S.B. 79 Enrolled

ELECTION LAW - ELECTION PROCESS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: R. Mont Evans
AN ACT RELATING TO ELECTIONS; MODIFYING THE VOTER REGISTRATION FORM;
MODIFYING REQUIREMENTS RELATING TO ELECTION JUDGES; MODIFYING
VOTER REGISTRATION PROCEDURES AND REQUIREMENTS; MODIFYING
REQUIREMENTS FOR PURGING NAMES FROM VOTER REGISTRATION LISTS;
MODIFYING CERTAIN ELECTION ADMINISTRATION REQUIREMENTS;
CLARIFYING REQUIREMENTS FOR CERTIFYING NAMES AND ISSUES FOR THE
BALLOT; CLARIFYING BALLOT CHALLENGE PROCEDURES; MODIFYING
REQUIREMENTS FOR POSTING CONSTITUTIONAL AMENDMENTS AT
POLLING PLACES; MODIFYING REQUIREMENTS GOVERNING TRANSFER OF
VOTER REGISTRATION INFORMATION FROM THE DRIVER LICENSE
DIVISION; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-1-102, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-2-104, as last amended by Chapter 258, Laws of Utah 1996
20A-2-201, as last amended by Chapter 311, Laws of Utah 1994
20A-2-203, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-2-204, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-2-305, as last amended by Chapter 258, Laws of Utah 1996
20A-3-202, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-3-302, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
20A-4-306, as last amended by Chapter 340, Laws of Utah 1995
20A-5-103, as last amended by Chapter 21, Laws of Utah 1994
20A-5-303, as last amended by Chapter 258, Laws of Utah 1996
20A-5-601, as last amended by Chapter 21, Laws of Utah 1994

20A-9-601, as last amended by Chapters 152 and 340, Laws of Utah 1995
20A-12-201, as last amended by Chapter 254, Laws of Utah 1996
ENACTS:
20A-5-409, Utah Code Annotated 1953
20A-9-701, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-1-102 is amended to read:
20A-1-102. Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
[(1)] (2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on paper ballots or ballot cards and tabulates the results.
[(2)] (3) "Ballot" means the cardboard, paper, or other material upon which a voter records
his votes and includes ballot cards, paper ballots, and secrecy envelopes.
[(3)] (4) "Ballot card" means a ballot that can be counted using automatic tabulating
equipment.
[(4)] (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
contain the names of offices and candidates and statements of ballot propositions to be voted on and
which are used in conjunction with ballot cards.
[(5)] (6) "Ballot proposition" means constitutional amendments, initiatives, referenda,
judicial retention questions, opinion questions, and other questions submitted to the voters for their
approval or rejection.
[(6)] (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
20A-4-306 to canvass election returns.
[(7)] (8) "Book voter registration form" means voter registration forms contained in a bound
book that are used by election officers and registration agents to register persons to vote.
[(8)] (9) "Bond election" means an election held for the sole purpose of approving or

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rejecting the proposed issuance of bonds by a government entity.
[(9)] (10) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
[(10)] (11) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
[(11)] (12) "Canvassing judge" means an election judge designated to assist in counting
ballots at the canvass.
[(12)] (13) "Convention" means the political party convention at which party officers and
delegates are selected.
[(13)] (14) "Counting center" means one or more locations selected by the election officer
in charge of the election for the automatic counting of ballots.
[(14)] (15) "Counting judge" means a judge designated to count the ballots during election
day.
[(15)] (16) "Counting poll watcher" means a person selected as provided in Section
20A-3-201 to witness the counting of ballots.
[(16)] (17) "Counting room" means a suitable and convenient private place or room,
immediately adjoining the place where the election is being held, for use by the counting judges to
count ballots during election day.
[(17)] (18) "County executive" means:
(a) the county commission in the traditional management arrangement established by Section
17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
(b) the county executive in the county executive and chief administrative officer-council
optional form of management arrangement authorized by Section 17-35a-13;
(c) the county executive in the county executive-council optional form of management
arrangement authorized by Section 17-35a-14;
(d) the county council in the council-manager optional form of management arrangement
authorized by Section 17-35a-15; and
(e) the county council in the council-county administrative officer optional form of

