S.B. 12

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 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions of the Election Code.
12 Highlighted Provisions:
13 This bill:
14 . consolidates provisions for calculating time when dates of interest fall on a
15 Saturday, Sunday, or legal holiday;
16 . consolidates the date for the lieutenant governor's certification of candidates, ballot
17 measures, and other matters to a single date;
18 . modifies the date for circulation of the voter information pamphlet to accommodate
19 the early voting period;
20 . removes outdated ballot formatting requirements;
21 . provides alternative deadlines for submissions to the voter information pamphlet to
22 accommodate voter information pamphlets issued for elections other than the
23 regular general election;
24 . modifies language to clarify differences between a statewide voter information
25 pamphlet and a local voter information pamphlet;
26 . modifies inaccurate references to reporting years for campaign finance reports;
27 . clarifies certain definitions; 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-1-401, as last amended by Laws of Utah 1993, Chapter 228
36 20A-2-102.5, as last amended by Laws of Utah 2007, Chapter 285
37 20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
38 20A-3-404, as last amended by Laws of Utah 2006, Chapter 264
39 20A-4-101, as last amended by Laws of Utah 2007, Chapter 75
40 20A-4-306, as last amended by Laws of Utah 2007, Chapter 75
41 20A-5-409, as last amended by Laws of Utah 2003, Chapter 77
42 20A-6-301, as last amended by Laws of Utah 2006, Chapter 326
43 20A-6-303, as last amended by Laws of Utah 2007, Chapter 198
44 20A-6-304, as last amended by Laws of Utah 2007, Chapter 198
45 20A-7-103, as last amended by Laws of Utah 2007, Chapter 238
46 20A-7-209, as last amended by Laws of Utah 2005, Chapter 236
47 20A-7-503, as last amended by Laws of Utah 2007, Chapter 78
48 20A-7-701, as last amended by Laws of Utah 1997, Chapter 215
49 20A-7-702, as last amended by Laws of Utah 2005, Chapter 236
50 20A-7-703, as enacted by Laws of Utah 1995, Chapter 1 and last amended by Laws of
51 Utah 1995, Chapter 153
52 20A-7-705, as last amended by Laws of Utah 1999, Chapter 116
53 20A-7-706, as last amended by Laws of Utah 2001, Chapter 65
54 20A-9-201, as last amended by Laws of Utah 2007, Chapters 83, and 97
55 20A-9-202, as last amended by Laws of Utah 2005, Chapter 71
56 20A-9-203, as last amended by Laws of Utah 2007, Chapters 83, 97, and 256
57 20A-9-403, as last amended by Laws of Utah 2006, Chapter 16
58 20A-9-601, as last amended by Laws of Utah 2006, Chapter 264

59 20A-9-701, as last amended by Laws of Utah 2007, Chapters 97, and 238
60 20A-9-802, as last amended by Laws of Utah 2006, Chapter 355
61 20A-9-803, as last amended by Laws of Utah 2007, Chapter 97
62 20A-11-302, as last amended by Laws of Utah 1997, Chapter 355
63 20A-11-506, as last amended by Laws of Utah 1997, Chapter 355
64 20A-11-601, as last amended by Laws of Utah 2006, Chapter 226
65 20A-11-801, as last amended by Laws of Utah 2006, Chapter 226
66 20A-11-1202, as last amended by Laws of Utah 2007, Chapter 329
67 20A-11-1203, as enacted by Laws of Utah 1995, Chapter 158
68 20A-11-1302, as enacted by Laws of Utah 1997, Chapter 355
69 20A-12-201, as last amended by Laws of Utah 2001, Chapter 308
70
71 Be it enacted by the Legislature of the state of Utah:
72 Section 1. Section 20A-1-401 is amended to read:
73 20A-1-401. Interpretation of election laws -- Computation of time.
74 (1) Courts and election officers shall construe the provisions of Title 20A, Election
75 Code, liberally to carry out the intent of this title.
76 (2) Except as provided under Subsection (3), Saturdays, Sundays, and holidays shall be
77 included in all computations of [time] days made under the provisions of Title 20A, Election
78 Code.
79 (3) Unless otherwise specifically provided for under this Title 20A:
80 (a) when computing any number of days before or after a specified date or event under
81 this Title 20A, the specified date or day of the event shall not be included in the count; and
82 (b) (i) if the commencement date of a time period preceding a specified date or event
83 falls on a Saturday, Sunday, or legal holiday, the following business day shall be used;
84 (ii) if the last day of a time period following a specified date or event falls on a
85 Saturday, Sunday, or legal holiday, the time period shall be extended to the following business
86 day; and
87 (iii) if a deadline that falls before or after a specified date or event falls on a Saturday,
88 Sunday, or legal holiday, the deadline shall be considered to fall on the following business day.
89 Section 2. Section 20A-2-102.5 is amended to read:

90 20A-2-102.5. Voter registration deadline.
91 (1) Except as provided in Section 20A-2-201 and in Title 20A, Chapter 3, Part 4,
92 Voting by Members of the Military and by Other Persons Living or Serving Abroad, a person
93 who fails to submit a correctly completed voter registration form on or before the voter
94 registration deadline shall not be permitted to vote in the election.
95 (2) The voter registration deadline shall be the date that is 30 calendar days before the
96 date of the election.
97 [(3) If the voter registration deadline established in Subsection (2) falls on a weekend
98 or holiday, it shall be extended to the next regular business day.]
99 Section 3. Section 20A-2-201 is amended to read:
100 20A-2-201. Registering to vote at office of county clerk.
101 (1) Except as provided in Subsection (3), the county clerk shall register to vote all
102 persons who present themselves for registration at the county clerk's office during designated
103 office hours if those persons, on voting day, will be legally qualified and entitled to vote in a
104 voting precinct in the county.
105 (2) If a registration form is submitted in person at the office of the county clerk during
106 the period beginning on the date after the voter registration deadline and ending on the date that
107 is 15 calendar days before the date of the election, the county clerk shall:
108 (a) accept registration forms from all persons who present themselves for registration at
109 the clerk's office during designated office hours if those persons, on voting day, will be legally
110 qualified and entitled to vote in a voting precinct in the county; and
111 (b) inform them that:
112 (i) they will be registered to vote in the pending election; and
113 (ii) for the pending election, they must vote on the day of the election and will not be
114 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
115 registered too late.
116 (3) [Except as provided in Subsection (3), if] If a registration form is submitted to the
117 county clerk on the date of the election or during the 14 calendar days before an election, the
118 county clerk shall:
119 (a) accept registration forms from all persons who present themselves for registration at
120 the clerk's office during designated office hours if those persons, on voting day, will be legally

121 qualified and entitled to vote in a voting precinct in the county; and
122 (b) inform them that they will be registered to vote but may not vote in the pending
123 election because they registered too late.
124 Section 4. Section 20A-3-404 is amended to read:
125 20A-3-404. Special military write-in absentee ballots.
126 (1) [(a)] Notwithstanding any other provisions of this chapter, a military voter may
127 apply for a special write-in absentee ballot not later than the date 20 days before the date of an
128 election.
129 [(b) If the application deadline falls on a weekend or holiday, it shall be extended to the
130 next regular business day.]
131 (2) To qualify for a special write-in absentee ballot, a military voter shall:
132 (a) apply for a special write-in absentee ballot by submitting a federal postcard
133 application form; and
134 (b) state on the form or on a separate paper submitted with the form that he is unable to
135 vote by regular absentee ballot or in person because of his military service.
136 (3) Upon receipt of the application, the county clerk shall issue and mail a special
137 military write-in ballot.
138 Section 5. Section 20A-4-101 is amended to read:
139 20A-4-101. Counting paper ballots during election day.
140 (1) Each county legislative body or municipal legislative body that has voting precincts
141 that use paper ballots and each poll worker in those voting precincts shall comply with the
142 requirements of this section.
143 (2) (a) Each county legislative body or municipal legislative body shall provide:
144 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
145 judges have been appointed; and
146 (ii) a counting room for the use of the poll workers counting the ballots during the day.
147 (b) At any election in any voting precinct in which both receiving and counting judges
148 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
149 (i) close the first ballot box and deliver it to the counting judges; and
150 (ii) prepare and use another ballot box to receive voted ballots.
151 (c) Upon receipt of the ballot box, the counting judges shall:

152 (i) take the ballot box to the counting room;
153 (ii) count the votes on the regular ballots in the ballot box;
154 (iii) place the provisional ballot envelopes in the envelope or container provided for
155 them for return to the election officer; and
156 (iv) when they have finished counting the votes in the ballot box, return the emptied
157 box to the receiving judges.
158 (d) (i) During the course of election day, whenever there are at least 20 ballots
159 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
160 judges for counting; and
161 (ii) the counting judges shall immediately count the regular ballots and segregate the
162 provisional ballots contained in that box.
163 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
164 until the polls close.
165 (3) Counting poll watchers appointed as provided in Section 20A-3-201 may observe
166 the count.
167 (4) The counting judges shall apply the standards and requirements of Section
168 [ 20A-4-104 ] 20A-4-105 to resolve any questions that arise as they count the ballots.
169 Section 6. Section 20A-4-306 is amended to read:
170 20A-4-306. Statewide canvass.
171 (1) (a) The state board of canvassers shall convene:
172 (i) on the fourth Monday of November, at noon; or
173 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
174 returns of a statewide special election.
175 (b) The state auditor, the state treasurer, and the attorney general are the state board of
176 canvassers.
177 (c) Attendance of all members of the state board of canvassers shall be required to
178 constitute a quorum for conducting the canvass.
179 (2) (a) The state board of canvassers shall:
180 (i) meet in the lieutenant governor's office; and
181 (ii) compute and determine the vote for officers and for and against any ballot
182 propositions voted upon by the voters of the entire state or of two or more counties.

183 (b) The lieutenant governor, as secretary of the board shall file a report in his office
184 that details:
185 (i) for each statewide officer and ballot proposition:
186 (A) the name of the statewide office or ballot proposition that appeared on the ballot;
187 (B) the candidates for each statewide office whose names appeared on the ballot, plus
188 any recorded write-in candidates;
189 (C) the number of votes from each county cast for each candidate and for and against
190 each ballot proposition;
191 (D) the total number of votes cast statewide for each candidate and for and against each
192 ballot proposition; and
193 (E) the total number of votes cast statewide; and
194 (ii) for each officer or ballot proposition voted on in two or more counties:
195 (A) the name of each of those offices and ballot propositions that appeared on the
196 ballot;
197 (B) the candidates for those offices, plus any recorded write-in candidates;
198 (C) the number of votes from each county cast for each candidate and for and against
199 each ballot proposition; and
200 (D) the total number of votes cast for each candidate and for and against each ballot
201 proposition.
202 (c) The lieutenant governor shall:
203 (i) prepare certificates of election for:
204 (A) each successful candidate; and
205 (B) each of the presidential electors of the candidate for president who received a
206 majority of the votes;
207 (ii) authenticate each certificate with his seal; and
208 (iii) deliver a certificate of election to:
209 (A) each candidate who had the highest number of votes for each office; and
210 (B) each of the presidential electors of the candidate for president who received a
211 majority of the votes.
212 (3) If the lieutenant governor has not received election returns from all counties on the
213 fifth day before the day designated for the meeting of the state board of canvassers, the

