S.B. 79

1

ELECTION LAW - ELECTION PROCESS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Mont Evans
5 AN ACT RELATING TO ELECTIONS; MODIFYING THE VOTER REGISTRATION FORM;
6 MODIFYING REQUIREMENTS RELATING TO ELECTION JUDGES; MODIFYING
7 VOTER REGISTRATION PROCEDURES AND REQUIREMENTS; MODIFYING
8 REQUIREMENTS FOR PURGING NAMES FROM VOTER REGISTRATION LISTS;
9 MODIFYING CERTAIN ELECTION ADMINISTRATION REQUIREMENTS;
10 CLARIFYING REQUIREMENTS FOR CERTIFYING NAMES AND ISSUES FOR THE
11 BALLOT; CLARIFYING BALLOT CHALLENGE PROCEDURES; MODIFYING
12 REQUIREMENTS FOR POSTING CONSTITUTIONAL AMENDMENTS AT POLLING
13 PLACES; MODIFYING REQUIREMENTS GOVERNING TRANSFER OF VOTER
14 REGISTRATION INFORMATION FROM THE DRIVER LICENSE DIVISION; AND
15 MAKING TECHNICAL CORRECTIONS.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 20A-1-102, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
19 20A-2-104, as last amended by Chapter 258, Laws of Utah 1996
20 20A-2-203, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
21 20A-2-204, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
22 20A-2-305, as last amended by Chapter 258, Laws of Utah 1996
23 20A-3-202, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
24 20A-3-302, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
25 20A-4-306, as last amended by Chapter 340, Laws of Utah 1995
26 20A-5-103, as last amended by Chapter 21, Laws of Utah 1994
27 20A-5-303, as last amended by Chapter 258, Laws of Utah 1996

1 20A-5-601, as last amended by Chapter 21, Laws of Utah 1994
2 20A-9-601, as last amended by Chapters 152 and 340, Laws of Utah 1995
3 20A-12-201, as last amended by Chapter 254, Laws of Utah 1996
4 20A-14-105, as enacted by Chapter 1, Laws of Utah 1995
5 ENACTS:
6 20A-5-409, Utah Code Annotated 1953
7 20A-9-701, Utah Code Annotated 1953
8 Be it enacted by the Legislature of the state of Utah:
9 Section 1. Section 20A-1-102 is amended to read:
10 20A-1-102. Definitions.
11 As used in this title:
12 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
13 by the county clerk.
14 [(1)] (2) "Automatic tabulating equipment" means apparatus that automatically examines
15 and counts votes recorded on paper ballots or ballot cards and tabulates the results.
16 [(2)] (3) "Ballot" means the cardboard, paper, or other material upon which a voter records
17 his votes and includes ballot cards, paper ballots, and secrecy envelopes.
18 [(3)] (4) "Ballot card" means a ballot that can be counted using automatic tabulating
19 equipment.
20 [(4)] (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
21 contain the names of offices and candidates and statements of ballot propositions to be voted on
22 and which are used in conjunction with ballot cards.
23 [(5)] (6) "Ballot proposition" means constitutional amendments, initiatives, referenda,
24 judicial retention questions, opinion questions, and other questions submitted to the voters for their
25 approval or rejection.
26 [(6)] (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
27 20A-4-306 to canvass election returns.
28 [(7)] (8) "Book voter registration form" means voter registration forms contained in a
29 bound book that are used by election officers and registration agents to register persons to vote.
30 [(8)] (9) "Bond election" means an election held for the sole purpose of approving or
31 rejecting the proposed issuance of bonds by a government entity.

- 2 -

1 [(9)] (10) "By-mail voter registration form" means a voter registration form designed to
2 be completed by the voter and mailed to the election officer.
3 [(10)] (11) "Canvass" means the review of election returns and the official declaration of
4 election results by the board of canvassers.
5 [(11)] (12) "Canvassing judge" means an election judge designated to assist in counting
6 ballots at the canvass.
7 [(12)] (13) "Convention" means the political party convention at which party officers and
8 delegates are selected.
9 [(13)] (14) "Counting center" means one or more locations selected by the election officer
10 in charge of the election for the automatic counting of ballots.
11 [(14)] (15) "Counting judge" means a judge designated to count the ballots during election
12 day.
13 [(15)] (16) "Counting poll watcher" means a person selected as provided in Section
14 20A-3-201 to witness the counting of ballots.
15 [(16)] (17) "Counting room" means a suitable and convenient private place or room,
16 immediately adjoining the place where the election is being held, for use by the counting judges
17 to count ballots during election day.
18 [(17)] (18) "County executive" means:
19 (a) the county commission in the traditional management arrangement established by
20 Section 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
21 (b) the county executive in the county executive and chief administrative officer-council
22 optional form of management arrangement authorized by Section 17-35a-13;
23 (c) the county executive in the county executive-council optional form of management
24 arrangement authorized by Section 17-35a-14;
25 (d) the county council in the council-manager optional form of management arrangement
26 authorized by Section 17-35a-15; and
27 (e) the county council in the council-county administrative officer optional form of
28 management arrangement authorized by Section 17-35a-15.5.
29 [(18)] (19) "County legislative body" means:
30 (a) the county commission in the traditional management arrangement established by
31 Section 17-4-2 and Title 17, Chapter 5;

