S.B. 12 Enrolled

1

ELECTION LAW MODIFICATIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Douglas C. Aagard
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 . consolidates provisions for calculating time when dates of interest fall on a Saturday,
13 Sunday, or legal holiday;
14 . consolidates the date for the lieutenant governor's certification of candidates, ballot
15 measures, and other matters to a single date;
16 . modifies the date for circulation of the voter information pamphlet to accommodate
17 the early voting period;
18 . removes outdated ballot formatting requirements;
19 . provides alternative deadlines for submissions to the voter information pamphlet to
20 accommodate voter information pamphlets issued for elections other than the regular
21 general election;
22 . modifies language to clarify differences between a statewide voter information
23 pamphlet and a local voter information pamphlet;
24 . modifies inaccurate references to reporting years for campaign finance reports;
25 . clarifies certain definitions; and
26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:

30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 20A-1-401, as last amended by Laws of Utah 1993, Chapter 228
34 20A-2-102.5, as last amended by Laws of Utah 2007, Chapter 285
35 20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
36 20A-3-404, as last amended by Laws of Utah 2006, Chapter 264
37 20A-4-101, as last amended by Laws of Utah 2007, Chapter 75
38 20A-4-306, as last amended by Laws of Utah 2007, Chapter 75
39 20A-5-409, as last amended by Laws of Utah 2003, Chapter 77
40 20A-6-301, as last amended by Laws of Utah 2006, Chapter 326
41 20A-6-303, as last amended by Laws of Utah 2007, Chapter 198
42 20A-6-304, as last amended by Laws of Utah 2007, Chapter 198
43 20A-7-103, as last amended by Laws of Utah 2007, Chapter 238
44 20A-7-209, as last amended by Laws of Utah 2005, Chapter 236
45 20A-7-503, as last amended by Laws of Utah 2007, Chapter 78
46 20A-7-701, as last amended by Laws of Utah 1997, Chapter 215
47 20A-7-702, as last amended by Laws of Utah 2005, Chapter 236
48 20A-7-703, as enacted by Laws of Utah 1995, Chapter 1 and last amended by Laws of
49 Utah 1995, Chapter 153
50 20A-7-705, as last amended by Laws of Utah 1999, Chapter 116
51 20A-7-706, as last amended by Laws of Utah 2001, Chapter 65
52 20A-9-201, as last amended by Laws of Utah 2007, Chapters 83, and 97
53 20A-9-202, as last amended by Laws of Utah 2005, Chapter 71
54 20A-9-203, as last amended by Laws of Utah 2007, Chapters 83, 97, and 256
55 20A-9-403, as last amended by Laws of Utah 2006, Chapter 16
56 20A-9-601, as last amended by Laws of Utah 2006, Chapter 264
57 20A-9-701, as last amended by Laws of Utah 2007, Chapters 97, and 238

58 20A-9-802, as last amended by Laws of Utah 2006, Chapter 355
59 20A-9-803, as last amended by Laws of Utah 2007, Chapter 97
60 20A-11-302, as last amended by Laws of Utah 1997, Chapter 355
61 20A-11-506, as last amended by Laws of Utah 1997, Chapter 355
62 20A-11-601, as last amended by Laws of Utah 2006, Chapter 226
63 20A-11-801, as last amended by Laws of Utah 2006, Chapter 226
64 20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
65 20A-11-1203, as enacted by Laws of Utah 1995, Chapter 158
66 20A-11-1302, as enacted by Laws of Utah 1997, Chapter 355
67 20A-12-201, as last amended by Laws of Utah 2001, Chapter 308
68
69 Be it enacted by the Legislature of the state of Utah:
70 Section 1. Section 20A-1-401 is amended to read:
71 20A-1-401. Interpretation of election laws -- Computation of time.
72 (1) Courts and election officers shall construe the provisions of Title 20A, Election
73 Code, liberally to carry out the intent of this title.
74 (2) Except as provided under Subsection (3), Saturdays, Sundays, and holidays shall be
75 included in all computations of [time] days made under the provisions of Title 20A, Election
76 Code.
77 (3) Unless otherwise specifically provided for under this Title 20A:
78 (a) when computing any number of days before or after a specified date or event under
79 this Title 20A, the specified date or day of the event shall not be included in the count; and
80 (b) (i) if the commencement date of a time period preceding a specified date or event
81 falls on a Saturday, Sunday, or legal holiday, the following business day shall be used;
82 (ii) if the last day of a time period following a specified date or event falls on a
83 Saturday, Sunday, or legal holiday, the time period shall be extended to the following business
84 day; and
85 (iii) if a deadline that falls before or after a specified date or event falls on a Saturday,

