H.B. 53

1

ELECTION LAW AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill amends Title 20A, Election Code.
12 Highlighted Provisions:
13 This bill:
14 . updates cross-references;
15 . makes conforming amendments for the date of the Western Presidential Primary;
16 . addresses the submittal of an absentee ballot;
17 . repeals references to the county in a municipal ballot;
18 . makes conforming amendments regarding the voter information pamphlet; and
19 . makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-1-102, as last amended by Laws of Utah 2012, Chapters 72, 251, 309, 359 and last
27 amended by Coordination Clause, Laws of Utah 2012, Chapter 309

28 20A-1-203, as last amended by Laws of Utah 2012, Chapter 359
29 20A-1-201.5, as last amended by Laws of Utah 2011, Chapter 327
30 20A-3-306, as last amended by Laws of Utah 2012, Chapter 309
31 20A-6-401.1, as last amended by Laws of Utah 2012, Chapter 68
32 20A-7-702, as last amended by Laws of Utah 2012, Chapter 334
33 20A-11-104, as last amended by Laws of Utah 2011, Chapter 340
34 20A-11-402, as last amended by Laws of Utah 2010, Chapter 246
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;
65 (g) an incorporation of a city or town; or
66 (h) any other ballot question specifically authorized by the Legislature.
67 (7) "Bind", "binding", or "bound" means securing more than one piece of paper
68 together with a staple or stitch in at least three places across the top of the paper in the blank
69 space reserved for securing the paper.
70 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
71 20A-4-306 to canvass election returns.
72 (9) "Bond election" means an election held for the purpose of approving or rejecting
73 the proposed issuance of bonds by a government entity.
74 (10) "Book voter registration form" means voter registration forms contained in a
75 bound book that are used by election officers and registration agents to register persons to vote.
76 (11) "Business reply mail envelope" means an envelope that may be mailed free of
77 charge by the sender.
78 (12) "By-mail voter registration form" means a voter registration form designed to be
79 completed by the voter and mailed to the election officer.
80 (13) "Canvass" means the review of election returns and the official declaration of
81 election results by the board of canvassers.
82 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
83 the canvass.
84 (15) "Contracting election officer" means an election officer who enters into a contract
85 or interlocal agreement with a provider election officer.
86 (16) "Convention" means the political party convention at which party officers and
87 delegates are selected.
88 (17) "Counting center" means one or more locations selected by the election officer in
89 charge of the election for the automatic counting of ballots.

90 (18) "Counting judge" means a poll worker designated to count the ballots during
91 election day.
92 (19) "Counting poll watcher" means a person selected as provided in Section
93 20A-3-201 to witness the counting of ballots.
94 (20) "Counting room" means a suitable and convenient private place or room,
95 immediately adjoining the place where the election is being held, for use by the poll workers
96 and counting judges to count ballots during election day.
97 (21) "County officers" means those county officers that are required by law to be
98 elected.
99 (22) "Date of the election" or "election day" or "day of the election":
100 (a) means the day that is specified in the calendar year as the day that the election
101 occurs; and
102 (b) does not include:
103 (i) deadlines established for absentee voting; or
104 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
105 Voting.
106 (23) "Elected official" means:
107 (a) a person elected to an office under Section 20A-1-303 ;
108 (b) a person who is considered to be elected to a municipal office in accordance with
109 Subsection 20A-1-206 (1)(c)(ii); or
110 (c) a person who is considered to be elected to a local district office in accordance with
111 Subsection 20A-1-206 (3)(c)(ii).
112 (24) "Election" means a regular general election, a municipal general election, a
113 statewide special election, a local special election, a regular primary election, a municipal
114 primary election, and a local district election.
115 (25) "Election Assistance Commission" means the commission established by Public
116 Law 107-252, the Help America Vote Act of 2002.
117 (26) "Election cycle" means the period beginning on the first day persons are eligible to
118 file declarations of candidacy and ending when the canvass is completed.
119 (27) "Election judge" means a poll worker that is assigned to:
120 (a) preside over other poll workers at a polling place;