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management arrangement authorized by Section 17-35a-15.5.
[(18)] (19) "County legislative body" means:
(a) the county commission in the traditional management arrangement established by Section
17-4-2 and Title 17, Chapter 5;
(b) the county council in the county executive and chief administrative officer-council
optional form of management arrangement authorized by Section 17-35a-13;
(c) the county council in the county executive-council optional form of management
arrangement authorized by Section 17-35a-14;
(d) the county council in the council-manager optional form of management arrangement
authorized by Section 17-35a-15; and
(e) the county council in the council-county administrative officer optional form of
management arrangement authorized by Section 17-35a-15.5.
[(19)] (20) "County officers" means those county officers that are required by law to be
elected.
[(20)] (21) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal primary
election, and a special district election.
[(21)] (22) "Election cycle" means the period beginning on the first day persons are eligible
to file declarations of candidacy and ending when the canvass is completed.
[(22)] (23) "Election judge" means each canvassing judge, counting judge, and receiving
judge.
[(23)] (24) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots;
(b) the county clerk or clerks for all county ballots;
(c) the municipal clerk for all municipal ballots; and
(d) the special district clerk or chief executive officer for all special district ballots that are
not part of a statewide, county, or municipal ballot.
[(24)] (25) "Election official" means any election officer, election judge, or satellite registrar.

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[(25)] (26) "Election returns" includes the pollbook, all affidavits of registration, the military
and overseas absentee voter registration and voting certificates, one of the tally sheets, any
unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled
ballots, the ballot disposition form, and the total votes cast form.
[(26)] (27) "Electronic voting system" means a system in which a voting device is used in
conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
tabulating equipment.
(28) " Inactive voter" means a registered voter who has been sent the notice required by
Section 20A-2-306 and who has failed to respond to that notice.
[(27)] (29) "Inspecting poll watcher" means a person selected as provided in this title to
witness the receipt and safe deposit of voted and counted ballots.
[(28)] (30) "Judicial office" means the office filled by any judicial officer.
[(29)] (31) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
[(30)] (32) "Local election" means a regular municipal election, a local special election, a
special district election, and a bond election.
[(31)] (33) "Local political subdivision" means a county, a municipality, a special district,
or a local school district.
[(32)] (34) "Local special election" means a special election called by the governing body
of a local political subdivision in which all registered voters of the local political subdivision may
vote.
[(33)] (35) "Municipal executive" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
(b) the mayor in the council-mayor optional form of government defined in Section
10-3-1209; and
(c) the manager in the council-manager optional form of government defined in Section
10-3-1209.

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[(34)] (36) "Municipal general election" means the election held in municipalities and
special districts on the first Tuesday after the first Monday in November of each odd-numbered year
for the purposes established in Section 20A-1-202.
[(35)] (37) "Municipal legislative body" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1;
(b) the municipal council in the council-mayor optional form of government defined in
Section 10-3-1209; and
(c) the municipal council in the council-manager optional form of government defined in
Section 10-3-1209.
[(36)] (38) "Municipal officers" means those municipal officers that are required by law to
be elected.
[(37)] (39) "Municipal primary election" means an election held to nominate candidates for
municipal office.
[(38)] (40) "Official ballot'" means the ballots distributed by the election officer to the
election judges to be given to voters to record their votes.
[(39)] (41) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) the facsimile signature of the election officer; and
(b) the information on the ballot stub that identifies:
(i) the election judge's initials; and
(ii) the ballot number.
[(40)] (42) "Official register" means the book furnished election officials by the election
officer that contains the information required by Section 20A-5-401.
[(41)] (43) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be voted on;

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and
(b) spaces for the voter to record his vote for each office and for or against each ballot
proposition.
[(42)] (44) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
Formation and Procedures.
[(43)] (45) "Polling place" means the building where residents of a voting precinct vote.
[(44)] (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks his choice.
[(45)] (47) "Posting list" means a list of registered voters within a voting precinct.
[(46)] (48) "Primary convention" means the political party conventions at which nominees
for the regular primary election are selected.
[(47)] (49) "Protective counter" means a separate counter, which cannot be reset, that is built
into a voting machine and records the total number of movements of the operating lever.
[(48)] (50) "Qualify" or "qualified" means to take the oath of office and begin performing
the duties of the position for which the person was elected.
[(49)] (51) "Receiving judge" means the election judge that checks the voter's name in the
official register, provides the voter with a ballot, and removes the ballot stub from the ballot after
the voter has voted.
[(50)] (52) "Registration days" means the days designated in Section 20A-2-203 when a
voter may register to vote with a satellite registrar.
[(51)] (53) "Registration form" means a book voter registration form and a by-mail voter
registration form.
[(52)] (54) "Regular general election" means the election held throughout the state on the
first Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 20A-1-201.
[(53)] (55) "Regular primary election" means the election on the fourth Tuesday of June of
each even-numbered year, at which candidates of political parties and nonpolitical groups are voted

