H.B. 160 Enrolled

ELECTION LAW TECHNICAL AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Mary Carlson
AN ACT RELATING TO ELECTIONS; MODIFYING PROCEDURES FOR FILLING
VACANCIES; CLARIFYING REQUIREMENTS ABOUT RETURN OF ELECTION
DOCUMENTS TO THE COUNTY CLERK; ELIMINATING DUPLICATE
REQUIREMENTS ABOUT ELECTION NOTICE; CLARIFYING DECLARATION OF
CANDIDACY REQUIREMENTS; CLARIFYING PRIMARY ELECTION NOTICE
AND CANDIDATE CERTIFICATION REQUIREMENTS FOR POLITICAL PARTIES;
AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO MAKE MEETING
FACILITIES AVAILABLE TO POLITICAL PARTIES; MAKING TECHNICAL
CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-1-510, as last amended by Chapter 108, Laws of Utah 1994
20A-2-204, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-2-306, as last amended by Chapter 258, Laws of Utah 1996
20A-2-307, as enacted by Chapter 311, Laws of Utah 1994
20A-3-306, as last amended by Chapter 228, Laws of Utah 1993
20A-4-105, as last amended by Chapter 340, Laws of Utah 1995
20A-4-305, as enacted by Chapter 1, Laws of Utah 1993
20A-5-101, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-5-202, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-9-101, as last amended by Chapter 152, Laws of Utah 1995
20A-9-202, as last amended by Chapters 79 and 258, Laws of Utah 1996
20A-9-203, as last amended by Chapter 340, Laws of Utah 1995
20A-9-403, as last amended by Chapter 340, Laws of Utah 1995
ENACTS:

20A-8-402, Utah Code Annotated 1953
REPEALS:
20A-1-301, as last amended by Chapter 2, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-1-510 is amended to read:
20A-1-510. Midterm vacancies in municipal offices.
(1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the office
of municipal executive or member of a municipal legislative body, the municipal legislative body
shall appoint a registered voter in the municipality to fill the unexpired term of the office vacated
until the January following the next municipal election.
(b) Before acting to fill the vacancy, the municipal legislative body shall:
(i) give public notice of the vacancy at least two weeks before the municipal legislative body
meets to fill the vacancy; and
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled; and
(B) the person to whom a person interested in being appointed to fill the vacancy may
submit his name for consideration and any deadline for submitting it.
(c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within 30
days after the vacancy occurs, the municipal legislative body shall vote upon the names that have
been submitted.
(ii) The two persons having the highest number of votes of the municipal legislative body
shall appear before the municipal legislative body and the municipal legislative body shall vote
again.
[(ii)] (iii) If neither candidate receives a majority vote of the municipal legislative body at
that time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
(2) (a) A vacancy in the office of municipal executive or member of a municipal legislative
body shall be filled by an interim appointment, followed by an election to fill a two-year term, if:
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive at

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least 14 days before the deadline for filing for election in an odd-numbered year; and
(ii) two years of the vacated term will remain after the first Monday of January following
the next municipal election.
(b) In appointing an interim replacement, the municipal legislative body shall comply with
the notice requirements of this section.
(3) A member of a municipal legislative body may not participate in any part of the process
established in this section to fill a vacancy if that member is being considered for appointment to
fill the vacancy.
Section 2. Section 20A-2-204 is amended to read:
20A-2-204. Registering to vote when applying for or renewing a driver license.
(1) As used in this section, "voter registration form" means the driver license
application/voter registration form and the driver license renewal/voter registration form required
by Section [20A-2-106] 20A-2-108.
(2) Any citizen who is qualified to vote may register to vote by completing the voter
registration form.
(3) The Driver License Division shall:
(a) assist applicants in completing the voter registration form unless the applicant refuses
assistance;
(b) accept completed forms for transmittal to the appropriate election official;
(c) transmit a copy of each voter registration form to the appropriate election official within
five days after it is received by the division; and
(d) transmit each address change within five days after it is received by the division.
(4) Upon receipt of a correctly completed voter registration form, the county clerk shall:
(a) enter the applicant's name on the list of registered voters for the voting precinct in which
the applicant resides; and
(b) notify the applicant of registration.
(5) (a) If the county clerk receives a correctly completed voter registration form that is dated
less than 20 days before an election, the county clerk shall:

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(i) register the applicant after the next election; and
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
informing the applicant that his registration will not be effective until after the election.
(b) When the county clerk receives any voter registration forms at least seven days before
an election that are dated at least 20 days before the election, the county clerk shall:
(i) process the voter registration forms; and
(ii) record the new voters in the official register and posting list.
(6) If the county clerk determines that a voter registration form received from the Driver
License Division is incorrect because of an error or because it is incomplete, the county clerk shall
mail notice to the person attempting to register, informing him that he has not been registered
because of an error or because the form is incomplete.
Section 3. Section 20A-2-306 is amended to read:
20A-2-306. Removing names from the official register -- Determining and confirming
change of residence.
(1) A county clerk may not remove a voter's name from the official register on the grounds
that the voter has changed residence unless the voter:
(a) confirms in writing that the voter has changed residence to a place outside the county;
or
(b) (i) has not voted in an election during the period beginning on the date of the notice
required by Subsection (3), and ending on the day after the date of the second regular general
election occurring after the date of the notice; and
(ii) has failed to respond to the notice required by Subsection (3).
(2) (a) When a county clerk obtains information that a voter's address has changed and it
appears that the voter still resides within the same county, the county clerk shall:
(i) change the official register to show the voter's new address; and
(ii) send to the voter by forwardable mail the notice required by Subsection (3) printed on
a postage prepaid, preaddressed return form.
(b) When a county clerk obtains information that a voter's address has changed and it

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appears that the voter now resides in a different county, the county clerk shall verify the changed
residence by sending to the voter by forwardable mail the notice required by Subsection (3) printed
on a postage prepaid, preaddressed return form.
(3) Each county clerk shall use substantially the following form to notify voters whose
addresses have changed:
"VOTER REGISTRATION NOTICE
We have been notified that your residence has changed. Please read, complete, and return
this form so that we can update our voter registration records. What is your current street address?
________________________________________________________________________
Street City County State Zip
If you have not changed your residence or have moved but stayed within the same county,
you must complete and return this form to the county clerk so that it is received by the county clerk
no later than 20 days before the date of the election. If you fail to return this form within that time:
- you may be required to show evidence of your address to the election judge before being
allowed to vote in either of the next two regular general elections; or
- if you fail to vote [in either of the next two regular general elections] at least once from the
date this notice was mailed until the passing of two regular general elections, you will no longer be
registered to vote. If you have changed your residence and have moved to a different county in Utah,
you may register to vote by contacting the county clerk in your county.
________________________________________
Signature of Voter"
(4) (a) Except as provided in Subsection (b), the county clerk may not remove the names
of any voters from the official register during the 90 days before a regular primary election and the
90 days before a regular general election.
(b) The county clerk may remove the names of voters from the official register during the
90 days before a regular primary election and the 90 days before a regular general election if:
(i) the voter requests, in writing, that his name be removed; or
(ii) the voter has died.

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(c) (i) After a county clerk mails a notice as required in this section, the clerk may list that
voter as inactive.
(ii) An inactive voter must be allowed to vote, sign petitions, and have all other privileges
of a registered voter.
(iii) A county is not required to send routine mailings to inactive voters and is not required
to count inactive voters when dividing precincts and preparing supplies.
Section 4. Section 20A-2-307 is amended to read:
20A-2-307. County clerks' instructions to election judges.
Each county clerk shall instruct election judges to allow a voter to vote if:
(1) the voter has moved from one address within a voting precinct to another address within
the same voting precinct if the voter affirms the change of address orally or in writing before the
election judges;
(2) the voter was registered to vote in the election judge's voting precinct but has changed
residence to a new voting precinct that is in the same county and congressional district as the
election judge's voting precinct and has not registered to vote in that new voting precinct; [and] or
(3) the official register shows that the voter has moved to a new residence in a different
voting precinct, but the voter affirms, orally or in writing, that the voter still resides in the voting
precinct.
Section 5. Section 20A-3-306 is amended to read:
20A-3-306. Voting ballot -- Returning ballot.
(1) (a) To vote a mail-in absentee ballot, the absentee voter shall:
(i) complete and sign the affidavit on the envelope;
(ii) mark his votes on the absentee ballot;
(iii) place the voted absentee ballot in the envelope;
(iv) securely seal the envelope; and
(v) attach postage and deposit the envelope in the mail or deliver it in person to the election
officer from whom the ballot was obtained.
(b) To vote an absentee ballot in the office of the election officer, the absent voter shall:

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(i) complete and sign the affidavit on the envelope;
(ii) mark his votes on the absent-voter ballot;
(iii) place the voted absent-voter ballot in the envelope;
(iv) securely seal the envelope; and
(v) give the ballot and envelope to the election officer.
(2) An absentee ballot is not valid unless it is:
(a) received at the office of the appropriate election officer before the closing of polls on
election day; or
(b) clearly postmarked [on the day] before election day and received in the office of the
election officer before noon on the day of the official canvass following the election.
Section 6. Section 20A-4-105 is amended to read:
20A-4-105. Standards and requirements for evaluating voter's ballot choices.
(1) Each person counting ballots shall apply the standards and requirements of this section
to resolve any questions that arise as ballots are counted.
(2) If a voter marks more names than there are persons to be elected to an office, or if for
any reason it is impossible to determine the choice of any voter for any office to be filled, the
counter may not count that voter's ballot for that office.
(3) The counter shall count a defective or incomplete mark on any paper ballot if:
(a) it is in the proper place; and
(b) there is no other mark or cross on the paper ballot indicating the voter's intent to vote
other than as indicated by the defective mark.
(4) (a) When the voter has marked the ballot so that it appears that the voter has voted more
than one straight ticket, the election judges may not count any votes for party candidates.
(b) The election judges shall count the remainder of the ballot if it is voted correctly.
(5) A counter may not reject a ballot marked by the voter because of marks on the ballot
other than those marks allowed by this section unless the extraneous marks on a ballot or group of
ballots show an intent by a person or group to mark their ballots so that their ballots can be
identified.

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(6) (a) In counting the ballots, the counters shall give full consideration to the intent of the
voter.
(b) The counters may not invalidate a ballot because of mechanical and technical defects
in voting or failure on the part of the voter to follow strictly the rules for balloting required by
Chapter 3.
(7) The counters may not reject a ballot because of any error in:
(a) stamping or writing any official endorsement; or
(b) delivering the wrong ballots to any polling place.
(8) The counter may not count any paper ballot that does not have the official endorsement
by an election [judge] officer.
(9) If the counter discovers that the name of a candidate voted for is misspelled or that the
initial letters of a candidate's given name are transposed or omitted in part or altogether, the counter
shall count the voter's vote for that candidate if it is apparent that the voter intended to vote for that
candidate.
(10) The counter shall count a vote for the president and the vice president of any political
party as a vote for the presidential electors selected by the political party.
(11) In counting the valid write-in votes, if, by casting a valid write-in vote, a voter has cast
more votes for an office than that voter is entitled to vote for that office, the judges shall count the
valid write-in vote as being the obvious intent of the voter.
Section 7. Section 20A-4-305 is amended to read:
20A-4-305. Delivery of checked official register to county clerk after canvass.
Within ten days after the canvass of a November municipal election, special district election,
bond election, or special election, the clerk or recorder shall transmit the checked official register
and pollbook to the county clerk.
Section 8. Section 20A-5-101 is amended to read:
20A-5-101. Notice of election.
(1) (a) On or before February 1 in each regular general election year [in which a regular
general election will be held], the lieutenant governor shall prepare and transmit a written notice to