121 (b) act as the presiding election judge; or
122 (c) serve as a canvassing judge, counting judge, or receiving judge.
123 (28) "Election officer" means:
124 (a) the lieutenant governor, for all statewide ballots and elections;
125 (b) the county clerk for:
126 (i) a county ballot and election; and
127 (ii) a ballot and election as a provider election officer as provided in Section
128 20A-5-400.1 or 20A-5-400.5 ;
129 (c) the municipal clerk for:
130 (i) a municipal 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 (d) the local district clerk or chief executive officer for:
134 (i) a local district ballot and election; and
135 (ii) a ballot and election as a provider election officer as provided in Section
136 20A-5-400.1 or 20A-5-400.5 ; or
137 (e) the business administrator or superintendent of a school district for:
138 (i) a school district ballot and election; and
139 (ii) a ballot and election as a provider election officer as provided in Section
140 20A-5-400.1 or 20A-5-400.5 .
141 (29) "Election official" means any election officer, election judge, or poll worker.
142 (30) "Election results" means:
143 (a) for an election other than a bond election, the count of votes cast in the election and
144 the election returns requested by the board of canvassers; or
145 (b) for bond elections, the count of those votes cast for and against the bond
146 proposition plus any or all of the election returns that the board of canvassers may request.
147 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
148 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
149 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
150 form, and the total votes cast form.
151 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting

152 device or other voting device that records and stores ballot information by electronic means.
153 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
154 or logically associated with a record and executed or adopted by a person with the intent to sign
155 the record.
156 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
157 (b) "Electronic voting device" includes a direct recording electronic voting device.
158 (35) "Inactive voter" means a registered voter who has:
159 (a) been sent the notice required by Section 20A-2-306 ; and
160 (b) failed to respond to that notice.
161 (36) "Inspecting poll watcher" means a person selected as provided in this title to
162 witness the receipt and safe deposit of voted and counted ballots.
163 (37) "Judicial office" means the office filled by any judicial officer.
164 (38) "Judicial officer" means any justice or judge of a court of record or any county
165 court judge.
166 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
167 Local Government Entities - Local Districts, and includes a special service district under Title
168 17D, Chapter 1, Special Service District Act.
169 (40) "Local district officers" means those local district officers that are required by law
170 to be elected.
171 (41) "Local election" means a regular municipal election, a local special election, a
172 local district election, and a bond election.
173 (42) "Local political subdivision" means a county, a municipality, a local district, or a
174 local school district.
175 (43) "Local special election" means a special election called by the governing body of a
176 local political subdivision in which all registered voters of the local political subdivision may
177 vote.
178 (44) "Municipal executive" means:
179 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
180 or
181 (b) the mayor in the council-manager form of government defined in Subsection
182 10-3b-103 (6).

183 (45) "Municipal general election" means the election held in municipalities and local
184 districts on the first Tuesday after the first Monday in November of each odd-numbered year
185 for the purposes established in Section 20A-1-202 .
186 (46) "Municipal legislative body" means the council of the city or town in any form of
187 municipal government.
188 (47) "Municipal office" means an elective office in a municipality.
189 (48) "Municipal officers" means those municipal officers that are required by law to be
190 elected.
191 (49) "Municipal primary election" means an election held to nominate candidates for
192 municipal office.
193 (50) "Official ballot" means the ballots distributed by the election officer to the poll
194 workers to be given to voters to record their votes.
195 (51) "Official endorsement" means:
196 (a) the information on the ballot that identifies:
197 (i) the ballot as an official ballot;
198 (ii) the date of the election; and
199 (iii) the facsimile signature of the election officer; and
200 (b) the information on the ballot stub that identifies:
201 (i) the poll worker's initials; and
202 (ii) the ballot number.
203 (52) "Official register" means the official record furnished to election officials by the
204 election officer that contains the information required by Section 20A-5-401 .
205 (53) "Paper ballot" means a paper that contains:
206 (a) the names of offices and candidates and statements of ballot propositions to be
207 voted on; and
208 (b) spaces for the voter to record the voter's vote for each office and for or against each
209 ballot proposition.
210 (54) "Political party" means an organization of registered voters that has qualified to
211 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
212 and Procedures.
213 (55) (a) "Poll worker" means a person assigned by an election official to assist with an

