S.B. 27

1

ELECTION LAW CHANGES
2 2009 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 makes changes to Title 20A, Election Code.
12 Highlighted Provisions:
13 This bill:
14 . clarifies the requirements to be legally entitled to vote when voting in a precinct
15 outside of one's own;
16 . changes the date for the Western States Presidential Primary election canvass;
17 . changes numerous provisions that require specific placement of various ballot items
18 to more general placement requirements;
19 . clarifies that a proposed constitutional amendment is a "measure" for the purposes
20 of Title 20A, Chapter 7, Issues Submitted to the Voters;
21 . changes the unaffiliated candidate pledge to include a pledge concerning campaign
22 financial disclosures;
23 . changes filing deadlines for certain city, town, or local district offices;
24 . allows an unaffiliated candidate for President or Vice President of the United States
25 to use a designated agent to file a certificate of nomination;
26 . clarifies that a write-in candidate must file a declaration of candidacy in person or
27 through a designated agent; 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-4-107, as last amended by Laws of Utah 2007, Chapters 75 and 285
36 20A-4-306, as last amended by Laws of Utah 2008, Chapter 225
37 20A-6-101, as enacted by Laws of Utah 1994, Chapter 2
38 20A-6-301, as last amended by Laws of Utah 2008, Chapters 225 and 315
39 20A-6-303, as last amended by Laws of Utah 2008, Chapters 225 and 315
40 20A-6-401, as enacted by Laws of Utah 1994, Chapter 2
41 20A-6-401.1, as last amended by Laws of Utah 2006, Chapter 326
42 20A-6-402, as last amended by Laws of Utah 2008, Chapter 315
43 20A-7-101, as last amended by Laws of Utah 2005, Chapter 236
44 20A-7-210, as enacted by Laws of Utah 1994, Chapter 1
45 20A-7-309, as enacted by Laws of Utah 1994, Chapter 1
46 20A-7-509, as enacted by Laws of Utah 1994, Chapter 272
47 20A-7-609, as last amended by Laws of Utah 2008, Chapter 237
48 20A-9-206, as last amended by Laws of Utah 2008, Chapter 382
49 20A-9-502, as last amended by Laws of Utah 2003, Chapter 107
50 20A-9-503, as last amended by Laws of Utah 2007, Chapter 329
51 20A-9-601, as last amended by Laws of Utah 2008, Chapter 225
52 20A-11-206, as last amended by Laws of Utah 2008, Chapter 14
53 20A-11-305, as last amended by Laws of Utah 2008, Chapter 14
54 20A-15-104, as enacted by Laws of Utah 1995, Chapter 1
55
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 20A-4-107 is amended to read:
58 20A-4-107. Review and disposition of provisional ballot envelopes.

59 (1) As used in this section, a voter is "legally entitled to vote" if:
60 (a) the voter:
61 (i) is registered to vote in the state;
62 (ii) resides within the voting precinct where the voter seeks to vote; and
63 (iii) provided valid voter identification to the poll worker as indicated by a notation in
64 the official register;
65 (b) the voter:
66 (i) is registered to vote in the state; [and]
67 (ii) (A) provided valid voter identification to the poll worker as indicated by a notation
68 in the official register; or
69 (B) either failed to provide valid voter identification or the documents provided as
70 valid voter identification were inadequate and the poll worker recorded that fact in the official
71 register but the county clerk verifies the voter's identity and residence through some other
72 means; and
73 [(ii)] (iii) did not vote in the voter's precinct of residence, but the ballot that the voter
74 voted is identical to the ballot voted in the voter's precinct of residence; or
75 (c) the voter:
76 (i) is registered to vote in the state;
77 (ii) [the poll worker recorded in the official register that the voter] either failed to
78 provide valid voter identification or the documents provided as valid voter identification were
79 inadequate and the poll worker recorded that fact in the official register; and
80 (iii) the county clerk verifies the voter's identity and residence through some other
81 means.
82 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
83 the affirmation on the face of each provisional ballot envelope and determine if the person
84 signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter
85 voted.
86 (b) If the election officer determines that the person is not a registered voter or is not
87 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
88 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
89 produce or count it.

90 (c) If the election officer determines that the person is a registered voter and is legally
91 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
92 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
93 those ballots at the canvass.
94 (d) The election officer may not count, or allow to be counted a provisional ballot
95 unless the voter's identity and residence is established by a preponderance of the evidence.
96 (3) If the election officer determines that the person is a registered voter, the election
97 officer shall ensure that the voter registration records are updated to reflect the information
98 provided on the provisional ballot envelope.
99 (4) If the election officer determines that the person is not a registered voter and the
100 information on the provisional ballot envelope is complete, the election officer shall:
101 (a) consider the provisional ballot envelope a voter registration form; and
102 (b) register the voter.
103 Section 2. Section 20A-4-306 is amended to read:
104 20A-4-306. Statewide canvass.
105 (1) (a) The state board of canvassers shall convene:
106 (i) on the fourth Monday of November, at noon; or
107 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
108 returns of a statewide special election.
109 (b) The state auditor, the state treasurer, and the attorney general are the state board of
110 canvassers.
111 (c) Attendance of all members of the state board of canvassers shall be required to
112 constitute a quorum for conducting the canvass.
113 (2) (a) The state board of canvassers shall:
114 (i) meet in the lieutenant governor's office; and
115 (ii) compute and determine the vote for officers and for and against any ballot
116 propositions voted upon by the voters of the entire state or of two or more counties.
117 (b) The lieutenant governor, as secretary of the board shall file a report in his office
118 that details:
119 (i) for each statewide officer and ballot proposition:
120 (A) the name of the statewide office or ballot proposition that appeared on the ballot;