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each county clerk [a notice in writing, designating the offices for which candidates are to be elected
in that election.] that:
(a) designates the offices to be filled at the regular general election;
(b) identifies the dates for filing a declaration of candidacy for those offices; and
(c) contains a description of any ballot propositions to be decided by the voters that have
qualified for the ballot as of that date.
[(b)] (2) No later than February 10, each county clerk shall:
[(i)] (a) publish a list of the offices that will be voted on in that election in that county once
in a newspaper published in that county; or
[(ii)] (b) if no newspaper is published in that county:
[(A)] (i) cause a copy of the notice to be posted in a conspicuous place most likely to give
notice of the election to the voters in each voting precinct within the county; and
[(B)] (ii) prepare an affidavit of that posting, showing a copy of the notice and the places
where the notice was posted.
[(2)] (3) Before each election, the election officer shall give written or printed notice of:
(a) the date and place of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct; and
(d) the qualifications for persons to vote in the election.
[(3)] (4) To provide the notice required [in] by Subsection [(1)] (2), the election officer shall
publish the notice at least two days before the election in a newspaper of general circulation
common to the area or in which the election is being held.
Section 9. Section 20A-5-202 is amended to read:
20A-5-202. Satellite registrars -- Duties.
(1) Satellite registrars may administer oaths and affirmations and perform all other acts that
are necessary to fully accomplish the requirements of this part.
(2) A satellite registrar shall register to vote all persons who:
(a) present themselves for registration between 8 a.m. and 8 p.m on:

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(i) the [first] Monday and Tuesday, the seventh and eighth day before the regular primary
election;
(ii) the [first] Monday and Tuesday, the seventh and eighth day before the regular general
election;
(iii) the [first] Monday and Tuesday, the seventh and eighth day before the municipal
primary election in municipalities holding a municipal primary election; and
(iv) the [second] Monday and Tuesday, the seventh and eighth day before the municipal
general election; and
(b) are legally qualified and entitled to vote in that voting precinct on election day.
(3) Each satellite registrar shall:
(a) provide voter registration applications for interested citizens;
(b) have maps available for determining precinct locations;
(c) assist citizens in completing the voter registration form;
(d) review completed voter registration forms to ensure that they are accurate and that the
applicant meets eligibility requirements;
(e) return the official proof of registration form to the voter; and
(f) deliver completed registration forms to the county clerk.
(4) The county clerk shall:
(a) record the new voters into the official register and posting list or prepare an addendum
of new voters for the official register and posting list; and
(b) before election day, deliver the official register, posting list, and addendum, if any, to
the election judges of each voting precinct.
(5) During the time voter registration is being held, satellite registrars may not display any
political signs, posters, or other designations of support for candidates, issues, or political parties
on the premises.
Section 10. Section 20A-8-402 is enacted to read:
20A-8-402. Facilities for political conventions and other political activities.
(1) The legislative bodies of counties, municipalities, and school districts may make meeting

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facilities available to registered political parties, without discrimination, to be used for political party
activities.
(2) If a legislative body chooses to make meeting facilities available, it may establish terms
and conditions for use of those facilities.
Section 11. Section 20A-9-101 is amended to read:
20A-9-101. Definitions.
As used in this chapter:
(1) (a) "Candidates for elective office" means persons selected by a registered political party
as party candidates to run in a regular general election.
(b) "Candidates for elective office" does not mean candidates for:
(i) justice or judge of court of record or not of record;
(ii) presidential elector;
(iii) any political party offices; and
(iv) municipal or special district offices.
(2) "Constitutional office" means the state offices of governor, lieutenant governor, attorney
general, state auditor, and state treasurer.
(3) (a) "County office" means an elective office where the office holder is selected by voters
entirely within one county.
(b) "County office" does not mean:
(i) the office of justice or judge of any court of record or not of record;
(ii) the office of presidential elector;
(iii) any political party offices;
(iv) any municipal or special district offices; and
(v) the office of United States Senator and United States Representative.
(4) "Federal office" means an elective office for United States Senator and United States
Representative.
(5) "Filing officer" means:
(a) the lieutenant governor, for:

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(i) offices whose political division contains territory in two or more counties; [and]
(ii) the office of United States Senator and United States Representative; and
(iii) all constitutional offices;
(b) the county clerk, for county offices and local school district offices;
(c) the city or town clerk, for municipal offices; and
(d) the special district clerk, for special district offices.
(6) "Local government office" includes county offices, municipal offices, and special district
offices and other elective offices selected by the voters from a political division entirely within one
county.
(7) (a) "Multi-county office" means an elective office where the office holder is selected by
the voters from more than one county.
(b) "Multi-county office" does not mean:
(i) a county office;
(ii) a federal office;
(iii) the office of justice or judge of any court of record or not of record;
(iv) the office of presidential elector;
(v) any political party offices; and
(vi) any municipal or special district offices.
(8) "Municipal office" means an elective office in a municipality.
(9) (a) "Political division" means a geographic unit from which an office holder is elected
and that an office holder represents.
(b) "Political division" includes a county, a city, a town, a special district, a school district,
a legislative district, and a county prosecution district.
(10) "Special district office" means an elected office in a special district.
Section 12. Section 20A-9-202 is amended to read:
20A-9-202. Declarations of candidacy for regular general elections -- Requirements
for candidates.
(1) (a) Each person seeking to become a candidate for elective office for any county office

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that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the county clerk between the March 7 and
before 5 p.m. on the March 17 before the next regular general election; and
(ii) pay the filing fee.
(b) Each person intending to become a candidate for any multi-county office that is to be
filled at the next regular general election shall:
(i) file a declaration of candidacy in person with either the lieutenant governor or the county
clerk in the candidate's county of residence between the March 7 and before 5 p.m. on the March
17 before the next regular general election; and
(ii) pay the filing fee.
(c) (i) Each county clerk who receives a declaration of candidacy from a candidate for
multi-county office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after it is filed.
(ii) Each day during the filing period, each county clerk shall notify the lieutenant governor
electronically or by telephone of legislative candidates who have filed in their office.
(d) Each person seeking to become a candidate for elective office for any federal office or
constitutional office that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the lieutenant governor between the March
7 and before 5 p.m. on the March 17 before the next regular general election; and
(ii) pay the filing fee.
(e) Each person seeking the office of lieutenant governor, the office of district attorney, or
the office of President or Vice President of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney within
a multicounty prosecution district that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district between the March 7 and before 5 p.m. on the March 17 before the
next regular general election; and

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(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the prosecution
district a certified copy of each declaration of candidacy filed for the office of district attorney.
(3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor; and
(ii) pay the filing fee.
(b) (i) Any candidate for lieutenant governor who fails to file within five working days is
disqualified.
(ii) If a lieutenant governor is disqualified, another candidate shall be nominated to replace
the disqualified candidate.
(4) Candidates for the offices of President and Vice President of the United States shall file
a declaration of candidacy with the lieutenant governor not later than 5 p.m. on the August 30 before
the regular general election.
(5) (a) A declaration of candidacy filed under this section is valid unless a written objection
is filed with the clerk or lieutenant governor within five days after the last day for filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate immediately;
and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is sustained
or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable by
a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of
its discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by filing

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a written affidavit with the clerk.
Section 13. Section 20A-9-203 is amended to read:
20A-9-203. Declarations of candidacy -- Municipal general elections.
(1) A person may become a candidate for any municipal office if the person is a registered
voter and:
(a) the person has resided within the municipality in which that person seeks to hold elective
office for the 12 consecutive months immediately before the date of the election; or
(b) if the territory in which the person resides was annexed into the municipality, the person
has resided within the annexed territory or the municipality for 12 months.
(2) (a) Each person seeking to become a candidate for a municipal office shall file a
declaration of candidacy in person with the clerk not earlier than 90 days before the primary
election date and not later than the sixth Tuesday before the primary election date and pay the fee,
if one is required by municipal ordinance.
(b) Any resident of a municipality may nominate a candidate for a municipal office by:
(i) filing a nomination petition with the clerk not later than the sixth Tuesday before the
primary election date; and
(ii) paying the fee, if one is required by municipal ordinance.
(3) The declaration of candidacy shall substantially comply with the following form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
registered voter; and that I am a candidate for the office of ____ (stating the term). I request that
my name be printed upon the applicable official ballots. (Signed) _______________
Subscribed and sworn to (or affirmed) before me by ____ on this ____ day of ____, 19__.
(Signed) _______________ (Clerk or Notary Public)"
(4) (a) Any registered voter may be nominated for municipal office by submitting a petition
signed by:
(i) 25 residents of the municipality who are at least 18 years old; or
(ii) 20% of the residents of the municipality who are at least 18 years old.