214 election, voting, or counting votes.
215 (b) "Poll worker" includes election judges.
216 (c) "Poll worker" does not include a watcher.
217 (56) "Pollbook" means a record of the names of voters in the order that they appear to
218 cast votes.
219 (57) "Polling place" means the building where voting is conducted.
220 (58) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
221 in which the voter marks the voter's choice.
222 (59) "Provider election officer" means an election officer who enters into a contract or
223 interlocal agreement with a contracting election officer to conduct an election for the
224 contracting election officer's local political subdivision in accordance with Section
225 20A-5-400.1 .
226 (60) "Provisional ballot" means a ballot voted provisionally by a person:
227 (a) whose name is not listed on the official register at the polling place;
228 (b) whose legal right to vote is challenged as provided in this title; or
229 (c) whose identity was not sufficiently established by a poll worker.
230 (61) "Provisional ballot envelope" means an envelope printed in the form required by
231 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
232 verify a person's legal right to vote.
233 (62) "Primary convention" means the political party conventions at which nominees for
234 the regular primary election are selected.
235 (63) "Protective counter" means a separate counter, which cannot be reset, that:
236 (a) is built into a voting machine; and
237 (b) records the total number of movements of the operating lever.
238 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
239 duties of the position for which the person was elected.
240 (65) "Receiving judge" means the poll worker that checks the voter's name in the
241 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
242 after the voter has voted.
243 (66) "Registration form" means a book voter registration form and a by-mail voter
244 registration form.

245 (67) "Regular ballot" means a ballot that is not a provisional ballot.
246 (68) "Regular general election" means the election held throughout the state on the first
247 Tuesday after the first Monday in November of each even-numbered year for the purposes
248 established in Section 20A-1-201 .
249 (69) "Regular primary election" means the election on the fourth Tuesday of June of
250 each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
251 advance to the regular general election.
252 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
253 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
254 and distributed as provided in Section 20A-5-405 .
255 (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
256 punch the ballot for one or more candidates who are members of different political parties.
257 (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
258 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
259 the voter's vote.
260 (74) "Special election" means an election held as authorized by Section [ 20A-1-204 ]
261 20A-1-203 .
262 (75) "Spoiled ballot" means each ballot that:
263 (a) is spoiled by the voter;
264 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
265 (c) lacks the official endorsement.
266 (76) "Statewide special election" means a special election called by the governor or the
267 Legislature in which all registered voters in Utah may vote.
268 (77) "Stub" means the detachable part of each ballot.
269 (78) "Substitute ballots" means replacement ballots provided by an election officer to
270 the poll workers when the official ballots are lost or stolen.
271 (79) "Ticket" means each list of candidates for each political party or for each group of
272 petitioners.
273 (80) "Transfer case" means the sealed box used to transport voted ballots to the
274 counting center.
275 (81) "Vacancy" means the absence of a person to serve in any position created by

276 statute, whether that absence occurs because of death, disability, disqualification, resignation,
277 or other cause.
278 (82) "Valid voter identification" means:
279 (a) a form of identification that bears the name and photograph of the voter which may
280 include:
281 (i) a currently valid Utah driver license;
282 (ii) a currently valid identification card that is issued by:
283 (A) the state; or
284 (B) a branch, department, or agency of the United States;
285 (iii) a currently valid Utah permit to carry a concealed weapon;
286 (iv) a currently valid United States passport; or
287 (v) a currently valid United States military identification card;
288 (b) one of the following identification cards, whether or not the card includes a
289 photograph of the voter:
290 (i) a valid tribal identification card;
291 (ii) a Bureau of Indian Affairs card; or
292 (iii) a tribal treaty card; or
293 (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
294 the name of the voter and provide evidence that the voter resides in the voting precinct, which
295 may include:
296 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
297 election;
298 (ii) a bank or other financial account statement, or a legible copy thereof;
299 (iii) a certified birth certificate;
300 (iv) a valid Social Security card;
301 (v) a check issued by the state or the federal government or a legible copy thereof;
302 (vi) a paycheck from the voter's employer, or a legible copy thereof;
303 (vii) a currently valid Utah hunting or fishing license;
304 (viii) certified naturalization documentation;
305 (ix) a currently valid license issued by an authorized agency of the United States;
306 (x) a certified copy of court records showing the voter's adoption or name change;

