1     
STRAIGHT TICKET VOTING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: ____________

6     Cosponsor:
Jeremy A. Peterson

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Election Code relating to the manner by which a
11     voter casts a vote for all candidates from one political party.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends provisions of the Election Code to provide that a voter who desires to cast a
15     vote for all candidates from one political party must vote separately for each
16     candidate from that political party;
17          ▸     removes provisions relating to straight ticket party voting and scratch voting; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
26          20A-3-106, as last amended by Laws of Utah 2015, Chapter 296

27          20A-4-102, as last amended by Laws of Utah 2002, Chapter 177
28          20A-4-105, as last amended by Laws of Utah 2013, Chapter 390
29          20A-5-302, as last amended by Laws of Utah 2007, Chapters 256 and 329
30          20A-6-301, as last amended by Laws of Utah 2015, Chapter 392
31          20A-6-303, as last amended by Laws of Utah 2015, Chapter 296
32          20A-6-304, as last amended by Laws of Utah 2015, Chapter 296
33          20A-6-305, as last amended by Laws of Utah 2014, Chapter 17
34          20A-9-406, as last amended by Laws of Utah 2015, Chapter 296
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 label" means the cards, papers, booklet, pages, or other materials that:
49          (a) contain the names of offices and candidates and statements of ballot propositions to
50     be voted on; and
51          (b) are used in conjunction with ballot sheets that do not display that information.
52          (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
53     on the ballot for their approval or rejection including:
54          (a) an opinion question specifically authorized by the Legislature;
55          (b) a constitutional amendment;
56          (c) an initiative;
57          (d) a referendum;

58          (e) a bond proposition;
59          (f) a judicial retention question;
60          (g) an incorporation of a city or town; or
61          (h) any other ballot question specifically authorized by the Legislature.
62          (6) "Ballot sheet":
63          (a) means a ballot that:
64          (i) consists of paper or a card where the voter's votes are marked or recorded; and
65          (ii) can be counted using automatic tabulating equipment; and
66          (b) includes punch card ballots and other ballots that are machine-countable.
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 board members that are required
170     by law to be elected.
171          (41) "Local election" means a regular county election, a regular municipal election, a
172     municipal primary election, a local special election, a local district election, and a bond
173     election.
174          (42) "Local political subdivision" means a county, a municipality, a local district, or a
175     local school district.
176          (43) "Local special election" means a special election called by the governing body of a
177     local political subdivision in which all registered voters of the local political subdivision may
178     vote.
179          (44) "Municipal executive" means:
180          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
181          (b) the mayor in the council-manager form of government defined in Subsection

182     10-3b-103(7); or
183          (c) the chair of a metro township form of government defined in Section 10-3b-102.
184          (45) "Municipal general election" means the election held in municipalities and, as
185     applicable, local districts on the first Tuesday after the first Monday in November of each
186     odd-numbered year for the purposes established in Section 20A-1-202.
187          (46) "Municipal legislative body" means:
188          (a) the council of the city or town in any form of municipal government; or
189          (b) the council of a metro township.
190          (47) "Municipal office" means an elective office in a municipality.
191          (48) "Municipal officers" means those municipal officers that are required by law to be
192     elected.
193          (49) "Municipal primary election" means an election held to nominate candidates for
194     municipal office.
195          (50) "Official ballot" means the ballots distributed by the election officer to the poll
196     workers to be given to voters to record their votes.
197          (51) "Official endorsement" means:
198          (a) the information on the ballot that identifies:
199          (i) the ballot as an official ballot;
200          (ii) the date of the election; and
201          (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
202     facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
203          (B) for a ballot prepared by a county clerk, the words required by Subsection
204     20A-6-301(1)(c)(iii); and
205          (b) the information on the ballot stub that identifies:
206          (i) the poll worker's initials; and
207          (ii) the ballot number.
208          (52) "Official register" means the official record furnished to election officials by the
209     election officer that contains the information required by Section 20A-5-401.
210          (53) "Paper ballot" means a paper that contains:
211          (a) the names of offices and candidates and statements of ballot propositions to be
212     voted on; and