121 (B) the candidates for each statewide office whose names appeared on the ballot, plus
122 any recorded write-in candidates;
123 (C) the number of votes from each county cast for each candidate and for and against
124 each ballot proposition;
125 (D) the total number of votes cast statewide for each candidate and for and against each
126 ballot proposition; and
127 (E) the total number of votes cast statewide; and
128 (ii) for each officer or ballot proposition voted on in two or more counties:
129 (A) the name of each of those offices and ballot propositions that appeared on the
130 ballot;
131 (B) the candidates for those offices, plus any recorded write-in candidates;
132 (C) the number of votes from each county cast for each candidate and for and against
133 each ballot proposition; and
134 (D) the total number of votes cast for each candidate and for and against each ballot
135 proposition.
136 (c) The lieutenant governor shall:
137 (i) prepare certificates of election for:
138 (A) each successful candidate; and
139 (B) each of the presidential electors of the candidate for president who received a
140 majority of the votes;
141 (ii) authenticate each certificate with his seal; and
142 (iii) deliver a certificate of election to:
143 (A) each candidate who had the highest number of votes for each office; and
144 (B) each of the presidential electors of the candidate for president who received a
145 majority of the votes.
146 (3) If the lieutenant governor has not received election returns from all counties on the
147 fifth day before the day designated for the meeting of the state board of canvassers, the
148 lieutenant governor shall:
149 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
150 county;
151 (b) instruct the messenger to demand a certified copy of the board of canvasser's report

152 required by Section 20A-4-304 from the clerk; and
153 (c) pay the messenger the per diem provided by law as compensation.
154 (4) The state board of canvassers may not withhold the declaration of the result or any
155 certificate of election because of any defect or informality in the returns of any election if the
156 board can determine from the returns, with reasonable certainty, what office is intended and
157 who is elected to it.
158 (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
159 governor shall:
160 (i) canvass the returns for all multicounty candidates required to file with the office of
161 the lieutenant governor; and
162 (ii) publish and file the results of the canvass in the lieutenant governor's office.
163 (b) The lieutenant governor shall certify the results of the primary canvass to the
164 county clerks not later than the August 1 after the primary election.
165 (6) (a) At noon on the [Tuesday] day that falls [two weeks after] seven days after the
166 last day on which a county canvass may occur under Section 20A-4-301 for the Western States
167 Presidential Primary election, the lieutenant governor shall:
168 (i) canvass the returns; and
169 (ii) publish and file the results of the canvass in the lieutenant governor's office.
170 (b) The lieutenant governor shall certify the results of the Western States Presidential
171 Primary canvass to each registered political party that participated in the primary not later than
172 the April 15 after the primary election.
173 Section 3. Section 20A-6-101 is amended to read:
174 20A-6-101. General requirements for paper ballots.
175 (1) Each election officer shall ensure that paper ballots:
176 (a) are printed on only one side of the paper;
177 (b) are printed using precisely the same quality and tint of plain white paper through
178 which the printing or writing cannot be seen;
179 (c) are printed using precisely the same quality and kind of type;
180 (d) are printed using precisely the same quality and tint of plain black ink;
181 (e) are uniform in size for all the voting precincts within the election officer's
182 jurisdiction;

183 (f) include, in elections where write-in voting is authorized, a write-in column
184 immediately [to the right of] adjacent to the last column on the ballot that is long enough to
185 contain as many written names of candidates as there are persons to be elected with:
186 (i) the offices to be filled printed above the blank spaces on the ticket; and
187 (ii) the words "Write-In Voting Column" printed at the head of the column without a
188 1/2 inch circle.
189 (2) Whenever the vote for candidates is to be limited to the voters of a particular
190 political division, the election officer shall ensure that the names of those candidates are
191 printed only upon those ballots provided to that political division.
192 Section 4. Section 20A-6-301 is amended to read:
193 20A-6-301. Paper ballots -- Regular general election.
194 (1) Each election officer shall ensure that:
195 (a) all paper ballots furnished for use at the regular general election contain no captions
196 or other endorsements except as provided in this section;
197 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
198 top of the ballot, and divided from the rest of ballot by a perforated line;
199 (ii) the ballot number and the words " Poll Worker's Initial ____" are printed on the
200 stub; and
201 (iii) ballot stubs are numbered consecutively;
202 (c) immediately below the perforated ballot stub, the following endorsements are
203 printed in 18-point bold type:
204 (i) "Official Ballot for ____ County, Utah";
205 (ii) the date of the election; and
206 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
207 (d) each ticket is placed in a separate column on the ballot in the order determined by
208 the election officer with the party emblem, followed by the party name, at the head of the
209 column;
210 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
211 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title,
212 and the top of the circle is placed not less than two inches below the perforated line;
213 (g) unaffiliated candidates and candidates not affiliated with a registered political party

214 are listed in one column, without a party circle, with the following instructions printed at the
215 head of the column: "All candidates not affiliated with a political party are listed below. They
216 are to be considered with all offices and candidates listed to the left. Only one vote is allowed
217 for each office.";
218 (h) the columns containing the lists of candidates, including the party name and device,
219 are separated by heavy parallel lines;
220 (i) the offices to be filled are plainly printed immediately above the names of the
221 candidates for those offices;
222 (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
223 1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of
224 an inch apart;
225 (k) a square with sides measuring not less than 1/4 of an inch in length is printed [at the
226 right of] immediately adjacent to the name of each candidate;
227 (l) for the offices of president and vice president and governor and lieutenant governor,
228 one square with sides measuring not less than 1/4 of an inch in length is printed on the same
229 side as but opposite a double bracket enclosing [the right side of] the names of the two
230 candidates;
231 (m) immediately [to the right of] adjacent to the unaffiliated ticket on the ballot, the
232 ballot contains a write-in column long enough to contain as many written names of candidates
233 as there are persons to be elected with:
234 (i) for each office on the ballot, the office to be filled plainly printed immediately
235 above:
236 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
237 square with sides measuring not less than 1/4 of an inch in length printed [at the right of]
238 immediately adjacent to the blank horizontal line; or
239 (B) for the offices of president and vice president and governor and lieutenant
240 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
241 valid write-in candidates, and one square with sides measuring not less than 1/4 of an inch in
242 length printed on the same side as but opposite a double bracket enclosing [the right side of]
243 the two blank horizontal lines; and
244 (ii) the words "Write-In Voting Column" printed at the head of the column without a