- 3 -

1 (b) the county council in the county executive and chief administrative officer-council
2 optional form of management arrangement authorized by Section 17-35a-13;
3 (c) the county council in the county executive-council optional form of management
4 arrangement authorized by Section 17-35a-14;
5 (d) the county council in the council-manager optional form of management arrangement
6 authorized by Section 17-35a-15; and
7 (e) the county council in the council-county administrative officer optional form of
8 management arrangement authorized by Section 17-35a-15.5.
9 [(19)] (20) "County officers" means those county officers that are required by law to be
10 elected.
11 [(20)] (21) "Election" means a regular general election, a municipal general election, a
12 statewide special election, a local special election, a regular primary election, a municipal primary
13 election, and a special district election.
14 [(21)] (22) "Election cycle" means the period beginning on the first day persons are
15 eligible to file declarations of candidacy and ending when the canvass is completed.
16 [(22)] (23) "Election judge" means each canvassing judge, counting judge, and receiving
17 judge.
18 [(23)] (24) "Election officer" means:
19 (a) the lieutenant governor, for all statewide ballots;
20 (b) the county clerk or clerks for all county ballots;
21 (c) the municipal clerk for all municipal ballots; and
22 (d) the special district clerk or chief executive officer for all special district ballots that are
23 not part of a statewide, county, or municipal ballot.
24 [(24)] (25) "Election official" means any election officer, election judge, or satellite
25 registrar.
26 [(25)] (26) "Election returns" includes the pollbook, all affidavits of registration, the
27 military and overseas absentee voter registration and voting certificates, one of the tally sheets, any
28 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled
29 ballots, the ballot disposition form, and the total votes cast form.
30 [(26)] (27) "Electronic voting system" means a system in which a voting device is used
31 in conjunction with ballots so that votes recorded by the voter are counted and tabulated by

- 4 -

1 automatic tabulating equipment.
2 (28) " Inactive voter" means a registered voter who has been sent the notice required by
3 Section 20A-2-306 and who has failed to respond to that notice.
4 [(27)] (29) "Inspecting poll watcher" means a person selected as provided in this title to
5 witness the receipt and safe deposit of voted and counted ballots.
6 [(28)] (30) "Judicial office" means the office filled by any judicial officer.
7 [(29)] (31) "Judicial officer" means any justice or judge of a court of record or any county
8 court judge.
9 [(30)] (32) "Local election" means a regular municipal election, a local special election,
10 a special district election, and a bond election.
11 [(31)] (33) "Local political subdivision" means a county, a municipality, a special district,
12 or a local school district.
13 [(32)] (34) "Local special election" means a special election called by the governing body
14 of a local political subdivision in which all registered voters of the local political subdivision may
15 vote.
16 [(33)] (35) "Municipal executive" means:
17 (a) the city commission, city council, or town council in the traditional management
18 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
19 (b) the mayor in the council-mayor optional form of government defined in Section
20 10-3-1209; and
21 (c) the manager in the council-manager optional form of government defined in Section
22 10-3-1209.
23 [(34)] (36) "Municipal general election" means the election held in municipalities and
24 special districts on the first Tuesday after the first Monday in November of each odd-numbered
25 year for the purposes established in Section 20A-1-202.
26 [(35)] (37) "Municipal legislative body" means:
27 (a) the city commission, city council, or town council in the traditional management
28 arrangement established by Title 10, Chapter 3, Part 1;
29 (b) the municipal council in the council-mayor optional form of government defined in
30 Section 10-3-1209; and
31 (c) the municipal council in the council-manager optional form of government defined in

- 5 -

1 Section 10-3-1209.
2 [(36)] (38) "Municipal officers" means those municipal officers that are required by law
3 to be elected.
4 [(37)] (39) "Municipal primary election" means an election held to nominate candidates
5 for municipal office.
6 [(38)] (40) "Official ballot'" means the ballots distributed by the election officer to the
7 election judges to be given to voters to record their votes.
8 [(39)] (41) "Official endorsement" means:
9 (a) the information on the ballot that identifies:
10 (i) the ballot as an official ballot;
11 (ii) the date of the election; and
12 (iii) the facsimile signature of the election officer; and
13 (b) the information on the ballot stub that identifies:
14 (i) the election judge's initials; and
15 (ii) the ballot number.
16 [(40)] (42) "Official register" means the book furnished election officials by the election
17 officer that contains the information required by Section 20A-5-401.
18 [(41)] (43) "Paper ballot" means a paper that contains:
19 (a) the names of offices and candidates and statements of ballot propositions to be voted
20 on; and
21 (b) spaces for the voter to record his vote for each office and for or against each ballot
22 proposition.
23 [(42)] (44) "Political party" means an organization of registered voters that has qualified
24 to participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
25 Formation and Procedures.
26 [(43)] (45) "Polling place" means the building where residents of a voting precinct vote.
27 [(44)] (46) "Position" means a square, circle, rectangle, or other geometric shape on a
28 ballot in which the voter marks his choice.
29 [(45)] (47) "Posting list" means a list of registered voters within a voting precinct.
30 [(46)] (48) "Primary convention" means the political party conventions at which nominees
31 for the regular primary election are selected.