213          (b) spaces for the voter to record the voter's vote for each office and for or against each
214     ballot proposition.
215          (54) "Pilot project" means the election day voter registration pilot project created in
216     Section 20A-4-108.
217          (55) "Political party" means an organization of registered voters that has qualified to
218     participate in an election by meeting the requirements of Chapter 8, Political Party Formation
219     and Procedures.
220          (56) "Pollbook" means a record of the names of voters in the order that they appear to
221     cast votes.
222          (57) "Polling place" means the building where voting is conducted.
223          (58) (a) "Poll worker" means a person assigned by an election official to assist with an
224     election, voting, or counting votes.
225          (b) "Poll worker" includes election judges.
226          (c) "Poll worker" does not include a watcher.
227          (59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
228     in which the voter marks the voter's choice.
229          (60) "Primary convention" means the political party conventions held during the year
230     of the regular general election.
231          (61) "Protective counter" means a separate counter, which cannot be reset, that:
232          (a) is built into a voting machine; and
233          (b) records the total number of movements of the operating lever.
234          (62) "Provider election officer" means an election officer who enters into a contract or
235     interlocal agreement with a contracting election officer to conduct an election for the
236     contracting election officer's local political subdivision in accordance with Section
237     20A-5-400.1.
238          (63) "Provisional ballot" means a ballot voted provisionally by a person:
239          (a) whose name is not listed on the official register at the polling place;
240          (b) whose legal right to vote is challenged as provided in this title; or
241          (c) whose identity was not sufficiently established by a poll worker.
242          (64) "Provisional ballot envelope" means an envelope printed in the form required by
243     Section 20A-6-105 that is used to identify provisional ballots and to provide information to

244     verify a person's legal right to vote.
245          (65) "Qualify" or "qualified" means to take the oath of office and begin performing the
246     duties of the position for which the person was elected.
247          (66) "Receiving judge" means the poll worker that checks the voter's name in the
248     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
249     after the voter has voted.
250          (67) "Registration form" means a book voter registration form and a by-mail voter
251     registration form.
252          (68) "Regular ballot" means a ballot that is not a provisional ballot.
253          (69) "Regular general election" means the election held throughout the state on the first
254     Tuesday after the first Monday in November of each even-numbered year for the purposes
255     established in Section 20A-1-201.
256          (70) "Regular primary election" means the election on the fourth Tuesday of June of
257     each even-numbered year, to nominate candidates of political parties and candidates for
258     nonpartisan local school board positions to advance to the regular general election.
259          (71) "Resident" means a person who resides within a specific voting precinct in Utah.
260          (72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
261     and distributed as provided in Section 20A-5-405.
262          [(73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
263     punch the ballot for one or more candidates who are members of different political parties or
264     who are unaffiliated.]
265          [(74)] (73) "Secrecy envelope" means the envelope given to a voter along with the
266     ballot into which the voter places the ballot after the voter has voted it in order to preserve the
267     secrecy of the voter's vote.
268          [(75)] (74) "Special election" means an election held as authorized by Section
269     20A-1-203.
270          [(76)] (75) "Spoiled ballot" means each ballot that:
271          (a) is spoiled by the voter;
272          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
273          (c) lacks the official endorsement.
274          [(77)] (76) "Statewide special election" means a special election called by the governor

275     or the Legislature in which all registered voters in Utah may vote.
276          [(78)] (77) "Stub" means the detachable part of each ballot.
277          [(79)] (78) "Substitute ballots" means replacement ballots provided by an election
278     officer to the poll workers when the official ballots are lost or stolen.
279          [(80)] (79) "Ticket" means each list of candidates for each political party or for each
280     group of petitioners.
281          [(81)] (80) "Transfer case" means the sealed box used to transport voted ballots to the
282     counting center.
283          [(82)] (81) "Vacancy" means the absence of a person to serve in any position created
284     by statute, whether that absence occurs because of death, disability, disqualification,
285     resignation, or other cause.
286          [(83)] (82) "Valid voter identification" means:
287          (a) a form of identification that bears the name and photograph of the voter which may
288     include:
289          (i) a currently valid Utah driver license;
290          (ii) a currently valid identification card that is issued by:
291          (A) the state; or
292          (B) a branch, department, or agency of the United States;
293          (iii) a currently valid Utah permit to carry a concealed weapon;
294          (iv) a currently valid United States passport; or
295          (v) a currently valid United States military identification card;
296          (b) one of the following identification cards, whether or not the card includes a
297     photograph of the voter:
298          (i) a valid tribal identification card;
299          (ii) a Bureau of Indian Affairs card; or
300          (iii) a tribal treaty card; or
301          (c) two forms of identification not listed under Subsection [(83)] (82)(a) or (b) but that
302     bear the name of the voter and provide evidence that the voter resides in the voting precinct,
303     which may include:
304          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
305     election;