245 1/2 inch circle;
246 (n) when required, the ballot includes a nonpartisan ticket placed immediately [to the
247 right of] adjacent to the write-in ticket with the word "NONPARTISAN" in reverse type in an
248 18-point solid rule running vertically the full length of the nonpartisan ballot copy; and
249 (o) constitutional amendments or other questions submitted to the vote of the people,
250 are printed on the ballot after the list of candidates.
251 (2) Each election officer shall ensure that:
252 (a) each person nominated by any political party or group of petitioners is placed on the
253 ballot:
254 (i) under the party name and emblem, if any; or
255 (ii) under the title of the party or group as designated by them in their certificates of
256 nomination or petition, or, if none is designated, then under some suitable title;
257 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
258 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
259 (c) the names of the candidates for president and vice president are used on the ballot
260 instead of the names of the presidential electors; and
261 (d) the ballots contain no other names.
262 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
263 that:
264 (a) the designation of the office to be filled in the election and the number of
265 candidates to be elected are printed in type not smaller than eight-point;
266 (b) the words designating the office are printed flush with the left-hand margin;
267 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
268 the column;
269 (d) the nonpartisan candidates are grouped according to the office for which they are
270 candidates;
271 (e) the names in each group are placed in alphabetical order with the surnames last,
272 except for candidates for the State Board of Education and local school boards;
273 (f) the names of candidates for the State Board of Education are placed on the ballot as
274 certified by the lieutenant governor under Section 20A-14-105 ;
275 (g) if candidates for membership on a local board of education were selected in a

276 primary election, the name of the candidate who received the most votes in the primary election
277 is listed first on the ballot;
278 (h) if candidates for membership on a local board of education were not selected in the
279 primary election, the names of the candidates are listed on the ballot in the order determined by
280 a lottery conducted by the county clerk; and
281 (i) each group is preceded by the designation of the office for which the candidates
282 seek election, and the words, "Vote for one" or "Vote for two or more," according to the
283 number to be elected.
284 (4) Each election officer shall ensure that:
285 (a) proposed amendments to the Utah Constitution are listed on the ballot in
286 accordance with Section 20A-6-107 ;
287 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
288 with Section 20A-6-107 ; and
289 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
290 title assigned to each bond proposition under Section 11-14-206 .
291 Section 5. Section 20A-6-303 is amended to read:
292 20A-6-303. Regular general election -- Ballot sheets.
293 (1) Each election officer shall ensure that:
294 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
295 approximately the same order as paper ballots;
296 (b) the titles of offices and the names of candidates are printed in vertical columns or in
297 a series of separate pages;
298 (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
299 include, after the list of candidates:
300 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
301 (ii) any ballot propositions submitted to the voters for their approval or rejection;
302 (d) (i) a voting square or position is included where the voter may record a straight
303 party ticket vote for all the candidates of one party by one mark or punch; and
304 (ii) the name of each political party listed in the straight party selection area includes
305 the word "party" at the end of the party's name;
306 (e) the tickets are printed in the order determined by the county clerk;

307 (f) the office titles are printed [above or at the side of] immediately adjacent to the
308 names of candidates so as to indicate clearly the candidates for each office and the number to
309 be elected;
310 (g) the party designation of each candidate is printed [to the right or below]
311 immediately adjacent to the candidate's name; and
312 (h) (i) if possible, all candidates for one office are grouped in one column or upon one
313 page;
314 (ii) if all candidates for one office cannot be listed in one column or grouped on one
315 page:
316 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
317 candidates is continued on the following column or page; and
318 (B) approximately the same number of names shall be printed in each column or on
319 each page.
320 (2) Each election officer shall ensure that:
321 (a) proposed amendments to the Utah Constitution are listed in accordance with
322 Section 20A-6-107 ;
323 (b) ballot propositions submitted to the voters are listed in accordance with Section
324 20A-6-107 ; and
325 (c) bond propositions that have qualified for the ballot are listed under the title
326 assigned to each bond proposition under Section 11-14-206 .
327 Section 6. Section 20A-6-401 is amended to read:
328 20A-6-401. Ballots for municipal primary elections.
329 (1) Each election officer shall ensure that:
330 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
331 the top of the ballot;
332 (ii) the ballot number and the words ["Judge's] "Poll Worker's Initial ____" are printed
333 on the stub; and
334 (iii) ballot stubs are numbered consecutively;
335 (b) immediately below the perforated ballot stub, the following endorsements are
336 printed in 18-point bold type:
337 (i) "Official Primary Ballot for ____ (City or Town), Utah";

338 (ii) the date of the election; and
339 (iii) a facsimile of the signature of the election officer and the election officer's title in
340 eight-point type; [and]
341 (c) immediately below the election officer's title, two one-point parallel horizontal
342 rules separate endorsements from the rest of the ballot;
343 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
344 printed in ten-point bold type that states: "To vote for a candidate, place a cross (X) in the
345 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
346 office." followed by two one-point parallel rules;
347 (e) after the rules, the designation of the office for which the candidates seek
348 nomination is printed flush with the left-hand margin and the words: "Vote for one" or "Vote
349 for two or more" are printed to extend to the extreme right of the column in ten-point bold type,
350 followed by a hair-line rule;
351 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
352 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last
353 and grouped according to the office that they seek;
354 (g) a square with sides not less than 1/4 inch long is printed [to the right of]
355 immediately adjacent to the names of the candidates; and
356 (h) the candidate groups are separated from each other by one light and one heavy line
357 or rule.
358 (2) A municipal primary ballot may not contain any space for write-in votes.
359 Section 7. Section 20A-6-401.1 is amended to read:
360 20A-6-401.1. Ballots for partisan municipal primary elections.
361 (1) If a municipality is using paper ballots, each election officer shall ensure that:
362 (a) all paper ballots furnished for use at the regular primary election:
363 (i) are perforated to separate the candidates of one political party from those of the
364 other political parties so that the voter may separate the part of the ballot containing the names
365 of the political party of the voter's choice from the rest of the ballot;
366 (ii) have sides that are perforated so that the outside sections of the ballot, when
367 detached, are similar in appearance to the inside sections of the ballot when detached; and
368 (iii) contain no captions or other endorsements except as provided in this section;