- 6 -

1 [(47)] (49) "Protective counter" means a separate counter, which cannot be reset, that is
2 built into a voting machine and records the total number of movements of the operating lever.
3 [(48)] (50) "Qualify" or "qualified" means to take the oath of office and begin performing
4 the duties of the position for which the person was elected.
5 [(49)] (51) "Receiving judge" means the election judge that checks the voter's name in the
6 official register, provides the voter with a ballot, and removes the ballot stub from the ballot after
7 the voter has voted.
8 [(50)] (52) "Registration days" means the days designated in Section 20A-2-203 when a
9 voter may register to vote with a satellite registrar.
10 [(51)] (53) "Registration form" means a book voter registration form and a by-mail voter
11 registration form.
12 [(52)] (54) "Regular general election" means the election held throughout the state on the
13 first Tuesday after the first Monday in November of each even-numbered year for the purposes
14 established in Section 20A-1-201.
15 [(53)] (55) "Regular primary election" means the election on the fourth Tuesday of June
16 of each even-numbered year, at which candidates of political parties and nonpolitical groups are
17 voted for nomination.
18 [(54)] (56) "Resident" means a person who resides within a specific voting precinct in
19 Utah.
20 [(55)] (57) "Sample ballot" means a mock ballot similar in form to the official ballot
21 printed and distributed as provided in Section 20A-5-405.
22 [(56)] (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to
23 register voters and perform other duties.
24 [(57)] (59) "Scratch vote" means to mark or punch the straight party ticket and then mark
25 or punch the ballot for one or more candidates who are members of different political parties.
26 [(58)] (60) "Secrecy envelope" means the envelope given to a voter along with the ballot
27 into which the voter places the ballot after he has voted it in order to preserve the secrecy of the
28 voter's vote.
29 [(59)] (61) "Special election" means an election held as authorized by Section 20A-1-204.
30 [(60)] (62) "Special district" means those local government entities created under the
31 authority of Title 17A.

- 7 -

1 [(61)] (63) "Special district officers" means those special district officers that are required
2 by law to be elected.
3 [(62)] (64) "Spoiled ballot" means each ballot that:
4 (a) is spoiled by the voter;
5 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
6 (c) lacks the official endorsement.
7 [(63)] (65) "Statewide special election" means a special election called by the governor
8 or the Legislature in which all registered voters in Utah may vote.
9 [(64)] (66) "Stub" means the detachable part of each ballot.
10 [(65)] (67) "Substitute ballots" means replacement ballots provided by an election officer
11 to the election judges when the official ballots are lost or stolen.
12 [(66)] (68) "Ticket" means each list of candidates for each political party or for each group
13 of petitioners.
14 [(67)] (69) "Transfer case" means the sealed box used to transport voted ballots to the
15 counting center.
16 [(68)] (70) "Vacancy" means the absence of a person to serve in any position created by
17 statute, whether that absence occurs because of death, disability, disqualification, resignation, or
18 other cause.
19 [(69)] (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
20 candidate by following the procedures and requirements of this title.
21 [(70)] (72) "Voter" means a person who meets the requirements of election registration
22 and is registered and is listed in the official register book.
23 [(71)] (73) "Voting area" means the area within six feet of the voting booths, voting
24 machines, and ballot box.
25 [(72)] (74) "Voting booth" means the space or compartment within a polling place that is
26 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
27 [(73)] (75) "Voting device" means:
28 (a) an apparatus in which ballot cards are used in connection with a punch device for
29 piercing the ballots by the voter;
30 (b) a device for marking the ballots with ink or another substance; or
31 (c) any other method for recording votes on ballots so that the ballot may be tabulated by

- 8 -

1 means of automatic tabulating equipment.
2 [(74)] (76) "Voting machine" means a machine designed for the sole purpose of recording
3 and tabulating votes cast by voters at an election.
4 [(75)] (77) "Voting poll watcher" means a person appointed as provided in this title to
5 witness the distribution of ballots and the voting process.
6 [(76)] (78) "Voting precinct" means the smallest voting unit established as provided by
7 law within which qualified voters vote at one polling place.
8 [(77)] (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an
9 inspecting poll watcher.
10 [(78)] (80) "Write-in ballot" means a ballot containing any write-in votes.
11 [(79)] (81) "Write-in vote" means a vote cast for a person whose name is not printed on
12 the ballot according to the procedures established in this title.
13 Section 2. Section 20A-2-104 is amended to read:
14 20A-2-104. Voter registration form.
15 (1) Every person applying to be registered shall complete a registration form printed in
16 substantially the following form:
17 -----------------------------------------------------------------------------------------------------------------------
18 UTAH ELECTION REGISTRATION FORM
19 Name of Voter __________________________________________________________
20 First Middle Last
21 Driver License or Identification Card Number ___________________________
22 Date of Birth ______________________________________________________
23 Street Address of Principal Place of Residence ___________________________________
24 ______________________________________________________________________________
25 City County State Zip Code
26 Telephone Number (optional) _________________________
27 Last four digits of Social Security Number (optional) ______________________
28 Place of Birth _____________________________
29 Last former address at which I was registered to vote (if known) ____________
30 _____________________________________________________________________________
31 City County State Zip Code