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for nomination.
[(54)] (56) "Resident" means a person who resides within a specific voting precinct in Utah.
[(55)] (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed
and distributed as provided in Section 20A-5-405.
[(56)] (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to
register voters and perform other duties.
[(57)] (59) "Scratch vote" means to mark or punch the straight party ticket and then mark
or punch the ballot for one or more candidates who are members of different political parties.
[(58)] (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
vote.
[(59)] (61) "Special election" means an election held as authorized by Section 20A-1-204.
[(60)] (62) "Special district" means those local government entities created under the
authority of Title 17A.
[(61)] (63) "Special district officers" means those special district officers that are required
by law to be elected.
[(62)] (64) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or the election judge; or
(c) lacks the official endorsement.
[(63)] (65) "Statewide special election" means a special election called by the governor or
the Legislature in which all registered voters in Utah may vote.
[(64)] (66) "Stub" means the detachable part of each ballot.
[(65)] (67) "Substitute ballots" means replacement ballots provided by an election officer
to the election judges when the official ballots are lost or stolen.
[(66)] (68) "Ticket" means each list of candidates for each political party or for each group
of petitioners.
[(67)] (69) "Transfer case" means the sealed box used to transport voted ballots to the

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counting center.
[(68)] (70) "Vacancy" means the absence of a person to serve in any position created by
statute, whether that absence occurs because of death, disability, disqualification, resignation, or
other cause.
[(69)] (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
[(70)] (72) "Voter" means a person who meets the requirements of election registration and
is registered and is listed in the official register book.
[(71)] (73) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
[(72)] (74) "Voting booth" means the space or compartment within a polling place that is
provided for the preparation of ballots and includes the voting machine enclosure or curtain.
[(73)] (75) "Voting device" means:
(a) an apparatus in which ballot cards are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance; or
(c) any other method for recording votes on ballots so that the ballot may be tabulated by
means of automatic tabulating equipment.
[(74)] (76) "Voting machine" means a machine designed for the sole purpose of recording
and tabulating votes cast by voters at an election.
[(75)] (77) "Voting poll watcher" means a person appointed as provided in this title to
witness the distribution of ballots and the voting process.
[(76)] (78) "Voting precinct" means the smallest voting unit established as provided by law
within which qualified voters vote at one polling place.
[(77)] (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an
inspecting poll watcher.
[(78)] (80) "Write-in ballot" means a ballot containing any write-in votes.
[(79)] (81) "Write-in vote" means a vote cast for a person whose name is not printed on the

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ballot according to the procedures established in this title.
Section 2. Section 20A-2-104 is amended to read:
20A-2-104. Voter registration form.
(1) Every person applying to be registered shall complete a registration form printed in
substantially the following form:
-----------------------------------------------------------------------------------------------------------------------
UTAH ELECTION REGISTRATION FORM
Name of Voter __________________________________________________________
First Middle Last
Driver License or Identification Card Number (optional)___________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence ___________________________________
______________________________________________________________________________
City County State Zip Code
Telephone Number (optional) _________________________
Last four digits of Social Security Number (optional) ______________________
Place of Birth _____________________________
Last former address at which I was registered to vote (if known) ____________
_____________________________________________________________________________
City County State Zip Code
______________________________________________________________________________
Voting Precinct (if known)
Political Party (optional) _____________________________________________________
I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the state
of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
for 30 days immediately before the next election.
Signed and sworn __________________________________________________________

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Voter's Signature
Date _______________, 19 ______.
NOTICE: IN ORDER TO VOTE, YOUR NAME MUST APPEAR IN THE OFFICIAL
REGISTER.
FOR OFFICIAL USE ONLY
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------------
(2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
may be electronic or some other recognized system.
(3) (a) Each county clerk shall retain lists of currently registered voters.
(b) (i) Voter registration lists are public information and shall be made available for the
public to view in the clerk's office.
(ii) The lieutenant governor shall maintain a list of registered voters in electronic form.
(iii) If there are any discrepancies between the two lists, the county clerk's list is the official
list.
(c) The lieutenant governor and the county clerks may charge individuals who wish to obtain
a copy of the list of registered voters.
(i) Any registered voter may submit a written request to the county clerk to have their voter
registration record secured.
(ii) After receipt of a written request, the county clerk and the lieutenant governor may not
provide that voter's information on the lists that are sold to the public.
Section 3. Section 20A-2-201 is amended to read:
20A-2-201. Registering to vote at office of county clerk.
Except as provided in Subsection (2):
(1) The county clerk shall register to vote all persons who present themselves for registration
at his office during designated office hours if those persons, on voting day, will be legally qualified
and entitled to vote in a voting precinct in the county.