86 Sunday, or legal holiday, the deadline shall be considered to fall on the following business day.
87 Section 2. Section 20A-2-102.5 is amended to read:
88 20A-2-102.5. Voter registration deadline.
89 (1) Except as provided in Section 20A-2-201 and in Title 20A, Chapter 3, Part 4,
90 Voting by Members of the Military and by Other Persons Living or Serving Abroad, a person
91 who fails to submit a correctly completed voter registration form on or before the voter
92 registration deadline shall not be permitted to vote in the election.
93 (2) The voter registration deadline shall be the date that is 30 calendar days before the
94 date of the election.
95 [(3) If the voter registration deadline established in Subsection (2) falls on a weekend or
96 holiday, it shall be extended to the next regular business day.]
97 Section 3. Section 20A-2-201 is amended to read:
98 20A-2-201. Registering to vote at office of county clerk.
99 (1) Except as provided in Subsection (3), the county clerk shall register to vote all
100 persons who present themselves for registration at the county clerk's office during designated
101 office hours if those persons, on voting day, will be legally qualified and entitled to vote in a
102 voting precinct in the county.
103 (2) If a registration form is submitted in person at the office of the county clerk during
104 the period beginning on the date after the voter registration deadline and ending on the date that
105 is 15 calendar days before the date of the election, the county clerk shall:
106 (a) accept registration forms from all persons who present themselves for registration at
107 the clerk's office during designated office hours if those persons, on voting day, will be legally
108 qualified and entitled to vote in a voting precinct in the county; and
109 (b) inform them that:
110 (i) they will be registered to vote in the pending election; and
111 (ii) for the pending election, they must vote on the day of the election and will not be
112 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
113 registered too late.

114 (3) [Except as provided in Subsection (3), if] If a registration form is submitted to the
115 county clerk on the date of the election or during the 14 calendar days before an election, the
116 county clerk shall:
117 (a) accept registration forms from all persons who present themselves for registration at
118 the clerk's office during designated office hours if those persons, on voting day, will be legally
119 qualified and entitled to vote in a voting precinct in the county; and
120 (b) inform them that they will be registered to vote but may not vote in the pending
121 election because they registered too late.
122 Section 4. Section 20A-3-404 is amended to read:
123 20A-3-404. Special military write-in absentee ballots.
124 (1) [(a)] Notwithstanding any other provisions of this chapter, a military voter may
125 apply for a special write-in absentee ballot not later than the date 20 days before the date of an
126 election.
127 [(b) If the application deadline falls on a weekend or holiday, it shall be extended to the
128 next regular business day.]
129 (2) To qualify for a special write-in absentee ballot, a military voter shall:
130 (a) apply for a special write-in absentee ballot by submitting a federal postcard
131 application form; and
132 (b) state on the form or on a separate paper submitted with the form that he is unable to
133 vote by regular absentee ballot or in person because of his military service.
134 (3) Upon receipt of the application, the county clerk shall issue and mail a special
135 military write-in ballot.
136 Section 5. Section 20A-4-101 is amended to read:
137 20A-4-101. Counting paper ballots during election day.
138 (1) Each county legislative body or municipal legislative body that has voting precincts
139 that use paper ballots and each poll worker in those voting precincts shall comply with the
140 requirements of this section.
141 (2) (a) Each county legislative body or municipal legislative body shall provide:

142 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
143 judges have been appointed; and
144 (ii) a counting room for the use of the poll workers counting the ballots during the day.
145 (b) At any election in any voting precinct in which both receiving and counting judges
146 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
147 (i) close the first ballot box and deliver it to the counting judges; and
148 (ii) prepare and use another ballot box to receive voted ballots.
149 (c) Upon receipt of the ballot box, the counting judges shall:
150 (i) take the ballot box to the counting room;
151 (ii) count the votes on the regular ballots in the ballot box;
152 (iii) place the provisional ballot envelopes in the envelope or container provided for
153 them for return to the election officer; and
154 (iv) when they have finished counting the votes in the ballot box, return the emptied box
155 to the receiving judges.
156 (d) (i) During the course of election day, whenever there are at least 20 ballots
157 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
158 judges for counting; and
159 (ii) the counting judges shall immediately count the regular ballots and segregate the
160 provisional ballots contained in that box.
161 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
162 until the polls close.
163 (3) Counting poll watchers appointed as provided in Section 20A-3-201 may observe
164 the count.
165 (4) The counting judges shall apply the standards and requirements of Section
166 [ 20A-4-104 ] 20A-4-105 to resolve any questions that arise as they count the ballots.
167 Section 6. Section 20A-4-306 is amended to read:
168 20A-4-306. Statewide canvass.
169 (1) (a) The state board of canvassers shall convene:

170 (i) on the fourth Monday of November, at noon; or
171 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
172 returns of a statewide special election.
173 (b) The state auditor, the state treasurer, and the attorney general are the state board of
174 canvassers.
175 (c) Attendance of all members of the state board of canvassers shall be required to
176 constitute a quorum for conducting the canvass.
177 (2) (a) The state board of canvassers shall:
178 (i) meet in the lieutenant governor's office; and
179 (ii) compute and determine the vote for officers and for and against any ballot
180 propositions voted upon by the voters of the entire state or of two or more counties.
181 (b) The lieutenant governor, as secretary of the board shall file a report in his office that
182 details:
183 (i) for each statewide officer and ballot proposition:
184 (A) the name of the statewide office or ballot proposition that appeared on the ballot;
185 (B) the candidates for each statewide office whose names appeared on the ballot, plus
186 any recorded write-in candidates;
187 (C) the number of votes from each county cast for each candidate and for and against
188 each ballot proposition;
189 (D) the total number of votes cast statewide for each candidate and for and against each
190 ballot proposition; and
191 (E) the total number of votes cast statewide; and
192 (ii) for each officer or ballot proposition voted on in two or more counties:
193 (A) the name of each of those offices and ballot propositions that appeared on the
194 ballot;
195 (B) the candidates for those offices, plus any recorded write-in candidates;
196 (C) the number of votes from each county cast for each candidate and for and against
197 each ballot proposition; and

198 (D) the total number of votes cast for each candidate and for and against each ballot
199 proposition.
200 (c) The lieutenant governor shall:
201 (i) prepare certificates of election for:
202 (A) each successful candidate; and
203 (B) each of the presidential electors of the candidate for president who received a
204 majority of the votes;
205 (ii) authenticate each certificate with his seal; and
206 (iii) deliver a certificate of election to:
207 (A) each candidate who had the highest number of votes for each office; and
208 (B) each of the presidential electors of the candidate for president who received a
209 majority of the votes.
210 (3) If the lieutenant governor has not received election returns from all counties on the
211 fifth day before the day designated for the meeting of the state board of canvassers, the
212 lieutenant governor shall:
213 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
214 county;
215 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
216 required by Section 20A-4-304 from the clerk; and
217 (c) pay the messenger the per diem provided by law as compensation.
218 (4) The state board of canvassers may not withhold the declaration of the result or any
219 certificate of election because of any defect or informality in the returns of any election if the
220 board can determine from the returns, with reasonable certainty, what office is intended and
221 who is elected to it.
222 (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
223 governor shall:
224 (i) canvass the returns for all multicounty candidates required to file with the office of
225 the lieutenant governor; and