306          (ii) a bank or other financial account statement, or a legible copy thereof;
307          (iii) a certified birth certificate;
308          (iv) a valid Social Security card;
309          (v) a check issued by the state or the federal government or a legible copy thereof;
310          (vi) a paycheck from the voter's employer, or a legible copy thereof;
311          (vii) a currently valid Utah hunting or fishing license;
312          (viii) certified naturalization documentation;
313          (ix) a currently valid license issued by an authorized agency of the United States;
314          (x) a certified copy of court records showing the voter's adoption or name change;
315          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
316          (xii) a currently valid identification card issued by:
317          (A) a local government within the state;
318          (B) an employer for an employee; or
319          (C) a college, university, technical school, or professional school located within the
320     state; or
321          (xiii) a current Utah vehicle registration.
322          [(84)] (83) "Valid write-in candidate" means a candidate who has qualified as a
323     write-in candidate by following the procedures and requirements of this title.
324          [(85)] (84) "Voter" means a person who:
325          (a) meets the requirements for voting in an election;
326          (b) meets the requirements of election registration;
327          (c) is registered to vote; and
328          (d) is listed in the official register book.
329          [(86)] (85) "Voter registration deadline" means the registration deadline provided in
330     Section 20A-2-102.5.
331          [(87)] (86) "Voting area" means the area within six feet of the voting booths, voting
332     machines, and ballot box.
333          [(88)] (87) "Voting booth" means:
334          (a) the space or compartment within a polling place that is provided for the preparation
335     of ballots, including the voting machine enclosure or curtain; or
336          (b) a voting device that is free standing.

337          [(89)] (88) "Voting device" means:
338          (a) an apparatus in which ballot sheets are used in connection with a punch device for
339     piercing the ballots by the voter;
340          (b) a device for marking the ballots with ink or another substance;
341          (c) an electronic voting device or other device used to make selections and cast a ballot
342     electronically, or any component thereof;
343          (d) an automated voting system under Section 20A-5-302; or
344          (e) any other method for recording votes on ballots so that the ballot may be tabulated
345     by means of automatic tabulating equipment.
346          [(90)] (89) "Voting machine" means a machine designed for the sole purpose of
347     recording and tabulating votes cast by voters at an election.
348          [(91)] (90) "Voting poll watcher" means a person appointed as provided in this title to
349     witness the distribution of ballots and the voting process.
350          [(92)] (91) "Voting precinct" means the smallest voting unit established as provided by
351     law within which qualified voters vote at one polling place.
352          [(93)] (92) "Watcher" means a voting poll watcher, a counting poll watcher, an
353     inspecting poll watcher, and a testing watcher.
354          [(94)] (93) "Western States Presidential Primary" means the election established in
355     Chapter 9, Part 8, Western States Presidential Primary.
356          [(95)] (94) "Write-in ballot" means a ballot containing any write-in votes.
357          [(96)] (95) "Write-in vote" means a vote cast for a person whose name is not printed on
358     the ballot according to the procedures established in this title.
359          Section 2. Section 20A-3-106 is amended to read:
360          20A-3-106. Voting -- Writing in names -- Effect of unnecessary marking of cross.
361          (1) When voting a paper ballot, any voter desiring to vote for all the candidates who are
362     listed on the ballot as being from any one registered political party may[: (a) mark in the circle
363     or position above that political party; (b)] mark in the squares or position opposite the names of
364     all candidates for that party ticket[; or].
365          [(c) make both markings.]
366          (2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates who
367     are listed on the ballot as being from any one registered political party may[: (i) mark the

368     selected party on the straight party page or section; or (ii)] mark the name of each candidate
369     from that party.
370          (b) To vote for candidates from two or more political parties, the voter may[: (i)] mark
371     in the squares or positions opposite the names of the candidates for whom the voter wishes to
372     vote [without marking in any circle; or].
373          [(ii) indicate the voter's choice by:]
374          [(A) marking in the circle or position above one political party; and]
375          [(B) marking in the squares or positions opposite the names of desired candidates who
376     are members of any party, are unaffiliated, or are listed without party name.]
377          (3) (a) When voting an electronic ballot, any voter desiring to vote for all the
378     candidates who are listed on the ballot as being from any one registered political party may[: (i)
379     select that party on the straight party selection area; or (ii)] select the name of each candidate
380     from that party.
381          (b) To vote for candidates from two or more political parties, the voter may[: (i)] select
382     the names of the candidates for whom the voter wishes to vote [without selecting a political
383     party in the straight party selection area; or].
384          [(ii) (A) select a political party in the straight party selection area; and]
385          [(B) select the names of the candidates for whom the voter wishes to vote who are
386     members of any party, are unaffiliated, or are listed without party name.]
387          [(4) In any election other than a primary election, if a voter voting a ballot has selected
388     or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
389     for a person on another party ticket for an office, or for an unaffiliated candidate, the voter shall
390     select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.]
391          [(5)] (4) (a) The voter may cast a write-in vote on a paper ballot or ballot sheet:
392          (i) by entering the name of a valid write-in candidate:
393          (A) by writing the name of a valid write-in candidate in the blank write-in section of
394     the ballot; or
395          (B) by affixing a sticker with the office and name of the valid write-in name printed on
396     it in the blank write-in part of the ballot; and
397          (ii) by placing a mark opposite the name of the write-in candidate to indicate the voter's
398     vote.

