H.B. 104

1

ELECTION LAW COMMISSION
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mary Carlson
5 AN ACT RELATING TO ELECTIONS; ESTABLISHING A STATE ELECTIONS
6 COMMISSION; DEFINING ITS MEMBERSHIP, ITS MEMBER SELECTION
7 PROCEDURES, AND THE COMMISSION'S POWERS AND DUTIES; AND MAKING
8 TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 20A-5-801, Utah Code Annotated 1953
12 20A-5-802, Utah Code Annotated 1953
13 20A-5-803, Utah Code Annotated 1953
14 20A-5-804, Utah Code Annotated 1953
15 20A-5-805, Utah Code Annotated 1953
16 20A-5-806, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 20A-5-801 is enacted to read:
19 20A-5-801. Definition.
20 As used in this chapter, "total constitutional officer vote" means the total number of votes
21 cast statewide in the last gubernatorial election for governor, attorney general, state auditor, and
22 state treasurer, excluding the vote for any candidate who had no opposition.
23 Section 2. Section 20A-5-802 is enacted to read:
24 20A-5-802. Creation.
25 (1) There is created a State Elections Commission.
26 (2) The governor, with the advice and consent of the Senate, shall appoint members to the
27 State Elections Commission as provided in this section.

1 (3) (a) Each political party that received at least 15% of the total constitutional officer vote
2 shall submit a list of at least four nominees to the governor.
3 (b) The governor shall select two commission members from each list of nominees
4 submitted to the governor under this section.
5 (4) (a) At the first commission meeting, the commission shall select one additional
6 commission member by a majority vote.
7 (b) If the commission is unable to select an additional member within 30 days after the
8 first commission meeting, the governor shall replace one member of the commission from each
9 political party represented on the commission in accordance with the procedures established by
10 this chapter.
11 (c) If the new commission fails to reach agreement upon an additional member, the
12 process in Subsection (4)(b) shall continue until an additional commission member is selected.
13 (5) (a) Except as provided in Subsection (5)(b), the governor shall appoint commission
14 members to serve four-year terms.
15 (b) (i) When selecting the initial commission members, the governor shall select 1/2 of
16 the commission members to serve two-year terms and the remaining 1/2 of the commission
17 members to serve four-year terms.
18 (ii) The commission member selected by the commission at the first commission meeting
19 shall serve a four-year term.
20 (c) (i) Commission members shall serve a four-year term unless their position becomes
21 vacant as provided in Section 20A-5-803 or unless they were appointed to a two-year term under
22 Subsection (b).
23 (ii) Commission members may not serve more than two four-year terms.
24 (6) (a) The commission shall elect a chair and vice chair from the commission to serve for
25 a two-year period.
26 (b) The chair and vice chair may not be members of the same political party.
27 (c) The chair may not be a member of the same political party as the preceding chair.
28 (7) A simple majority of the commission is a quorum for the transaction of business.
29 (8) (a) The commission shall meet at least once per quarter.
30 (b) Additional meetings may be called by:
31 (i) the chair of the commission;

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1 (ii) the executive director of the commission; or
2 (iii) a simple majority of the commission members communicating their request for a
3 meeting in writing to the chair.
4 (9) (a) For each meeting that a commission member attends, the commission member shall
5 receive a per diem rate that is equal to the rate legislators receive under Subsection 36-2-2(1).
6 (b) Members may also be reimbursed for expenses incurred in the performance of their
7 official duties as established in this chapter.
8 (10) (a) The commission shall hire an executive director and additional support staff as
9 needed.
10 (b) In conjunction with the Department of Human Resource Management, the commission
11 shall establish job classifications, job descriptions, and salary ranges for the executive director and
12 each staff member.
13 (c) The executive director may be removed from office for any reason at any time by a
14 simple majority vote of the members of the commission.
15 (11) Commission members are not subject to the requirements of Title 67, Chapter 16,
16 Utah Public Officers' and Employees' Ethics Act.
17 Section 3. Section 20A-5-803 is enacted to read:
18 20A-5-803. Commission vacancies.
19 (1) A vacancy occurs on the commission when:
20 (a) the political party of a commission member does not receive at least 15% of the total
21 constitutional officer vote;
22 (b) a commission member resigns from the commission or is otherwise unable to complete
23 his term; or
24 (c) a commission member completes his or her term.
25 (2) (a) Except as provided in Subsection (2)(b), the governor, within 30 days after a
26 vacancy has occurred, shall appoint a member of the same political party as that of the member
27 creating the vacancy to fill the vacancy in accordance with the procedures established in this
28 chapter.
29 (b) (i) When the political party of a commission member does not receive more than 15%
30 of the vote required by Subsection (1)(a), the terms of the commission members of that political
31 party have expired, and those persons are no longer members of the commission.

