1     
POLL LOCATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill allows an election officer to establish an early voting polling place or an
10     election day voting center after certain statutory deadlines.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an election officer to establish an early voting center or an election day
14     voting center after certain statutory deadlines have passed if certain conditions are
15     met;
16          ▸     amends requirements for an election notice, and the voter information pamphlet,
17     regarding certain polling location information; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          11-14-202, as last amended by Laws of Utah 2014, Chapter 325
26          20A-3-603, as last amended by Laws of Utah 2013, Chapter 182
27          20A-3-604, as last amended by Laws of Utah 2013, Chapter 182

28          20A-3-703, as enacted by Laws of Utah 2011, Chapter 291
29          20A-5-101, as last amended by Laws of Utah 2016, Chapter 23
30          20A-7-702, as last amended by Laws of Utah 2016, Chapter 348
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 11-14-202 is amended to read:
34          11-14-202. Notice of election -- Contents -- Publication -- Mailing.
35          (1) The governing body shall ensure that notice of the election is provided:
36          (a) once per week during three consecutive weeks by publication in a newspaper
37     having general circulation in the local political subdivision in accordance with Section
38     11-14-316, the first publication occurring not less than 21 nor more than 35 days before the
39     election;
40          (b) on a website, if available, in accordance with Section 45-1-101 for the three weeks
41     that immediately precede the election; and
42          (c) in a local political subdivision where there is no newspaper of general circulation,
43     by posting notice of the bond election in at least five public places in the local political
44     subdivision at least 21 days before the election.
45          (2) When the debt service on the bonds to be issued will increase the property tax
46     imposed upon the average value of a residence by an amount that is greater than or equal to $15
47     per year, the governing body shall prepare and mail either a voter information pamphlet or a
48     notification described in Subsection (6):
49          (a) at least 15 days but not more than 45 days before the bond election;
50          (b) to each household containing a registered voter who is eligible to vote on the
51     bonds; and
52          (c) that includes the information required by Subsections (3) and (4).
53          [(3) The notice and voter information pamphlet required by this section]
54          (3) (a) Except as provided in Subsection (3)(b), the notice described in Subsection (1)
55     shall include:
56          [(a)] (i) the date [and place] of the election;
57          [(b)] (ii) the hours during which the polls will be open; [and]
58          (iii) the location of each polling place or the address of a website that lists the location

59     of each polling place; and
60          [(c)] (iv) the title and text of the ballot proposition.
61          (b) The notice described in Subsection (3)(a) is not required to include information
62     regarding an additional:
63          (i) early voting polling place designated, for which notice is provided in accordance
64     with Subsection 20A-3-603(2); or
65          (ii) election day voting center designated for which notice is provided, in accordance
66     with Subsection 20A-3-703(2).
67          (4) The voter information pamphlet required by this section shall include:
68          (a) the information required by Subsection (3); and
69          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
70     which may be based on information the governing body determines to be useful, including:
71          (i) expected debt service on the bonds to be issued;
72          (ii) a description of the purpose, remaining principal balance, and maturity date of any
73     outstanding general obligation bonds of the issuer;
74          (iii) funds other than property taxes available to pay debt service on general obligation
75     bonds;
76          (iv) timing of expenditures of bond proceeds;
77          (v) property values; and
78          (vi) any additional information that the governing body determines may be useful to
79     explain the property tax impact of issuance of the bonds.
80          (5) The governing body shall pay the costs associated with the notice required by this
81     section.
82          (6) (a) The governing body may mail a notice printed on a postage prepaid,
83     preaddressed return form that a person may use to request delivery of a voter information
84     pamphlet by mail.
85          (b) The notice described in Subsection (6)(a) shall include:
86          (i) the website upon which the voter information pamphlet is available; and
87          (ii) the phone number a voter may call to request delivery of a voter information
88     pamphlet by mail.
89          (7) A local school board shall comply with the voter information pamphlet