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(2) During the [20] 19 calendar days immediately before any scheduled election, the county
clerk shall:
(a) accept registration forms from all persons who present themselves for registration at the
clerk's office during designated office hours if those persons, on voting day, will be legally qualified
and entitled to vote in a voting precinct in the county; and
(b) inform them that they will be registered to vote but may not vote in the pending election
because they registered too late.
Section 4. Section 20A-2-203 is amended to read:
20A-2-203. Satellite location -- Registration by satellite registrar.
(1) (a) Each county clerk shall designate at least one satellite location for voter registration
for every 25,000 people residing within the county.
(b) A county clerk may designate as many satellite locations as desired.
(2) (a) Any person who meets the voter registration requirements may register to vote with
a satellite registrar at any satellite location within the person's county of residence between 8 a.m.
and 8 p.m.:
(i) on the Monday and Tuesday, the seventh and eighth day, before the regular primary
election in counties holding a primary election;
(ii) on the Monday and Tuesday, the seventh and eighth day, before the regular general
election;
(iii) on the Monday and Tuesday, the seventh and eighth day, before the municipal primary
election in municipalities holding a municipal primary election; and
(iv) on the Monday and Tuesday, the seventh and eighth day, before the municipal general
election.
(b) Each satellite registrar shall register to vote all persons who:
(i) present themselves for registration; and
(ii) are legally qualified and entitled to vote in that voting precinct on election day.
(3) For municipal elections, the municipality in which the registration is made shall pay the
expenses of registration.

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Section 5. 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.
(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; and
(e) transmit electronically to the lieutenant governor's office the name, address, birth date,
and driver license number of each person who answers "yes" to the question on the driver license
form about registering to vote.
(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:
(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:

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(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 6. Section 20A-2-305 is amended to read:
20A-2-305. Removing names from the official register -- General requirements.
(1) The county clerk may not remove a voter's name from the official register because the
voter has failed to vote in an election.
(2) The county clerk may remove a voter's name from the official register only when:
(a) the voter dies and the requirements of Subsection (3) are met;
(b) the county clerk, after complying with the requirements of Section 20A-2-306, receives
written confirmation from the voter that the voter no longer resides within the county clerk's county;
(c) the county clerk has obtained evidence that the voter's residence has changed, has mailed
notice to the voter as required by Section 20A-2-306 and received no response from the voter, and
the voter has failed to vote or appear to vote in either of the next two regular general elections
following the date of the notice;
(d) the voter requests, in writing, that his name be removed from the official register; or
(e) the county clerk receives a returned voter identification card, determines that there was
no clerical error causing the card to be returned, and has no further information to contact the voter.
(3) The county clerk may remove a voter's name from the registration list upon the annual
receipt of a listing of all deceased residents from the Department of Health's Bureau of Vital
Records[, after the county clerk:].
[(a) compares that listing to the list of registered voters;]
[(b) sends a letter addressed to the residence of the person whose name appears on both lists
indicating that, unless advised otherwise, the clerk will delete that name from the registered voter's
roll; and]

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[(c) the clerk has received no objection to the removal after 30 days from the date the notice
was mailed.]
Section 7. Section 20A-3-202 is amended to read:
20A-3-202. Challenges -- Recorded in official register and in pollbook.
(1) (a) When any person applies for a ballot or when a person offers a ballot for deposit in
the ballot box, the person's right to vote in that voting precinct and in that election may be orally
challenged by an election judge or any challenger orally stating the challenged voter's name and the
basis for the challenge.
(b) A person may challenge another person's right to vote by alleging that:
(i) the voter is not the person whose name appears in the official register and under which
name the right to vote is claimed;
(ii) the voter is not a resident of Utah;
(iii) the voter is not a citizen of the United States;
(iv) the voter has not or will not have resided in Utah for 30 days immediately before the
date of the election;
(v) the voter does not live in the voting precinct;
(vi) the voter does not live within the geographic boundaries of the entity holding the
election;
(vii) the voter's principal place of residence is not in the voting precinct;
(viii) the voter's principal place of residence is not in the geographic boundaries of the
election area;
(ix) the voter has voted before in the election;
(x) the voter is not at least 18 years old; or
(xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a resident
of the entity holding the election before the voter was confined or incarcerated.
(2) (a) The election judges shall give the voter a ballot and allow the voter to vote if:
(i) the person challenged signs a written affidavit certifying that he meets all the
requirements for voting; and

