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S.B. 12 Enrolled
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ELECTION LAW MODIFICATIONS
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Peter C. Knudson
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House Sponsor:
Douglas C. Aagard
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LONG TITLE
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General Description:
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This bill modifies provisions of the Election Code.
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Highlighted Provisions:
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This bill:
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. consolidates provisions for calculating time when dates of interest fall on a Saturday,
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Sunday, or legal holiday;
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. consolidates the date for the lieutenant governor's certification of candidates, ballot
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measures, and other matters to a single date;
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. modifies the date for circulation of the voter information pamphlet to accommodate
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the early voting period;
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. removes outdated ballot formatting requirements;
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. provides alternative deadlines for submissions to the voter information pamphlet to
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accommodate voter information pamphlets issued for elections other than the regular
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general election;
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. modifies language to clarify differences between a statewide voter information
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pamphlet and a local voter information pamphlet;
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. modifies inaccurate references to reporting years for campaign finance reports;
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. clarifies certain definitions; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-1-401, as last amended by Laws of Utah 1993, Chapter 228
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20A-2-102.5, as last amended by Laws of Utah 2007, Chapter 285
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20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
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20A-3-404, as last amended by Laws of Utah 2006, Chapter 264
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20A-4-101, as last amended by Laws of Utah 2007, Chapter 75
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20A-4-306, as last amended by Laws of Utah 2007, Chapter 75
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20A-5-409, as last amended by Laws of Utah 2003, Chapter 77
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20A-6-301, as last amended by Laws of Utah 2006, Chapter 326
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20A-6-303, as last amended by Laws of Utah 2007, Chapter 198
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20A-6-304, as last amended by Laws of Utah 2007, Chapter 198
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20A-7-103, as last amended by Laws of Utah 2007, Chapter 238
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20A-7-209, as last amended by Laws of Utah 2005, Chapter 236
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20A-7-503, as last amended by Laws of Utah 2007, Chapter 78
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20A-7-701, as last amended by Laws of Utah 1997, Chapter 215
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20A-7-702, as last amended by Laws of Utah 2005, Chapter 236
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20A-7-703, as enacted by Laws of Utah 1995, Chapter 1 and last amended by Laws of
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Utah 1995, Chapter 153
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20A-7-705, as last amended by Laws of Utah 1999, Chapter 116
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20A-7-706, as last amended by Laws of Utah 2001, Chapter 65
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20A-9-201, as last amended by Laws of Utah 2007, Chapters 83, and 97
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20A-9-202, as last amended by Laws of Utah 2005, Chapter 71
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20A-9-203, as last amended by Laws of Utah 2007, Chapters 83, 97, and 256
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20A-9-403, as last amended by Laws of Utah 2006, Chapter 16
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20A-9-601, as last amended by Laws of Utah 2006, Chapter 264
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20A-9-701, as last amended by Laws of Utah 2007, Chapters 97, and 238
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20A-9-802, as last amended by Laws of Utah 2006, Chapter 355
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20A-9-803, as last amended by Laws of Utah 2007, Chapter 97
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20A-11-302, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-506, as last amended by Laws of Utah 1997, Chapter 355
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20A-11-601, as last amended by Laws of Utah 2006, Chapter 226
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20A-11-801, as last amended by Laws of Utah 2006, Chapter 226
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20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
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20A-11-1203, as enacted by Laws of Utah 1995, Chapter 158
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20A-11-1302, as enacted by Laws of Utah 1997, Chapter 355
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20A-12-201, as last amended by Laws of Utah 2001, Chapter 308
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-1-401
is amended to read:
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20A-1-401. Interpretation of election laws -- Computation of time.
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(1) Courts and election officers shall construe the provisions of Title 20A, Election
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Code, liberally to carry out the intent of this title.
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(2) Except as provided under Subsection (3), Saturdays, Sundays, and holidays shall be
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included in all computations of [time] days made under the provisions of Title 20A, Election
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Code.
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(3) Unless otherwise specifically provided for under this Title 20A:
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(a) when computing any number of days before or after a specified date or event under
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this Title 20A, the specified date or day of the event shall not be included in the count; and
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(b) (i) if the commencement date of a time period preceding a specified date or event
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falls on a Saturday, Sunday, or legal holiday, the following business day shall be used;
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(ii) if the last day of a time period following a specified date or event falls on a
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Saturday, Sunday, or legal holiday, the time period shall be extended to the following business
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day; and
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(iii) if a deadline that falls before or after a specified date or event falls on a Saturday,
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Sunday, or legal holiday, the deadline shall be considered to fall on the following business day.
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Section 2.
Section
20A-2-102.5
is amended to read:
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20A-2-102.5. Voter registration deadline.