90     requirements described in Section 53A-18-102.
91          Section 2. Section 20A-3-603 is amended to read:
92          20A-3-603. Early voting polling places.
93          (1) Except as provided in Section 20A-1-308, the election officer shall designate one or
94     more polling places for early voting, provided that:
95          (a) at least one polling place is open on each day that polls are open during the early
96     voting period;
97          (b) each polling place meets the requirements for polling places under Chapter 5,
98     Election Administration;
99          (c) for all elections other than local special elections, municipal primary elections, and
100     municipal general elections, at least 10% of the voting devices at a polling place are accessible
101     for individuals with disabilities in accordance with Public Law 107-252, the Help America
102     Vote Act of 2002; and
103          (d) each polling place is located in a government building or office, unless the election
104     officer determines that, in the area designated by the election officer, there is no government
105     building or office available that:
106          (i) can be scheduled for use during early voting hours;
107          (ii) has the physical facilities necessary to accommodate early voting requirements;
108          (iii) has adequate space for voting equipment, poll workers, and voters; and
109          (iv) has adequate security, public accessibility, and parking.
110          (2) (a) Except as provided in Section 20A-1-308, [in the event] if the election officer
111     determines, after the deadline described in Section 20A-3-604, that the number of early voting
112     polling places is insufficient [due to the number of registered voters who are voting], the
113     election officer may designate additional early voting polling places [during the early voting
114     period].
115          (b) Except as provided in Section 20A-1-308, if an additional early voting polling place
116     is designated under Subsection (2)(a), the election officer shall, as soon as is reasonably
117     possible, give notice of the designation and the dates, times, and location of the [additional]
118     polling place [by]:
119          [(i) publishing the notice:]
120          [(A) in one issue of a newspaper of general circulation in the county; and]

121          [(B) as required in Section 45-1-101; and]
122          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
123     Information Website;
124          (ii) on the election officer's website, if available; and
125          [(ii)] (iii) by posting [the] a notice at the additional polling place.
126          (3) Except as provided in Section 20A-1-308, for each regular general election and
127     regular primary election, counties of the first class shall ensure that the early voting polling
128     places are approximately proportionately distributed based on population within the county.
129          Section 3. Section 20A-3-604 is amended to read:
130          20A-3-604. Notice of time and place of early voting.
131          Except as provided in Section 20A-1-308 or Subsection 20A-3-603(2), the election
132     officer shall, at least five days before the day on which early voting begins, give notice of the
133     dates, times, and locations of early voting by:
134          (1) publishing the notice:
135          (a) in one issue of a newspaper of general circulation in the county [at least five
136     calendar days before the date that early voting begins]; and
137          (b) in accordance with Section 45-1-101[, at least five calendar days before the date
138     that early voting begins]; and
139          (2) posting the notice at each early voting polling place [at least five calendar days
140     before the date early voting begins].
141          Section 4. Section 20A-3-703 is amended to read:
142          20A-3-703. Election day voting centers as polling places -- Location --
143     Notification.
144          (1) The election officer may designate [one or more polling places] a polling place as
145     an election day voting center if:
146          [(1)] (a) except as provided in Subsection (2), the election officer notifies the lieutenant
147     governor of the designation and location of [an election day voting center] the polling place at
148     least 15 days before the election;
149          [(2) a] (b) the polling place meets the requirements for a polling place under Chapter
150     5, Election Administration; and
151          [(3) a] (c) the polling place is located in a government building or office, unless the

