S.B. 18

1

ELECTION ADMINISTRATION BY ELECTION OFFICERS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Kraig Powell
6
7 LONG TITLE
8 Committee Note:
9 The Government Operations and Political Subdivisions Interim Committee
10 recommended this bill.
11 General Description:
12 This bill modifies the Election Code by amending provisions related to contracting with
13 an election officer to conduct an election on behalf of a local political subdivision.
14 Highlighted Provisions:
15 This bill:
16 . defines terms;
17 . authorizes a local political subdivision to have an election officer from another
18 jurisdiction conduct an election in accordance with a contract or interlocal
19 agreement;
20 . requires an election officer conducting an election for another local political
21 subdivision to establish fees that may not exceed the actual costs incurred;
22 . allows an election officer to employ an agent or professional service to assist in
23 conducting an election; and
24 . makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 20A-1-102, as last amended by Laws of Utah 2010, Chapters 129, 197, and 254
32 20A-5-400.5, as last amended by Laws of Utah 2010, Chapter 197
33 ENACTS:
34 20A-5-400.1, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 20A-1-102 is amended to read:
38 20A-1-102. Definitions.
39 As used in this title:
40 (1) "Active voter" means a registered voter who has not been classified as an inactive
41 voter by the county clerk.
42 (2) "Automatic tabulating equipment" means apparatus that automatically examines
43 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
44 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
45 upon which a voter records the voter's votes.
46 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
47 envelopes.
48 (4) "Ballot sheet":
49 (a) means a ballot that:
50 (i) consists of paper or a card where the voter's votes are marked or recorded; and
51 (ii) can be counted using automatic tabulating equipment; and
52 (b) includes punch card ballots and other ballots that are machine-countable.
53 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
54 (a) contain the names of offices and candidates and statements of ballot propositions to
55 be voted on; and
56 (b) are used in conjunction with ballot sheets that do not display that information.
57 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
58 on the ballot for their approval or rejection including:

59 (a) an opinion question specifically authorized by the Legislature;
60 (b) a constitutional amendment;
61 (c) an initiative;
62 (d) a referendum;
63 (e) a bond proposition;
64 (f) a judicial retention question; or
65 (g) any other ballot question specifically authorized by the Legislature.
66 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
67 20A-4-306 to canvass election returns.
68 (8) "Bond election" means an election held for the purpose of approving or rejecting
69 the proposed issuance of bonds by a government entity.
70 (9) "Book voter registration form" means voter registration forms contained in a bound
71 book that are used by election officers and registration agents to register persons to vote.
72 (10) "By-mail voter registration form" means a voter registration form designed to be
73 completed by the voter and mailed to the election officer.
74 (11) "Canvass" means the review of election returns and the official declaration of
75 election results by the board of canvassers.
76 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
77 the canvass.
78 (13) "Contracting election officer" means an election officer who enters into a contract
79 or interlocal agreement with a provider election officer.
80 [(13)] (14) "Convention" means the political party convention at which party officers
81 and delegates are selected.
82 [(14)] (15) "Counting center" means one or more locations selected by the election
83 officer in charge of the election for the automatic counting of ballots.
84 [(15)] (16) "Counting judge" means a poll worker designated to count the ballots
85 during election day.
86 [(16)] (17) "Counting poll watcher" means a person selected as provided in Section
87 20A-3-201 to witness the counting of ballots.
88 [(17)] (18) "Counting room" means a suitable and convenient private place or room,
89 immediately adjoining the place where the election is being held, for use by the poll workers

90 and counting judges to count ballots during election day.
91 [(18)] (19) "County officers" means those county officers that are required by law to be
92 elected.
93 [(19)] (20) "Date of the election" or "election day" or "day of the election":
94 (a) means the day that is specified in the calendar year as the day that the election
95 occurs; and
96 (b) does not include:
97 (i) deadlines established for absentee voting; or
98 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
99 Voting.
100 [(20)] (21) "Election" means a regular general election, a municipal general election, a
101 statewide special election, a local special election, a regular primary election, a municipal
102 primary election, and a local district election.
103 [(21)] (22) "Election Assistance Commission" means the commission established by
104 Public Law 107-252, the Help America Vote Act of 2002.
105 [(22)] (23) "Election cycle" means the period beginning on the first day persons are
106 eligible to file declarations of candidacy and ending when the canvass is completed.
107 [(23)] (24) "Election judge" means a poll worker that is assigned to:
108 (a) preside over other poll workers at a polling place;
109 (b) act as the presiding election judge; or
110 (c) serve as a canvassing judge, counting judge, or receiving judge.
111 [(24)] (25) "Election officer" means:
112 (a) the lieutenant governor, for all statewide ballots and elections;
113 (b) the county clerk [or clerks for all county ballots and for certain ballots and elections
114 as provided in Section 20A-5-400.5 ;] for:
115 (i) a county ballot and election; and
116 (ii) a ballot and election as a provider election officer as provided in Section
117 20A-5-400.1 or 20A-5-400.5 ;
118 (c) the municipal clerk for [all municipal ballots and for certain ballots and elections as
119 provided in Section 20A-5-400.5 ;]:
120 (i) a municipal ballot and election; and