369 (b) the names of all candidates from each party are listed on the same ballot in one or
370 more columns under their party name and emblem;
371 (c) the political parties are printed on the ballot in the order determined by the county
372 clerk;
373 (d) (i) the ballot contains a ballot stub that is at least one inch wide, placed across the
374 top of the ballot;
375 (ii) the ballot number and the words "Poll Worker's Initials ____" are printed on the
376 stub; and
377 (iii) ballot stubs are numbered consecutively;
378 (e) immediately below the perforated ballot stub, the following endorsements are
379 printed in 18-point bold type:
380 (i) "Official Primary Ballot for ____ County, Utah";
381 (ii) the date of the election; and
382 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
383 (f) after the facsimile signature, the political party emblem and the name of the
384 political party are printed;
385 (g) after the party name and emblem, the ballot contains the following printed in not
386 smaller than ten-point bold face, double leaded type: "Instructions to Voters: To vote for a
387 candidate, place a cross (X) in the square [at the right of] immediately adjacent to the name of
388 the person for whom you wish to vote and in no other place. Do not vote for any candidate
389 listed under more than one party or group designation.", followed by two one-point parallel
390 horizontal rules;
391 (h) after the rules, the designation of the office for which the candidates seek
392 nomination is printed flush with the left-hand margin and the words: "Vote for one" or "Vote
393 for two or more" are printed to extend to the extreme right of the column in ten-point bold type,
394 followed by a hair-line rule;
395 (i) after the hair-line rule, the names of the candidates are printed in heavy face type
396 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last
397 and grouped according to the office that they seek;
398 (j) a square with sides not less than 1/4 inch long is printed [to the right of]
399 immediately adjacent to the names of the candidates;

400 (k) the candidate groups are separated from each other by one light and one heavy line
401 or rule; and
402 (l) the nonpartisan candidates are listed as follows:
403 (i) immediately below the listing of the party candidates, the word "NONPARTISAN"
404 is printed in reverse type in an 18-point solid rule that extends the full width of the type copy of
405 the party listing above; and
406 (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
407 candidate's name, the voting square, and any other necessary information is printed in the same
408 style and manner as for party candidates.
409 (2) (a) If a municipality is using ballot sheets or electronic ballots, the election officer
410 may require that:
411 (i) the ballot, or ballot label in the case of a punch card ballot, for a regular primary
412 election consist of several groups of pages or display screens, so that a separate group can be
413 used to list the names of candidates seeking nomination of each qualified political party, with
414 additional groups used to list candidates for other nonpartisan offices;
415 (ii) the separate groups of pages or display screens are identified by color or other
416 suitable means; and
417 (iii) the ballot or ballot label contain instructions that direct the voter how to vote the
418 ballot.
419 (b) If a municipality is using ballot sheets or electronic ballots, each election officer
420 shall:
421 (i) for municipalities using punch card ballots, ensure that the ballot label provides a
422 means for the voter to designate the political party in whose primary the voter is voting; and
423 (ii) determine the order for printing the names of the political parties on the ballot
424 label.
425 Section 8. Section 20A-6-402 is amended to read:
426 20A-6-402. Ballots for municipal general elections.
427 (1) When using a paper ballot at municipal general elections, each election officer shall
428 ensure that:
429 (a) the names of the two candidates who received the highest number of votes for
430 mayor in the municipal primary are placed upon the ballot;

431 (b) if no municipal primary election was held, the names of the candidates who filed
432 declarations of candidacy for municipal offices are placed upon the ballot;
433 (c) for other offices:
434 (i) twice the number of candidates as there are positions to be filled are certified as
435 eligible for election in the municipal general election from those candidates who received the
436 greater number of votes in the primary election; and
437 (ii) the names of those candidates are placed upon the municipal general election
438 ballot;
439 (d) a write-in area is placed upon the ballot that contains, for each office:
440 (i) a blank, horizontal line to enable the entry of a valid write-in candidate; and
441 (ii) a square or other conforming area that is adjacent to or opposite the blank
442 horizontal line to enable the voter to indicate the voter's vote;
443 (e) ballot propositions that have qualified for the ballot, including propositions
444 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
445 listed on the ballot in accordance with Section 20A-6-107 ; and
446 (f) bond propositions that have qualified for the ballot are listed on the ballot under the
447 title assigned to each bond proposition under Section 11-14-206 .
448 (2) When using a punch card ballot at municipal general elections, each election officer
449 shall ensure that:
450 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
451 the top of the ballot;
452 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
453 stub; and
454 (iii) ballot stubs are numbered consecutively;
455 (b) immediately below the perforated ballot stub, the following endorsements are
456 printed in 18-point bold type:
457 (i) "Official Ballot for ____ (City or Town), Utah";
458 (ii) the date of the election; and
459 (iii) a facsimile of the signature of the election officer and the election officer's title in
460 eight-point type;
461 (c) immediately below the election officer's title, two one-point parallel horizontal

462 rules separate endorsements from the rest of the ballot;
463 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
464 printed in ten-point bold type that states: "To vote for a candidate, place a cross (X) in the
465 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
466 office." followed by two one-point parallel rules;
467 (e) after the rules, the designation of the office for which the candidates seek election is
468 printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or
469 more" are printed to extend to the extreme right of the column in ten-point bold type, followed
470 by a hair-line rule;
471 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
472 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last
473 and grouped according to the office that they seek;
474 (g) a square with sides not less than 1/4 inch long is printed [to the right of]
475 immediately adjacent to the names of the candidates;
476 (h) following the name of the last candidate for each office, the ballot contains:
477 (i) a write-in space for each elective office where the voter may enter the name of a
478 valid write-in candidate; and
479 (ii) a square printed [to the right of] immediately adjacent to the write-in space or line
480 where the voter may vote for the valid write-in candidate; and
481 (i) the candidate groups are separated from each other by one light and one heavy line
482 or rule.
483 (3) When using a ballot sheet other than a punch card ballot at municipal general
484 elections, each election officer shall ensure that:
485 (a) (i) the ballot contains a perforated ballot stub placed across the top of the ballot;
486 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
487 stub; and
488 (iii) ballot stubs are numbered consecutively;
489 (b) immediately below the perforated ballot stub, the following endorsements are
490 printed:
491 (i) "Official Ballot for ____ (City or Town), Utah";
492 (ii) the date of the election; and