152     election officer determines that there is no government building or office available, in the area
153     designated by the election officer, that:
154          [(a)] (i) can be scheduled for use during election day voting hours;
155          [(b)] (ii) has the physical facilities necessary to accommodate election day voting
156     requirements;
157          [(c)] (iii) has adequate space for voting equipment, poll workers, and voters; and
158          [(d)] (iv) has adequate security, public accessibility, and parking.
159          (2) (a) An election officer may designate a polling place as an election day voting
160     center after the deadline described in Subsection (1)(a) if, after the deadline described in
161     Subsection (1)(a), the election officer determines that there will be an insufficient number of
162     election day voting centers.
163          (b) An election officer who designates a polling place as an election day voting center
164     under Subsection (2)(a) shall provide notice of the designation and location of the polling place
165     as soon as reasonably possible:
166          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
167     Information Website;
168          (ii) on the election officer's website, if available; and
169          (iii) by posting a notice at the polling place.
170          Section 5. Section 20A-5-101 is amended to read:
171          20A-5-101. Notice of election.
172          (1) On or before November 15 in the year before each regular general election year, the
173     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
174          (a) designates the offices to be filled at the next year's regular general election;
175          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
176     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
177     and 20A-9-408 for those offices;
178          (c) includes the master ballot position list for the next year and the year following as
179     established under Section 20A-6-305; and
180          (d) contains a description of any ballot propositions to be decided by the voters that
181     have qualified for the ballot as of that date.
182          (2) (a) No later than seven business days after the day on which the lieutenant governor

183     transmits the written notice described in Subsection (1), each county clerk shall:
184          (i) publish a notice:
185          (A) once in a newspaper published in that county; and
186          (B) as required in Section 45-1-101; or
187          (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
188     give notice of the election to the voters in each voting precinct within the county; and
189          (B) prepare an affidavit of that posting, showing a copy of the notice and the places
190     where the notice was posted.
191          (b) The notice required by Subsection (2)(a) shall:
192          (i) designate the offices to be voted on in that election; and
193          (ii) identify the dates for filing a declaration of candidacy for those offices.
194          (3) Before each election, the election officer shall give printed notice of the following
195     information, or printed notice of a website where the following information can be obtained:
196          (a) the date [and place] of election;
197          (b) the hours during which the polls will be open;
198          (c) the polling places for each voting precinct;
199          (d) (i) [an] the location of each early voting polling place designated under Subsection
200     20A-3-603(1) and each election day voting center designated under [Section] Subsection
201     20A-3-703(1); and
202          (ii) the address of a website where any additional polling places, designated under
203     Subsection 20A-3-603(2) or 20A-3-703(2), will be posted; and
204          (e) the qualifications for persons to vote in the election.
205          (4) To provide the printed notice described in Subsection (3), the election officer shall:
206          (a) publish the notice at least two days before election day:
207          (i) in a newspaper of general circulation common to the area to which the election
208     pertains; and
209          (ii) as required in Section 45-1-101; or
210          (b) mail the notice to each registered voter who resides in the area to which the election
211     pertains at least five days before election day.
212          Section 6. Section 20A-7-702 is amended to read:
213          20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.

214          (1) The lieutenant governor shall ensure that all information submitted for publication
215     in the voter information pamphlet is:
216          (a) printed and bound in a single pamphlet;
217          (b) printed in clear readable type, no less than 10 point, except that the text of any
218     measure may be set forth in eight-point type; and
219          (c) printed on a quality and weight of paper that best serves the voters.
220          (2) The voter information pamphlet shall contain the following items in this order:
221          (a) a cover title page;
222          (b) an introduction to the pamphlet by the lieutenant governor;
223          (c) a table of contents;
224          (d) a list of all candidates for constitutional offices;
225          (e) a list of candidates for each legislative district;
226          (f) a 100-word statement of qualifications for each candidate for the office of governor,
227     lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
228     candidate to the lieutenant governor's office before 5 p.m. on the date that falls 105 days before
229     the date of the election;
230          (g) information pertaining to all measures to be submitted to the voters, beginning a
231     new page for each measure and containing, in the following order for each measure:
232          (i) a copy of the number and ballot title of the measure;
233          (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
234     the Legislature or by referendum;
235          (iii) the impartial analysis of the measure prepared by the Office of Legislative
236     Research and General Counsel;
237          (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
238     measure, the arguments against the measure, and the rebuttal to the arguments against the
239     measure, with the name and title of the authors at the end of each argument or rebuttal;
240          (v) for each constitutional amendment, a complete copy of the text of the constitutional
241     amendment, with all new language underlined, and all deleted language placed within brackets;
242          (vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
243     lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
244     20A-7-202.5; and

