H.B. 193

1

ELECTION LAW - SUBSTANTIVE
2 REVISIONS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Lowell A. Nelson
6 AN ACT RELATING TO ELECTIONS; MODIFYING REQUIREMENTS FOR CANVASSING
7 RETURNS; CLARIFYING REQUIREMENTS FOR WRITE-IN CANDIDATES; AND
8 MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-4-301, as last amended by Chapter 2, Laws of Utah 1994
12 20A-9-601, as last amended by Chapters 130 and 183, Laws of Utah 1997
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 20A-4-301 is amended to read:
15 20A-4-301. Board of canvassers.
16 (1) (a) Each county legislative body is the board of county canvassers for the county.
17 (b) The board of county canvassers shall meet to canvass the returns at the usual place of
18 meeting of the county legislative body, at noon on the Monday after the election.
19 (c) If one or more of the county legislative body fails to attend the meeting of the board
20 of county canvassers, the remaining members shall replace the absent member by appointing in
21 the order named:
22 (i) the county treasurer;
23 (ii) the county assessor; or
24 (iii) the county sheriff.
25 (d) The board of county canvassers shall always consist of three acting members.
26 (e) The county clerk is the clerk of the board of county canvassers.
27 (2) (a) The mayor and the municipal legislative body are the board of municipal canvassers

1 for the municipality.
2 (b) The board of municipal canvassers shall meet to canvass the returns at the usual place
3 of meeting of the municipal legislative body no sooner than three days and no later than seven days
4 after the election.
5 (3) (a) The governing board of a special district is the board of canvassers for that special
6 district.
7 (b) The special district board of canvassers shall meet to canvass the returns at the usual
8 place of meeting of the special district governing board no sooner than three days and no later than
9 seven days after the election.
10 (4) (a) This part does not apply to bond elections.
11 (b) Persons responsible for canvassing bond elections shall comply with the canvassing
12 procedures and requirements of Title 11, Chapter 14, Utah Municipal Bond Act.
13 Section 2. Section 20A-9-601 is amended to read:
14 20A-9-601. Qualifying as a write-in candidate.
15 (1) (a) [Except as provided in Subsection (2), each] Each person wishing to become a valid
16 write-in candidate shall file a declaration of candidacy with the appropriate filing officer not later
17 than 14 days before the regular general election or municipal general election in which the person
18 intends to be a write-in candidate.
19 (b) (i) The filing officer shall:
20 (A) read to the candidate the constitutional and statutory requirements for the office; and
21 (B) ask the candidate whether or not the candidate meets the requirements.
22 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
23 accept the write-in candidate's declaration of candidacy.
24 (2) A write-in candidate in [third class cities,] towns[,] and special districts need not
25 prequalify with the filing officer.
26 (3) By November 1 of each regular general election year, the lieutenant governor shall
27 certify to each county clerk the names of all write-in candidates who filed their declaration of
28 candidacy with the lieutenant governor.


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Legislative Review Note
as of 12-8-97 8:23 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 Government Operations Interim Committee recommended this bill.

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