First Substitute H.B. 29

Senator Peter C. Knudson proposes to substitute the following bill:

1 ELECTION LAW - TECHNICAL AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bryan D. Holladay
5 This act modifies the Election Code to address the municipal primary canvass process, tie
6 votes, the power of the Legislature to modify initiatives, misconduct of electors and offices
7 in local initiatives and referenda, and the form of the special military write-in absentee
8 ballot. This act directs clerks to prepare overseas citizen absentee voter ballots and makes
9 technical corrections. This act has an immediate effective date.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 20A-1-304, as enacted by Chapter 1, Laws of Utah 1993
13 20A-3-404, as enacted by Chapter 1, Laws of Utah 1993
14 20A-4-401, as last amended by Chapter 3, Laws of Utah 2000
15 20A-7-212, as enacted by Chapter 1, Laws of Utah 1994
16 20A-7-512, as last amended by Chapter 165, Laws of Utah 1995
17 20A-7-612, as last amended by Chapter 165, Laws of Utah 1995
18 ENACTS:
19 20A-3-404.5, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 20A-1-304 is amended to read:
22 20A-1-304. Tie votes.
23 [If] (1) Except as provided in Subsection (2), if two or more candidates for a position have
24 an equal and the highest number of votes for any office, the election officer shall determine by lot
25 which candidate is selected in a public meeting in the presence of each person subject to the tie

26 within 30 days of the canvass or within 30 days of the recount if one is requested or held.
27 (2) For any municipal primary election, if two or more candidates for a position have an
28 equal and the highest number of votes for any office, the election officer shall determine by lot
29 which candidate is selected in a public meeting in the presence of each person subject to the tie
30 within five days of the canvass or within five days of the recount if one is requested or held.
31 Section 2. Section 20A-3-404 is amended to read:
32 20A-3-404. Special military write-in absentee ballots.
33 (1) Notwithstanding any other provisions of this chapter, a military voter may apply for
34 a special write-in absentee ballot not later than 30 days before an election.
35 (2) To qualify for a special write-in absentee ballot, a military voter shall:
36 (a) apply for a special write-in absentee ballot by submitting a federal postcard application
37 form; and
38 (b) state on the form or on a separate paper submitted with the form that he is unable to
39 vote by regular absentee ballot or in person because of his military service.
40 (3) Upon receipt of the application, the county clerk shall issue and mail a special military
41 write-in ballot[, in substantially the following form, to the military voter who requested it].
42 ["OFFICIAL MILITARY WRITE-IN]
43 [ABSENTEE-VOTER BALLOT]
44 [Instructions: You may vote this ballot by:]
45 [1. Listing the name of the party for whose candidate for each office you wish to vote; or]
46 [2. By listing the name of the candidate, if known, or the person of your choice for whom
47 you wish to vote. BALLOT]
48 [President/Vice-president ________________________________________________]
49 [United States Senator ________________________________________________]
50 [United States Representative _________________________________________"]
51 Section 3. Section 20A-3-404.5 is enacted to read:
52 20A-3-404.5. Special overseas citizen voter absentee ballot.
53 (1) As used in this section, "federal office" means President of the United States, United
54 States Senator, and United States Representative.
55 (2) Each county clerk, after consulting with the chief election officer, shall prepare a
56 special overseas citizen voter ballot containing a means for the overseas citizen voter to vote for