- 9 -

1 ______________________________________________________________________________
2 Voting Precinct (if known)
3 Political Party (optional) _____________________________________________________
4 I do swear (or affirm), subject to penalty of law for false statements, that the information
5 contained in this form is true, and that I am a citizen of the United States and a resident of the state
6 of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
7 for 30 days immediately before the next election.
8 Signed and sworn __________________________________________________________
9 Voter's Signature
10 Date _______________, 19 ______.
11 NOTICE: IN ORDER TO VOTE, YOUR NAME MUST APPEAR IN THE OFFICIAL
12 REGISTER.
13 FOR OFFICIAL USE ONLY
14 Voting Precinct _________________________
15 Voting I.D. Number _____________________
16 ------------------------------------------------------------------------------------------------------------------------
17 (2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
18 may be electronic or some other recognized system.
19 (3) (a) Each county clerk shall retain lists of currently registered voters.
20 (b) (i) Voter registration lists are public information and shall be made available for the
21 public to view in the clerk's office.
22 (ii) The lieutenant governor shall maintain a list of registered voters in electronic form.
23 (iii) If there are any discrepancies between the two lists, the county clerk's list is the
24 official list.
25 (c) The lieutenant governor and the county clerks may charge individuals who wish to
26 obtain a copy of the list of registered voters.
27 (i) Any registered voter may submit a written request to the county clerk to have their
28 voter registration record secured.
29 (ii) After receipt of a written request, the county clerk and the lieutenant governor may not
30 provide that voter's information on the lists that are sold to the public.
31 Section 3. Section 20A-2-203 is amended to read:

- 10 -

1 20A-2-203. Satellite location -- Registration by satellite registrar.
2 (1) (a) Each county clerk shall designate at least one satellite location for voter registration
3 for every 25,000 people residing within the county.
4 (b) A county clerk may designate as many satellite locations as desired.
5 (2) (a) Any person who meets the voter registration requirements may register to vote with
6 a satellite registrar at any satellite location within the person's county of residence between 8 a.m.
7 and 8 p.m.:
8 (i) on the Monday and Tuesday, the seventh and eighth day, before the regular primary
9 election in counties holding a primary election;
10 (ii) on the Monday and Tuesday, the seventh and eighth day, before the regular general
11 election;
12 (iii) on the Monday and Tuesday, the seventh and eighth day, before the municipal primary
13 election in municipalities holding a municipal primary election; and
14 (iv) on the Monday and Tuesday, the seventh and eighth day, before the municipal general
15 election.
16 (b) Each satellite registrar shall register to vote all persons who:
17 (i) present themselves for registration; and
18 (ii) are legally qualified and entitled to vote in that voting precinct on election day.
19 (3) For municipal elections, the municipality in which the registration is made shall pay
20 the expenses of registration.
21 Section 4. Section 20A-2-204 is amended to read:
22 20A-2-204. Registering to vote when applying for or renewing a driver license.
23 (1) As used in this section, "voter registration form" means the driver license
24 application/voter registration form and the driver license renewal/voter registration form required
25 by Section 20A-2-106.
26 (2) Any citizen who is qualified to vote may register to vote by completing the voter
27 registration form.
28 (3) The Driver License Division shall:
29 (a) assist applicants in completing the voter registration form unless the applicant refuses
30 assistance;
31 (b) accept completed forms for transmittal to the appropriate election official;

- 11 -

1 (c) transmit a copy of each voter registration form to the appropriate election official
2 within five days after it is received by the division; [and]
3 (d) transmit each address change within five days after it is received by the division; and
4 (e) transmit electronically to the lieutenant governor's office the name, address, birth date,
5 and driver license number of each person who answers "yes" to the question on the driver license
6 form about registering to vote.
7 (4) Upon receipt of a correctly completed voter registration form, the county clerk shall:
8 (a) enter the applicant's name on the list of registered voters for the voting precinct in
9 which the applicant resides; and
10 (b) notify the applicant of registration.
11 (5) (a) If the county clerk receives a correctly completed voter registration form that is
12 dated less than 20 days before an election, the county clerk shall:
13 (i) register the applicant after the next election; and
14 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
15 informing the applicant that his registration will not be effective until after the election.
16 (b) When the county clerk receives any voter registration forms at least seven days before
17 an election that are dated at least 20 days before the election, the county clerk shall:
18 (i) process the voter registration forms; and
19 (ii) record the new voters in the official register and posting list.
20 (6) If the county clerk determines that a voter registration form received from the Driver
21 License Division is incorrect because of an error or because it is incomplete, the county clerk shall
22 mail notice to the person attempting to register, informing him that he has not been registered
23 because of an error or because the form is incomplete.
24 Section 5. Section 20A-2-305 is amended to read:
25 20A-2-305. Removing names from the official register -- General requirements.
26 (1) The county clerk may not remove a voter's name from the official register because the
27 voter has failed to vote in an election.
28 (2) The county clerk may remove a voter's name from the official register only when:
29 (a) the voter dies and the requirements of Subsection (3) are met;
30 (b) the county clerk, after complying with the requirements of Section 20A-2-306, receives
31 written confirmation from the voter that the voter no longer resides within the county clerk's