399          (b) On a paper ballot or ballot sheet, a voter is considered to have voted for the person
400     whose name is written or whose sticker appears in the blank write-in part of the ballot, if a
401     mark is made opposite that name.
402          (c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a square on
403     the ticket below the marked circle does not affect the validity of the vote.
404          [(6)] (5) The voter may cast a write-in vote on an electronic ballot by:
405          (a) marking the appropriate position opposite the area for entering a write-in candidate
406     for the office sought by the candidate for whom the voter wishes to vote; and
407          (b) entering the name of a valid write-in candidate in the write-in selection area.
408          Section 3. Section 20A-4-102 is amended to read:
409          20A-4-102. Counting paper ballots after the polls close.
410          (1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and
411     the last qualified voter has voted, the election judges shall count the ballots by performing the
412     tasks specified in this section in the order that they are specified.
413          (b) The election judges shall apply the standards and requirements of Section
414     20A-4-105 to resolve any questions that arise as they count the ballots.
415          (2) (a) First, the election judges shall count the number of ballots in the ballot box.
416          (b) (i) If there are more ballots in the ballot box than there are names entered in the
417     pollbook, the judges shall examine the official endorsements on the ballots.
418          (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
419     official endorsement, the judges shall put those ballots in an excess ballot file and not count
420     them.
421          (c) (i) If, after examining the official endorsements, there are still more ballots in the
422     ballot box than there are names entered in the pollbook, the judges shall place the remaining
423     ballots back in the ballot box.
424          (ii) One of the judges, without looking, shall draw a number of ballots equal to the
425     excess from the ballot box.
426          (iii) The judges shall put those excess ballots into the excess ballot envelope and not
427     count them.
428          (d) When the ballots in the ballot box equal the number of names entered in the
429     pollbook, the judges shall count the votes.

430          (3) The judges shall:
431          (a) place all unused ballots in the envelope or container provided for return to the
432     county clerk or city recorder; and
433          (b) seal that envelope or container.
434          (4) The judges shall:
435          (a) place all of the provisional ballot envelopes in the envelope provided for them for
436     return to the election officer; and
437          (b) seal that envelope or container.
438          (5) (a) In counting the votes, the election judges shall read and count each ballot
439     separately.
440          (b) In regular primary elections the judges shall:
441          (i) count the number of ballots cast for each party;
442          (ii) place the ballots cast for each party in separate piles; and
443          (iii) count all the ballots for one party before beginning to count the ballots cast for
444     other parties.
445          (6) (a) In all elections, the counting judges shall:
446          (i) count one vote for each candidate designated by the marks in the squares next to the
447     candidate's name;
448          [(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
449     any candidate for an office for which a vote has been cast for a candidate for the same office
450     upon another ticket by the placing of a mark in the square opposite the name of that candidate
451     on the other ticket;]
452          [(iii)] (ii) count each vote for each write-in candidate who has qualified by filing a
453     declaration of candidacy under Section 20A-9-601;
454          [(iv)] (iii) read every name marked on the ballot and mark every name upon the tally
455     sheets before another ballot is counted;
456          [(v)] (iv) evaluate each ballot and each vote based on the standards and requirements of
457     Section 20A-4-105;
458          [(vi)] (v) write the word "spoiled" on the back of each ballot that lacks the official
459     endorsement and deposit it in the spoiled ballot envelope; and
460          [(vii)] (vi) read, count, and record upon the tally sheets the votes that each candidate

461     and ballot proposition received from all ballots, except excess or spoiled ballots.
462          (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
463     persons clearly not eligible to qualify for office.
464          (c) The judges shall certify to the accuracy and completeness of the tally list in the
465     space provided on the tally list.
466          (d) When the judges have counted all of the voted ballots, they shall record the results
467     on the total votes cast form.
468          (7) Only election judges and counting poll watchers may be present at the place where
469     counting is conducted until the count is completed.
470          Section 4. Section 20A-4-105 is amended to read:
471          20A-4-105. Standards and requirements for evaluating voter's ballot choices.
472          (1) Each person counting ballots shall apply the standards and requirements of this
473     section to resolve any questions that arise as ballots are counted.
474          (2) Except as provided in Subsection [(11)] (10), if a voter marks more names than
475     there are persons to be elected to an office, or if for any reason it is impossible to determine the
476     choice of any voter for any office to be filled, the counter may not count that voter's ballot for
477     that office.
478          (3) The counter shall count a defective or incomplete mark on any paper ballot if:
479          (a) it is in the proper place; and
480          (b) there is no other mark or cross on the paper ballot indicating the voter's intent to
481     vote other than as indicated by the defective mark.
482          [(4) (a) When the voter has marked the ballot so that it appears that the voter has voted
483     more than one straight ticket, the election judges may not count any votes for party candidates.]
484          [(b) The election judges shall count the remainder of the ballot if it is voted correctly.]
485          [(5)] (4) A counter may not reject a ballot marked by the voter because of marks on the
486     ballot other than those marks allowed by this section unless the extraneous marks on a ballot or
487     group of ballots show an intent by a person or group to mark their ballots so that their ballots
488     can be identified.
489          [(6)] (5) (a) In counting the ballots, the counters shall give full consideration to the
490     intent of the voter.
491          (b) The counters may not invalidate a ballot because of mechanical and technical