57 each federal office that will appear on the regular general election ballot.
58 Section 4. Section 20A-4-401 is amended to read:
59 20A-4-401. Recounts -- Procedure.
60 (1) (a) (i) For any regular primary, [municipal primary,] regular general, or municipal
61 general election, or the Western States Presidential primary, when any candidate loses by not more
62 than a total of one vote per voting precinct, the candidate may file a request for a recount with the
63 appropriate election officer within seven days after the canvass.
64 (ii) For any municipal primary election, when any candidate loses by not more than a total
65 of one vote per voting precinct, the candidate may file a request for a recount with the appropriate
66 election officer within three days after the canvass.
67 (b) The election officer shall:
68 (i) supervise the recount;
69 (ii) recount all ballots cast for that office;
70 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
71 3; and
72 (iv) declare elected the person receiving the highest number of votes on the recount.
73 (2) (a) Any ten voters who voted in an election when any ballot proposition was on the
74 ballot may file a request for a recount with the appropriate election officer within seven days of
75 the canvass.
76 (b) The election officer shall:
77 (i) supervise the recount;
78 (ii) recount all ballots cast for that ballot proposition;
79 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
80 3; and
81 (iv) declare the ballot proposition to have "passed" or "failed" based upon the results of
82 the recount.
83 (c) Proponents and opponents of the ballot proposition may designate representatives to
84 witness the recount.
85 (d) The person or entity requesting the recount shall pay the costs of the recount.
86 (3) Costs incurred by recount under Subsection (1) may not be assessed against the person
87 requesting the recount.

88 Section 5. Section 20A-7-212 is amended to read:
89 20A-7-212. Effective date.
90 (1) A proposed law submitted to the Legislature by initiative petition and enacted by them
91 takes effect 60 days after the final adjournment of the session of the Legislature that passed it,
92 unless a different effective date is included in the proposed law and the proposed law passes the
93 Legislature by a two-thirds vote of the members elected to each house of the Legislature.
94 (2) (a) Any proposed law submitted to the people by initiative petition that is approved by
95 the voters at any election does not take effect until at least five days after the date of the official
96 proclamation of the vote by the governor.
97 (b) Any act or law submitted to the people by initiative that is approved by the voters at
98 any election takes effect on the date specified in the initiative petition.
99 (c) If the initiative petition does not specify an effective date, a law approved by the voters
100 at any election takes effect five days after the date of the official proclamation of the vote by the
101 governor.
102 (3) (a) The governor may not veto a law adopted by the people.
103 (b) The Legislature may amend any [laws] initiative approved by the people at any
104 legislative session [after the law has taken effect].
105 Section 6. Section 20A-7-512 is amended to read:
106 20A-7-512. Misconduct of electors and officers -- Penalty.
107 (1) It is unlawful for any person to:
108 (a) sign any name other than his own to any initiative petition;
109 (b) knowingly sign his name more than once for the same measure at one election;
110 (c) sign an initiative knowing he is not a legal voter; or
111 (d) knowingly and willfully violate any provision of this part.
112 (2) It is unlawful for any person to sign the verification for an initiative packet knowing
113 that:
114 (a) he does not meet the residency requirements of Section 20A-2-105 ;
115 (b) he has not witnessed the signatures of those persons whose names appear in the
116 initiative packet; or
117 (c) one or more persons whose signatures appear in the initiative packet is either:
118 (i) not registered to vote in Utah; or

119 (ii) does not intend to become registered to vote in Utah.
120 [(2)] (3) Any person violating this part is guilty of a class A misdemeanor.
121 (4) The county attorney or municipal attorney shall prosecute any violation of this section.
122 Section 7. Section 20A-7-612 is amended to read:
123 20A-7-612. Misconduct of electors and officers -- Penalty.
124 (1) It is unlawful for any person to:
125 (a) sign any name other than his own to any referendum petition;
126 (b) knowingly sign his name more than once for the same measure at one election;
127 (c) sign a referendum knowing he is not a legal voter; or
128 (d) knowingly and willfully violate any provision of this part.
129 (2) It is unlawful for any person to sign the verification for a referendum packet knowing
130 that:
131 (a) he does not meet the residency requirements of Section 20A-2-105 ;
132 (b) he has not witnessed the signatures of those persons whose names appear in the
133 referendum packet; or
134 (c) one or more persons whose signatures appear in the referendum packet is either:
135 (i) not registered to vote in Utah; or
136 (ii) does not intend to become registered to vote in Utah.
137 [(2)] (3) Any person violating this part is guilty of a class A misdemeanor.
138 (4) The county attorney or municipal attorney shall prosecute any violation of this section.
139 Section 8. Effective date.
140 If approved by two-thirds of all the members elected to each house, this act takes effect
141 upon approval by the governor, or the day following the constitutional time limit of Utah
142 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
143 date of veto override.