- 12 -

1 county;
2 (c) the county clerk has obtained evidence that the voter's residence has changed, has
3 mailed notice to the voter as required by Section 20A-2-306 and received no response from the
4 voter, and the voter has failed to vote or appear to vote in either of the next two regular general
5 elections following the date of the notice;
6 (d) the voter requests, in writing, that his name be removed from the official register; or
7 (e) the county clerk receives a returned voter identification card, determines that there was
8 no clerical error causing the card to be returned, and has no further information to contact the
9 voter.
10 (3) The county clerk may remove a voter's name from the registration list upon the annual
11 receipt of a listing of all deceased residents from the Department of Health's Bureau of Vital
12 Records[, after the county clerk:].
13 [(a) compares that listing to the list of registered voters;]
14 [(b) sends a letter addressed to the residence of the person whose name appears on both
15 lists indicating that, unless advised otherwise, the clerk will delete that name from the registered
16 voter's roll; and]
17 [(c) the clerk has received no objection to the removal after 30 days from the date the
18 notice was mailed.]
19 Section 6. Section 20A-3-202 is amended to read:
20 20A-3-202. Challenges -- Recorded in official register and in pollbook.
21 (1) (a) When any person applies for a ballot or when a person offers a ballot for deposit
22 in the ballot box, the person's right to vote in that voting precinct and in that election may be orally
23 challenged by an election judge or any challenger orally stating the challenged voter's name and
24 the basis for the challenge.
25 (b) A person may challenge another person's right to vote by alleging that:
26 (i) the voter is not the person whose name appears in the official register and under which
27 name the right to vote is claimed;
28 (ii) the voter is not a resident of Utah;
29 (iii) the voter is not a citizen of the United States;
30 (iv) the voter has not or will not have resided in Utah for 30 days immediately before the
31 date of the election;

- 13 -

1 (v) the voter does not live in the voting precinct;
2 (vi) the voter does not live within the geographic boundaries of the entity holding the
3 election;
4 (vii) the voter's principal place of residence is not in the voting precinct;
5 (viii) the voter's principal place of residence is not in the geographic boundaries of the
6 election area;
7 (ix) the voter has voted before in the election;
8 (x) the voter is not at least 18 years old; or
9 (xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a
10 resident of the entity holding the election before the voter was confined or incarcerated.
11 (2) (a) The election judges shall give the voter a ballot and allow the voter to vote if:
12 (i) the person challenged signs a written affidavit certifying that he meets all the
13 requirements for voting; and
14 (ii) the election judge determines that the person challenged is registered to vote.
15 (b) The election judges may not give the voter a ballot or allow the voter to vote if:
16 (i) the person challenged refuses to sign the written affidavit; or
17 (ii) the election judge determines that the person challenged is not registered to vote.
18 (c) (i) It is unlawful for any person to sign an affidavit certifying that he meets all the
19 requirements for voting when that person knows he does not meet at least one of those
20 requirements.
21 (ii) Any person who violates this Subsection (c) is guilty of a class B misdemeanor.
22 (3) (a) Any person may challenge the right to vote of any person whose name appears on
23 the posting list by filing a written signed statement identifying the challenged voter's name and the
24 basis for the challenge with the county clerk on the Friday before the election during regular
25 business hours.
26 (b) The person challenging a person's right to vote shall allege one or more of the grounds
27 established in Subsection (1)(b) as the basis for the challenge.
28 (c) The county clerk shall:
29 (i) carefully preserve the written challenges;
30 (ii) write in the appropriate official register opposite the name of any person for whom the
31 county clerk received a written challenge, the words "To be challenged"; and

- 14 -

1 (iii) transmit the written challenges to election judges of that voting precinct.
2 (d) On election day, the election judges shall raise the written challenge with the voter
3 before giving the voter a ballot.
4 (e) If the person challenged takes an oath before any of the election judges that the grounds
5 of the challenge are false, the judges shall allow the person to vote.
6 (f) If the person applying to vote does not meet the legal requirements to vote, or refuses
7 to take the oath, the election judges may not deliver a ballot to him.
8 (4) The election judges shall record all challenges in the official register and on the
9 challenge sheets in the pollbook.
10 (5) If the person challenged under Subsection (3) voted an absentee ballot, the county clerk
11 shall submit the name of the voter and the challenge to the voter to the county attorney for
12 investigation and prosecution for voter fraud.
13 Section 7. Section 20A-3-302 is amended to read:
14 20A-3-302. Absentee voting -- No polling place for remote districts.
15 (1) Whenever, on the 60th day before an election, there are [100] 300 or less persons
16 registered to vote in a voting precinct, the county legislative body of the county in which the
17 voting precinct is located may elect to administer an election entirely by absentee ballot.
18 (2) If the county legislative body of the county in which the voting precinct is located
19 decides to administer an election entirely by absentee ballot, the county clerk shall mail to each
20 registered voter within that voting precinct:
21 (a) an absentee ballot;
22 (b) a statement that there will be no polling place for the election;
23 (c) instructions for returning the ballot that include an express notice about any relevant
24 deadlines that the voter must meet in order for his vote to be counted; and
25 (d) a warning, on a separate page of colored paper in bold face print, indicating that if the
26 voter fails to follow the instructions included with the absentee ballot, he will be unable to vote
27 in that election because there will be no polling place in the voting precinct on the day of the
28 election.
29 (3) Any voter who votes by absentee ballot under this subsection is not required to apply
30 for an absentee ballot as required by this part.
31 (4) (a) The county clerk of a county that administers an election entirely by absentee ballot

