H.B. 126 Enrolled

1

ELECTION LAW - BALLOT PROPOSITION
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christine A. Johnson
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 General Description:
10 This bill modifies ballot proposition numbering requirements under the Election Code.
11 Highlighted Provisions:
12 This bill:
13 . modifies definitions;
14 . requires that the certified ballot titles of ballot propositions or ballot questions be
15 submitted to the election officer before a set time before each election;
16 . requires that proposed constitutional amendments appearing on a ballot be identified
17 by a letter of the alphabet;
18 . provides that bond issues on the ballot are identified by a title as provided according
19 to procedures in Title 11, Chapter 14, Local Government Bonding Act;
20 . requires that all state and local ballot propositions, including opinion questions, state
21 and local initiatives, state and local referendums, and other ballot issues appearing on
22 the ballot, be identified by a unique number assigned by the lieutenant governor;
23 . provides that numbers for ballot propositions be assigned by the lieutenant governor
24 in the order that each number request is received;
25 . provides procedures for determining whether similar ballot issues should be assigned
26 the same number;
27 . eliminates duplicate references; and
28 . makes technical changes.
29 Monies Appropriated in this Bill:

30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
36 20A-6-301, as last amended by Laws of Utah 2006, Chapter 326
37 20A-6-303, as last amended by Laws of Utah 2007, Chapter 198
38 20A-6-304, as last amended by Laws of Utah 2007, Chapter 198
39 20A-6-402, as last amended by Laws of Utah 2007, Chapter 75
40 20A-7-103, as last amended by Laws of Utah 2007, Chapter 238
41 20A-7-209, as last amended by Laws of Utah 2005, Chapter 236
42 20A-7-308, as last amended by Laws of Utah 2001, Chapters 57, 65, and 169
43 20A-7-508, as last amended by Laws of Utah 2007, Chapter 27
44 20A-7-608, as last amended by Laws of Utah 2007, Chapter 27
45 ENACTS:
46 20A-6-106, Utah Code Annotated 1953
47 20A-6-107, Utah Code Annotated 1953
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 20A-1-102 is amended to read:
51 20A-1-102. Definitions.
52 As used in this title:
53 (1) "Active voter" means a registered voter who has not been classified as an inactive
54 voter by the county clerk.
55 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
56 counts votes recorded on paper ballots or ballot sheets and tabulates the results.
57 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon

58 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
59 secrecy envelopes.
60 (4) "Ballot sheet":
61 (a) means a ballot that:
62 (i) consists of paper or a card where the voter's votes are marked or recorded; and
63 (ii) can be counted using automatic tabulating equipment; and
64 (b) includes punch card ballots, and other ballots that are machine-countable.
65 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
66 contain the names of offices and candidates and statements of ballot propositions to be voted on
67 and which are used in conjunction with ballot sheets that do not display that information.
68 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
69 on the ballot for their approval or rejection including:
70 (a) an opinion [questions] question specifically authorized by the Legislature[,];
71 (b) a constitutional [amendments, initiatives, referenda, and] amendment;
72 (c) an initiative;
73 (d) a referendum;
74 (e) a bond proposition;
75 (f) a judicial retention [questions that are submitted to the voters for their approval or
76 rejection] question; or
77 (g) any other ballot question.
78 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
79 20A-4-306 to canvass election returns.
80 (8) "Bond election" means an election held for the purpose of approving or rejecting the
81 proposed issuance of bonds by a government entity.
82 (9) "Book voter registration form" means voter registration forms contained in a bound
83 book that are used by election officers and registration agents to register persons to vote.
84 (10) "By-mail voter registration form" means a voter registration form designed to be
85 completed by the voter and mailed to the election officer.

86 (11) "Canvass" means the review of election returns and the official declaration of
87 election results by the board of canvassers.
88 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
89 the canvass.
90 (13) "Convention" means the political party convention at which party officers and
91 delegates are selected.
92 (14) "Counting center" means one or more locations selected by the election officer in
93 charge of the election for the automatic counting of ballots.
94 (15) "Counting judge" means a poll worker designated to count the ballots during
95 election day.
96 (16) "Counting poll watcher" means a person selected as provided in Section
97 20A-3-201 to witness the counting of ballots.
98 (17) "Counting room" means a suitable and convenient private place or room,
99 immediately adjoining the place where the election is being held, for use by the poll workers and
100 counting judges to count ballots during election day.
101 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
102 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
103 (20) "County officers" means those county officers that are required by law to be
104 elected.
105 (21) "Election" means a regular general election, a municipal general election, a
106 statewide special election, a local special election, a regular primary election, a municipal
107 primary election, and a local district election.
108 (22) "Election Assistance Commission" means the commission established by Public
109 Law 107-252, the Help America Vote Act of 2002.
110 (23) "Election cycle" means the period beginning on the first day persons are eligible to
111 file declarations of candidacy and ending when the canvass is completed.
112 (24) "Election judge" means a poll worker that is assigned to:
113 (a) preside over other poll workers at a polling place;

