H.B. 161

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MUNICIPAL ELECTION AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jordan Tanner
5 AN ACT RELATING TO MUNICIPAL ELECTIONS; CLARIFYING CAMPAIGN
6 FINANCIAL DISCLOSURE REQUIREMENTS; CLARIFYING DECLARATION OF
7 CANDIDACY REQUIREMENTS AND PROCEDURES; EXPANDING
8 PREQUALIFICATION REQUIREMENTS FOR WRITE-IN CANDIDATES; CLARIFYING
9 A LOCAL GOVERNMENT'S POWER TO REGULATE ELECTIONEERING NEAR
10 POLLING PLACES; CLARIFYING CERTAIN REQUIREMENTS FOR ELECTION
11 JUDGES; AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 10-3-208, as last amended by Chapter 258, Laws of Utah 1996
15 17A-1-305, as last amended by Chapter 138, Laws of Utah 1996
16 20A-3-501, as last amended by Chapter 2, Laws of Utah 1994
17 20A-5-602, as last amended by Chapter 21, Laws of Utah 1994
18 20A-9-203, as last amended by Chapter 340, Laws of Utah 1995
19 20A-9-601, as last amended by Chapters 152 and 340, Laws of Utah 1995
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 10-3-208 is amended to read:
22 10-3-208. Campaign financial disclosure in municipal elections.
23 (1) (a) By August 1, 1995, each first and second class city and each third class city having
24 a population of 10,000 or more shall adopt an ordinance establishing campaign finance disclosure
25 requirements for candidates for city office.
26 (b) The ordinance shall include:
27 (i) a requirement that each candidate for municipal office report his itemized and total

1 campaign contributions and expenditures at least once [within the two weeks] seven days before
2 the municipal general election and at least once [within two months] 30 days after the municipal
3 general election;
4 (ii) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary
5 contributions such as in-kind contributions and contributions of tangible things; and
6 (iii) a requirement that the financial reports identify:
7 (A) for each contribution of more than $50, the name of the donor of the contribution and
8 the amount of the contribution; and
9 (B) for each expenditure, the name of the recipient and the amount of the expenditure.
10 (2) (a) Except as provided in Subsection (b), if any first or second class city, or any third
11 class city having a population of 10,000 or more, fails to adopt a campaign finance disclosure
12 ordinance by August 1, 1995, candidates for office in those cities shall comply with the financial
13 reporting requirements contained in Subsections (3) through (6).
14 (b) If, after August 1, 1995, a first or second class city or third class city having a
15 population of 10,000 or more adopts a campaign finance disclosure ordinance that meets the
16 requirements of Subsection (1), that city need not comply with the requirements of Subsections
17 (3) through (6).
18 (3) If there is no municipal ordinance meeting the requirements of this section, each
19 candidate for elective office in any first or second class city, or third class city having a population
20 of 10,000 or more, shall file a signed campaign financial statement with the city recorder:
21 (a) seven days before the date of the municipal general election, reporting each
22 contribution of more than $50 and each expenditure as of ten days before the date of the municipal
23 general election; and
24 (b) no later than 30 days after the date of the municipal general election.
25 (4) (a) The statement filed seven days before the municipal general election shall include:
26 (i) a list of each contribution of more than $50 received by the candidate, and the name
27 of the donor;
28 (ii) an aggregate total of all contributions of $50 or less received by the candidate; and
29 (iii) a list of each expenditure for political purposes made during the campaign period, and
30 the recipient of each expenditure.
31 (b) The statement filed 30 days after the municipal general election shall include:

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1 (i) a list of each contribution of more than $50 received after the cutoff date for the
2 statement filed seven days before the election, and the name of the donor;
3 (ii) an aggregate total of all contributions of $50 or less received by the candidate after the
4 cutoff date for the statement filed seven days before the election; and
5 (iii) a list of all expenditures for political purposes made by the candidate after the cutoff
6 date for the statement filed seven days before the election, and the recipient of each expenditure.
7 (5) Candidates for elective office in any first or second class city, or any third class city
8 having a population of 10,000 or more, who are eliminated at a primary election shall file a signed
9 campaign financial statement containing the information required by this section not later than 30
10 days after the primary election.
11 (6) Any person who fails to comply with this section is guilty of an infraction.
12 (7) Cities may, by ordinance, enact requirements that:
13 (a) require greater disclosure of campaign contributions and expenditures; and
14 (b) impose additional penalties.
15 Section 2. Section 17A-1-305 is amended to read:
16 17A-1-305. Special District Board -- Election procedures.
17 (1) Any elected board member shall be selected as provided in this section.
18 (2) (a) The election for members of the special district board shall be held on the same day
19 as the municipal election.
20 (b) (i) The special district board shall fix the polling places for the election.
21 (ii) If appropriate, the special district board may consolidate voting districts or ballots with
22 the municipal governing body.
23 (3) (a) To become a candidate for an elective special district board position, the
24 prospective candidate shall file a declaration of candidacy with the special district [not later than
25 5 p.m. on the sixth Tuesday] between the August 1 and August 15 before the November municipal
26 election date.
27 (b) (i) The declaration of candidacy shall substantially comply with the following form:
28 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
29 ____________, City of , County of , State of Utah, (Zip Code) ______, (Telephone Number,
30 if any)____________; that I am a registered voter and qualified elector of the special district; that
31 I am a candidate for the office of ____________(stating the term) to be voted upon at the

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1 November municipal election to be held on Tuesday, the ______ day of November, 19____, and
2 I hereby request that my name be printed upon the official ballot for that election.
3 (Signed) _________________________________________
4 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
5 ____________, 19 ____.
6 (Signed) ________________________
7 (Clerk or Notary Public)"
8 (ii) If at least one person does not file a declaration of candidacy as required by this
9 section, a person shall be appointed to fill that board position by following the procedures and
10 requirements for appointment established in Section 20A-1-512.
11 (4) There shall be no primary election.
12 (5) (a) The special district board shall:
13 (i) provide election supplies; and
14 (ii) appoint election judges before election day.
15 (b) At least one day before the election, and without expense to the special district, the
16 county clerk shall provide the special district clerk with a certified list of registered voters who:
17 (i) reside in the special district; and
18 (ii) are entitled to vote.
19 (6) (a) The special district board shall prescribe the form of ballot for the special district
20 board election.
21 (b) The ballot shall be a nonpartisan format.
22 (7) (a) Only qualified electors of the special district who are registered to vote and who
23 are entitled to vote may vote.
24 (b) Each voter may vote for as many candidates as there are offices to be filled.
25 (c) The candidates who receive the highest number of votes are elected.
26 (8) Except as otherwise provided by this section, the election of special district board
27 members is governed by Title 20A, Election Code.
28 (9) (a) A person elected to serve on a special district board shall serve a four-year term,
29 beginning on the January 1 after the person's election.
30 (b) A person elected shall be sworn in as soon as practical after January 1.
31 (10) The term of a person serving on a special district board as of April 29, 1991, whose

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1 election falls on an even-numbered year is extended one year so that the person's election will be
2 on the next November election day in an odd-numbered year.
3 (11) (a) If the application of Subsection (10) causes a disproportionate number of elected
4 and appointed terms to expire at the same time, or if for any other reason a disproportionate
5 number of positions expire at the same time, a number of elected terms shall be extended to
6 January 1 following the next municipal election, or, in the case of appointed terms, a number of
7 appointed terms shall be extended to January 1 following the normal expiration of appointed terms,
8 to equalize, to the extent possible, the number of board positions expiring at the same time.
9 (b) The board member whose term is to be extended shall be determined by lot.
10 (c) After this apportionment has taken place, all board terms shall be four years.
11 Section 3. Section 20A-3-501 is amended to read:
12 20A-3-501. Polling place -- Prohibited activities.
13 (1) As used in this section, "electioneering" includes any oral, printed, or written attempt
14 to persuade persons to refrain from voting or to vote for or vote against any candidate or issue.
15 (2) (a) On the day of any election, within a polling place or in any public area within 150
16 feet of the building where a polling place is located, a person may not:
17 [(a)] (i) do any electioneering;
18 [(b)] (ii) circulate cards or handbills of any kind;
19 [(c)] (iii) solicit signatures to any kind of petition; or
20 [(d)] (iv) engage in any practice that interferes with the freedom of voters to vote or
21 disrupts the administration of the polling place.
22 (b) A county, municipality, school district, or special district may not prohibit
23 electioneering that occurs more than 150 feet from a polling place, but may regulate the place and
24 manner of that electioneering to protect the public safety.
25 (3) (a) A person may not obstruct the doors or entries to a building in which a polling place
26 is located or prevent free access to and from any polling place.
27 (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
28 obstruction of the entrance to a polling place and may arrest any person creating an obstruction.
29 (4) A person may not:
30 (a) remove any ballot from the polling place before the closing of the polls, except as
31 provided in Section 20A-4-101; or