493 (iii) a facsimile of the signature of the election officer and the election officer's title;
494 (c) immediately below the election officer's title, a distinct border or line separates
495 endorsements from the rest of the ballot;
496 (d) immediately below the border or line, an "Instructions to Voters" section is printed
497 that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
498 candidate(s) for each respective office." followed by another border or line;
499 (e) after the border or line, the designation of the office for which the candidates seek
500 election is printed and the words: "Vote for one" or "Vote for two or more" are printed,
501 followed by a line or border;
502 (f) after the line or border, the names of the candidates are printed alphabetically
503 according to surnames with surnames last and grouped according to the office that they seek;
504 (g) an oval is printed adjacent to the names of the candidates;
505 (h) following the name of the last candidate for each office, the ballot contains:
506 (i) a write-in space or blank line for each elective office where the voter may enter the
507 name of a valid write-in candidate; and
508 (ii) an oval is printed adjacent to the write-in space or line where the voter may vote for
509 the valid write-in candidate; and
510 (i) the candidate groups are separated from each other by a line or border.
511 (4) When using an electronic ballot at municipal general elections, each election officer
512 shall ensure that:
513 (a) the following endorsements are displayed on the first screen of the ballot:
514 (i) "Official Ballot for ____ (City or Town), Utah";
515 (ii) the date of the election; and
516 (iii) a facsimile of the signature of the election officer and the election officer's title;
517 (b) immediately below the election officer's title, a distinct border or line separates the
518 endorsements from the rest of the ballot;
519 (c) immediately below the border or line, an "Instructions to Voters" section is
520 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
521 the candidate(s) for each respective office." followed by another border or line;
522 (d) after the border or line, the designation of the office for which the candidates seek
523 election is displayed, and the words: "Vote for one" or "Vote for two or more" are displayed,

524 followed by a line or border;
525 (e) after the line or border, the names of the candidates are displayed alphabetically
526 according to surnames with surnames last and grouped according to the office that they seek;
527 (f) a voting square or position is located adjacent to the name of each candidate;
528 (g) following the name of the last candidate for each office, the ballot contains a
529 write-in space where the voter may enter the name of and vote for a valid write-in candidate for
530 the office; and
531 (h) the candidate groups are separated from each other by a line or border.
532 (5) When a municipality has chosen to nominate candidates by convention or
533 committee, the election officer shall ensure that the party name is included with the candidate's
534 name on the ballot.
535 Section 9. Section 20A-7-101 is amended to read:
536 20A-7-101. Definitions.
537 As used in this chapter:
538 (1) "Budget officer" means:
539 (a) for counties, the person designated as budget officer in Section 17-19-19 ;
540 (b) for cities, the person designated as budget officer in Subsection 10-6-106 (5); or
541 (c) for towns, the town council.
542 (2) "Certified" means that the county clerk has acknowledged a signature as being the
543 signature of a registered voter.
544 (3) "Circulation" means the process of submitting an initiative or referendum petition
545 to legal voters for their signature.
546 (4) "Final fiscal impact statement" means a financial statement prepared after voters
547 approve an initiative that contains the information required by Subsection 20A-7-202.5 (2) or
548 20A-7-502.5 (2).
549 (5) "Initial fiscal impact estimate" means a financial statement prepared according to
550 the terms of Section 20A-7-202.5 or 20A-7-502.5 after the filing of an application for an
551 initiative petition.
552 (6) "Initiative" means a new law proposed for adoption by the public as provided in
553 this chapter.
554 (7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed

555 law, and the signature sheets, all of which have been bound together as a unit.
556 (8) "Legal signatures" means the number of signatures of legal voters that:
557 (a) meet the numerical requirements of this chapter; and
558 (b) have been certified and verified as provided in this chapter.
559 (9) "Legal voter" means a person who:
560 (a) is registered to vote; or
561 (b) becomes registered to vote before the county clerk certifies the signatures on an
562 initiative or referendum petition.
563 (10) (a) "Local law" includes an ordinance, resolution, master plan, and any
564 comprehensive zoning regulations adopted by ordinance or resolution.
565 (b) "Local law" does not include individual property zoning decisions.
566 (11) "Local attorney" means the county attorney, city attorney, or town attorney in
567 whose jurisdiction a local initiative or referendum petition is circulated.
568 (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
569 jurisdiction a local initiative or referendum petition is circulated.
570 (13) "Local legislative body" means the legislative body of a county, city, or town.
571 (14) "Measure" means [an] a proposed constitutional amendment, an initiative, or
572 referendum.
573 (15) "Referendum" means a law passed by the Legislature or by a local legislative body
574 that is being submitted to the voters for their approval or rejection.
575 (16) "Referendum packet" means a copy of the referendum petition, a copy of the law
576 being submitted to the voters for their approval or rejection, and the signature sheets, all of
577 which have been bound together as a unit.
578 (17) "Signature sheets" means sheets in the form required by this chapter that are used
579 to collect signatures in support of an initiative or referendum.
580 (18) "Sponsors" means the legal voters who support the initiative or referendum and
581 who sign the application for petition copies.
582 (19) "Sufficient" means that the signatures submitted in support of an initiative or
583 referendum petition have been certified and verified as required by this chapter.
584 (20) "Verified" means acknowledged by the person circulating the petition as required
585 in Sections 20A-7-205 and 20A-7-305 .