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(1) Except as provided in Section
20A-2-201
and in Title 20A, Chapter 3, Part 4,
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Voting by Members of the Military and by Other Persons Living or Serving Abroad, a person
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who fails to submit a correctly completed voter registration form on or before the voter
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registration deadline shall not be permitted to vote in the election.
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(2) The voter registration deadline shall be the date that is 30 calendar days before the
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date of the election.
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[(3) If the voter registration deadline established in Subsection (2) falls on a weekend or
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holiday, it shall be extended to the next regular business day.]
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Section 3.
Section
20A-2-201
is amended to read:
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20A-2-201. Registering to vote at office of county clerk.
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(1) Except as provided in Subsection (3), the county clerk shall register to vote all
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persons who present themselves for registration at the county clerk's office during designated
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office hours if those persons, on voting day, will be legally qualified and entitled to vote in a
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voting precinct in the county.
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(2) If a registration form is submitted in person at the office of the county clerk during
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the period beginning on the date after the voter registration deadline and ending on the date that
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is 15 calendar days before the date of the election, the county clerk shall:
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(a) accept registration forms from all persons who present themselves for registration at
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the clerk's office during designated office hours if those persons, on voting day, will be legally
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qualified and entitled to vote in a voting precinct in the county; and
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(b) inform them that:
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(i) they will be registered to vote in the pending election; and
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(ii) for the pending election, they must vote on the day of the election and will not be
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eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
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registered too late.
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(3) [Except as provided in Subsection (3), if] If a registration form is submitted to the
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county clerk
on the date of the election or during the 14 calendar days before an election, the
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county clerk shall:
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(a) accept registration forms from all persons who present themselves for registration at
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the clerk's office during designated office hours if those persons, on voting day, will be legally
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qualified and entitled to vote in a voting precinct in the county; and
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(b) inform them that they will be registered to vote but may not vote in the pending
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election because they registered too late.
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Section 4.
Section
20A-3-404
is amended to read:
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20A-3-404. Special military write-in absentee ballots.
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(1) [(a)] Notwithstanding any other provisions of this chapter, a military voter may
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apply for a special write-in absentee ballot not later than the date 20 days before the date of an
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election.
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[(b) If the application deadline falls on a weekend or holiday, it shall be extended to the
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next regular business day.]
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(2) To qualify for a special write-in absentee ballot, a military voter shall:
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(a) apply for a special write-in absentee ballot by submitting a federal postcard
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application form; and
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(b) state on the form or on a separate paper submitted with the form that he is unable to
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vote by regular absentee ballot or in person because of his military service.
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(3) Upon receipt of the application, the county clerk shall issue and mail a special
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military write-in ballot.
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Section 5.
Section
20A-4-101
is amended to read:
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20A-4-101. Counting paper ballots during election day.
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(1) Each county legislative body or municipal legislative body that has voting precincts
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that use paper ballots and each poll worker in those voting precincts shall comply with the
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requirements of this section.
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(2) (a) Each county legislative body or municipal legislative body shall provide:
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(i) two sets of ballot boxes for all voting precincts where both receiving and counting
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judges have been appointed; and
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(ii) a counting room for the use of the poll workers counting the ballots during the day.
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(b) At any election in any voting precinct in which both receiving and counting judges
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have been appointed, when at least 20 votes have been cast, the receiving judges shall:
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(i) close the first ballot box and deliver it to the counting judges; and
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(ii) prepare and use another ballot box to receive voted ballots.
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(c) Upon receipt of the ballot box, the counting judges shall:
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(i) take the ballot box to the counting room;
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(ii) count the votes on the regular ballots in the ballot box;
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(iii) place the provisional ballot envelopes in the envelope or container provided for
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them for return to the election officer; and
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(iv) when they have finished counting the votes in the ballot box, return the emptied box
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to the receiving judges.
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(d) (i) During the course of election day, whenever there are at least 20 ballots
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contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
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judges for counting; and
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(ii) the counting judges shall immediately count the regular ballots and segregate the
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provisional ballots contained in that box.
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(e) The counting judges shall continue to exchange the ballot boxes and count ballots
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until the polls close.
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(3) Counting poll watchers appointed as provided in Section
20A-3-201
may observe
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the count.
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(4) The counting judges shall apply the standards and requirements of Section
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[
20A-4-104
]
20A-4-105
to resolve any questions that arise as they count the ballots.
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Section 6.
Section
20A-4-306
is amended to read:
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20A-4-306. Statewide canvass.
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(1) (a) The state board of canvassers shall convene:
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(i) on the fourth Monday of November, at noon; or
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(ii) at noon on the day following the receipt by the lieutenant governor of the last of the
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returns of a statewide special election.