492     defects in voting or failure on the part of the voter to follow strictly the rules for balloting
493     required by Chapter 3, Voting.
494          [(7)] (6) The counters may not reject a ballot because of any error in:
495          (a) stamping or writing any official endorsement; or
496          (b) delivering the wrong ballots to any polling place.
497          [(8)] (7) The counter may not count any paper ballot that does not have the official
498     endorsement by an election officer.
499          [(9)] (8) The counter may not count any ballot proposition vote or candidate vote for
500     which the voter is not "legally entitled to vote" as used in Section 20A-4-107.
501          [(10)] (9) If the counter discovers that the name of a candidate voted for is misspelled
502     or that the initial letters of a candidate's given name are transposed or omitted in part or
503     altogether, the counter shall count the voter's vote for that candidate if it is apparent that the
504     voter intended to vote for that candidate.
505          [(11)] (10) The counter shall count a vote for the president and the vice president of
506     any political party as a vote for the presidential electors selected by the political party.
507          [(12)] (11) In counting the valid write-in votes, if, by casting a valid write-in vote, a
508     voter has cast more votes for an office than that voter is entitled to vote for that office, the
509     judges shall count the valid write-in vote as being the obvious intent of the voter.
510          Section 5. Section 20A-5-302 is amended to read:
511          20A-5-302. Automated voting system.
512          (1) (a) Any county or municipal legislative body or local district board may:
513          (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
514     automated voting system that meets the requirements of this section; and
515          (ii) use that system in any election, in all or a part of the voting precincts within its
516     boundaries, or in combination with paper ballots.
517          (b) Nothing in this title shall be construed to require the use of electronic voting
518     devices in local special elections, municipal primary elections, or municipal general elections.
519          (2) (a) Each automated voting system shall:
520          (i) provide for voting in secrecy, except in the case of voters who have received
521     assistance as authorized by Section 20A-3-108;
522          (ii) permit each voter at any election to:

523          (A) vote for all persons and offices for whom and for which that voter is lawfully
524     entitled to vote;
525          (B) vote for as many persons for an office as that voter is entitled to vote; and
526          (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
527          (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
528     candidates of that party for president, vice president, and for their presidential electors;
529          [(iv) permit each voter, at any regular general election, to vote for all the candidates of
530     one registered political party by making one mark or punch;]
531          [(v) permit each voter to scratch vote;]
532          [(vi)] (iv) at elections other than primary elections, permit each voter to vote for the
533     nominees of one or more parties and for independent candidates;
534          [(vii)] (v) at primary elections:
535          (A) permit each voter to vote for candidates of the political party of [his] the voter's
536     choice; and
537          (B) reject any votes cast for candidates of another party;
538          [(viii)] (vi) prevent the voter from voting for the same person more than once for the
539     same office;
540          [(ix)] (vii) provide the opportunity for each voter to change the ballot and to correct
541     any error before the voter casts the ballot in compliance with the Help America Vote Act of
542     2002, Pub. L. No. 107-252;
543          [(x)] (viii) include automatic tabulating equipment that rejects choices recorded on a
544     voter's ballot if the number of the voter's recorded choices is greater than the number which the
545     voter is entitled to vote for the office or on the measure;
546          [(xi)] (ix) be of durable construction, suitably designed so that it may be used safely,
547     efficiently, and accurately in the conduct of elections and counting ballots;
548          [(xii)] (x) when properly operated, record correctly and count accurately each vote cast;
549          [(xiii)] (xi) for voting equipment certified after January 1, 2005, produce a permanent
550     paper record that:
551          (A) shall be available as an official record for any recount or election contest
552     conducted with respect to an election where the voting equipment is used;
553          (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling

