H.B. 29 Enrolled

ELECTION LAW - TECHNICAL AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Bryan D. Holladay

Darin G. Peterson

This act modifies the Election Code to address the municipal primary canvass process, tie
votes, the power of the Legislature to modify initiatives, misconduct of electors and offices
in local initiatives and referenda, and the form of the special military write-in absentee
ballot. This act directs clerks to prepare overseas citizen absentee voter ballots and makes
technical corrections. This act has an immediate effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-1-304, as enacted by Chapter 1, Laws of Utah 1993
20A-3-404, as enacted by Chapter 1, Laws of Utah 1993
20A-4-401, as last amended by Chapter 3, Laws of Utah 2000
20A-7-212, as enacted by Chapter 1, Laws of Utah 1994
20A-7-512, as last amended by Chapter 165, Laws of Utah 1995
20A-7-612, as last amended by Chapter 165, Laws of Utah 1995
ENACTS:
20A-3-404.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-1-304 is amended to read:
20A-1-304. Tie votes.
[If] (1) Except as provided in Subsection (2), if two or more candidates for a position have
an equal and the highest number of votes for any office, the election officer shall determine by lot
which candidate is selected in a public meeting in the presence of each person subject to the tie
within 30 days of the canvass or within 30 days of the recount if one is requested or held.
(2) For any municipal primary election, if two or more candidates for a position have an
equal and the highest number of votes for any office, the election officer shall determine by lot

which candidate is selected in a public meeting in the presence of each person subject to the tie
within five days of the canvass or within five days of the recount if one is requested or held.
Section 2. Section 20A-3-404 is amended to read:
20A-3-404. Special military write-in absentee ballots.
(1) Notwithstanding any other provisions of this chapter, a military voter may apply for a
special write-in absentee ballot not later than 30 days before an election.
(2) To qualify for a special write-in absentee ballot, a military voter shall:
(a) apply for a special write-in absentee ballot by submitting a federal postcard application
form; and
(b) state on the form or on a separate paper submitted with the form that he is unable to vote
by regular absentee ballot or in person because of his military service.
(3) Upon receipt of the application, the county clerk shall issue and mail a special military
write-in ballot[, in substantially the following form, to the military voter who requested it].
["OFFICIAL MILITARY WRITE-IN]
[ABSENTEE-VOTER BALLOT]
[Instructions: You may vote this ballot by:]
[1. Listing the name of the party for whose candidate for each office you wish to vote; or]
[2. By listing the name of the candidate, if known, or the person of your choice for whom
you wish to vote. BALLOT]
[President/Vice-president ________________________________________________]
[United States Senator ________________________________________________]
[United States Representative _________________________________________"]
Section 3. Section 20A-3-404.5 is enacted to read:
20A-3-404.5. Special overseas citizen voter absentee ballot.
(1) As used in this section, "federal office" means President/Vice President of the United
States, United States Senator, and United States Representative.
(2) Each county clerk, after consulting with the chief election officer, shall prepare a special
overseas citizen voter ballot containing a means for the overseas citizen voter to vote for each federal

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office that will appear on the regular general election ballot.
Section 4. Section 20A-4-401 is amended to read:
20A-4-401. Recounts -- Procedure.
(1) (a) (i) For any regular primary, [municipal primary,] regular general, or municipal general
election, or the Western States Presidential primary, when any candidate loses by not more than a
total of one vote per voting precinct, the candidate may file a request for a recount with the
appropriate election officer within seven days after the canvass.
(ii) For any municipal primary election, when any candidate loses by not more than a total
of one vote per voting precinct, the candidate may file a request for a recount with the appropriate
election officer within three days after the canvass.
(b) The election officer shall:
(i) supervise the recount;
(ii) recount all ballots cast for that office;
(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part 3;
and
(iv) declare elected the person receiving the highest number of votes on the recount.
(2) (a) Any ten voters who voted in an election when any ballot proposition was on the ballot
may file a request for a recount with the appropriate election officer within seven days of the
canvass.
(b) The election officer shall:
(i) supervise the recount;
(ii) recount all ballots cast for that ballot proposition;
(iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part 3;
and
(iv) declare the ballot proposition to have "passed" or "failed" based upon the results of the
recount.
(c) Proponents and opponents of the ballot proposition may designate representatives to
witness the recount.

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(d) The person or entity requesting the recount shall pay the costs of the recount.
(3) Costs incurred by recount under Subsection (1) may not be assessed against the person
requesting the recount.
Section 5. Section 20A-7-212 is amended to read:
20A-7-212. Effective date.
(1) A proposed law submitted to the Legislature by initiative petition and enacted by them
takes effect 60 days after the final adjournment of the session of the Legislature that passed it, unless
a different effective date is included in the proposed law and the proposed law passes the Legislature
by a two-thirds vote of the members elected to each house of the Legislature.
(2) (a) Any proposed law submitted to the people by initiative petition that is approved by
the voters at any election does not take effect until at least five days after the date of the official
proclamation of the vote by the governor.
(b) Any act or law submitted to the people by initiative that is approved by the voters at any
election takes effect on the date specified in the initiative petition.
(c) If the initiative petition does not specify an effective date, a law approved by the voters
at any election takes effect five days after the date of the official proclamation of the vote by the
governor.
(3) (a) The governor may not veto a law adopted by the people.
(b) The Legislature may amend any [laws] initiative approved by the people at any
legislative session [after the law has taken effect].
Section 6. Section 20A-7-512 is amended to read:
20A-7-512. Misconduct of electors and officers -- Penalty.
(1) It is unlawful for any person to:
(a) sign any name other than his own to any initiative petition;
(b) knowingly sign his name more than once for the same measure at one election;
(c) sign an initiative knowing he is not a legal voter; or
(d) knowingly and willfully violate any provision of this part.
(2) It is unlawful for any person to sign the verification for an initiative packet knowing that:

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(a) he does not meet the residency requirements of Section 20A-2-105 ;
(b) he has not witnessed the signatures of those persons whose names appear in the initiative
packet; or
(c) one or more persons whose signatures appear in the initiative packet is either:
(i) not registered to vote in Utah; or
(ii) does not intend to become registered to vote in Utah.
[(2)] (3) Any person violating this part is guilty of a class A misdemeanor.
(4) The county attorney or municipal attorney shall prosecute any violation of this section.
Section 7. Section 20A-7-612 is amended to read:
20A-7-612. Misconduct of electors and officers -- Penalty.
(1) It is unlawful for any person to:
(a) sign any name other than his own to any referendum petition;
(b) knowingly sign his name more than once for the same measure at one election;
(c) sign a referendum knowing he is not a legal voter; or
(d) knowingly and willfully violate any provision of this part.
(2) It is unlawful for any person to sign the verification for a referendum packet knowing
that:
(a) he does not meet the residency requirements of Section 20A-2-105 ;
(b) he has not witnessed the signatures of those persons whose names appear in the
referendum packet; or
(c) one or more persons whose signatures appear in the referendum packet is either:
(i) not registered to vote in Utah; or
(ii) does not intend to become registered to vote in Utah.
[(2)] (3) Any person violating this part is guilty of a class A misdemeanor.
(4) The county attorney or municipal attorney shall prosecute any violation of this section.
Section 8. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution

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Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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