307 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
308 (xii) a currently valid identification card issued by:
309 (A) a local government within the state;
310 (B) an employer for an employee; or
311 (C) a college, university, technical school, or professional school located within the
312 state; or
313 (xiii) a current Utah vehicle registration.
314 (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
315 candidate by following the procedures and requirements of this title.
316 (84) "Voter" means a person who:
317 (a) meets the requirements for voting in an election;
318 (b) meets the requirements of election registration;
319 (c) is registered to vote; and
320 (d) is listed in the official register book.
321 (85) "Voter registration deadline" means the registration deadline provided in Section
322 20A-2-102.5 .
323 (86) "Voting area" means the area within six feet of the voting booths, voting
324 machines, and ballot box.
325 (87) "Voting booth" means:
326 (a) the space or compartment within a polling place that is provided for the preparation
327 of ballots, including the voting machine enclosure or curtain; or
328 (b) a voting device that is free standing.
329 (88) "Voting device" means:
330 (a) an apparatus in which ballot sheets are used in connection with a punch device for
331 piercing the ballots by the voter;
332 (b) a device for marking the ballots with ink or another substance;
333 (c) an electronic voting device or other device used to make selections and cast a ballot
334 electronically, or any component thereof;
335 (d) an automated voting system under Section 20A-5-302 ; or
336 (e) any other method for recording votes on ballots so that the ballot may be tabulated
337 by means of automatic tabulating equipment.

338 (89) "Voting machine" means a machine designed for the sole purpose of recording
339 and tabulating votes cast by voters at an election.
340 (90) "Voting poll watcher" means a person appointed as provided in this title to
341 witness the distribution of ballots and the voting process.
342 (91) "Voting precinct" means the smallest voting unit established as provided by law
343 within which qualified voters vote at one polling place.
344 (92) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
345 poll watcher, and a testing watcher.
346 (93) "Western States Presidential Primary" means the election established in Chapter 9,
347 Part 8, Western States Presidential Primary.
348 (94) "Write-in ballot" means a ballot containing any write-in votes.
349 (95) "Write-in vote" means a vote cast for a person whose name is not printed on the
350 ballot according to the procedures established in this title.
351 Section 2. Section 20A-1-201.5 is amended to read:
352 20A-1-201.5. Primary election dates.
353 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
354 of June of each even numbered year as provided in Section 20A-9-403 , to nominate persons for
355 national, state, school board, and county offices.
356 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
357 following the first Monday in August before the regular municipal election to nominate persons
358 for municipal offices.
359 (3) [The] If the Legislature makes an appropriation for a Western States Presidential
360 Primary election, the Western States Presidential Primary election shall be held throughout the
361 state on the first Tuesday in February in the year in which a presidential election will be held.
362 Section 3. Section 20A-1-203 is amended to read:
363 20A-1-203. Calling and purpose of special elections -- Two-thirds vote
364 limitations.
365 (1) Statewide and local special elections may be held for any purpose authorized by
366 law.
367 (2) (a) Statewide special elections shall be conducted using the procedure for regular
368 general elections.

369 (b) Except as otherwise provided in this title, local special elections shall be conducted
370 using the procedures for regular municipal elections.
371 (3) The governor may call a statewide special election by issuing an executive order
372 that designates:
373 (a) the date for the statewide special election; and
374 (b) the purpose for the statewide special election.
375 (4) The Legislature may call a statewide special election by passing a joint or
376 concurrent resolution that designates:
377 (a) the date for the statewide special election; and
378 (b) the purpose for the statewide special election.
379 (5) (a) The legislative body of a local political subdivision may call a local special
380 election only for:
381 (i) a vote on a bond or debt issue;
382 (ii) a vote on a voted local levy authorized by Section 53A-17a-133 ;
383 (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
384 (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
385 (v) if required or authorized by federal law, a vote to determine whether or not Utah's
386 legal boundaries should be changed;
387 (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
388 (vii) a vote to elect members to school district boards for a new school district and a
389 remaining school district, as defined in Section 53A-2-117 , following the creation of a new
390 school district under Section 53A-2-118.1 ; [or]
391 (viii) an election of town officers of a newly incorporated town under Section
392 10-2-128 [.];
393 (ix) an election of officers for a new city under Section 10-2-116 ;
394 (x) a vote on a municipality providing cable television services or public
395 telecommunications services under Section 10-18-204 ;
396 (xi) a vote to create a new county under Section 17-3-1 ;
397 (xii) a vote on the creation of a study committee under Sections 17-52-202 and
398 17-52-203.5 ; or
399 (xiii) a vote on a special property tax under Section 53A-16-110 .