226 (ii) publish and file the results of the canvass in the lieutenant governor's office.
227 (b) The lieutenant governor shall certify the results of the primary canvass to the county
228 clerks not later than the August 1 after the primary election.
229 (6) (a) At noon on the Tuesday that falls two weeks after the Western States
230 Presidential Primary election, the lieutenant governor shall:
231 (i) canvass the returns; and
232 (ii) publish and file the results of the canvass in the lieutenant governor's office.
233 (b) The lieutenant governor shall certify the results of the Western States Presidential
234 Primary canvass to each registered political party that participated in the primary not later than
235 the April 15 after the primary election[, or the following business day if April 15 falls on a
236 Saturday, Sunday, or a holiday].
237 Section 7. Section 20A-5-409 is amended to read:
238 20A-5-409. Certification of candidates to county clerks.
239 [By] No later than September [3] 8 of each regular general election year, the lieutenant
240 governor shall certify to each county clerk the name of each candidate qualified to be printed on
241 the regular general election ballot for that county clerk's county.
242 Section 8. Section 20A-6-301 is amended to read:
243 20A-6-301. Paper ballots -- Regular general election.
244 (1) Each election officer shall ensure that:
245 (a) all paper ballots furnished for use at the regular general election contain no captions
246 or other endorsements except as provided in this section;
247 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
248 top of the ballot, and divided from the rest of ballot by a perforated line;
249 (ii) the ballot number and the words " Poll Worker's Initial ____" are printed on the
250 stub; and
251 (iii) ballot stubs are numbered consecutively;
252 (c) immediately below the perforated ballot stub, the following endorsements are
253 printed in 18-point bold type:

254 (i) "Official Ballot for ____ County, Utah";
255 (ii) the date of the election; and
256 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
257 (d) each ticket is placed in a separate column on the ballot in the order determined by
258 the election officer with the party emblem, followed by the party name, at the head of the
259 column;
260 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
261 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and
262 the top of the circle is placed not less than two inches below the perforated line;
263 (g) unaffiliated candidates and candidates not affiliated with a registered political party
264 are listed in one column, without a party circle, with the following instructions printed at the
265 head of the column: "All candidates not affiliated with a political party are listed below. They
266 are to be considered with all offices and candidates listed to the left. Only one vote is allowed
267 for each office.";
268 (h) the columns containing the lists of candidates, including the party name and device,
269 are separated by heavy parallel lines;
270 (i) the offices to be filled are plainly printed immediately above the names of the
271 candidates for those offices;
272 (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
273 1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of
274 an inch apart;
275 (k) a square with sides measuring not less than 1/4 of an inch in length is printed at the
276 right of the name of each candidate;
277 (l) for the offices of president and vice president and governor and lieutenant governor,
278 one square with sides measuring not less than 1/4 of an inch in length is printed opposite a
279 double bracket enclosing the right side of the names of the two candidates;
280 (m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
281 write-in column long enough to contain as many written names of candidates as there are

282 persons to be elected with:
283 (i) for each office on the ballot, the office to be filled plainly printed immediately above:
284 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a square
285 with sides measuring not less than 1/4 of an inch in length printed at the right of the blank
286 horizontal line; or
287 (B) for the offices of president and vice president and governor and lieutenant
288 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
289 valid write-in candidates, and one square with sides measuring not less than 1/4 of an inch in
290 length printed opposite a double bracket enclosing the right side of the two blank horizontal
291 lines; and
292 (ii) the words "Write-In Voting Column" printed at the head of the column without a
293 1/2 inch circle;
294 (n) when required, the ballot includes a nonpartisan ticket placed immediately to the
295 right of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid
296 rule running vertically the full length of the nonpartisan ballot copy; and
297 (o) constitutional amendments or other questions submitted to the vote of the people,
298 are printed on the ballot after the list of candidates.
299 (2) Each election officer shall ensure that:
300 (a) each person nominated by any political party or group of petitioners is placed on the
301 ballot:
302 (i) under the party name and emblem, if any; or
303 (ii) under the title of the party or group as designated by them in their certificates of
304 nomination or petition, or, if none is designated, then under some suitable title;
305 (b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter
306 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
307 (c) the names of the candidates for president and vice president are used on the ballot
308 instead of the names of the presidential electors; and
309 (d) the ballots contain no other names.