586 Section 10. Section 20A-7-210 is amended to read:
587 20A-7-210. Form of ballot -- Manner of voting.
588 (1) The county clerks shall ensure that the number and ballot title verified to them by
589 the lieutenant governor are [printed] presented upon the official ballot with, immediately [to
590 the right of] adjacent to them, the words "For" and "Against," each word [followed by a]
591 presented with an adjacent square in which the elector may indicate his vote.
592 (2) Electors desiring to vote in favor of enacting the law proposed by the initiative
593 petition shall mark the square [following] adjacent to the word "For," and those desiring to vote
594 against enacting the law proposed by the initiative petition shall mark the square [following]
595 adjacent to the word "Against."
596 Section 11. Section 20A-7-309 is amended to read:
597 20A-7-309. Form of ballot -- Manner of voting.
598 (1) The county clerks shall ensure that the number and ballot title verified to them by
599 the lieutenant governor are [printed] presented upon the official ballot with, immediately [to
600 the right of] adjacent to them, the words "For" and "Against," each word [followed by a]
601 presented with an adjacent square in which the elector may indicate his vote.
602 (2) Voters desiring to vote in favor of enacting the law proposed by the referendum
603 petition shall mark the square [following] adjacent to the word "For," and those desiring to vote
604 against enacting the law proposed by the referendum petition shall mark the square [following]
605 adjacent to the word "Against."
606 Section 12. Section 20A-7-509 is amended to read:
607 20A-7-509. Form of ballot -- Manner of voting.
608 (1) The local clerk shall ensure that the number and ballot title are [printed] presented
609 upon the official ballot with, immediately [to the right of] adjacent to them, the words "For"
610 and "Against," each word [followed by a] presented with an adjacent square in which the
611 elector may indicate his vote.
612 (2) Electors desiring to vote in favor of enacting the law proposed by the initiative
613 petition shall mark the square [following] adjacent to the word "For," and those desiring to vote
614 against enacting the law proposed by the initiative petition shall mark the square [following]
615 adjacent to the word "Against."
616 Section 13. Section 20A-7-609 is amended to read:

617 20A-7-609. Form of ballot -- Manner of voting.
618 (1) The local clerk shall ensure that the number and ballot title are [printed] presented
619 upon the official ballot with, immediately [to the right of] adjacent to them, the words "For"
620 and "Against," each word [followed by a] presented with an adjacent square in which the
621 elector may indicate his vote.
622 (2) (a) Except as provided in Subsection (2)(c), and unless the county legislative body
623 calls a special election, the county clerk shall ensure that county referenda that have qualified
624 for the ballot appear on the next regular general election ballot.
625 (b) Unless the municipal legislative body calls a special election, the municipal
626 recorder or clerk shall ensure that municipal referenda that have qualified for the ballot appear
627 on the next regular municipal election ballot.
628 (c) For referenda held in relation to the adoption of an ordinance imposing a county
629 option sales and use tax under Section 59-12-1102 , the county clerk shall ensure that referenda
630 that have qualified for the ballot appear on the ballot at the earlier of:
631 (i) the next regular general election that is more than 155 days after the date of the
632 adoption of the ordinance; or
633 (ii) the next municipal general election that is more than 155 days after the date of the
634 adoption of the ordinance.
635 (3) Voters desiring to vote in favor of enacting the law proposed by the referendum
636 petition shall mark the square [following] adjacent to the word "For," and those desiring to vote
637 against enacting the law proposed by the referendum petition shall mark the square following
638 the word "Against."
639 Section 14. Section 20A-9-206 is amended to read:
640 20A-9-206. Fair campaign practices -- Voluntary pledge -- Pledge is a public
641 record -- Retention requirements.
642 (1) Each person seeking to become a candidate for any elective office that is to be
643 filled at the next election shall be provided with a copy of the pledge of fair campaign
644 practices.
645 (2) The pledge shall be in the following form:
646 "PLEDGE OF FAIR CAMPAIGN PRACTICES
647 There are basic principles of decency, honesty, and fair play which every candidate for

648 public office in the State of Utah has a moral obligation to observe and uphold, in order that,
649 after vigorously contested but fairly conducted campaigns, our citizens may exercise their right
650 to a free election, and that the will of the people may be fully and clearly expressed on the
651 issues.
652 THEREFORE:
653 I SHALL conduct my campaign openly and publicly, discussing the issues as I see
654 them, presenting my record and policies with sincerity and frankness, and criticizing, without
655 fear or favor, the record and policies of my opponents that I believe merit criticism.
656 I SHALL NOT use, nor shall I permit the use of, scurrilous attacks on any candidate or
657 the candidate's immediate family. I shall not participate in [or], nor shall I permit the use of,
658 defamation, libel, or slander against any candidate or the candidate's immediate family. I shall
659 not participate in, nor shall I permit the use of, any other criticism of any candidate or the
660 candidate's immediate family that I do not believe to be truthful, provable, and relevant to my
661 campaign.
662 I SHALL NOT use, nor shall I permit the use of, any practice that tends to corrupt or
663 undermine our American system of free elections, or that hinders or prevents the free
664 expression of the will of the voters, including practices intended to hinder or prevent any
665 eligible person from registering to vote or voting.
666 I SHALL NOT coerce election help or campaign contributions for myself or for any
667 other candidate from my employees or volunteers.
668 I SHALL immediately and publicly repudiate support deriving from any individual or
669 group which resorts, on behalf of my candidacy or in opposition to that of an opponent, to
670 methods in violation of the letter or spirit of this pledge. I shall accept responsibility to take
671 firm action against any subordinate who violates any provision of this pledge or the laws
672 governing elections.
673 I SHALL defend and uphold the right of every qualified American voter to full and
674 equal participation in the electoral process.
675 I, the undersigned, candidate for election to public office in the State of Utah, hereby
676 voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in
677 accordance with the above principles and practices."
678 Name: ________________________________