400 (b) The legislative body of a local political subdivision may call a local special election
401 by adopting an ordinance or resolution that designates:
402 (i) the date for the local special election; and
403 (ii) the purpose for the local special election.
404 (c) A local political subdivision may not call a local special election unless the
405 ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
406 two-thirds majority of all members of the legislative body, if the local special election is for:
407 (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
408 (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
409 (iii) a vote authorized or required for a sales tax issue as described in Subsection
410 (5)(a)(vi).
411 Section 4. Section 20A-3-306 is amended to read:
412 20A-3-306. Voting ballot -- Returning ballot.
413 (1) (a) To vote a mail-in absentee ballot, the absentee voter shall:
414 (i) complete and sign the affidavit on the envelope;
415 (ii) mark the votes on the absentee ballot;
416 (iii) place the voted absentee ballot in the envelope;
417 (iv) securely seal the envelope; and
418 (v) attach postage, unless voting in accordance with Section 20A-3-302 , and deposit
419 the envelope in the mail or deliver it in person to the election officer from whom the ballot was
420 obtained.
421 (b) To vote an absentee ballot in person at the office of the election officer, the absent
422 voter shall:
423 (i) complete and sign the affidavit on the envelope;
424 (ii) mark the votes on the absent-voter ballot;
425 (iii) place the voted absent-voter ballot in the envelope;
426 (iv) securely seal the envelope; and
427 (v) give the ballot and envelope to the election officer.
428 (2) An absentee ballot is not valid unless:
429 (a) in the case of an absentee ballot that is voted in person, it is applied for and cast in
430 person at the office of the appropriate election officer no later than the Friday before election

431 day; [or]
432 (b) in the case of an absentee ballot that is submitted by mail, the absentee ballot is:
433 (i) postmarked on or before election day; and
434 (ii) received by the election officer before noon on the day of the canvass; or
435 [(b)] (c) in the case of a military-overseas ballot, submitted in accordance with Section
436 20A-16-404 .
437 Section 5. Section 20A-6-401.1 is amended to read:
438 20A-6-401.1. Ballots for partisan municipal primary elections.
439 (1) If a municipality is using paper ballots, each election officer shall ensure that:
440 (a) all paper ballots furnished for use at the regular primary election:
441 (i) are perforated to separate the candidates of one political party from those of the
442 other political parties so that the voter may separate the part of the ballot containing the names
443 of the political party of the voter's choice from the rest of the ballot;
444 (ii) have sides that are perforated so that the outside sections of the ballot, when
445 detached, are similar in appearance to the inside sections of the ballot when detached; and
446 (iii) contain no captions or other endorsements except as provided in this section;
447 (b) the names of all candidates from each party are listed on the same ballot in one or
448 more columns under their party name and emblem;
449 (c) the political parties are printed on the ballot in the order specified under Section
450 20A-6-305 ;
451 (d) (i) the ballot contains a ballot stub that is at least one inch wide, placed across the
452 top of the ballot;
453 (ii) the ballot number and the words "Poll Worker's Initials ____" are printed on the
454 stub; and
455 (iii) ballot stubs are numbered consecutively;
456 (e) immediately below the perforated ballot stub, the following endorsements are
457 printed in 18-point bold type:
458 (i) "Official Primary Ballot for ____ [County] (name of municipality), Utah";
459 (ii) the date of the election; and
460 (iii) a facsimile of the signature of the [county] municipal clerk or recorder and the
461 words "[county] municipal clerk" or "municipal recorder";

462 (f) after the facsimile signature, the political party emblem and the name of the
463 political party are printed;
464 (g) after the party name and emblem, the ballot contains the following printed in not
465 smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote for a
466 candidate, place a cross (X) in the square immediately adjacent to the name of the person for
467 whom you wish to vote and in no other place. Do not vote for any candidate listed under more
468 than one party or group designation.", followed by two one-point parallel horizontal rules;
469 (h) after the rules, the designation of the office for which the candidates seek
470 nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
471 for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
472 to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
473 (i) after the hair-line rule, the names of the candidates are printed in heavy face type
474 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
475 with surnames last and grouped according to the office that they seek;
476 (j) a square with sides not less than one-fourth inch long is printed immediately
477 adjacent to the names of the candidates;
478 (k) the candidate groups are separated from each other by one light and one heavy line
479 or rule; and
480 (l) the nonpartisan candidates are listed as follows:
481 (i) immediately below the listing of the party candidates, the word "NONPARTISAN"
482 is printed in reverse type in an 18 point solid rule that extends the full width of the type copy of
483 the party listing above; and
484 (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
485 candidate's name, the voting square, and any other necessary information is printed in the same
486 style and manner as for party candidates.
487 (2) (a) If a municipality is using ballot sheets or electronic ballots, the election officer
488 may require that:
489 (i) the ballot, or ballot label in the case of a punch card ballot, for a regular primary
490 election consist of several groups of pages or display screens, so that a separate group can be
491 used to list the names of candidates seeking nomination of each qualified political party, with
492 additional groups used to list candidates for other nonpartisan offices;