114 (b) act as the presiding election judge; or
115 (c) serve as a canvassing judge, counting judge, or receiving judge.
116 (25) "Election officer" means:
117 (a) the lieutenant governor, for all statewide ballots;
118 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
119 as provided in Section 20A-5-400.5 ;
120 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
121 provided in Section 20A-5-400.5 ;
122 (d) the local district clerk or chief executive officer for certain ballots and elections as
123 provided in Section 20A-5-400.5 ; and
124 (e) the business administrator or superintendent of a school district for certain ballots or
125 elections as provided in Section 20A-5-400.5 .
126 (26) "Election official" means any election officer, election judge, or poll worker.
127 (27) "Election results" means, for bond elections, the count of those votes cast for and
128 against the bond proposition plus any or all of the election returns that the board of canvassers
129 may request.
130 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
131 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
132 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled
133 ballots, the ballot disposition form, and the total votes cast form.
134 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
135 device or other voting device that records and stores ballot information by electronic means.
136 (30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
137 (b) "Electronic voting device" includes a direct recording electronic voting device.
138 (31) "Inactive voter" means a registered voter who has been sent the notice required by
139 Section 20A-2-306 and who has failed to respond to that notice.
140 (32) "Inspecting poll watcher" means a person selected as provided in this title to
141 witness the receipt and safe deposit of voted and counted ballots.

142 (33) "Judicial office" means the office filled by any judicial officer.
143 (34) "Judicial officer" means any justice or judge of a court of record or any county
144 court judge.
145 (35) "Local district" means a local government entity under Title 17B, Limited Purpose
146 Local Government Entities - Local Districts, and includes a special service district under Title
147 17A, Chapter 2, Part 13, Utah Special Service District Act.
148 (36) "Local district officers" means those local district officers that are required by law
149 to be elected.
150 (37) "Local election" means a regular municipal election, a local special election, a local
151 district election, and a bond election.
152 (38) "Local political subdivision" means a county, a municipality, a local district, or a
153 local school district.
154 (39) "Local special election" means a special election called by the governing body of a
155 local political subdivision in which all registered voters of the local political subdivision may
156 vote.
157 (40) "Municipal executive" means:
158 (a) the city council or town council in the traditional management arrangement
159 established by Title 10, Chapter 3, Part 1, Governing Body;
160 (b) the mayor in the council-mayor optional form of government defined in Section
161 10-3-101 ; and
162 (c) the manager in the council-manager optional form of government defined in Section
163 10-3-101 .
164 (41) "Municipal general election" means the election held in municipalities and local
165 districts on the first Tuesday after the first Monday in November of each odd-numbered year for
166 the purposes established in Section 20A-1-202 .
167 (42) "Municipal legislative body" means:
168 (a) the city council or town council in the traditional management arrangement
169 established by Title 10, Chapter 3, Part 1, Governing Body;

170 (b) the municipal council in the council-mayor optional form of government defined in
171 Section 10-3-101 ; and
172 (c) the municipal council in the council-manager optional form of government defined in
173 Section 10-3-101 .
174 (43) "Municipal officers" means those municipal officers that are required by law to be
175 elected.
176 (44) "Municipal primary election" means an election held to nominate candidates for
177 municipal office.
178 (45) "Official ballot" means the ballots distributed by the election officer to the poll
179 workers to be given to voters to record their votes.
180 (46) "Official endorsement" means:
181 (a) the information on the ballot that identifies:
182 (i) the ballot as an official ballot;
183 (ii) the date of the election; and
184 (iii) the facsimile signature of the election officer; and
185 (b) the information on the ballot stub that identifies:
186 (i) the poll worker's initials; and
187 (ii) the ballot number.
188 (47) "Official register" means the official record furnished to election officials by the
189 election officer that contains the information required by Section 20A-5-401 .
190 (48) "Paper ballot" means a paper that contains:
191 (a) the names of offices and candidates and statements of ballot propositions to be
192 voted on; and
193 (b) spaces for the voter to record his vote for each office and for or against each ballot
194 proposition.
195 (49) "Political party" means an organization of registered voters that has qualified to
196 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
197 Formation and Procedures.