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1 (b) solicit any voter to show his ballot.
2 (5) A person may not receive a voted ballot from any voter or deliver an unused ballot to
3 a voter unless that person is an election judge.
4 (6) Any person who violates any provision of this section is guilty of a class A
5 misdemeanor.
6 (7) A political subdivision may not prohibit political signs that are located more than 150
7 feet away from a polling place, but may regulate their placement to protect public safety.
8 Section 4. Section 20A-5-602 is amended to read:
9 20A-5-602. Election judges -- Appointment for local elections.
10 (1) At least 15 days before the date scheduled for any local election, the municipal
11 legislative body or special district board shall appoint or provide for the appointment of:
12 (a) in jurisdictions using paper ballots:
13 (i) three registered voters from their jurisdiction to serve as election judges for each voting
14 precinct when the ballots will be counted after the polls close; or
15 (ii) three registered voters from their jurisdiction to serve as receiving judges in each
16 voting precinct and three registered voters from their jurisdiction to serve as counting judges in
17 each voting precinct when ballots will be counted throughout election day;
18 (b) in jurisdictions using automated tabulating equipment, three registered voters from
19 their jurisdiction to serve as election judges for each voting precinct;
20 (c) in jurisdictions using voting machines, four registered voters from their jurisdiction to
21 serve as election judges for each voting precinct; and
22 (d) in all jurisdictions:
23 (i) at least one registered voter from their jurisdiction to serve as canvassing judge, if
24 necessary; and
25 (ii) as many alternate judges as needed to replace appointed judges who are unable to
26 serve.
27 (2) The municipal legislative body and special district board may not appoint any
28 candidate's parent, sibling, spouse, child, or in-law, to serve as an election judge in [that
29 candidate's] the voting precinct where the candidate resides.
30 (3) The clerk shall:
31 (a) prepare and file a list containing the name, address, voting precinct, and telephone

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1 number of each person appointed; and
2 (b) make the list available in the clerk's office for inspection, examination, and copying
3 during business hours.
4 (4) (a) The municipal legislative body and special district board shall compensate election
5 judges for their services.
6 (b) The municipal legislative body and special district board may not compensate their
7 election judges at a rate higher than that paid by the county to its election judges.
8 Section 5. Section 20A-9-203 is amended to read:
9 20A-9-203. Declarations of candidacy -- Municipal general elections.
10 (1) (a) A person may become a candidate for any municipal office if the person is a
11 registered voter and:
12 [(a)] (i) the person has resided within the municipality in which that person seeks to hold
13 elective office for the 12 consecutive months immediately before the date of the election; or
14 [(b)] (ii) if the territory in which the person resides was annexed into the municipality, the
15 person has resided within the annexed territory or the municipality for 12 months.
16 (b) In addition to the requirements of Subsection (a), candidates for a municipal council
17 position under the council-mayor or council-manager alternative forms of municipal government:
18 (i) shall, if elected from districts, be residents of the council district from which they are
19 elected; and
20 (ii) if elected, may not hold any other compensated employment within the municipality.
21 (2) (a) Each person seeking to become a candidate for a municipal office shall file a
22 declaration of candidacy with the clerk not later than [the sixth Tuesday] 5 p.m. on August 15
23 before the municipal primary election date and pay the fee, if one is required by municipal
24 ordinance.
25 (b) Any resident of a municipality may nominate a candidate for a municipal office by:
26 (i) filing a nomination petition with the clerk not later than [the sixth Tuesday] 5 p.m. on
27 August 15 before the municipal primary election date; and
28 (ii) paying the fee, if one is required by municipal ordinance.
29 (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
30 petition, the filing officer shall:
31 (i) read to the prospective candidate or person filing the petition the constitutional and