679 Signature: _____________________________ Date: _________
680 (3) The filing officer shall print, or cause to be printed, blank forms of the pledge to be
681 distributed to persons filing a declaration of candidacy.
682 (4) A pledge that is submitted for filing by a candidate is a public record under Title
683 63G, Chapter 2, Government Records Access and Management Act.
684 (5) The filing officer shall:
685 (a) accept all signed pledges that are submitted for filing; and
686 (b) retain each filed pledge for public inspection for 30 calendar days after the election.
687 (6) A candidate may not be required to subscribe to, endorse, or sign the pledge of fair
688 campaign practices.
689 Section 15. Section 20A-9-502 is amended to read:
690 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification.
691 (1) The candidate shall:
692 (a) prepare a certificate of nomination in substantially the following form:
693 "State of Utah, County of ______________________________________________
694 I, ______________, declare my intention of becoming an unaffiliated candidate for the
695 political group designated as ____ for the office of ____. I do solemnly swear that I can
696 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
697 Street, in the city of ____, county of ____, state of Utah, zip code ____, phone ____, and that I
698 am providing, or have provided, the required number of signatures of registered voters required
699 by law; that as a candidate at the next election I will not knowingly violate any election or
700 campaign law[, and that I will qualify for the office if I am elected to it.]; I will file all
701 campaign financial disclosure reports as required by law; and I understand that failure to do so
702 will result in my disqualification as a candidate for this office and removal of my name from
703 the ballot.
704

__________________________________________

705

Subscribed and sworn to before me this ______(month\day\year).

706

__________________________________________

707

Notary Public (or other officer

708

qualified to administer oaths)"; and

709 (b) attach signature sheets to the certificate that contain a place for the registered

710 voter's signature, a place for the registered voter to print his name, and a place for the registered
711 voter's address.
712 (2) (a) The candidate shall circulate the nomination petition and submit it to the county
713 clerk for certification when the petition has been completed by:
714 (i) at least 1,000 registered voters residing within the state when the nomination is for
715 an office to be filled by the voters of the entire state; or
716 (ii) at least 300 registered voters residing within a political division or at least 5% of
717 the registered voters residing within a political division, whichever is less, when the
718 nomination is for an office to be filled by the voters of any political division smaller than the
719 state.
720 (b) In reviewing the petition, the county clerk shall count and certify only those persons
721 who signed the petition who:
722 (i) are registered voters within the political division that the candidate seeks to
723 represent; and
724 (ii) did not sign any other certificate of nomination for that office.
725 (c) The candidate may supplement or amend the certificate of nomination at any time
726 on or before the filing deadline.
727 Section 16. Section 20A-9-503 is amended to read:
728 20A-9-503. Certificate of nomination -- Filing -- Fees.
729 (1) After the certificate of nomination has been certified, executed, and acknowledged
730 by the county clerk, the candidate shall:
731 (a) between March 7 and 5 p.m. on March 17 of the year in which the regular general
732 election will be held, file the petition in person with:
733 (i) the lieutenant governor, if the office the candidate seeks is a constitutional office or
734 a federal office; or
735 (ii) the county clerk, if the office the candidate seeks is a county office; and
736 (iii) pay the filing fee; or
737 (b) not later than [the sixth Tuesday before the primary election date] 5 p.m. on July 15
738 of any odd-numbered year, file the petition in person with:
739 (i) the municipal clerk, if the candidate seeks an office in a city or town;
740 (ii) the local district clerk, if the candidate seeks an office in a local district; and

741 (iii) pay the filing fee.
742 (2) (a) At the time of filing, and before accepting the petition, the filing officer shall
743 read the constitutional and statutory requirements for candidacy to the candidate.
744 (b) If the candidate states that he does not meet the requirements, the filing officer may
745 not accept the petition.
746 (3) (a) Persons filing a certificate of nomination for President of the United States
747 under this section shall pay a filing fee of $500.
748 (b) Notwithstanding Subsection (1), a person filing a certificate of nomination for
749 President or Vice President of the United States:
750 (i) may file the certificate of nomination between March 7 and 5 p.m. on August 15 of
751 the year in which the regular general election will be held; and
752 (ii) may use a designated agent to file the certificate of nomination.
753 Section 17. Section 20A-9-601 is amended to read:
754 20A-9-601. Qualifying as a write-in candidate.
755 (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration
756 of candidacy in person or through a designated agent for a candidate for President or Vice
757 President of the United States with the appropriate filing officer not later than 30 days before
758 the regular general election or municipal general election in which the person intends to be a
759 write-in candidate.
760 (b) (i) The filing officer shall:
761 (A) read to the candidate the constitutional and statutory requirements for the office;
762 and
763 (B) ask the candidate whether or not the candidate meets the requirements.
764 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
765 accept the write-in candidate's declaration of candidacy.
766 (2) A write-in candidate in towns need not prequalify with the filing officer.
767 (3) By November 1 of each regular general election year, the lieutenant governor shall
768 certify to each county clerk the names of all write-in candidates who filed their declaration of
769 candidacy with the lieutenant governor.
770 Section 18. Section 20A-11-206 is amended to read:
771 20A-11-206. State office candidate -- Failure to file reports -- Penalties.

772 (1) (a) If a state office candidate fails to file an interim report due before the regular
773 primary election, on August 31, or before the regular general election, the lieutenant governor
774 shall, after making a reasonable attempt to discover if the report was timely mailed, inform the
775 county clerk and other appropriate election officials who:
776 (i) shall, if practicable, remove the name of the candidate by blacking out the
777 candidate's name before the ballots are delivered to voters; or
778 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
779 the voters by any practicable method that the candidate has been disqualified and that votes
780 cast for the candidate will not be counted; and
781 (iii) may not count any votes for that candidate.
782 (b) Any state office candidate who fails to file timely a financial statement required by
783 [this part] Section 20A-11-204 is disqualified and the vacancy on the ballot may be filled as
784 provided in Section 20A-1-501 .
785 (c) Notwithstanding Subsections (1)(a) and (1)(b), a state office candidate is not
786 disqualified if:
787 (i) the candidate files the reports required by this section;
788 (ii) those reports are completed, detailing accurately and completely the information
789 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
790 and
791 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
792 the next scheduled report.
793 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
794 governor shall review each filed summary report to ensure that:
795 (i) each state office candidate that is required to file a summary report has filed one;
796 and
797 (ii) each summary report contains the information required by this part.
798 (b) If it appears that any state office candidate has failed to file the summary report
799 required by law, if it appears that a filed summary report does not conform to the law, or if the
800 lieutenant governor has received a written complaint alleging a violation of the law or the
801 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
802 violation or receipt of a written complaint, notify the state office candidate of the violation or