214 lieutenant governor shall:
215 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
216 county;
217 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
218 required by Section 20A-4-304 from the clerk; and
219 (c) pay the messenger the per diem provided by law as compensation.
220 (4) The state board of canvassers may not withhold the declaration of the result or any
221 certificate of election because of any defect or informality in the returns of any election if the
222 board can determine from the returns, with reasonable certainty, what office is intended and
223 who is elected to it.
224 (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
225 governor shall:
226 (i) canvass the returns for all multicounty candidates required to file with the office of
227 the lieutenant governor; and
228 (ii) publish and file the results of the canvass in the lieutenant governor's office.
229 (b) The lieutenant governor shall certify the results of the primary canvass to the
230 county clerks not later than the August 1 after the primary election.
231 (6) (a) At noon on the Tuesday that falls two weeks after the Western States
232 Presidential Primary election, the lieutenant governor shall:
233 (i) canvass the returns; and
234 (ii) publish and file the results of the canvass in the lieutenant governor's office.
235 (b) The lieutenant governor shall certify the results of the Western States Presidential
236 Primary canvass to each registered political party that participated in the primary not later than
237 the April 15 after the primary election[, or the following business day if April 15 falls on a
238 Saturday, Sunday, or a holiday].
239 Section 7. Section 20A-5-409 is amended to read:
240 20A-5-409. Certification of candidates to county clerks.
241 [By] No later than September [3] 8 of each regular general election year, the lieutenant
242 governor shall certify to each county clerk the name of each candidate qualified to be printed
243 on the regular general election ballot for that county clerk's county.
244 Section 8. Section 20A-6-301 is amended to read:

245 20A-6-301. Paper ballots -- Regular general election.
246 (1) Each election officer shall ensure that:
247 (a) all paper ballots furnished for use at the regular general election contain no captions
248 or other endorsements except as provided in this section;
249 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
250 top of the ballot, and divided from the rest of ballot by a perforated line;
251 (ii) the ballot number and the words " Poll Worker's Initial ____" are printed on the
252 stub; and
253 (iii) ballot stubs are numbered consecutively;
254 (c) immediately below the perforated ballot stub, the following endorsements are
255 printed in 18-point bold type:
256 (i) "Official Ballot for ____ County, Utah";
257 (ii) the date of the election; and
258 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
259 (d) each ticket is placed in a separate column on the ballot in the order determined by
260 the election officer with the party emblem, followed by the party name, at the head of the
261 column;
262 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
263 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title,
264 and the top of the circle is placed not less than two inches below the perforated line;
265 (g) unaffiliated candidates and candidates not affiliated with a registered political party
266 are listed in one column, without a party circle, with the following instructions printed at the
267 head of the column: "All candidates not affiliated with a political party are listed below. They
268 are to be considered with all offices and candidates listed to the left. Only one vote is allowed
269 for each office.";
270 (h) the columns containing the lists of candidates, including the party name and device,
271 are separated by heavy parallel lines;
272 (i) the offices to be filled are plainly printed immediately above the names of the
273 candidates for those offices;
274 (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
275 1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of

276 an inch apart;
277 (k) a square with sides measuring not less than 1/4 of an inch in length is printed at the
278 right of the name of each candidate;
279 (l) for the offices of president and vice president and governor and lieutenant governor,
280 one square with sides measuring not less than 1/4 of an inch in length is printed opposite a
281 double bracket enclosing the right side of the names of the two candidates;
282 (m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
283 write-in column long enough to contain as many written names of candidates as there are
284 persons to be elected with:
285 (i) for each office on the ballot, the office to be filled plainly printed immediately
286 above:
287 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
288 square with sides measuring not less than 1/4 of an inch in length printed at the right of the
289 blank horizontal line; or
290 (B) for the offices of president and vice president and governor and lieutenant
291 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
292 valid write-in candidates, and one square with sides measuring not less than 1/4 of an inch in
293 length printed opposite a double bracket enclosing the right side of the two blank horizontal
294 lines; and
295 (ii) the words "Write-In Voting Column" printed at the head of the column without a
296 1/2 inch circle;
297 (n) when required, the ballot includes a nonpartisan ticket placed immediately to the
298 right of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point
299 solid rule running vertically the full length of the nonpartisan ballot copy; and
300 (o) constitutional amendments or other questions submitted to the vote of the people,
301 are printed on the ballot after the list of candidates.
302 (2) Each election officer shall ensure that:
303 (a) each person nominated by any political party or group of petitioners is placed on the
304 ballot:
305 (i) under the party name and emblem, if any; or
306 (ii) under the title of the party or group as designated by them in their certificates of