121 (ii) a ballot and election as a provider election officer as provided in Section
122 20A-5-400.1 or 20A-5-400.5 ;
123 (d) the local district clerk or chief executive officer for [certain ballots and elections as
124 provided in Section 20A-5-400.5 ; and]:
125 (i) a local district ballot and election; and
126 (ii) a ballot and election as a provider election officer as provided in Section
127 20A-5-400.1 or 20A-5-400.5 ; or
128 (e) the business administrator or superintendent of a school district for [certain ballots
129 or elections as provided in Section 20A-5-400.5 .]:
130 (i) a school district ballot and election; and
131 (ii) a ballot and election as a provider election officer as provided in Section
132 20A-5-400.1 or 20A-5-400.5 .
133 [(25)] (26) "Election official" means any election officer, election judge, or poll
134 worker.
135 [(26)] (27) "Election results" means, for bond elections, the count of those votes cast
136 for and against the bond proposition plus any or all of the election returns that the board of
137 canvassers may request.
138 [(27)] (28) "Election returns" includes the pollbook, all affidavits of registration, the
139 military and overseas absentee voter registration and voting certificates, one of the tally sheets,
140 any unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
141 spoiled ballots, the ballot disposition form, and the total votes cast form.
142 [(28)] (29) "Electronic ballot" means a ballot that is recorded using a direct electronic
143 voting device or other voting device that records and stores ballot information by electronic
144 means.
145 [(29)] (30) (a) "Electronic voting device" means a voting device that uses electronic
146 ballots.
147 (b) "Electronic voting device" includes a direct recording electronic voting device.
148 [(30)] (31) "Inactive voter" means a registered voter who has:
149 (a) been sent the notice required by Section 20A-2-306 ; and
150 (b) failed to respond to that notice.
151 [(31)] (32) "Inspecting poll watcher" means a person selected as provided in this title to

152 witness the receipt and safe deposit of voted and counted ballots.
153 [(32)] (33) "Judicial office" means the office filled by any judicial officer.
154 [(33)] (34) "Judicial officer" means any justice or judge of a court of record or any
155 county court judge.
156 [(34)] (35) "Local district" means a local government entity under Title 17B, Limited
157 Purpose Local Government Entities - Local Districts, and includes a special service district
158 under Title 17D, Chapter 1, Special Service District Act.
159 [(35)] (36) "Local district officers" means those local district officers that are required
160 by law to be elected.
161 [(36)] (37) "Local election" means a regular municipal election, a local special
162 election, a local district election, and a bond election.
163 [(37)] (38) "Local political subdivision" means a county, a municipality, a local
164 district, or a local school district.
165 [(38)] (39) "Local special election" means a special election called by the governing
166 body of a local political subdivision in which all registered voters of the local political
167 subdivision may vote.
168 [(39)] (40) "Municipal executive" means:
169 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
170 or
171 (b) the mayor in the council-manager form of government defined in Subsection
172 10-3b-103 (6).
173 [(40)] (41) "Municipal general election" means the election held in municipalities and
174 local districts on the first Tuesday after the first Monday in November of each odd-numbered
175 year for the purposes established in Section 20A-1-202 .
176 [(41)] (42) "Municipal legislative body" means the council of the city or town in any
177 form of municipal government.
178 [(42)] (43) "Municipal officers" means those municipal officers that are required by
179 law to be elected.
180 [(43)] (44) "Municipal primary election" means an election held to nominate
181 candidates for municipal office.
182 [(44)] (45) "Official ballot" means the ballots distributed by the election officer to the