245          (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
246     being submitted to the voters for their approval or rejection, with all new language underlined
247     and all deleted language placed within brackets, as applicable;
248          (h) a description provided by the Judicial Performance Evaluation Commission of the
249     selection and retention process for judges, including, in the following order:
250          (i) a description of the judicial selection process;
251          (ii) a description of the judicial performance evaluation process;
252          (iii) a description of the judicial retention election process;
253          (iv) a list of the criteria of the judicial performance evaluation and the minimum
254     performance standards;
255          (v) the names of the judges standing for retention election; and
256          (vi) for each judge:
257          (A) a list of the counties in which the judge is subject to retention election;
258          (B) a short biography of professional qualifications and a recent photograph;
259          (C) a narrative concerning the judge's performance;
260          (D) for each standard of performance, a statement identifying whether or not the judge
261     met the standard and, if not, the manner in which the judge failed to meet the standard;
262          (E) a statement identifying whether or not the Judicial Performance Evaluation
263     Commission recommends the judge be retained or declines to make a recommendation and the
264     number of votes for and against the commission's recommendation;
265          (F) any statement provided by a judge who is not recommended for retention by the
266     Judicial Performance Evaluation Commission under Section 78A-12-203;
267          (G) in a bar graph, the average of responses to each survey category, displayed with an
268     identification of the minimum acceptable score as set by Section 78A-12-205 and the average
269     score of all judges of the same court level; and
270          (H) a website address that contains the Judicial Performance Evaluation Commission's
271     report on the judge's performance evaluation;
272          (i) for each judge, a statement provided by the Utah Supreme Court identifying the
273     cumulative number of informal reprimands, when consented to by the judge in accordance with
274     Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
275     censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article

276     VIII, Section 13, during the judge's current term and the immediately preceding term, and a
277     detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
278     that the judge has received;
279          (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
280     indicating the ballot marking procedure used by each county and explaining how to mark the
281     ballot for each procedure;
282          (k) voter registration information, including information on how to obtain an absentee
283     ballot;
284          (l) a list of all county clerks' offices and phone numbers; [and]
285          (m) a statement indicating that the location of any additional early voting polling place
286     designated under Subsection 20A-3-603(2) or election day voting center designated under
287     Subsection 20A-3-703(2) will be posted on the Statewide Electronic Voter Information
288     Website; and
289          [(m)] (n) on the back cover page, a printed copy of the following statement signed by
290     the lieutenant governor:
291          "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
292     measures contained in this pamphlet will be submitted to the voters of Utah at the election to
293     be held throughout the state on ____ (date of election), and that this pamphlet is complete and
294     correct according to law.
295     SEAL
296          Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
297     of ____ (month), ____ (year)
298     
(signed) ____________________________________

299     
Lieutenant Governor"

300          (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
301     commences, the lieutenant governor shall:
302          (a) (i) distribute one copy of the voter information pamphlet to each household within
303     the state;
304          (ii) distribute to each household within the state a notice:
305          (A) printed on a postage prepaid, preaddressed return form that a person may use to
306     request delivery of a voter information pamphlet by mail;

307          (B) that states the address of the Statewide Electronic Voter Information Website
308     authorized by Section 20A-7-801; and
309          (C) that states the phone number a voter may call to request delivery of a voter
310     information pamphlet by mail; or
311          (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
312     every newspaper of general circulation in the state;
313          (b) ensure that a sufficient number of printed voter information pamphlets are available
314     for distribution as required by this section;
315          (c) provide voter information pamphlets to each county clerk for free distribution upon
316     request and for placement at polling places; and
317          (d) ensure that the distribution of the voter information pamphlets is completed 15 days
318     before the election.
319          (4) The lieutenant governor may distribute a voter information pamphlet at a location
320     frequented by a person who cannot easily access the Statewide Electronic Voter Information
321     Website authorized by Section 20A-7-801.






Legislative Review Note
Office of Legislative Research and General Counsel