307 nomination or petition, or, if none is designated, then under some suitable title;
308 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
309 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
310 (c) the names of the candidates for president and vice president are used on the ballot
311 instead of the names of the presidential electors; and
312 (d) the ballots contain no other names.
313 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
314 that:
315 (a) the designation of the office to be filled in the election and the number of
316 candidates to be elected are printed in type not smaller than eight-point;
317 (b) the words designating the office are printed flush with the left-hand margin;
318 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
319 the column;
320 (d) the nonpartisan candidates are grouped according to the office for which they are
321 candidates;
322 (e) the names in each group are placed in alphabetical order with the surnames last,
323 except for candidates for the State Board of Education and local school boards;
324 (f) the names of candidates for the State Board of Education are placed on the ballot as
325 certified by the lieutenant governor under Section 20A-14-105 ;
326 (g) if candidates for membership on a local board of education were selected in a
327 primary election, the name of the candidate who received the most votes in the primary election
328 is listed first on the ballot;
329 (h) if candidates for membership on a local board of education were not selected in the
330 primary election, the names of the candidates are listed on the ballot in the order determined by
331 a lottery conducted by the county clerk; and
332 (i) each group is preceded by the designation of the office for which the candidates
333 seek election, and the words, "Vote for one" or "Vote for two or more," according to the
334 number to be elected.
335 (4) Each election officer shall ensure that:
336 (a) proposed amendments to the Utah Constitution are listed on the ballot under the
337 heading "Constitutional Amendment Number __" with the number of the constitutional

338 amendment as assigned under Section 20A-7-103 placed in the blank;
339 (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot
340 under the heading "State Proposition Number __" with the number of the state proposition as
341 assigned under Section 20A-7-103 placed in the blank;
342 (c) propositions submitted to the voters by a county are listed on the ballot under the
343 heading "County Proposition Number __" with the number of the county proposition as
344 assigned by the county legislative body placed in the blank;
345 (d) propositions submitted to the voters by a school district are listed on the ballot
346 under the heading "School District Proposition Number __" with the number of the school
347 district proposition as assigned by the county legislative body placed in the blank;
348 (e) state initiatives that have qualified for the ballot are listed on the ballot under the
349 heading "Citizen's State Initiative Number __" with the number of the state initiative as
350 assigned by Section 20A-7-209 placed in the blank;
351 (f) county initiatives that have qualified for the ballot are listed on the ballot under the
352 heading "Citizen's County Initiative Number __" with the number of the county initiative as
353 assigned under Section 20A-7-508 placed in the blank;
354 (g) state referenda that have qualified for the ballot are listed on the ballot under the
355 heading "Citizen's State Referendum Number __" with the number of the state referendum as
356 assigned under [Sections 20A-7-209 and] Section 20A-7-308 placed in the blank;
357 (h) county referenda that have qualified for the ballot are listed on the ballot under the
358 heading "Citizen's County Referendum Number __" with the number of the county referendum
359 as assigned under Section 20A-7-608 placed in the blank; and
360 (i) bond propositions that have qualified for the ballot are listed on the ballot under the
361 title assigned to each bond proposition under Section 11-14-206 .
362 Section 9. Section 20A-6-303 is amended to read:
363 20A-6-303. Regular general election -- Ballot sheets.
364 (1) Each election officer shall ensure that:
365 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
366 approximately the same order as paper ballots;
367 (b) the titles of offices and the names of candidates are printed in vertical columns or in
368 a series of separate pages;

369 (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
370 include, after the list of candidates:
371 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
372 (ii) any ballot propositions submitted to the voters for their approval or rejection;
373 (d) (i) a voting square or position is included where the voter may record a straight
374 party ticket vote for all the candidates of one party by one mark or punch; and
375 (ii) the name of each political party listed in the straight party selection area includes
376 the word "party" at the end of the party's name;
377 (e) the tickets are printed in the order determined by the county clerk;
378 (f) the office titles are printed above or at the side of the names of candidates so as to
379 indicate clearly the candidates for each office and the number to be elected;
380 (g) the party designation of each candidate is printed to the right or below the
381 candidate's name; and
382 (h) (i) if possible, all candidates for one office are grouped in one column or upon one
383 page;
384 (ii) if all candidates for one office cannot be listed in one column or grouped on one
385 page:
386