493 (ii) the separate groups of pages or display screens are identified by color or other
494 suitable means; and
495 (iii) the ballot or ballot label contain instructions that direct the voter how to vote the
496 ballot.
497 (b) If a municipality is using ballot sheets or electronic ballots, each election officer
498 shall:
499 (i) for municipalities using punch card ballots, ensure that the ballot label provides a
500 means for the voter to designate the political party in whose primary the voter is voting; and
501 (ii) determine the order for printing the names of the political parties on the ballot label
502 in accordance with Section 20A-6-305 .
503 Section 6. Section 20A-7-702 is amended to read:
504 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
505 (1) The lieutenant governor shall ensure that all information submitted for publication
506 in the voter information pamphlet is:
507 (a) printed and bound in a single pamphlet;
508 (b) printed in clear readable type, no less than 10 point, except that the text of any
509 measure may be set forth in eight-point type; and
510 (c) printed on a quality and weight of paper that best serves the voters.
511 (2) The voter information pamphlet shall contain the following items in this order:
512 (a) a cover title page;
513 (b) an introduction to the pamphlet by the lieutenant governor;
514 (c) a table of contents;
515 (d) a list of all candidates for constitutional offices;
516 (e) a list of candidates for each legislative district;
517 (f) a 100-word statement of qualifications for each candidate for the office of governor,
518 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
519 candidate to the lieutenant governor's office before 5 p.m. on the date that falls 105 days before
520 the date of the election;
521 (g) information pertaining to all measures to be submitted to the voters, beginning a
522 new page for each measure and containing, in the following order for each measure:
523 (i) a copy of the number and ballot title of the measure;

524 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
525 the Legislature or by referendum;
526 (iii) the impartial analysis of the measure prepared by the Office of Legislative
527 Research and General Counsel;
528 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
529 measure, the arguments against the measure, and the rebuttal to the arguments against the
530 measure, with the name and title of the authors at the end of each argument or rebuttal;
531 (v) for each constitutional amendment, a complete copy of the text of the constitutional
532 amendment, with all new language underlined, and all deleted language placed within brackets;
533 (vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
534 lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
535 20A-7-202.5 ; and
536 (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
537 being submitted to the voters for their approval or rejection, with all new language underlined
538 and all deleted language placed within brackets, as applicable;
539 (h) a description provided by the Judicial Performance Evaluation Commission of the
540 selection and retention process for judges, including, in the following order:
541 (i) a description of the judicial selection process;
542 (ii) a description of the judicial performance evaluation process;
543 (iii) a description of the judicial retention election process;
544 (iv) a list of the criteria of the judicial performance evaluation and the minimum
545 performance standards;
546 (v) the names of the judges standing for retention election; and
547 (vi) for each judge:
548 (A) a list of the counties in which the judge is subject to retention election;
549 (B) a short biography of professional qualifications and a recent photograph;
550 (C) a narrative concerning the judge's performance;
551 [(C)] (D) for each standard of performance, a statement identifying whether or not the
552 judge met the standard and, if not, the manner in which the judge failed to meet the standard;
553 [(D) a statement provided by the Utah Supreme Court identifying the cumulative
554 number of informal reprimands, when consented to by the judge in accordance with Title 78A,