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(b) The state auditor, the state treasurer, and the attorney general are the state board of
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canvassers.
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(c) Attendance of all members of the state board of canvassers shall be required to
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constitute a quorum for conducting the canvass.
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(2) (a) The state board of canvassers shall:
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(i) meet in the lieutenant governor's office; and
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(ii) compute and determine the vote for officers and for and against any ballot
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propositions voted upon by the voters of the entire state or of two or more counties.
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(b) The lieutenant governor, as secretary of the board shall file a report in his office that
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details:
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(i) for each statewide officer and ballot proposition:
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(A) the name of the statewide office or ballot proposition that appeared on the ballot;
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(B) the candidates for each statewide office whose names appeared on the ballot, plus
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any recorded write-in candidates;
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(C) the number of votes from each county cast for each candidate and for and against
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each ballot proposition;
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(D) the total number of votes cast statewide for each candidate and for and against each
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ballot proposition; and
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(E) the total number of votes cast statewide; and
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(ii) for each officer or ballot proposition voted on in two or more counties:
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(A) the name of each of those offices and ballot propositions that appeared on the
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ballot;
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(B) the candidates for those offices, plus any recorded write-in candidates;
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(C) the number of votes from each county cast for each candidate and for and against
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each ballot proposition; and
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(D) the total number of votes cast for each candidate and for and against each ballot
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proposition.
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(c) The lieutenant governor shall:
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(i) prepare certificates of election for:
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(A) each successful candidate; and
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(B) each of the presidential electors of the candidate for president who received a
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majority of the votes;
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(ii) authenticate each certificate with his seal; and
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(iii) deliver a certificate of election to:
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(A) each candidate who had the highest number of votes for each office; and
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(B) each of the presidential electors of the candidate for president who received a
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majority of the votes.
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(3) If the lieutenant governor has not received election returns from all counties on the
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fifth day before the day designated for the meeting of the state board of canvassers, the
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lieutenant governor shall:
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(a) send a messenger to the clerk of the board of county canvassers of the delinquent
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county;
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(b) instruct the messenger to demand a certified copy of the board of canvasser's report
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required by Section
20A-4-304
from the clerk; and
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(c) pay the messenger the per diem provided by law as compensation.
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(4) The state board of canvassers may not withhold the declaration of the result or any
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certificate of election because of any defect or informality in the returns of any election if the
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board can determine from the returns, with reasonable certainty, what office is intended and
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who is elected to it.
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(5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
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governor shall:
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(i) canvass the returns for all multicounty candidates required to file with the office of
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the lieutenant governor; and
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(ii) publish and file the results of the canvass in the lieutenant governor's office.
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(b) The lieutenant governor shall certify the results of the primary canvass to the county
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clerks not later than the August 1 after the primary election.
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(6) (a) At noon on the Tuesday that falls two weeks after the Western States
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Presidential Primary election, the lieutenant governor shall:
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(i) canvass the returns; and
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(ii) publish and file the results of the canvass in the lieutenant governor's office.
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(b) The lieutenant governor shall certify the results of the Western States Presidential
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Primary canvass to each registered political party that participated in the primary not later than
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the April 15 after the primary election[, or the following business day if April 15 falls on a
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Saturday, Sunday, or a holiday].
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Section 7.
Section
20A-5-409
is amended to read:
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20A-5-409. Certification of candidates to county clerks.
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[By] No later than September [3] 8 of each regular general election year, the lieutenant
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governor shall certify to each county clerk the name of each candidate qualified to be printed on
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the regular general election ballot for that county clerk's county.
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Section 8.
Section
20A-6-301
is amended to read:
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20A-6-301. Paper ballots -- Regular general election.