198 (50) (a) "Poll worker" means a person assigned by an election official to assist with an
199 election, voting, or counting votes.
200 (b) "Poll worker" includes election judges.
201 (c) "Poll worker" does not include a watcher.
202 (51) "Pollbook" means a record of the names of voters in the order that they appear to
203 cast votes.
204 (52) "Polling place" means the building where voting is conducted.
205 (53) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
206 which the voter marks his choice.
207 (54) "Provisional ballot" means a ballot voted provisionally by a person:
208 (a) whose name is not listed on the official register at the polling place;
209 (b) whose legal right to vote is challenged as provided in this title; or
210 (c) whose identity was not sufficiently established by a poll worker.
211 (55) "Provisional ballot envelope" means an envelope printed in the form required by
212 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
213 verify a person's legal right to vote.
214 (56) "Primary convention" means the political party conventions at which nominees for
215 the regular primary election are selected.
216 (57) "Protective counter" means a separate counter, which cannot be reset, that is built
217 into a voting machine and records the total number of movements of the operating lever.
218 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
219 duties of the position for which the person was elected.
220 (59) "Receiving judge" means the poll worker that checks the voter's name in the
221 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
222 after the voter has voted.
223 (60) "Registration form" means a book voter registration form and a by-mail voter
224 registration form.
225 (61) "Regular ballot" means a ballot that is not a provisional ballot.

226 (62) "Regular general election" means the election held throughout the state on the first
227 Tuesday after the first Monday in November of each even-numbered year for the purposes
228 established in Section 20A-1-201 .
229 (63) "Regular primary election" means the election on the fourth Tuesday of June of
230 each even-numbered year, at which candidates of political parties and nonpolitical groups are
231 voted for nomination.
232 (64) "Resident" means a person who resides within a specific voting precinct in Utah.
233 (65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
234 and distributed as provided in Section 20A-5-405 .
235 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
236 punch the ballot for one or more candidates who are members of different political parties.
237 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
238 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
239 voter's vote.
240 (68) "Special election" means an election held as authorized by Section 20A-1-204 .
241 (69) "Spoiled ballot" means each ballot that:
242 (a) is spoiled by the voter;
243 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
244 (c) lacks the official endorsement.
245 (70) "Statewide special election" means a special election called by the governor or the
246 Legislature in which all registered voters in Utah may vote.
247 (71) "Stub" means the detachable part of each ballot.
248 (72) "Substitute ballots" means replacement ballots provided by an election officer to
249 the poll workers when the official ballots are lost or stolen.
250 (73) "Ticket" means each list of candidates for each political party or for each group of
251 petitioners.
252 (74) "Transfer case" means the sealed box used to transport voted ballots to the
253 counting center.

254 (75) "Vacancy" means the absence of a person to serve in any position created by
255 statute, whether that absence occurs because of death, disability, disqualification, resignation, or
256 other cause.
257 (76) "Valid voter identification" means:
258 (a) a form of identification that bears the name and photograph of the voter which may
259 include:
260 (i) a currently valid Utah driver license;
261 (ii) a currently valid identification card that is issued by:
262 (A) the state;
263 (B) a local government within the state; or
264 (C) a branch, department, or agency of the United States;
265 (iii) an identification card that is issued by an employer for an employee;
266 (iv) a currently valid identification card that is issued by a college, university, technical
267 school, or professional school that is located within the state;
268 (v) a currently valid Utah permit to carry a concealed weapon;
269 (vi) a currently valid United States passport; or
270 (vii) a valid tribal identification card; or
271 (b) two forms of identification that bear the name of the voter and provide evidence that
272 the voter resides in the voting precinct, which may include:
273 (i) a voter identification card;
274 (ii) a current utility bill or a legible copy thereof;
275 (iii) a bank or other financial account statement, or a legible copy thereof;
276 (iv) a certified birth certificate;
277 (v) a valid Social Security card;
278 (vi) a check issued by the state or the federal government or a legible copy thereof;
279 (vii) a paycheck from the voter's employer, or a legible copy thereof;
280 (viii) a currently valid Utah hunting or fishing license;
281 (ix) a currently valid United States military identification card;

282 (x) certified naturalization documentation;
283 (xi) a currently valid license issued by an authorized agency of the United States;
284 (xii) a certified copy of court records showing the voter's adoption or name change;
285 (xiii) a Bureau of Indian Affairs card;
286 (xiv) a tribal treaty card;
287 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
288 (xvi) a form of identification listed in Subsection (76)(a) that does not contain a
289 photograph, but establishes the name of the voter and provides evidence that the voter resides in
290 the voting precinct.
291 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
292 candidate by following the procedures and requirements of this title.
293 (78) "Voter" means a person who meets the requirements for voting in an election,
294 meets the requirements of election registration, is registered to vote, and is listed in the official
295 register book.
296 (79) "Voter registration deadline" means the registration deadline provided in Section
297 20A-2-102.5 .
298 (80) "Voting area" means the area within six feet of the voting booths, voting machines,
299 and ballot box.
300 (81) "Voting booth" means:
301 (a) the space or compartment within a polling place that is provided for the preparation
302 of ballots, including the voting machine enclosure or curtain; or
303 (b) a voting device that is free standing.
304 (82) "Voting device" means:
305 (a) an apparatus in which ballot sheets are used in connection with a punch device for
306 piercing the ballots by the voter;
307 (b) a device for marking the ballots with ink or another substance;
308 (c) an electronic voting device or other device used to make selections and cast a ballot
309 electronically, or any component thereof;