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(b) (i) The petition shall substantially conform to the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality) being 18 years old or older nominate
(name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
(ii) The remainder of the petition shall contain lines and columns for the signatures of
persons signing the petition and their addresses and telephone numbers.
(c) If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two or four-year term, the clerk shall consider the nomination to be for the
four-year term.
(d) (i) The clerk shall verify with the county clerk that all candidates are registered voters.
(ii) Any candidate who is not registered to vote is disqualified and the clerk may not print
the candidate's name on the ballot.
(5) Immediately after expiration of the period for filing a declaration of candidacy, the clerk
shall:
(a) cause the names of the candidates as they will appear on the ballot to be published in at
least two successive publications of a newspaper with general circulation in the municipality: and
(b) notify the lieutenant governor of the names of the candidates as they will appear on the
ballot.
(6) (a) A declaration of candidacy or nomination petition filed under this section is valid
unless a written objection is filed with the clerk within five days after the last day for filing.
(b) If an objection is made, the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate immediately;
and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk sustains the objection, the candidate may correct the problem by amending
the declaration or petition within three days after the objection is sustained or by filing a new
declaration within three days after the objection is sustained.
(d) (i) The clerk's decision upon objections to form is final.

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(ii) The clerk's decision upon substantive matters is reviewable by a district court if prompt
application is made to the district court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of
its discretion, agrees to review the lower court decision.
(7) Any person who filed a declaration of candidacy and was nominated, and any person
who was nominated by a nomination petition, may, any time up to 23 days before the election,
withdraw the nomination by filing a written affidavit with the clerk.
Section 14. Section 20A-9-403 is amended to read:
20A-9-403. Regular primary elections.
(1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
primary election day.
(b) Each registered political party that chooses to use the primary election process to
nominate some or all of its candidates shall comply with the requirements of this section.
(2) (a) (i) Each registered political party that wishes to participate in the primary election
shall submit the names of its county candidates to the county clerks and the names of its statewide
or multicounty candidates to the lieutenant governor by 5 p.m. on May [20] 13 of each
even-numbered year.
(ii) By 5 p.m. on May [14] 16 of each even-numbered year, the lieutenant governor shall
send the county clerks a certified list of the names of all statewide or multicounty candidates that
must be printed on the primary ballot.
(b) If a registered political party does not wish to participate in the primary election, it shall
submit the names of its county candidates to the county clerks and the names of its statewide or
multicounty candidates to the lieutenant governor by 5 p.m. on [August 15] May 30 of each
even-numbered year.
(c) Each political party shall certify the names of its presidential and vice-presidential
candidates and presidential electors to the lieutenant governor's office by August 30 of each
presidential election year.
(3) The county clerk shall:

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(a) review the declarations of candidacy filed by candidates for local boards of education
to determine if more than two candidates have filed for the same seat;
(b) place the names of all candidates who have filed a declaration of candidacy for a local
board of education seat on the nonpartisan section of the ballot if more than two candidates have
filed for the same seat; and
(c) conduct a lottery to determine the order of the candidates' names on the ballot.
(4) After the county clerk receives the certified list from a registered political party, the
county clerk shall post or publish a primary election notice in substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____, 19__, to nominate
party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling
place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m.
of the same day. Attest: county clerk".
(5) (a) Candidates receiving the highest number of votes cast for each office at the regular
primary election are nominated by their party or nonpartisan group for that office.
(b) If two or more candidates are to be elected to the office at the regular general election,
those party candidates equal in number to positions to be filled who receive the highest number of
votes at the regular primary election are the nominees of their party for those positions.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other office
that represents more than one county, the governor, lieutenant governor, and attorney general shall,
at a public meeting called by the governor and in the presence of the candidates involved, select the
nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district court
judges of the district in which the county is located shall, at a public meeting called by the judges
and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
election provided for by this section, and all expenses necessarily incurred in the preparation for or
the conduct of that primary election shall be paid out of the treasury of the county or state, in the

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same manner as for the regular general elections.
Section 15. Repealer.
This act repeals:
Section 20A-1-301, Designating offices to be filled -- Publishing or posting of notice.
Section 16. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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