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1 (ii) The governor may not replace any vacant positions that occur under Subsection (b).
2 Section 4. Section 20A-5-804 is enacted to read:
3 20A-5-804. Adding members to the commission.
4 By the January 31 of the year after each gubernatorial election, the governor shall select
5 two additional nominees to serve on the commission from a list of at least four nominees submitted
6 by the state chair of a political party if the political party:
7 (1) received at least 15% of the total constitutional officer vote; and
8 (2) does not already have a representative on the commission who was appointed by the
9 governor.
10 Section 5. Section 20A-5-805 is enacted to read:
11 20A-5-805. Duties of the State Elections Commission.
12 The State Elections Commission shall:
13 (1) select an additional committee member, within 30 days after each gubernatorial
14 election, to serve on the committee for a four-year term;
15 (2) prepare voter information pamphlets in accordance with Title 20A, Chapter 7, Part 7,
16 Voter Information Pamphlet;
17 (3) issue and revoke lobbyist licenses in accordance with Title 36, Chapter 11, Lobbyist
18 Disclosure and Regulation Act;
19 (4) certify political parties in accordance with Title 20A, Chapter 8, Political Party
20 Formation and Procedures;
21 (5) review and adjudicate complaints and disputes that arise in the election process by
22 following the procedures and requirements of Title 63, Chapter 46b, Administrative Procedures
23 Act;
24 (6) certify to the state central committee of each political party the names of individuals
25 of that political party who have filed a declaration of candidacy with the commission;
26 (7) govern the initiative and referendum process in accordance with Title 20A, Chapter
27 7, Issues Submitted to the Voters;
28 (8) prepare a summary of the financial reports submitted by political parties, political
29 action committees, political issues committees, and corporations in accordance with Title 20A,
30 Chapter 11, Campaign and Financial Reporting Requirements;
31 (9) canvass the return of ballots and publish the results of primaries in accordance with

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1 Title 20A, Chapter 9, Candidate Qualifications and Nominating Procedures;
2 (10) canvass the returns of ballots of general and special elections in accordance with Title
3 20A, Chapter 4, Election Returns and Election Contests;
4 (11) transmit certificates of election in accordance with Title 20A, Chapter 4, Election
5 Returns and Election Contests;
6 (12) canvass petitions for delegates to a convention regarding an amendment to the U.S.
7 Constitution in accordance with Title 20A, Chapter 15, Convention to Ratify Amendments to the
8 Constitution of the United States;
9 (13) comply with the provision of Title 52, Chapter 4, Open and Public Meetings;
10 (14) prepare a written annual report that contains:
11 (a) a list of the registered political parties in Utah;
12 (b) a list of all lobbyists licensed in Utah;
13 (c) a summary of political contributions to and political expenditures of political action
14 committees, political issues committees, and corporations;
15 (d) a summary detailing the total political contributions to and political expenditures of
16 each candidate for:
17 (i) governor;
18 (ii) attorney general;
19 (iii) state auditor; and
20 (iv) state treasurer;
21 (e) a summary detailing the total political contributions to and political expenditures of
22 all candidates for:
23 (i) the Utah House of Representatives; and
24 (ii) the Utah Senate;
25 (f) a list identifying each initiative and referendum that is being circulated for signature;
26 (g) a brief description of any significant regulatory, adjudicative, enforcement, or legal
27 action that the commission undertook or was involved in;
28 (h) a brief description of any rules enacted by the commission since the date of the last
29 report; and
30 (i) any proposed legislation that the commission believes should be considered by the
31 Legislature; and

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1 (15) submit the annual report to the governor and the Interim State and Local Affairs
2 Committee of the Legislature, or its equivalent, by March 1 of each year.
3 Section 6. Section 20A-5-806 is enacted to read:
4 20A-5-806. Duties of the executive director.
5 The executive director shall:
6 (1) provide information and assistance to election officials, candidates, political action
7 committees, political issues committees, lobbyists, and political parties to enable them to comply
8 with the law;
9 (2) provide election information to the public;
10 (3) publish, in pamphlet form, copies of the election laws and distribute copies to each
11 county clerk in accordance with Title 20A, Chapter 1, General Provisions;
12 (4) publish and distribute voter information pamphlets to each county clerk in accordance
13 with Title 20A, Chapter 7, Part 7, Voter Information Pamphlet;
14 (5) serve as the filing office for candidates for the following positions:
15 (a) President, U.S. Senator, U.S. Representative;
16 (b) governor, lieutenant governor, attorney general, state auditor, state treasurer;
17 (c) state school board; and
18 (d) state senator and state representative when that official represents constituents in more
19 than one county;
20 (6) register lobbyists and maintain lobby registration lists in accordance with Title 36,
21 Chapter 11, Lobbyist Disclosure and Regulation Act;
22 (7) maintain election returns and statistics as required by Title 20A, Elections;
23 (8) maintain expenditure records of lobbyists, principals, and government officers on public
24 officials or members of their immediate family in accordance with Title 36, Chapter 11, Lobbyist
25 Disclosure and Regulation Act;
26 (9) register and maintain expenditure records of political action committees, political issue
27 committees, and corporations in accordance with Title 20A, Chapter 11, Campaign and Financial
28 Reporting Requirements;
29 (10) maintain records on candidates and candidate's personal campaign committees in
30 accordance with Title 20A, Chapter 11, Campaign and Financial Reporting Requirements;
31 (11) maintain the official districting maps;

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1 (12) maintain argument papers concerning the adoption of a referendum in accordance
2 with Title 20A, Chapter 7, Issues Submitted to the Voters; and
3 (13) under the direction of the commission, hire additional support staff as required to
4 carry out the duties imposed by this title.
5 Section 7. Transfer of monies.
6 Effective July 1, 1997, the Division of Finance shall transfer from the lieutenant governor's
7 office to the State Election Commission all monies for fiscal year 1997-98 that were appropriated
8 to the office of lieutenant governor for the purposes of administering and carrying out the
9 responsibilities required by this title.




Legislative Review Note
as of 1-28-97 7:49 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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