555 Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of censure and
556 suspension issued by the Utah Supreme Court under Utah Constitution Article VIII, Section 13
557 during the judge's current term and the immediately preceding term, and a detailed summary of
558 the supporting reasons for each violation of the Code of Judicial Conduct that the judge has
559 received;]
560 (E) a statement identifying whether or not the Judicial Performance Evaluation
561 Commission recommends the judge be retained or declines to make a recommendation and the
562 number of votes for and against the commission's recommendation; [and]
563 (F) any statement provided by a judge who is not recommended for retention by the
564 Judicial Performance Evaluation Commission under Section 78A-12-203 ;
565 [(vii)] (G) [for each judge,] in a bar graph, the average of responses to each survey
566 category, displayed with an identification of the minimum acceptable score as set by Section
567 78A-12-205 and the average score of all judges of the same court level; and
568 [(viii)] (H) a website address that contains the Judicial Performance Evaluation
569 Commission's report on the judge's performance evaluation;
570 (i) for each judge, a statement provided by the Utah Supreme Court identifying the
571 cumulative number of informal reprimands, when consented to by the judge in accordance with
572 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
573 censure and suspension issued by the Utah Supreme Court under Utah Constitution Article
574 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
575 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
576 that the judge has received;
577 [(i)] (j) an explanation of ballot marking procedures prepared by the lieutenant
578 governor, indicating the ballot marking procedure used by each county and explaining how to
579 mark the ballot for each procedure;
580 [(j)] (k) voter registration information, including information on how to obtain an
581 absentee ballot;
582 [(k)] (l) a list of all county clerks' offices and phone numbers; and
583 [(l)] (m) on the back cover page, a printed copy of the following statement signed by
584 the lieutenant governor:
585 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the

586 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
587 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
588 correct according to law.
589 SEAL
590 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
591 of ____ (month), ____ (year)
592

(signed) ____________________________________

593

Lieutenant Governor"

594 (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
595 commences, the lieutenant governor shall:
596 (a) (i) distribute one copy of the voter information pamphlet to each household within
597 the state;
598 (ii) distribute to each household within the state a notice:
599 (A) printed on a postage prepaid, preaddressed return form that a person may use to
600 request delivery of a voter information pamphlet by mail;
601 (B) that states the address of the Statewide Electronic Voter Information Website
602 authorized by Section 20A-7-801 ; and
603 (C) that states the phone number a voter may call to request delivery of a voter
604 information pamphlet by mail; or
605 (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
606 every newspaper of general circulation in the state;
607 (b) ensure that a sufficient number of printed voter information pamphlets are available
608 for distribution as required by this section;
609 (c) provide voter information pamphlets to each county clerk for free distribution upon
610 request and for placement at polling places; and
611 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
612 before the election.
613 (4) The lieutenant governor may distribute a voter information pamphlet at a location
614 frequented by a person who cannot easily access the Statewide Electronic Voter Information
615 Website authorized by Section 20A-7-801 .
616 (5) The lieutenant governor shall:

617 (a) conduct a study to evaluate the effectiveness of the notice authorized by this
618 section; and
619 (b) provide the results of a study described in Subsection (5)(a) to the Government
620 Operations Interim Committee by October 1, 2013.
621 Section 7. Section 20A-11-104 is amended to read:
622 20A-11-104. Personal use expenditure -- Authorized and prohibited uses of
623 campaign funds -- Enforcement -- Penalties.
624 (1) (a) As used in this chapter, "personal use expenditure" means an expenditure that:
625 (i) (A) is not excluded from the definition of personal use expenditure by Subsection
626 (2); and
627 (B) primarily furthers a personal interest of a candidate or officeholder or a candidate's
628 or officeholder's family, which interest is not connected with the performance of an activity as
629 a candidate or an activity or duty of an officeholder; or
630 (ii) would cause the candidate or officeholder to recognize the expenditure as taxable
631 income under federal law.
632 (b) "Personal use expenditure" includes:
633 (i) a mortgage, rent, utility, or vehicle payment;
634 (ii) a household food item or supply;
635 (iii) clothing, except for clothing:
636 (A) bearing the candidate's name or campaign slogan or logo; and
637 (B) used in the candidate's campaign;
638 (iv) an admission to a sporting, artistic, or recreational event or other form of
639 entertainment;
640 (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
641 (vi) a salary payment made to:
642 (A) a candidate or officeholder; or
643 (B) a person who has not provided a bona fide service to a candidate or officeholder;
644 (vii) a vacation;
645 (viii) a vehicle expense;
646 (ix) a meal expense;
647 (x) a travel expense;

