H.B. 193 Enrolled

ELECTION LAW - SUBSTANTIVE REVISIONS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Lowell A. Nelson
AN ACT RELATING TO ELECTIONS; MODIFYING REQUIREMENTS FOR CANVASSING
RETURNS; CLARIFYING REQUIREMENTS FOR WRITE-IN CANDIDATES; AND
MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-4-301, as last amended by Chapter 2, Laws of Utah 1994
20A-9-601, as last amended by Chapters 130 and 183, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-4-301 is amended to read:
20A-4-301. Board of canvassers.
(1) (a) Each county legislative body is the board of county canvassers for the county.
(b) The board of county canvassers shall meet to canvass the returns at the usual place of
meeting of the county legislative body, at noon on the Monday after the election.
(c) If one or more of the county legislative body fails to attend the meeting of the board
of county canvassers, the remaining members shall replace the absent member by appointing in
the order named:
(i) the county treasurer;
(ii) the county assessor; or
(iii) the county sheriff.
(d) The board of county canvassers shall always consist of three acting members.
(e) The county clerk is the clerk of the board of county canvassers.
(2) (a) The mayor and the municipal legislative body are the board of municipal canvassers
for the municipality.
(b) The board of municipal canvassers shall meet to canvass the returns at the usual place
of meeting of the municipal legislative body no sooner than three days and no later than seven days

after the election.
(3) (a) The governing board of a special district is the board of canvassers for that special
district.
(b) The special district board of canvassers shall meet to canvass the returns at the usual
place of meeting of the special district governing board no sooner than three days and no later than
seven days after the election.
(4) (a) This part does not apply to bond elections.
(b) Persons responsible for canvassing bond elections shall comply with the canvassing
procedures and requirements of Title 11, Chapter 14, Utah Municipal Bond Act.
Section 2. 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] Each person wishing to become a valid
write-in 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 [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.

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