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(ii) the election judge determines that the person challenged is registered to vote.
(b) The election judges may not give the voter a ballot or allow the voter to vote if:
(i) the person challenged refuses to sign the written affidavit; or
(ii) the election judge determines that the person challenged is not registered to vote.
(c) (i) It is unlawful for any person to sign an affidavit certifying that he meets all the
requirements for voting when that person knows he does not meet at least one of those requirements.
(ii) Any person who violates this Subsection (c) is guilty of a class B misdemeanor.
(3) (a) Any person may challenge the right to vote of any person whose name appears on the
posting list by filing a written signed statement identifying the challenged voter's name and the basis
for the challenge with the county clerk on the Friday before the election during regular business
hours.
(b) The person challenging a person's right to vote shall allege one or more of the grounds
established in Subsection (1)(b) as the basis for the challenge.
(c) The county clerk shall:
(i) carefully preserve the written challenges;
(ii) write in the appropriate official register opposite the name of any person for whom the
county clerk received a written challenge, the words "To be challenged"; and
(iii) transmit the written challenges to election judges of that voting precinct.
(d) On election day, the election judges shall raise the written challenge with the voter before
giving the voter a ballot.
(e) If the person challenged takes an oath before any of the election judges that the grounds
of the challenge are false, the judges shall allow the person to vote.
(f) If the person applying to vote does not meet the legal requirements to vote, or refuses to
take the oath, the election judges may not deliver a ballot to him.
(4) The election judges shall record all challenges in the official register and on the challenge
sheets in the pollbook.
(5) If the person challenged under Subsection (3) voted an absentee ballot, the county clerk
shall submit the name of the voter and the challenge to the voter to the county attorney, or the district

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attorney in counties with a prosecution district, for investigation and prosecution for voter fraud.
Section 8. Section 20A-3-302 is amended to read:
20A-3-302. Absentee voting -- No polling place for remote districts.
(1) Whenever, on the 60th day before an election, there are [100] 300 or less persons
registered to vote in a voting precinct, the county legislative body of the county in which the voting
precinct is located may elect to administer an election entirely by absentee ballot.
(2) If the county legislative body of the county in which the voting precinct is located
decides to administer an election entirely by absentee ballot, the county clerk shall mail to each
registered voter within that voting precinct:
(a) an absentee ballot;
(b) a statement that there will be no polling place for the election;
(c) instructions for returning the ballot that include an express notice about any relevant
deadlines that the voter must meet in order for his vote to be counted; and
(d) a warning, on a separate page of colored paper in bold face print, indicating that if the
voter fails to follow the instructions included with the absentee ballot, he will be unable to vote in
that election because there will be no polling place in the voting precinct on the day of the election.
(3) Any voter who votes by absentee ballot under this subsection is not required to apply for
an absentee ballot as required by this part.
(4) (a) The county clerk of a county that administers an election entirely by absentee ballot
shall:
(i) obtain, in person, the signatures of each voter within that voting precinct before the
election; and
(ii) maintain the signatures on file in the county clerk's office.
(b) (i) Upon receiving the returned absentee ballots, the county clerk shall compare the
signature on each absentee ballot with the voter's signature that is maintained on file and verify that
the signatures are the same.
(ii) If the county clerk questions the authenticity of the signature on the absentee ballot, the
clerk shall immediately contact the voter to verify the signature.