648 (xi) a payment of an administrative, civil, or criminal penalty;
649 (xii) a satisfaction of a personal debt;
650 (xiii) a personal service, including the service of an attorney, accountant, physician, or
651 other professional person;
652 (xiv) a membership fee for a professional or service organization; and
653 (xv) a payment in excess of the fair market value of the item or service purchased.
654 (2) As used in this chapter, "personal use expenditure" does not mean an expenditure
655 made:
656 (a) for a political purpose;
657 (b) for candidacy for public office;
658 (c) to fulfill a duty or activity of an officeholder;
659 (d) for a donation to a registered political party;
660 (e) for a contribution to another candidate's campaign account, including sponsorship
661 of or attendance at an event, the primary purpose of which is to solicit a contribution for
662 another candidate's campaign account;
663 (f) to return all or a portion of a contribution to a contributor;
664 (g) for the following items, if made in connection with the candidacy for public office
665 or an activity or duty of an officeholder:
666 (i) (A) a mileage allowance at the rate established by the Division of Finance under
667 Section 63A-3-107 ; or
668 (B) for motor fuel or special fuel, as defined in Section 59-13-102 ;
669 (ii) a meal expense;
670 (iii) a travel expense, including an expense incurred for airfare or a rental vehicle;
671 (iv) a payment for a service provided by an attorney or accountant;
672 (v) a tuition payment or registration fee for participation in a meeting or conference;
673 (vi) a gift;
674 (vii) a payment for the following items in connection with an office space:
675 (A) rent;
676 (B) utilities;
677 (C) a supply; or
678 (D) furnishing;

679 (viii) a booth at a meeting or event; or
680 (ix) educational material;
681 (h) to purchase or mail informational material, a survey, or a greeting card;
682 (i) for a donation to a charitable organization, as defined by Section 13-22-2 , including
683 admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
684 as defined in Section 13-22-2 ;
685 (j) to repay a loan a candidate makes from the candidate's personal account to the
686 candidate's campaign account;
687 (k) to pay membership dues to a national organization whose primary purpose is to
688 address general public policy;
689 (l) for admission to or sponsorship of an event, the primary purpose of which is to
690 promote the social, educational, or economic well-being of the state or the candidate's or
691 officeholder's community; or
692 (m) for one or more guests of an officeholder or candidate to attend an event, meeting,
693 or conference described in this Subsection (2).
694 (3) (a) The lieutenant governor shall enforce this [section] chapter prohibiting a
695 personal use expenditure by:
696 (i) evaluating a financial statement to identify a personal use expenditure; and
697 (ii) commencing an informal adjudicative proceeding in accordance with Title 63G,
698 Chapter 4, Administrative Procedures Act, if the lieutenant governor has probable cause to
699 believe a candidate or officeholder has made a personal use expenditure.
700 (b) Following the proceeding, the lieutenant governor may issue a signed order
701 requiring a candidate or officeholder who has made a personal use expenditure to:
702 (i) remit an administrative penalty of an amount equal to 50% of the personal use
703 expenditure to the lieutenant governor; and
704 (ii) deposit the amount of the personal use expenditure in the campaign account from
705 which the personal use expenditure was disbursed.
706 (c) The lieutenant governor shall deposit money received under Subsection (3)(b)(i) in
707 the General Fund.
708 Section 8. Section 20A-11-402 is amended to read:
709 20A-11-402. Officeholder financial reporting requirements -- Termination of

710 duty to report.
711 (1) An officeholder is active and subject to reporting requirements until the
712 officeholder has filed a statement of dissolution with the lieutenant governor stating that:
713 (a) the officeholder is no longer receiving contributions or public service assistance and
714 is no longer making expenditures;
715 (b) the ending balance on the last summary report filed is zero and the balance in the
716 separate bank account required by [Sections] Section 20A-11-201 [and], 20A-11-301 , or
717 20A-11-1301 is zero; and
718 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
719 balance is attached to the statement of dissolution.
720 (2) A statement of dissolution and a final summary report may be filed at any time.
721 (3) Each officeholder shall continue to file the year-end summary report required by
722 Section 20A-11-401 until the statement of dissolution and final summary report required by
723 this section are filed with the lieutenant governor.
724 (4) An officeholder may not use a contribution deposited in an account in accordance
725 with this chapter for:
726 (a) a personal use expenditure; or
727 (b) an expenditure prohibited by law.
728 (5) (a) Except as provided in Subsection (5)(b), a person who is no longer an
729 officeholder may not expend or transfer the money in a campaign account in a manner that
730 would cause the former officeholder to recognize the money as taxable income under federal
731 tax law.
732 (b) A person who is no longer an officeholder may transfer the money in a campaign
733 account in a manner that would cause the former officeholder to recognize the money as
734 taxable income under federal tax law if the transfer is made to a campaign account for federal
735 office.




Legislative Review Note
as of 11-15-12 6:33 AM

Office of Legislative Research and General Counsel

[Bill Documents]