310 (3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
311 (a) the designation of the office to be filled in the election and the number of candidates
312 to be elected are printed in type not smaller than eight-point;
313 (b) the words designating the office are printed flush with the left-hand margin;
314 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
315 the column;
316 (d) the nonpartisan candidates are grouped according to the office for which they are
317 candidates;
318 (e) the names in each group are placed in alphabetical order with the surnames last,
319 except for candidates for the State Board of Education and local school boards;
320 (f) the names of candidates for the State Board of Education are placed on the ballot as
321 certified by the lieutenant governor under Section 20A-14-105 ;
322 (g) if candidates for membership on a local board of education were selected in a
323 primary election, the name of the candidate who received the most votes in the primary election
324 is listed first on the ballot;
325 (h) if candidates for membership on a local board of education were not selected in the
326 primary election, the names of the candidates are listed on the ballot in the order determined by
327 a lottery conducted by the county clerk; and
328 (i) each group is preceded by the designation of the office for which the candidates seek
329 election, and the words, "Vote for one" or "Vote for two or more," according to the number to
330 be elected.
331 (4) Each election officer shall ensure that:
332 (a) proposed amendments to the Utah Constitution are listed on the ballot under the
333 heading "Constitutional Amendment Number __" with the number of the constitutional
334 amendment as assigned under Section 20A-7-103 placed in the blank;
335 (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot
336 under the heading "State Proposition Number __" with the number of the state proposition as
337 assigned under Section 20A-7-103 placed in the blank;

338 (c) propositions submitted to the voters by a county are listed on the ballot under the
339 heading "County Proposition Number __" with the number of the county proposition as
340 assigned by the county legislative body placed in the blank;
341 (d) propositions submitted to the voters by a school district are listed on the ballot
342 under the heading "School District Proposition Number __" with the number of the school
343 district proposition as assigned by the county legislative body placed in the blank;
344 (e) state initiatives that have qualified for the ballot are listed on the ballot under the
345 heading "Citizen's State Initiative Number __" with the number of the state initiative as assigned
346 by Section 20A-7-209 placed in the blank;
347 (f) county initiatives that have qualified for the ballot are listed on the ballot under the
348 heading "Citizen's County Initiative Number __" with the number of the county initiative as
349 assigned under Section 20A-7-508 placed in the blank;
350 (g) state referenda that have qualified for the ballot are listed on the ballot under the
351 heading "Citizen's State Referendum Number __" with the number of the state referendum as
352 assigned under [Sections 20A-7-209 and] Section 20A-7-308 placed in the blank;
353 (h) county referenda that have qualified for the ballot are listed on the ballot under the
354 heading "Citizen's County Referendum Number __" with the number of the county referendum
355 as assigned under Section 20A-7-608 placed in the blank; and
356 (i) bond propositions that have qualified for the ballot are listed on the ballot under the
357 title assigned to each bond proposition under Section 11-14-206 .
358 Section 9. Section 20A-6-303 is amended to read:
359 20A-6-303. Regular general election -- Ballot sheets.
360 (1) Each election officer shall ensure that:
361 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
362 approximately the same order as paper ballots;
363 (b) the titles of offices and the names of candidates are printed in vertical columns or in
364 a series of separate pages;
365 (c) the ballot sheet or any pages used for the ballot label are of sufficient number to

366 include, after the list of candidates:
367 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
368 (ii) any ballot propositions submitted to the voters for their approval or rejection;
369 (d) (i) a voting square or position is included where the voter may record a straight
370 party ticket vote for all the candidates of one party by one mark or punch; and
371 (ii) the name of each political party listed in the straight party selection area includes the
372 word "party" at the end of the party's name;
373 (e) the tickets are printed in the order determined by the county clerk;
374 (f) the office titles are printed above or at the side of the names of candidates so as to
375 indicate clearly the candidates for each office and the number to be elected;
376 (g) the party designation of each candidate is printed to the right or below the
377 candidate's name; and
378 (h) (i) if possible, all candidates for one office are grouped in one column or upon one
379 page;
380 (ii) if all candidates for one office cannot be listed in one column or grouped on one
381 page:
382 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
383 candidates is continued on the following column or page; and
384 (B) approximately the same number of names shall be printed in each column or on
385