554     place; and
555          (II) shall permit the voter to inspect the record of the voter's selections independently
556     only if reasonably practicable commercial methods permitting independent inspection are
557     available at the time of certification of the voting equipment by the lieutenant governor;
558          (C) shall include, at a minimum, human readable printing that shows a record of the
559     voter's selections;
560          (D) may also include machine readable printing which may be the same as the human
561     readable printing; and
562          (E) allows voting poll watchers and counting poll watchers to observe the election
563     process to ensure its integrity; and
564          [(xiv)] (xii) meet the requirements of Section 20A-5-402.5.
565          (b) For the purposes of a recount or an election contest, if the permanent paper record
566     contains a conflict or inconsistency between the human readable printing and the machine
567     readable printing, the human readable printing shall supercede the machine readable printing
568     when determining the intent of the voter.
569          (c) Notwithstanding any other provisions of this section, the election officers shall
570     ensure that the ballots to be counted by means of electronic or electromechanical devices are of
571     a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
572     for use in the counting devices in which they are intended to be placed.
573          Section 6. Section 20A-6-301 is amended to read:
574          20A-6-301. Paper ballots -- Regular general election.
575          (1) Each election officer shall ensure that:
576          (a) all paper ballots furnished for use at the regular general election contain:
577          (i) no captions or other endorsements except as provided in this section;
578          (ii) no symbols, markings, or other descriptions of a political party or group, except for
579     a registered political party that has chosen to nominate its candidates in accordance with
580     Section 20A-9-403; and
581          (iii) no indication that a candidate for elective office has been nominated by, or has
582     been endorsed by, or is in any way affiliated with a political party or group, unless the
583     candidate has been nominated by a registered political party in accordance with Subsection
584     20A-9-202(4) or Subsection 20A-9-403(5).

585          (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
586     top of the ballot, and divided from the rest of ballot by a perforated line;
587          (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
588     stub; and
589          (iii) ballot stubs are numbered consecutively;
590          (c) immediately below the perforated ballot stub, the following endorsements are
591     printed in 18 point bold type:
592          (i) "Official Ballot for ____ County, Utah";
593          (ii) the date of the election; and
594          (iii) the words "Clerk of __________ County";
595          (d) each ticket is placed in a separate column on the ballot in the order specified under
596     Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
597     column;
598          (e) the party name or title is printed in capital letters not less than one-fourth of an inch
599     high;
600          [(f) a circle one-half inch in diameter is printed immediately below the party name or
601     title, and the top of the circle is placed not less than two inches below the perforated line;]
602          [(g)] (f) unaffiliated candidates, candidates not affiliated with a registered political
603     party, and all other candidates for elective office who were not nominated by a registered
604     political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are
605     listed in one column in the order specified under Section 20A-6-305[, without a party circle,]
606     with the following instructions printed at the head of the column: "All candidates not affiliated
607     with a political party are listed below. They are to be considered with all offices and
608     candidates listed to the left. Only one vote is allowed for each office.";
609          [(h)] (g) the columns containing the lists of candidates, including the party name and
610     device, are separated by heavy parallel lines;
611          [(i)] (h) the offices to be filled are plainly printed immediately above the names of the
612     candidates for those offices;
613          [(j)] (i) the names of candidates are printed in capital letters, not less than one-eighth
614     nor more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
615     between lines or rules three-eighths of an inch apart;

616          [(k)] (j) a square with sides measuring not less than one-fourth of an inch in length is
617     printed immediately adjacent to the name of each candidate;
618          [(l)] (k) for the offices of president and vice president and governor and lieutenant
619     governor, one square with sides measuring not less than one-fourth of an inch in length is
620     printed on the same side as but opposite a double bracket enclosing the names of the two
621     candidates;
622          [(m)] (l) in an election in which a voter is authorized to cast a write-in vote and where
623     a write-in candidate is qualified under Section 20A-9-601, immediately adjacent to the
624     unaffiliated ticket on the ballot, the ballot contains a write-in column long enough to contain as
625     many written names of candidates as there are persons to be elected with:
626          (i) for each office on the ballot, the office to be filled plainly printed immediately
627     above:
628          (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
629     square with sides measuring not less than one-fourth of an inch in length printed immediately
630     adjacent to the blank horizontal line; or
631          (B) for the offices of president and vice president and governor and lieutenant
632     governor, two blank horizontal lines, one placed above the other, to enable the entry of two
633     valid write-in candidates, and one square with sides measuring not less than one-fourth of an
634     inch in length printed on the same side as but opposite a double bracket enclosing the two
635     blank horizontal lines; and
636          (ii) the words "Write-In Voting Column" printed at the head of the column [without a
637     one-half inch circle];
638          [(n)] (m) when required, the ballot includes a nonpartisan ticket placed immediately
639     adjacent to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the
640     unaffiliated ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule
641     running vertically the full length of the nonpartisan ballot copy; and
642          [(o)] (n) constitutional amendments or other questions submitted to the vote of the
643     people, are printed on the ballot after the list of candidates.
644          (2) Each election officer shall ensure that:
645          (a) each person nominated by any registered political party under Subsection
646     20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:

647          (i) under the registered political party's name and emblem, if any; or
648          (ii) under the title of the registered political party as designated by them in their
649     certificates of nomination or petition, or, if none is designated, then under some suitable title;
650          (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
651     Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
652          (c) the names of the candidates for president and vice president are used on the ballot
653     instead of the names of the presidential electors; and
654          (d) the ballots contain no other names.
655          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
656     that:
657          (a) the designation of the office to be filled in the election and the number of
658     candidates to be elected are printed in type not smaller than eight point;
659          (b) the words designating the office are printed flush with the left-hand margin;
660          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
661     which the voter may vote)" extend to the extreme right of the column;
662          (d) the nonpartisan candidates are grouped according to the office for which they are
663     candidates;
664          (e) the names in each group are placed in the order specified under Section 20A-6-305
665     with the surnames last; and
666          (f) each group is preceded by the designation of the office for which the candidates
667     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
668     candidates for which the voter may vote)," according to the number to be elected.
669          (4) Each election officer shall ensure that:
670          (a) proposed amendments to the Utah Constitution are listed on the ballot in
671     accordance with Section 20A-6-107;
672          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
673     with Section 20A-6-107; and
674          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
675     title assigned to each bond proposition under Section 11-14-206.
676          Section 7. Section 20A-6-303 is amended to read:
677          20A-6-303. Regular general election -- Ballot sheets.

678          (1) Each election officer shall ensure that:
679          (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
680     approximately the same order as paper ballots;
681          (b) the titles of offices and the names of candidates are printed in vertical columns or in
682     a series of separate pages;
683          (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
684     include, after the list of candidates:
685          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
686          (ii) any ballot propositions submitted to the voters for their approval or rejection;
687          [(d) (i) a voting square or position is included where the voter may record a straight
688     party ticket vote for all the candidates who are listed on the ballot as being from one party by
689     one mark or punch; and]
690          [(ii) the name of each political party listed in the straight party selection area includes
691     the word "party" at the end of the party's name;]
692          [(e)] (d) the tickets are printed in the order specified under Section 20A-6-305;
693          [(f)] (e) the office titles are printed immediately adjacent to the names of candidates so
694     as to indicate clearly the candidates for each office and the number to be elected;
695          [(g)] (f) the party designation of each candidate who has been nominated by a
696     registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is printed
697     immediately adjacent to the candidate's name; and
698          [(h)] (g) (i) if possible, all candidates for one office are grouped in one column or upon
699     one page;
700          (ii) if all candidates for one office cannot be listed in one column or grouped on one
701     page:
702          (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
703     candidates is continued on the following column or page; and
704          (B) approximately the same number of names shall be printed in each column or on
705     each page.
706          (2) Each election officer shall ensure that:
707          (a) proposed amendments to the Utah Constitution are listed in accordance with
708     Section 20A-6-107;

709          (b) ballot propositions submitted to the voters are listed in accordance with Section
710     20A-6-107; and
711          (c) bond propositions that have qualified for the ballot are listed under the title
712     assigned to each bond proposition under Section 11-14-206.
713          Section 8. Section 20A-6-304 is amended to read:
714          20A-6-304. Regular general election -- Electronic ballots.
715          (1) Each election officer shall ensure that:
716          (a) the format and content of the electronic ballot is arranged in approximately the
717     same order as paper ballots;
718          (b) the titles of offices and the names of candidates are displayed in vertical columns or
719     in a series of separate display screens;
720          (c) the electronic ballot is of sufficient length to include, after the list of candidates:
721          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
722          (ii) any ballot propositions submitted to the voters for their approval or rejection;
723          [(d) (i) a voting square or position is included where the voter may record a straight
724     party ticket vote for all the candidates who are listed on the ballot as being from one party by
725     making a single selection; and]
726          [(ii) the name of each political party listed in the straight party selection area includes
727     the word "party" at the end of the party's name;]
728          [(e)] (d) the tickets are displayed in the order specified under Section 20A-6-305;
729          [(f)] (e) the office titles are displayed above or at the side of the names of candidates so
730     as to indicate clearly the candidates for each office and the number to be elected;
731          [(g)] (f) the party designation of each candidate who has been nominated by a
732     registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is
733     displayed adjacent to the candidate's name; and
734          [(h)] (g) if possible, all candidates for one office are grouped in one column or upon
735     one display screen.
736          (2) Each election officer shall ensure that:
737          (a) proposed amendments to the Utah Constitution are displayed in accordance with
738     Section 20A-6-107;
739          (b) ballot propositions submitted to the voters are displayed in accordance with Section