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(iii) If the voter does not confirm his signature on the absentee ballot, the county clerk shall:
(A) immediately send another absentee ballot and other voting materials as required by this
subsection to the voter; and
(B) disqualify the initial absentee ballot.
Section 9. Section 20A-4-306 is amended to read:
20A-4-306. Statewide canvass.
(1) (a) The state board of canvassers shall convene:
(i) on the fourth Monday of November, at noon; or
(ii) at noon on the day following the receipt by the lieutenant governor of the last of the
returns of a statewide special election.
(b) The state auditor, the state treasurer, and the attorney general are the state board of
canvassers.
(2) (a) The state board of canvassers shall:
(i) meet in the lieutenant governor's office; and
(ii) compute and determine the vote for officers and for and against any ballot propositions
voted upon by the voters of the entire state or of two or more counties.
(b) The lieutenant governor, as secretary of the board shall file a report in his office that
details:
(i) for each statewide officer and ballot proposition:
(A) the name of the statewide office or ballot proposition that appeared on the ballot;
(B) the candidates for each statewide office whose names appeared on the ballot, plus any
recorded write-in candidates;
(C) the number of votes from each county cast for each candidate and for and against each
ballot proposition;
(D) the total number of votes cast statewide for each candidate and for and against each
ballot proposition; and
(E) the total number of votes cast statewide; and
(ii) for each officer or ballot proposition voted on in two or more counties:

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(A) the name of each of those offices and ballot propositions that appeared on the ballot;
(B) the candidates for those offices, plus any recorded write-in candidates;
(C) the number of votes from each county cast for each candidate and for and against each
ballot proposition; and
(D) the total number of votes cast for each candidate and for and against each ballot
proposition.
(c) The lieutenant governor shall:
(i) prepare certificates of election for:
(A) each successful candidate; and
(B) each of the presidential electors of the candidate for president who received a majority
of the votes;
(ii) authenticate each certificate with his seal; and
(iii) deliver a certificate of election to:
(A) each candidate who had the highest number of votes for each office; and
(B) each of the presidential electors of the candidate for president who received a majority
of the votes.
(3) If the lieutenant governor has not received election returns from all counties on the fifth
day before the day designated for the meeting of the state board of canvassers, the lieutenant
governor shall:
(a) send a messenger to the clerk of the board of county canvassers of the delinquent county;
(b) instruct the messenger to demand a certified copy of the board of canvasser's report
required by Section 20A-4-304 from the clerk; and
(c) pay the messenger the per diem provided by law as compensation.
(4) The state board of canvassers may not withhold the declaration of the result or any
certificate of election because of any defect or informality in the returns of any election if the board
can determine from the returns, with reasonable certainty, what office is intended and who is elected
to it.
(5) (a) At noon on the third Monday after the primary election, the lieutenant governor shall:

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(i) canvass the returns for all multicounty candidates required to file with the office of the
lieutenant governor; and
(ii) publish and file the results of the canvass in the offices of the lieutenant governor.
(b) The lieutenant governor shall certify the results of the primary canvass to the county
clerks not later than the [September] August 1 after the primary election.
Section 10. Section 20A-5-103 is amended to read:
20A-5-103. Constitutional amendments -- Posting.
(1) Whenever a constitutional amendment is submitted to a vote of the people for their
approval or rejection, the county clerk shall:
(a) cause the original section of the constitution to be printed on cards in large clear type
with the changes to it indicated by bracketing and interlining any language proposed to be repealed
and underlining any new language proposed to be inserted; and
(b) place the question as it appears upon the official ballot after the original section.
(2) If there is more than one amendment submitted, the clerk shall ensure that the proposed
amendments are placed upon the cards in columns in the same order as they will appear upon the
official ballot.
(3) Each county clerk shall:
(a) provide the election judges for each voting precinct with [six] two constitutional
amendment cards; and
(b) direct the election judges to post [at least three] the two constitutional amendment cards
in and about the polling place.
Section 11. Section 20A-5-303 is amended to read:
20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
Combined voting precincts -- Counties.
(1) The county legislative body may establish, divide, abolish, and change voting precincts.
(2) (a) The county legislative body shall alter or divide voting precincts so that each voting
precinct contains not more than 1,000 active voters.
(b) The county legislative body shall:

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(i) identify those precincts that may reach 1,000 active voters or become too large to
facilitate the election process; and
(ii) divide those precincts before February 1.
(3) The county legislative body may not:
(a) establish or abolish any voting precinct after February 1, of a regular general election
year; or
(b) alter or change the boundaries of any voting precinct after February 1, of a regular
general election year.
(4) For the purpose of balloting on regular primary or regular general election day, the
county legislative body may establish a common polling place for two or more whole voting
precincts according to the following requirements:
(a) the total population of the combined voting precinct may not exceed 3,000 active voters;
(b) the combined voting precincts shall all lie within the same legislative district; and
(c) the voting precincts shall be combined for balloting purposes at least 90 days before the
election.
Section 12. Section 20A-5-409 is enacted to read:
20A-5-409. Certification of candidates to county clerks.
By September 1 of each regular general election year, the lieutenant governor shall certify
to each county clerk the name of each candidate qualified to be printed on the regular general
election ballot for that county clerk's county.
Section 13. Section 20A-5-601 is amended to read:
20A-5-601. Election judges -- Appointment for regular general elections.
(1) (a) By March 1 of each even-numbered year, each county clerk shall provide to the
county chair of each registered political party a list of the number of election judges that the party
must nominate for each voting precinct.
(b) (i) By April 1 of each even-numbered year, the county chair and secretary of each
registered political party shall file a list with the county clerk containing, for each voting precinct,
the names of registered voters in the county who are willing to be election judges and who are

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competent and trustworthy.
(ii) The county chair and secretary shall submit, for each voting precinct, names equal in
number to the number required by the county clerk plus one.
(2) Each county legislative body shall provide for the appointment of persons to serve as
election judges at the regular primary and regular general election.
(3) [Each] For regular general elections, each county legislative body shall provide for the
appointment of:
(a) (i) three registered voters from the list to serve as receiving judges for each voting
precinct when ballots will be counted after the polls close; or
(ii) three registered voters from the list to serve as receiving judges in each voting precinct
and three registered voters from the list to serve as counting judges in each voting precinct when
ballots will be counted throughout election day; and
(b) three registered voters from the list for each 100 absentee ballots to be counted to serve
as canvassing judges.
(4) For regular primary elections, each county legislative body shall provide for the
appointment of:
(a) (i) two or three registered voters, or one or two registered voters and one person 17 years
old who will be 18 years old by the date of the next regular general election, from the list to serve
as receiving judges for each voting precinct when ballots will be counted after the polls close; or
(ii) two or three registered voters, or one or two registered voters and one person 17 years
old who will be 18 years old by the date of the next regular general election, from the list to serve
as receiving judges in each voting precinct and two or three registered voters, or one or two
registered voters and one person 17 years old who will be 18 years old by the date of the next regular
general election, from the list to serve as counting judges in each voting precinct when ballots will
be counted throughout election day; and
(b) two or three registered voters, or one or two registered voters and one person 17 years
old who will be 18 years old by the date of the next regular general election, from the list for each
100 absentee ballots to be counted to serve as canvassing judges.

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[(4)] (5) Each county legislative body may provide for the appointment of:
(a) three registered voters from the list to serve as inspecting judges at the regular general
election to observe the clerk's receipt and deposit of the ballots for safekeeping; and
(b) two or three registered voters, or one or two registered voters and one person 17 years
old who will be 18 years old by the date of the next regular general election, from the list to serve
as inspecting judges at the regular primary election to observe the clerk's receipt and deposit of the
ballots for safekeeping.
[(5)] (6) (a) For each set of three counting or receiving judges to be appointed for each
voting precinct for the regular primary election and the regular general election, the county
legislative body shall ensure that:
[(a)] (i) two judges are appointed from the political party that cast the highest number of
votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
votes for unopposed candidates, in the voting precinct at the last regular general election before the
appointment of the election judges; and
[(b)] (ii) one judge is appointed from the political party that cast the second highest number
of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
excluding votes for unopposed candidates, in the voting precinct at the last regular general election
before the appointment of the election judges.
(b) For each set of two counting or receiving judges to be appointed for each voting precinct
for the regular primary election, the county legislative body shall ensure that:
(i) one judge is appointed from the political party that cast the highest number of votes for
governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding votes
for unopposed candidates, in the voting precinct at the last regular general election before the
appointment of the election judges; and
(ii) one judge is appointed from the political party that cast the second highest number of
votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
votes for unopposed candidates, in the voting precinct at the last regular general election before the
appointment of the election judges.