- 15 -

1 shall:
2 (i) obtain, in person, the signatures of each voter within that voting precinct before the
3 election; and
4 (ii) maintain the signatures on file in the county clerk's office.
5 (b) (i) Upon receiving the returned absentee ballots, the county clerk shall compare the
6 signature on each absentee ballot with the voter's signature that is maintained on file and verify
7 that the signatures are the same.
8 (ii) If the county clerk questions the authenticity of the signature on the absentee ballot,
9 the clerk shall immediately contact the voter to verify the signature.
10 (iii) If the voter does not confirm his signature on the absentee ballot, the county clerk
11 shall:
12 (A) immediately send another absentee ballot and other voting materials as required by
13 this subsection to the voter; and
14 (B) disqualify the initial absentee ballot.
15 Section 8. Section 20A-4-306 is amended to read:
16 20A-4-306. Statewide canvass.
17 (1) (a) The state board of canvassers shall convene:
18 (i) on the fourth Monday of November, at noon; or
19 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
20 returns of a statewide special election.
21 (b) The state auditor, the state treasurer, and the attorney general are the state board of
22 canvassers.
23 (2) (a) The state board of canvassers shall:
24 (i) meet in the lieutenant governor's office; and
25 (ii) compute and determine the vote for officers and for and against any ballot propositions
26 voted upon by the voters of the entire state or of two or more counties.
27 (b) The lieutenant governor, as secretary of the board shall file a report in his office that
28 details:
29 (i) for each statewide officer and ballot proposition:
30 (A) the name of the statewide office or ballot proposition that appeared on the ballot;
31 (B) the candidates for each statewide office whose names appeared on the ballot, plus any

- 16 -

1 recorded write-in candidates;
2 (C) the number of votes from each county cast for each candidate and for and against each
3 ballot proposition;
4 (D) the total number of votes cast statewide for each candidate and for and against each
5 ballot proposition; and
6 (E) the total number of votes cast statewide; and
7 (ii) for each officer or ballot proposition voted on in two or more counties:
8 (A) the name of each of those offices and ballot propositions that appeared on the ballot;
9 (B) the candidates for those offices, plus any recorded write-in candidates;
10 (C) the number of votes from each county cast for each candidate and for and against each
11 ballot proposition; and
12 (D) the total number of votes cast for each candidate and for and against each ballot
13 proposition.
14 (c) The lieutenant governor shall:
15 (i) prepare certificates of election for:
16 (A) each successful candidate; and
17 (B) each of the presidential electors of the candidate for president who received a majority
18 of the votes;
19 (ii) authenticate each certificate with his seal; and
20 (iii) deliver a certificate of election to:
21 (A) each candidate who had the highest number of votes for each office; and
22 (B) each of the presidential electors of the candidate for president who received a majority
23 of the votes.
24 (3) If the lieutenant governor has not received election returns from all counties on the fifth
25 day before the day designated for the meeting of the state board of canvassers, the lieutenant
26 governor shall:
27 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
28 county;
29 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
30 required by Section 20A-4-304 from the clerk; and
31 (c) pay the messenger the per diem provided by law as compensation.

- 17 -

1 (4) The state board of canvassers may not withhold the declaration of the result or any
2 certificate of election because of any defect or informality in the returns of any election if the board
3 can determine from the returns, with reasonable certainty, what office is intended and who is
4 elected to it.
5 (5) (a) At noon on the third Monday after the primary election, the lieutenant governor
6 shall:
7 (i) canvass the returns for all multicounty candidates required to file with the office of the
8 lieutenant governor; and
9 (ii) publish and file the results of the canvass in the offices of the lieutenant governor.
10 (b) The lieutenant governor shall certify the results of the primary canvass to the county
11 clerks not later than the [September] August 1 after the primary election.
12 Section 9. Section 20A-5-103 is amended to read:
13 20A-5-103. Constitutional amendments -- Posting.
14 (1) Whenever a constitutional amendment is submitted to a vote of the people for their
15 approval or rejection, the county clerk shall:
16 (a) cause the original section of the constitution to be printed on cards in large clear type
17 with the changes to it indicated by bracketing and interlining any language proposed to be repealed
18 and underlining any new language proposed to be inserted; and
19 (b) place the question as it appears upon the official ballot after the original section.
20 (2) If there is more than one amendment submitted, the clerk shall ensure that the proposed
21 amendments are placed upon the cards in columns in the same order as they will appear upon the
22 official ballot.
23 (3) Each county clerk shall:
24 (a) provide the election judges for each voting precinct with [six] two constitutional
25 amendment cards; and
26 (b) direct the election judges to post [at least three] the two constitutional amendment
27 cards in and about the polling place.
28 Section 10. Section 20A-5-303 is amended to read:
29 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
30 Combined voting precincts -- Counties.
31 (1) The county legislative body may establish, divide, abolish, and change voting