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(1) Each election officer shall ensure that:
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(a) all paper ballots furnished for use at the regular general election contain no captions
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or other endorsements except as provided in this section;
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(b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
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top of the ballot, and divided from the rest of ballot by a perforated line;
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(ii) the ballot number and the words " Poll Worker's Initial ____" are printed on the
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stub; and
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(iii) ballot stubs are numbered consecutively;
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(c) immediately below the perforated ballot stub, the following endorsements are
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printed in 18-point bold type:
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(i) "Official Ballot for ____ County, Utah";
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(ii) the date of the election; and
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(iii) a facsimile of the signature of the county clerk and the words "county clerk";
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(d) each ticket is placed in a separate column on the ballot in the order determined by
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the election officer with the party emblem, followed by the party name, at the head of the
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column;
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(e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
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(f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and
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the top of the circle is placed not less than two inches below the perforated line;
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(g) unaffiliated candidates and candidates not affiliated with a registered political party
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are listed in one column, without a party circle, with the following instructions printed at the
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head of the column: "All candidates not affiliated with a political party are listed below. They
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are to be considered with all offices and candidates listed to the left. Only one vote is allowed
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for each office.";
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(h) the columns containing the lists of candidates, including the party name and device,
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are separated by heavy parallel lines;
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(i) the offices to be filled are plainly printed immediately above the names of the
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candidates for those offices;
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(j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
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1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of
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an inch apart;
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(k) a square with sides measuring not less than 1/4 of an inch in length is printed at the
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right of the name of each candidate;
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(l) for the offices of president and vice president and governor and lieutenant governor,
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one square with sides measuring not less than 1/4 of an inch in length is printed opposite a
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double bracket enclosing the right side of the names of the two candidates;
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(m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
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write-in column long enough to contain as many written names of candidates as there are
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persons to be elected with:
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(i) for each office on the ballot, the office to be filled plainly printed immediately above:
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(A) a blank, horizontal line to enable the entry of a valid write-in candidate and a square
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with sides measuring not less than 1/4 of an inch in length printed at the right of the blank
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horizontal line; or
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(B) for the offices of president and vice president and governor and lieutenant
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governor, two blank horizontal lines, one placed above the other, to enable the entry of two
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valid write-in candidates, and one square with sides measuring not less than 1/4 of an inch in
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length printed opposite a double bracket enclosing the right side of the two blank horizontal
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lines; and
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(ii) the words "Write-In Voting Column" printed at the head of the column without a
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1/2 inch circle;
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(n) when required, the ballot includes a nonpartisan ticket placed immediately to the
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right of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid
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rule running vertically the full length of the nonpartisan ballot copy; and
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(o) constitutional amendments or other questions submitted to the vote of the people,
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are printed on the ballot after the list of candidates.
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(2) Each election officer shall ensure that:
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(a) each person nominated by any political party or group of petitioners is placed on the
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ballot:
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(i) under the party name and emblem, if any; or
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(ii) under the title of the party or group as designated by them in their certificates of
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nomination or petition, or, if none is designated, then under some suitable title;
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(b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter
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9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
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(c) the names of the candidates for president and vice president are used on the ballot
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instead of the names of the presidential electors; and
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(d) the ballots contain no other names.
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(3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
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(a) the designation of the office to be filled in the election and the number of candidates
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to be elected are printed in type not smaller than eight-point;
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(b) the words designating the office are printed flush with the left-hand margin;
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(c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
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the column;
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(d) the nonpartisan candidates are grouped according to the office for which they are
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candidates;
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(e) the names in each group are placed in alphabetical order with the surnames last,
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except for candidates for the State Board of Education and local school boards;
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(f) the names of candidates for the State Board of Education are placed on the ballot as
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certified by the lieutenant governor under Section
20A-14-105
;
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(g) if candidates for membership on a local board of education were selected in a
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primary election, the name of the candidate who received the most votes in the primary election
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is listed first on the ballot;
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(h) if candidates for membership on a local board of education were not selected in the
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primary election, the names of the candidates are listed on the ballot in the order determined by
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a lottery conducted by the county clerk; and
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(i) each group is preceded by the designation of the office for which the candidates seek
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election, and the words, "Vote for one" or "Vote for two or more," according to the number to
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be elected.
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(4) Each election officer shall ensure that:
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(a) proposed amendments to the Utah Constitution are listed on the ballot under the
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heading "Constitutional Amendment Number __" with the number of the constitutional
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amendment as assigned under Section
20A-7-103
placed in the blank;
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(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;
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(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
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assigned by the county legislative body placed in the blank;
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(d) propositions submitted to the voters by a school district are listed on the ballot
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under the heading "School District Proposition Number __" with the number of the school
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district proposition as assigned by the county legislative body placed in the blank;
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(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;
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(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
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assigned under Section
20A-7-508
placed in the blank;
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(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
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assigned under [Sections
20A-7-209
and] Section
20A-7-308
placed in the blank;
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(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;
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(b) the titles of offices and the names of candidates are printed in vertical columns or in
364
a series of separate pages;
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(c) the ballot sheet or any pages used for the ballot label are of sufficient number to
366
include, after the list of candidates:
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(i) the names of candidates for judicial offices and any other nonpartisan offices; and
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(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;
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(e) the tickets are printed in the order determined by the county clerk;
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(f) the office titles are printed above or at the side of the names of candidates so as to
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indicate clearly the candidates for each office and the number to be elected;
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(g) the party designation of each candidate is printed to the right or below the
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candidate's name; and
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(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:
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(A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
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candidates is continued on the following column or page; and
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(B) approximately the same number of names shall be printed in each column or on
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