183 poll workers to be given to voters to record their votes.
184 [(45)] (46) "Official endorsement" means:
185 (a) the information on the ballot that identifies:
186 (i) the ballot as an official ballot;
187 (ii) the date of the election; and
188 (iii) the facsimile signature of the election officer; and
189 (b) the information on the ballot stub that identifies:
190 (i) the poll worker's initials; and
191 (ii) the ballot number.
192 [(46)] (47) "Official register" means the official record furnished to election officials
193 by the election officer that contains the information required by Section 20A-5-401 .
194 [(47)] (48) "Paper ballot" means a paper that contains:
195 (a) the names of offices and candidates and statements of ballot propositions to be
196 voted on; and
197 (b) spaces for the voter to record the voter's vote for each office and for or against each
198 ballot proposition.
199 [(48)] (49) "Political party" means an organization of registered voters that has
200 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
201 Formation and Procedures.
202 [(49)] (50) (a) "Poll worker" means a person assigned by an election official to assist
203 with an election, voting, or counting votes.
204 (b) "Poll worker" includes election judges.
205 (c) "Poll worker" does not include a watcher.
206 [(50)] (51) "Pollbook" means a record of the names of voters in the order that they
207 appear to cast votes.
208 [(51)] (52) "Polling place" means the building where voting is conducted.
209 [(52)] (53) "Position" means a square, circle, rectangle, or other geometric shape on a
210 ballot in which the voter marks the voter's choice.
211 (54) "Provider election officer" means an election officer who enters into a contract or
212 interlocal agreement with a contracting election officer to conduct an election for the
213 contracting election officer's local political subdivision in accordance with Section

214 20A-5-400.1 .
215 [(53)] (55) "Provisional ballot" means a ballot voted provisionally by a person:
216 (a) whose name is not listed on the official register at the polling place;
217 (b) whose legal right to vote is challenged as provided in this title; or
218 (c) whose identity was not sufficiently established by a poll worker.
219 [(54)] (56) "Provisional ballot envelope" means an envelope printed in the form
220 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
221 information to verify a person's legal right to vote.
222 [(55)] (57) "Primary convention" means the political party conventions at which
223 nominees for the regular primary election are selected.
224 [(56)] (58) "Protective counter" means a separate counter, which cannot be reset, that:
225 (a) is built into a voting machine; and
226 (b) records the total number of movements of the operating lever.
227 [(57)] (59) "Qualify" or "qualified" means to take the oath of office and begin
228 performing the duties of the position for which the person was elected.
229 [(58)] (60) "Receiving judge" means the poll worker that checks the voter's name in the
230 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
231 after the voter has voted.
232 [(59)] (61) "Registration form" means a book voter registration form and a by-mail
233 voter registration form.
234 [(60)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
235 [(61)] (63) "Regular general election" means the election held throughout the state on
236 the first Tuesday after the first Monday in November of each even-numbered year for the
237 purposes established in Section 20A-1-201 .
238 [(62)] (64) "Regular primary election" means the election on the fourth Tuesday of
239 June of each even-numbered year, to nominate candidates of political parties and nonpolitical
240 groups to advance to the regular general election.
241 [(63)] (65) "Resident" means a person who resides within a specific voting precinct in
242 Utah.
243 [(64)] (66) "Sample ballot" means a mock ballot similar in form to the official ballot
244 printed and distributed as provided in Section 20A-5-405 .

245 [(65)] (67) "Scratch vote" means to mark or punch the straight party ticket and then
246 mark or punch the ballot for one or more candidates who are members of different political
247 parties.
248 [(66)] (68) "Secrecy envelope" means the envelope given to a voter along with the
249 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
250 secrecy of the voter's vote.
251 [(67)] (69) "Special election" means an election held as authorized by Section
252 20A-1-204 .
253 [(68)] (70) "Spoiled ballot" means each ballot that:
254 (a) is spoiled by the voter;
255 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
256 (c) lacks the official endorsement.
257 [(69)] (71) "Statewide special election" means a special election called by the governor
258 or the Legislature in which all registered voters in Utah may vote.
259 [(70)] (72) "Stub" means the detachable part of each ballot.
260 [(71)] (73) "Substitute ballots" means replacement ballots provided by an election
261 officer to the poll workers when the official ballots are lost or stolen.
262 [(72)] (74) "Ticket" means each list of candidates for each political party or for each
263 group of petitioners.
264 [(73)] (75) "Transfer case" means the sealed box used to transport voted ballots to the
265 counting center.
266 [(74)] (76) "Vacancy" means the absence of a person to serve in any position created
267 by statute, whether that absence occurs because of death, disability, disqualification,
268 resignation, or other cause.
269 [(75)] (77) "Valid voter identification" means:
270 (a) a form of identification that bears the name and photograph of the voter which may
271 include:
272 (i) a currently valid Utah driver license;
273 (ii) a currently valid identification card that is issued by:
274 (A) the state; or
275 (B) a branch, department, or agency of the United States;