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[(6)] (7) When the voting precinct boundaries have been changed since the last regular
general election, the county legislative body shall ensure that:
(a) for the regular primary election, when the county legislative body is using three
receiving, counting, and canvassing judges, and regular general election, not more than two of the
judges are selected from the political party that cast the highest number of votes for the offices of
governor, lieutenant governor, attorney general, state auditor, and state treasurer in the territory that
formed the voting precinct at the time of appointment; and
(b) for the regular primary election, when the county legislative body is using two receiving,
counting, and canvassing judges, not more than one of the judges is selected from the political party
that cast the highest number of votes for the offices of governor, lieutenant governor, attorney
general, state auditor, and state treasurer in the territory that formed the voting precinct at the time
of appointment.
[(7)] (8) The county legislative body shall provide for the appointment of any qualified
county voter as an election judge when:
(a) a political party fails to file the election judge list by the filing deadline; or
(b) the list is incomplete.
[(8)] (9) A registered voter of the county may serve as an election judge in any voting
precinct of the county.
[(9)] (10) If a person serves as an election judge outside the voting precinct where the person
is registered, that person may vote an absentee voter ballot.
[(10)] (11) The county clerk shall fill all vacancies in the office of election judge.
[(11)] (12) If a conflict arises over the right to certify the election judge lists for any political
party, the county legislative body may decide between conflicting lists, but may only select names
from a properly submitted list.
[(12)] (13) The county legislative body shall establish compensation for election judges.
Section 14. Section 20A-9-601 is amended to read:
20A-9-601. Qualifying as a write-in candidate.
(1) (a) Except as provided in Subsection (2), each person wishing to become a valid write-in

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candidate shall file a declaration of candidacy with the appropriate filing officer not later than 14
days before the regular general election or municipal general election in which the person intends
to be a write-in candidate.
(b) (i) The filing officer shall:
(A) read to the candidate the constitutional and statutory requirements for the office; and
(B) ask the candidate whether or not the candidate meets the requirements.
(ii) If the candidate cannot meet the requirements of office, the filing officer may not accept
the write-in candidate's declaration of candidacy.
(2) A write-in candidate in second class cities, third class cities, towns, and special districts
need not prequalify with the filing officer.
(3) By November 1 of each regular general election year, the lieutenant governor shall
certify to each county clerk the names of all write-in candidates who filed their declaration of
candidacy with the lieutenant governor.
Section 15. Section 20A-9-701 is enacted to read:
Part 7. Party Candidates
20A-9-701. Certification of party candidates to county clerks.
By September 1 of each regular general election year, the lieutenant governor shall certify
to each county clerk the names of each candidate, including candidates for president and vice
president, certified by each registered political party as that party's nominees for offices to be voted
upon at the regular general election in that county clerk's county.
Section 16. Section 20A-12-201 is amended to read:
20A-12-201. Judicial appointees -- Retention elections.
(1) (a) Each appointee to a court of record is subject to an unopposed retention election at
the first general election held more than three years after the judge or justice was appointed.
(b) After the first retention election:
(i) each Supreme Court justice shall be on the regular general election ballot for an
unopposed retention election every tenth year; and
(ii) each judge of other courts of record shall be on the regular general election ballot for an

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unopposed retention election every sixth year.
(2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the year
the justice or judge is subject to a retention election:
(i) file a declaration of candidacy as if a candidate for multi-county office in accordance with
Section 20A-9-202; and
(ii) pay a filing fee of $50.
(b) Each county justice judge who wishes to retain office shall, in the year the justice or
judge is subject to a retention election:
(i) file a declaration of candidacy as if a candidate for county office in accordance with
Section 20A-9-202; and
(ii) pay a filing fee of $25.
(3) (a) The lieutenant governor shall, by September 1 of each regular general election year:
(i) transmit a certified list containing the names of the justices of the Supreme Court and
judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
(ii) transmit a certified list containing the names of judges of other courts of record declaring
their candidacy to the county clerk of each county in the geographic division in which the judge
filing the declaration holds office.
(b) Each county clerk shall place the names of justices and judges standing for retention
election in the nonpartisan section of the ballot.
(4) At the general election, the ballots shall contain, as to each justice or judge of any court
of record to be voted on in the county, the following question:
"Shall ______________________________(name of justice or judge) be retained in the
office of ___________________________?" (name of office, such as "Justice of the Supreme Court
of Utah;" "Judge of the Court of Appeals of Utah;" "Judge of the District Court of the Third Judicial
District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District;" "County Justice Judge
of (name of county) County")
Yes ()
No ()."

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(5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge is
retained for the term of office provided by law.
(b) If the justice or judge receives more no votes than yes votes, the justice or judge is not
retained, and a vacancy exists in the office on the first Monday in January after the regular general
election.
(6) A justice or judge not retained is ineligible for appointment to the office for which the
justice or judge was defeated until after the expiration of that term of office.

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