310 (d) an automated voting system under Section 20A-5-302 ; or
311 (e) any other method for recording votes on ballots so that the ballot may be tabulated
312 by means of automatic tabulating equipment.
313 (83) "Voting machine" means a machine designed for the sole purpose of recording and
314 tabulating votes cast by voters at an election.
315 (84) "Voting poll watcher" means a person appointed as provided in this title to witness
316 the distribution of ballots and the voting process.
317 (85) "Voting precinct" means the smallest voting unit established as provided by law
318 within which qualified voters vote at one polling place.
319 (86) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting poll
320 watcher, and a testing watcher.
321 (87) "Western States Presidential Primary" means the election established in Title 20A,
322 Chapter 9, Part 8.
323 (88) "Write-in ballot" means a ballot containing any write-in votes.
324 (89) "Write-in vote" means a vote cast for a person whose name is not printed on the
325 ballot according to the procedures established in this title.
326 Section 2. Section 20A-6-106 is enacted to read:
327 20A-6-106. Deadline for submission of ballot titles.
328 Unless otherwise specifically provided for by statute, the certified ballot title of each
329 ballot proposition, ballot question, or ballot issue shall be submitted to the election officer no
330 later than 60 days before the date of the election at which the matter will be submitted to the
331 voters.
332 Section 3. Section 20A-6-107 is enacted to read:
333 20A-6-107. Numbering of ballot propositions and bond propositions -- Duties of
334 election officer and lieutenant governor.
335 (1) (a) Except as provided in Subsections (1)(b) and (1)(c), each ballot proposition shall
336 be listed on the ballot under the heading "Proposition #___", with the number of the ballot
337 proposition placed in the blank.

338 (b) Each proposed amendment to the Utah Constitution shall be listed on the ballot
339 under the heading "Constitutional Amendment ___", with a letter placed in the blank.
340 (c) Each bond proposition that has qualified for the ballot shall be listed on the ballot
341 under the title assigned to each bond proposition under Section 11-14-206 .
342 (2) (a) When an election officer or other person given authority to prepare or number
343 ballot propositions receives a ballot proposition that is eligible for inclusion on the ballot, they
344 shall ask the lieutenant governor to assign a number to the ballot proposition.
345 (b) (i) Upon request from an election officer or other person given authority to prepare
346 or number ballot propositions, the lieutenant governor shall assign each ballot proposition a
347 unique number, except as provided under Subsection (2)(b)(iii).
348 (ii) Ballot proposition numbers shall be assigned sequentially, in the order requests for
349 ballot proposition numbers are received.
350 (iii) The same ballot proposition number may be assigned to multiple ballot propositions
351 if:
352 (A) the sponsors of each ballot proposition agree, in writing, to share the number; and
353 (B) the ballot propositions sharing the same number are identical in their terms,
354 purpose, and effect, with jurisdiction being the only significant difference between the ballot
355 propositions.
356 Section 4. Section 20A-6-301 is amended to read:
357 20A-6-301. Paper ballots -- Regular general election.
358 (1) Each election officer shall ensure that:
359 (a) all paper ballots furnished for use at the regular general election contain no captions
360 or other endorsements except as provided in this section;
361 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
362 top of the ballot, and divided from the rest of ballot by a perforated line;
363 (ii) the ballot number and the words " Poll Worker's Initial ____" are printed on the
364 stub; and
365 (iii) ballot stubs are numbered consecutively;

366 (c) immediately below the perforated ballot stub, the following endorsements are
367 printed in 18-point bold type:
368 (i) "Official Ballot for ____ County, Utah";
369 (ii) the date of the election; and
370 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
371 (d) each ticket is placed in a separate column on the ballot in the order determined by
372 the election officer with the party emblem, followed by the party name, at the head of the
373 column;
374 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
375 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and
376 the top of the circle is placed not less than two inches below the perforated line;
377 (g) unaffiliated candidates and candidates not affiliated with a registered political party
378 are listed in one column, without a party circle, with the following instructions printed at the
379 head of the column: "All candidates not affiliated with a political party are listed below. They
380 are to be considered with all offices and candidates listed to the left. Only one vote is allowed
381 for each office.";
382 (h) the columns containing the lists of candidates, including the party name and device,
383 are separated by heavy parallel lines;
384 (i) the offices to be filled are plainly printed immediately above t