740     20A-6-107; and
741          (c) bond propositions that have qualified for the ballot are displayed under the title
742     assigned to each bond proposition under Section 11-14-206.
743          Section 9. Section 20A-6-305 is amended to read:
744          20A-6-305. Master ballot position list -- Random selection -- Procedures --
745     Publication -- Surname -- Exemptions.
746          (1) As used in this section, "master ballot position list" means an official list of the 26
747     characters in the alphabet listed in random order and numbered from one to 26 as provided
748     under Subsection (2).
749          (2) The lieutenant governor shall:
750          (a) by November 15 in the year before each regular general election, conduct a random
751     selection to establish the master ballot position list for the next year and the year following in
752     accordance with procedures established under Subsection (2)(c);
753          (b) publish the master ballot position lists on the lieutenant governor's election website
754     on or before November 15 in the year before each regular general election; and
755          (c) establish written procedures for:
756          (i) the election official to use the master ballot position list; and
757          (ii) the lieutenant governor in:
758          (A) conducting the random selection in a fair manner; and
759          (B) providing a record of the random selection process used.
760          (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
761     election officer shall use the master ballot position list for the current year to determine the
762     order in which to list candidates on the ballot for an election held during the year.
763          (4) To determine the order in which to list candidates on the ballot required under
764     Subsection (3), the election officer shall apply the randomized alphabet using:
765          (a) the candidate's surname;
766          (b) for candidates with a surname that has the same spelling, the candidate's given
767     name; and
768          (c) the surname of the president and the surname of the governor for an election for the
769     offices of president and vice president and governor and lieutenant governor[; and].
770          [(d) if the ballot provides for a ticket or a straight party ticket, the registered political

771     party name.]
772          (5) This section does not apply to:
773          (a) an election for an office for which only one candidate is listed on the ballot; or
774          (b) a judicial retention election under Section 20A-12-201.
775          Section 10. Section 20A-9-406 is amended to read:
776          20A-9-406. Qualified political party -- Requirements and exemptions.
777          The following provisions apply to a qualified political party:
778          (1) the qualified political party shall, no later than 5 p.m. on March 1 of each
779     even-numbered year, certify to the lieutenant governor the identity of one or more registered
780     political parties whose members may vote for the qualified political party's candidates;
781          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
782     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
783     political party;
784          (3) an individual may only seek the nomination of the qualified political party by using
785     a method described in Section 20A-9-407, Section 20A-9-408, or both;
786          (4) the qualified political party shall comply with the provisions of Sections
787     20A-9-407, 20A-9-408, and 20A-9-409;
788          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)[(g)](f), or (2)(a), each election
789     officer shall ensure that a ballot described in Section 20A-6-301 includes each person
790     nominated by a qualified political party:
791          (a) under the qualified political party's name and emblem, if any; or
792          (b) under the title of the qualified registered political party as designated by the
793     qualified political party in the certification described in Subsection (1), or, if none is
794     designated, then under some suitable title;
795          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
796     paper ballots in regular general elections, that each candidate who is nominated by the qualified
797     political party is listed by party;
798          (7) notwithstanding Subsection 20A-6-303(1)[(g)](f), each election officer shall ensure
799     that the party designation of each candidate who is nominated by the qualified political party is
800     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
801          (8) notwithstanding Subsection 20A-6-304(1)[(g)](f), each election officer shall ensure

802     that the party designation of each candidate who is nominated by the qualified political party is
803     displayed adjacent to the candidate's name on an electronic ballot;
804          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
805     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
806     20A-9-408 to run in a regular general election for a federal office, constitutional office,
807     multicounty office, or county office;
808          (10) an individual who is nominated by, or seeking the nomination of, the qualified
809     political party is not required to comply with Subsection 20A-9-201(1)(c);
810          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
811     to have each of the qualified political party's candidates for elective office appear on the
812     primary ballot of the qualified political party with an indication that each candidate is a
813     candidate for the qualified political party;
814          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
815     on the list provided by the lieutenant governor to the county clerks:
816          (a) the names of all candidates of the qualified political party for federal, constitutional,
817     multicounty, and county offices; and
818          (b) the names of unopposed candidates for elective office who have been nominated by
819     the qualified political party and instruct the county clerks to exclude such candidates from the
820     primary-election ballot;
821          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
822     elective office in the regular primary election of the qualified political party is nominated by
823     the party for that office without appearing on the primary ballot; and
824          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
825     20A-9-405, the qualified political party is entitled to have the names of its candidates for
826     elective office featured with party affiliation on the ballot at a regular general election.






Legislative Review Note
Office of Legislative Research and General Counsel