- 18 -

1 precincts.
2 (2) (a) The county legislative body shall alter or divide voting precincts so that each voting
3 precinct contains not more than 1,000 active voters.
4 (b) The county legislative body shall:
5 (i) identify those precincts that may reach 1,000 active voters or become too large to
6 facilitate the election process; and
7 (ii) divide those precincts before February 1.
8 (3) The county legislative body may not:
9 (a) establish or abolish any voting precinct after February 1, of a regular general election
10 year; or
11 (b) alter or change the boundaries of any voting precinct after February 1, of a regular
12 general election year.
13 (4) For the purpose of balloting on regular primary or regular general election day, the
14 county legislative body may establish a common polling place for two or more whole voting
15 precincts according to the following requirements:
16 (a) the total population of the combined voting precinct may not exceed 3,000 active
17 voters;
18 (b) the combined voting precincts shall all lie within the same legislative district; and
19 (c) the voting precincts shall be combined for balloting purposes at least 90 days before
20 the election.
21 Section 11. Section 20A-5-409 is enacted to read:
22 20A-5-409. Certification of candidates to county clerks.
23 By September 1 of each regular general election year, the lieutenant governor shall certify
24 to each county clerk the name of each candidate qualified to be printed on the regular general
25 election ballot for that county clerk's county.
26 Section 12. Section 20A-5-601 is amended to read:
27 20A-5-601. Election judges -- Appointment for regular general elections.
28 (1) (a) By March 1 of each even-numbered year, each county clerk shall provide to the
29 county chair of each registered political party a list of the number of election judges that the party
30 must nominate for each voting precinct.
31 (b) (i) By April 1 of each even-numbered year, the county chair and secretary of each

- 19 -

1 registered political party shall file a list with the county clerk containing, for each voting precinct,
2 the names of registered voters in the county who are willing to be election judges and who are
3 competent and trustworthy.
4 (ii) The county chair and secretary shall submit, for each voting precinct, names equal in
5 number to the number required by the county clerk plus one.
6 (2) Each county legislative body shall provide for the appointment of persons to serve as
7 election judges at the regular primary and regular general election.
8 (3) [Each] For regular general elections, each county legislative body shall provide for the
9 appointment of:
10 (a) (i) three registered voters from the list to serve as receiving judges for each voting
11 precinct when ballots will be counted after the polls close; or
12 (ii) three registered voters from the list to serve as receiving judges in each voting precinct
13 and three registered voters from the list to serve as counting judges in each voting precinct when
14 ballots will be counted throughout election day; and
15 (b) three registered voters from the list for each 100 absentee ballots to be counted to serve
16 as canvassing judges.
17 (4) For regular primary elections, each county legislative body shall provide for the
18 appointment of:
19 (a) (i) two registered voters from the list to serve as receiving judges for each voting
20 precinct when ballots will be counted after the polls close; or
21 (ii) two registered voters from the list to serve as receiving judges in each voting precinct
22 and two registered voters from the list to serve as counting judges in each voting precinct when
23 ballots will be counted throughout election day; and
24 (b) two registered voters from the list for each 100 absentee ballots to be counted to serve
25 as canvassing judges.
26 [(4)] (5) Each county legislative body may provide for the appointment of:
27 (a) three registered voters from the list to serve as inspecting judges at the regular general
28 election to observe the clerk's receipt and deposit of the ballots for safekeeping; and
29 (b) two registered voters from the list to serve as inspecting judges at the regular primary
30 election to observe the clerk's receipt and deposit of the ballots for safekeeping.
31 [(5)] (6) (a) For each set of three counting or receiving judges to be appointed for each

- 20 -

1 voting precinct for the regular general election, the county legislative body shall ensure that:
2 [(a)] (i) two judges are appointed from the political party that cast the highest number of
3 votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
4 excluding votes for unopposed candidates, in the voting precinct at the last regular general election
5 before the appointment of the election judges; and
6 [(b)] (ii) one judge is appointed from the political party that cast the second highest
7 number of votes for governor, lieutenant governor, attorney general, state auditor, and state
8 treasurer, excluding votes for unopposed candidates, in the voting precinct at the last regular
9 general election before the appointment of the election judges.
10 (b) For each set of three counting or receiving judges to be appointed for each voting
11 precinct for the regular primary election, the county legislative body shall ensure that:
12 (i) one judge is appointed from the political party that cast the highest number of votes for
13 governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding votes
14 for unopposed candidates, in the voting precinct at the last regular general election before the
15 appointment of the election judges; and
16 (ii) one judge is appointed from the political party that cast the second highest number of
17 votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
18 excluding votes for unopposed candidates, in the voting precinct at the last regular general election
19 before the appointment of the election judges.
20 [(6)] (7) When the voting precinct boundaries have been changed since the last regular
21 general election, the county legislative body shall ensure that:
22 (a) for the regular election, not more than two of the judges are selected from the political
23 party that cast the highest number of votes for the offices of governor, lieutenant governor,
24 attorney general, state auditor, and state treasurer in the territory that formed the voting precinct
25 at the time of appointment; and
26 (b) for the regular primary election, not more than one of the judges is selected from the
27 political party that cast the highest number of votes for the offices of governor, lieutenant
28 governor, attorney general, state auditor, and state treasurer in the territory that formed the voting
29 precinct at the time of appointment.
30 [(7)] (8) The county legislative body shall provide for the appointment of any qualified
31 county voter as an election judge when:

- 21 -

1 (a) a political party fails to file the election judge list by the filing deadline; or
2 (b) the list is incomplete.
3 [(8)] (9) A registered voter of the county may serve as an election judge in any voting
4 precinct of the county.
5 [(9)] (10) If a person serves as an election judge outside the voting precinct where the
6 person is registered, that person may vote an absentee voter ballot.
7 [(10)] (11) The county clerk shall fill all vacancies in the office of election judge.
8 [(11)] (12) If a conflict arises over the right to certify the election judge lists for any
9 political party, the county legislative body may decide between conflicting lists, but may only
10 select names from a properly submitted list.
11 [(12)] (13) The county legislative body shall establish compensation for election judges.
12 Section 13. Section 20A-9-601 is amended to read:
13 20A-9-601. Qualifying as a write-in candidate.
14 (1) (a) Except as provided in Subsection (2), each person wishing to become a valid
15 write-in candidate shall file a declaration of candidacy with the appropriate filing officer not later
16 than 14 days before the regular general election or municipal general election in which the person
17 intends to be a write-in candidate.
18 (b) (i) The filing officer shall:
19 (A) read to the candidate the constitutional and statutory requirements for the office; and
20 (B) ask the candidate whether or not the candidate meets the requirements.
21 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
22 accept the write-in candidate's declaration of candidacy.
23 (2) A write-in candidate in second class cities, third class cities, towns, and special
24 districts need not prequalify with the filing officer.
25 (3) By November 1 of each regular general election year, the lieutenant governor shall
26 certify to each county clerk the names of all write-in candidates who:
27 (a) filed their declaration of candidacy with the lieutenant governor; and
28 (b) are qualified to be printed on the regular general election ballot in that county clerk's
29 county.
30 Section 14. Section 20A-9-701 is enacted to read:
31 Part 7. Party Candidates

- 22 -

1 20A-9-701. Certification of party candidates to county clerks.
2 By September 1 of each regular general election year, the lieutenant governor shall certify
3 to each county clerk the names of each candidate, including candidates for president and vice
4 president, certified by each registered political party as that party's nominees for offices to be
5 voted upon at the regular general election in that county clerk's county.
6 Section 15. Section 20A-12-201 is amended to read:
7 20A-12-201. Judicial appointees -- Retention elections.
8 (1) (a) Each appointee to a court of record is subject to an unopposed retention election
9 at the first general election held more than three years after the judge or justice was appointed.
10 (b) After the first retention election:
11 (i) each Supreme Court justice shall be on the regular general election ballot for an
12 unopposed retention election every tenth year; and
13 (ii) each judge of other courts of record shall be on the regular general election ballot for
14 an unopposed retention election every sixth year.
15 (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the
16 year the justice or judge is subject to a retention election:
17 (i) file a declaration of candidacy as if a candidate for multi-county office in accordance
18 with Section 20A-9-202; and
19 (ii) pay a filing fee of $50.
20 (b) Each county justice judge who wishes to retain office shall, in the year the justice or
21 judge is subject to a retention election:
22 (i) file a declaration of candidacy as if a candidate for county office in accordance with
23 Section 20A-9-202; and
24 (ii) pay a filing fee of $25.
25 (3) (a) The lieutenant governor shall, by September 1 of each regular general election year:
26 (i) transmit a certified list containing the names of the justices of the Supreme Court and
27 judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
28 (ii) transmit a certified list containing the names of judges of other courts of record
29 declaring their candidacy to the county clerk of each county in the geographic division in which
30 the judge filing the declaration holds office.
31 (b) Each county clerk shall place the names of justices and judges standing for retention

- 23 -

1 election in the nonpartisan section of the ballot.
2 (4) At the general election, the ballots shall contain, as to each justice or judge of any court
3 of record to be voted on in the county, the following question:
4 "Shall ______________________________(name of justice or judge) be retained in the
5 office of ___________________________?" (name of office, such as "Justice of the Supreme
6 Court of Utah;" "Judge of the Court of Appeals of Utah;" "Judge of the District Court of the Third
7 Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District;" "County
8 Justice Judge of (name of county) County")
9 Yes ()
10 No ()."
11 (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
12 is retained for the term of office provided by law.
13 (b) If the justice or judge receives more no votes than yes votes, the justice or judge is not
14 retained, and a vacancy exists in the office on the first Monday in January after the regular general
15 election.
16 (6) A justice or judge not retained is ineligible for appointment to the office for which the
17 justice or judge was defeated until after the expiration of that term of office.
18 Section 16. Section 20A-14-105 is amended to read:
19 20A-14-105. Becoming a candidate for membership on the State Board of Education
20 -- Selection of candidates by the governor -- Ballot placement.
21 (1) By September 1 of each regular general election year, the governor shall:
22 (a) for each state board district subject to election in that year, select two candidates for
23 the State Board of Education from the lists submitted by the state board district nominating
24 committees; and
25 (b) certify the names of the two candidates from each school board district to the lieutenant
26 governor.
27 (2) If the governor fails to select two candidates for a state board district by September 1,
28 the nominating committee from that district shall:
29 (a) select the two candidates; and
30 (b) notify the lieutenant governor of its selections by September 15.
31 (3) The lieutenant governor shall:

- 24 -

1 (a) conduct a lottery to determine the order of the candidates' names on the ballot;
2 (b) by September 1 of each regular general election year, certify the names and order of
3 the names to the county clerks for placement on the nonpartisan section of the ballot.




Legislative Review Note
as of 11-21-96 8:43 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.

- 25 -