276 (iii) a currently valid Utah permit to carry a concealed weapon;
277 (iv) a currently valid United States passport; or
278 (v) a currently valid United States military identification card;
279 (b) one of the following identification cards, whether or not the card includes a
280 photograph of the voter:
281 (i) a valid tribal identification card;
282 (ii) a Bureau of Indian Affairs card; or
283 (iii) a tribal treaty card; or
284 (c) two forms of identification not listed under Subsection [(75)] (77)(a) or (b) but that
285 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
286 which may include:
287 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
288 election;
289 (ii) a bank or other financial account statement, or a legible copy thereof;
290 (iii) a certified birth certificate;
291 (iv) a valid Social Security card;
292 (v) a check issued by the state or the federal government or a legible copy thereof;
293 (vi) a paycheck from the voter's employer, or a legible copy thereof;
294 (vii) a currently valid Utah hunting or fishing license;
295 (viii) certified naturalization documentation;
296 (ix) a currently valid license issued by an authorized agency of the United States;
297 (x) a certified copy of court records showing the voter's adoption or name change;
298 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
299 (xii) a currently valid identification card issued by:
300 (A) a local government within the state;
301 (B) an employer for an employee; or
302 (C) a college, university, technical school, or professional school located within the
303 state; or
304 (xiii) a current Utah vehicle registration.
305 [(76)] (78) "Valid write-in candidate" means a candidate who has qualified as a
306 write-in candidate by following the procedures and requirements of this title.

307 [(77)] (79) "Voter" means a person who:
308 (a) meets the requirements for voting in an election;
309 (b) meets the requirements of election registration;
310 (c) is registered to vote; and
311 (d) is listed in the official register book.
312 [(78)] (80) "Voter registration deadline" means the registration deadline provided in
313 Section 20A-2-102.5 .
314 [(79)] (81) "Voting area" means the area within six feet of the voting booths, voting
315 machines, and ballot box.
316 [(80)] (82) "Voting booth" means:
317 (a) the space or compartment within a polling place that is provided for the preparation
318 of ballots, including the voting machine enclosure or curtain; or
319 (b) a voting device that is free standing.
320 [(81)] (83) "Voting device" means:
321 (a) an apparatus in which ballot sheets are used in connection with a punch device for
322 piercing the ballots by the voter;
323 (b) a device for marking the ballots with ink or another substance;
324 (c) an electronic voting device or other device used to make selections and cast a ballot
325 electronically, or any component thereof;
326 (d) an automated voting system under Section 20A-5-302 ; or
327 (e) any other method for recording votes on ballots so that the ballot may be tabulated
328 by means of automatic tabulating equipment.
329 [(82)] (84) "Voting machine" means a machine designed for the sole purpose of
330 recording and tabulating votes cast by voters at an election.
331 [(83)] (85) "Voting poll watcher" means a person appointed as provided in this title to
332 witness the distribution of ballots and the voting process.
333 [(84)] (86) "Voting precinct" means the smallest voting unit established as provided by
334 law within which qualified voters vote at one polling place.
335 [(85)] (87) "Watcher" means a voting poll watcher, a counting poll watcher, an
336 inspecting poll watcher, and a testing watcher.
337 [(86)] (88) "Western States Presidential Primary" means the election established in

338 Title 20A, Chapter 9, Part 8.
339 [(87)] (89) "Write-in ballot" means a ballot containing any write-in votes.
340 [(88)] (90) "Write-in vote" means a vote cast for a person whose name is not printed on
341 the ballot according to the procedures established in this title.
342 Section 2. Section 20A-5-400.1 is enacted to read:
343 20A-5-400.1. Contracting with an election officer to conduct elections -- Fees --
344 Contracts and interlocal agreements -- Private providers.
345 (1) (a) In accordance with this section, a local political subdivision may enter into a
346 contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation
347 Act, with a provider election officer to conduct an election.
348 (b) If the boundaries of a local political subdivision holding the election extend beyond
349 a single local political subdivision, the local political subdivision may have more than one
350 provider election officer conduct an election.
351 (2) A provider election officer shall conduct an election:
352 (a) under the direction of the contracting election officer; and
353 (b) in accordance with a contract or interlocal agreement.
354 (3) A provider election officer shall establish fees for conducting an election for a
355 contracting election officer that:
356 (a) are consistent with the contract or interlocal agreement; and
357 (b) do not exceed the actual costs incurred by the provider election officer.
358 (4) The contract or interlocal agreement under this section may specify that a
359 contracting election officer request, within a specified number of days before the election, that
360 the provider election officer conduct the election to allow adequate preparations by the
361 provider election officer.
362 (5) An election officer conducting an election may appoint or employ an agent or
363 professional service to assist in conducting the election.
364 Section 3. Section 20A-5-400.5 is amended to read:
365 20A-5-400.5. Election officer for bond and leeway elections.
366 (1) When a voted leeway or bond election is held on the regular general election date
367 or regular primary election date, the county clerk shall serve as the provider election officer to
368 conduct [and administer] that election.