803 written complaint and direct the state office candidate to file a summary report correcting the
804 problem.
805 (c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
806 report within 14 days after receiving notice from the lieutenant governor under this section.
807 (ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
808 misdemeanor.
809 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
810 attorney general.
811 Section 19. Section 20A-11-305 is amended to read:
812 20A-11-305. Legislative office candidate -- Failure to file report -- Name not
813 printed on ballot -- Filling vacancy.
814 (1) (a) If a legislative office candidate fails to file an interim report due before the
815 regular primary election, on August 31, or before the regular general election, the lieutenant
816 governor shall, after making a reasonable attempt to discover if the report was timely mailed,
817 inform the county clerk and other appropriate election officials who:
818 (i) shall, if practicable, remove the name of the candidate by blacking out the
819 candidate's name before the ballots are delivered to voters; or
820 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
821 the voters by any practicable method that the candidate has been disqualified and that votes
822 cast for the candidate will not be counted; and
823 (iii) may not count any votes for that candidate.
824 (b) Any legislative office candidate who fails to file timely a financial statement
825 required by [this part] Section 20A-11-303 is disqualified and the vacancy on the ballot may be
826 filled as provided in Section 20A-1-501 .
827 (c) Notwithstanding Subsections (1)(a) and (1)(b), a legislative office candidate is not
828 disqualified if:
829 (i) the candidate files the reports required by this section;
830 (ii) those reports are completed, detailing accurately and completely the information
831 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
832 and
833 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in

834 the next scheduled report.
835 (2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
836 governor shall review each filed summary report to ensure that:
837 (i) each legislative office candidate that is required to file a summary report has filed
838 one; and
839 (ii) each summary report contains the information required by this part.
840 (b) If it appears that any legislative office candidate has failed to file the summary
841 report required by law, if it appears that a filed summary report does not conform to the law, or
842 if the lieutenant governor has received a written complaint alleging a violation of the law or the
843 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
844 violation or receipt of a written complaint, notify the legislative office candidate of the
845 violation or written complaint and direct the legislative office candidate to file a summary
846 report correcting the problem.
847 (c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
848 summary report within 14 days after receiving notice from the lieutenant governor under this
849 section.
850 (ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
851 class B misdemeanor.
852 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
853 attorney general.
854 Section 20. Section 20A-15-104 is amended to read:
855 20A-15-104. Ballot -- Form -- Manner of marking and voting.
856 (1) The requirements of this section govern the form of the ballot and the specific
857 procedures for electing delegates to the ratification convention.
858 (2) Each county clerk shall ensure that the ballot to select delegates to the ratification
859 convention:
860 (a) is separate from and printed on different color stock than any other ballot to be used
861 at the same election;
862 (b) contains the following information in this order:
863 (i) the text of the proposed amendment;
864 (ii) instructions to the voter;

865 (iii) three perpendicular columns of equal width;
866 (iv) at the head of the first perpendicular column, in plain type, the words "For
867 Ratification of Proposed Change in Constitution of the United States;"
868 (v) at the head of the second perpendicular column, in plain type, the words "Against
869 Ratification of Proposed Change in Constitution of the United States;"
870 (vi) no heading or names at the head of the third perpendicular column;
871 (vii) in the column headed "For Ratification of Proposed Change in Constitution of the
872 United States," the names of the nominees nominated as in favor of ratification;
873 (viii) in the column headed "Against Ratification of Proposed Change in Constitution
874 of the United States," the names of the nominees nominated as against ratification; and
875 (ix) in the column without heading, spaces permitting the voter to write in other names;
876 and
877 (c) is arranged so that the voter may, by making a single mark, vote for the entire group
878 of nominees whose names are contained in any column.
879 (3) Each county clerk shall ensure that the ballot to select delegates to the ratification
880 convention is in substantially the following form:
881 "OFFICIAL BALLOT for delegates to convention to ratify or reject proposed
882 amendment to the Constitution of the United States. The Congress has proposed an amendment
883 to the Constitution of the United States that provides: (insert here the text of the proposed
884 amendment).
885 The Congress has also directed that the proposed amendment be ratified by conventions in the
886 states.
887 INSTRUCTIONS TO VOTERS
888 Do not vote for more than 21.
889 To vote for all candidates in favor of ratification, or for all candidates against
890 ratification, make a cross-mark in the CIRCLE at the head of the list of candidates for whom
891 you wish to vote. If you do this, make no other mark.
892 To vote for an individual candidate, make a cross-mark in the SQUARE [at the right of]
893 immediately adjacent to the name.
894 To vote for a person other than candidates listed on the ballot, write in the person's
895 name in blank column.

896 For ratification of proposed change in Constitution of the United States.
897 (Name of Candidate) ____________________________________________
898 Against ratification of proposed change in Constitution of the United States.
899 (Name of Candidate) ____________________________________________"
900 (4) If the election of delegates to the ratification convention is held at the same time as
901 the regular general election, the county clerk shall:
902 (a) give the same ballot number to a regular general election ballot and a ballot to elect
903 delegates to a ratification convention;
904 (b) direct the election judges to:
905 (i) hand to each voter the general election ballot and the ratification convention ballot
906 with identical ballot numbers;
907 (ii) instruct the voter to mark each ballot and deposit each ballot in the ballot box; and
908 (iii) mark any ballot "void" that the voter declines to use and return it to the county
909 clerk.
910 (5) Each voter shall indicate his choice by making one or more cross-marks in the
911 appropriate spaces provided on the ballot.




Legislative Review Note
as of 11-20-08 12:02 PM

Office of Legislative Research and General Counsel