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1 statutory qualification requirements for the office that the candidate is seeking; and
2 (ii) require the candidate or person filing the petition to state whether or not the candidate
3 meets those requirements.
4 (b) If the prospective candidate does not meet the qualification requirements for the office,
5 the filing officer may not accept the declaration of candidacy or nomination petition.
6 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
7 filing officer shall accept the declaration of candidacy or nomination petition.
8 [(3)] (4) The declaration of candidacy shall substantially comply with the following form:
9 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
10 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
11 registered voter; and that I am a candidate for the office of ____ (stating the term). I request that
12 my name be printed upon the applicable official ballots. (Signed) _______________
13 Subscribed and sworn to (or affirmed) before me by ____ on this ____ day of ____, 19__.
14 (Signed) _______________ (Clerk or Notary Public)"
15 [(4)] (5) (a) Any registered voter may be nominated for municipal office by submitting a
16 petition signed by:
17 (i) 25 residents of the municipality who are at least 18 years old; or
18 (ii) 20% of the residents of the municipality who are at least 18 years old.
19 (b) (i) The petition shall substantially conform to the following form:
20 "NOMINATION PETITION
21 The undersigned residents of (name of municipality) being 18 years old or older nominate
22 (name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
23 (ii) The remainder of the petition shall contain lines and columns for the signatures of
24 persons signing the petition and their addresses and telephone numbers.
25 (c) If the declaration of candidacy or nomination petition fails to state whether the
26 nomination is for the two or four-year term, the clerk shall consider the nomination to be for the
27 four-year term.
28 [(5)] (6) Immediately after expiration of the period for filing a declaration of candidacy,
29 the clerk shall cause the names of the candidates as they will appear on the ballot to be published
30 in at least two successive publications of a newspaper with general circulation in the municipality.
31 [(6)] (7) (a) A declaration of candidacy or nomination petition filed under this section is

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1 valid unless a written objection is filed with the clerk within five days after the last day for filing.
2 (b) If an objection is made, the clerk shall:
3 (i) mail or personally deliver notice of the objection to the affected candidate immediately;
4 and
5 (ii) decide any objection within 48 hours after it is filed.
6 (c) If the clerk sustains the objection, the candidate may correct the problem by amending
7 the declaration or petition within three days after the objection is sustained or by filing a new
8 declaration within three days after the objection is sustained.
9 (d) (i) The clerk's decision upon objections to form is final.
10 (ii) The clerk's decision upon substantive matters is reviewable by a district court if prompt
11 application is made to the district court.
12 (iii) The decision of the district court is final unless the Supreme Court, in the exercise of
13 its discretion, agrees to review the lower court decision.
14 [(7)] (8) Any person who filed a declaration of candidacy and was nominated, and any
15 person who was nominated by a nomination petition, may, any time up to 23 days before the
16 election, withdraw the nomination by filing a written affidavit with the clerk.
17 Section 6. Section 20A-9-601 is amended to read:
18 20A-9-601. Qualifying as a write-in candidate.
19 (1) (a) Except as provided in Subsection (2), each person wishing to become a valid
20 write-in candidate shall file a declaration of candidacy with the appropriate filing officer not later
21 than 14 days before the regular general election or municipal general election in which the person
22 intends to be a write-in candidate.
23 (b) (i) The filing officer shall:
24 (A) read to the candidate the constitutional and statutory requirements for the office; and
25 (B) ask the candidate whether or not the candidate meets the requirements.
26 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
27 accept the write-in candidate's declaration of candidacy.
28 (2) A write-in candidate in [second class cities,] third class cities, towns, and special
29 districts need not prequalify with the filing officer.


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Legislative Review Note
as of 11-13-96 10:14 AM

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

Office of Legislative Research and General Counsel

Committee Note

The State and Local Affairs Interim Committee recommended this bill.

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