369 (2) (a) When a voted leeway or bond election is held on the municipal general election
370 date or any other election date permitted for special elections under Section 20A-1-204 , and the
371 local political subdivision calling the election is entirely within the boundaries of the
372 unincorporated county, the county clerk shall serve as the provider election officer to conduct
373 [and administer] that election subject to Subsection (3).
374 (b) When a voted leeway or bond election is held on the municipal general election
375 date or any other election date permitted for special elections under Section 20A-1-204 , and the
376 local political subdivision calling the election is entirely within the boundaries of a
377 municipality, the municipal clerk for that municipality shall, except as provided in Subsection
378 (3), serve as the provider election officer to conduct [and administer] that election.
379 (c) When a voted leeway or bond election is held on the municipal general election
380 date or any other election date permitted for special elections under Section 20A-1-204 , and the
381 local political subdivision calling the election extends beyond the boundaries of a single
382 municipality:
383 (i) except as provided in Subsection (3), the municipal clerk shall serve as the provider
384 election officer to conduct [and administer] the election for those portions of the local political
385 subdivision where the municipal general election or other election is being held; and
386 (ii) except as provided in Subsection (3), the county clerk shall serve as the provider
387 election officer to conduct [and administer] the election for the unincorporated county and for
388 those portions of any municipality where no municipal general election or other election is
389 being held.
390 (3) When a voted leeway or bond election is held on a date when no other election,
391 other than another voted leeway or bond election, is being held in the entire area comprising
392 the local political subdivision calling the voted leeway or bond election:
393 (a) the clerk or chief executive officer of a local district or the business administrator or
394 superintendent of the school district, as applicable, shall serve as the election officer to conduct
395 [and administer] the bond election for those portions of the local political subdivision in which
396 no other election, other than another voted leeway or bond election, is being held, unless the
397 local district or school district has contracted with [the county clerk, municipal clerk, or both,
398 to serve as the election officer] a provider election officer; and
399 (b) the county clerk, municipal clerk, or both, as determined by the local political

400 subdivision holding the bond election, shall serve as the provider election officer to conduct
401 [and administer] the bond election for those portions of the local political subdivision in which
402 another election, other than another voted leeway or bond election, is being held.
403 [(4) (a) In conducting elections under this section:]
404 [(i) the local political subdivision shall provide and pay for election notices; and]
405 [(ii) the election officer shall determine polling locations and compile, prepare, and
406 count the ballots.]
407 [(b) The county clerk, the municipal clerk, or both shall:]
408 [(i) establish fees for conducting voted leeway and bond elections for local political
409 subdivisions; and]
410 [(ii) bill each local political subdivision for the cost of conducting the voted leeway or
411 bond election.]
412 [(c) (i) The fees and charges assessed by a county clerk or a municipal clerk under this
413 section may not exceed the actual costs incurred by the county clerk or the municipal clerk.]
414 [(ii) The actual costs shall include:]
415 [(A) costs of or rental fees associated with the use of election equipment and supplies;
416 and]
417 [(B) reasonable and necessary administrative costs.]
418 [(5) An election officer administering and conducting a voted leeway or bond election
419 is authorized to appoint or employ agents and professional services to assist in conducting and
420 administering the voted leeway or bond election.]
421 [(6) The election officer in a voted leeway or bond election shall conduct its procedures
422 under the direction of the local political subdivision calling the voted leeway or bond election.]
423 (4) A provider election officer required by this section to conduct an election for a local
424 political subdivision shall comply with Section 20A-5-400.1 .




Legislative Review Note
as of 11-22-10 7:28 AM

Office of Legislative Research and General Counsel