S.B. 47 Enrolled

BALLOT REQUIREMENTS ON LEGISLATIVE
AND INITIATIVE PROPOSALS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Millie M. Peterson
This act modifies ballot requirements for regular general elections and municipal general
elections. This act establishes the title naming conventions for ballot propositions submitted
to the voters and makes technical corrections.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-6-301, as last amended by Chapter 1, Laws of Utah 1995
20A-6-303, as enacted by Chapter 2, Laws of Utah 1994
20A-6-402, as enacted by Chapter 2, Laws of Utah 1994
20A-7-103, as enacted by Chapter 340, Laws of Utah 1995
20A-7-209, as last amended by Chapter 21, Laws of Utah 1999
20A-7-308, as last amended by Chapters 20 and 153, Laws of Utah 1995
20A-7-508, as enacted by Chapter 272, Laws of Utah 1994
20A-7-608, as enacted by Chapter 272, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-6-301 is amended to read:
20A-6-301. Paper ballots -- Regular general election.
(1) Each election officer shall ensure that:
(a) all ballots furnished for use at the regular general election contain no captions or other
endorsements except as provided in this section;
(b) (i) the ballot contains a ballot stub at least one inch wide, placed across the top of the
ballot, and divided from the rest of ballot by a perforated line;
(ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and
(iii) ballot stubs are numbered consecutively;
(c) immediately below the perforated ballot stub, the following endorsements are printed

in 18-point bold type:
(i) "Official Ballot for ____ County, Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the county clerk and the words "county clerk";
(d) each ticket is placed in a separate column on the ballot in the order determined by the
election officer with the party emblem, followed by the party name, at the head of the column;
(e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
(f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and the
top of the circle is placed not less than two inches below the perforated line;
(g) unaffiliated candidates and candidates not affiliated with a registered political party are
listed in one column, without a party circle, with the following instructions printed at the head of the
column: "All candidates not affiliated with a political party are listed below. They are to be
considered with all offices and candidates listed to the left. Only one vote is allowed for each
office.";
(h) the columns containing the lists of candidates, including the party name and device, are
separated by heavy parallel lines;
(i) the offices to be filled are plainly printed immediately above the names of the candidates
for those offices;
(j) the names of candidates are printed in capital letters, not less than 1/8 nor more than 1/4
of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of an inch
apart;
(k) a square with sides measuring not less than 1/4 of an inch in length is printed at the right
of the name of each candidate;
(l) for the offices of president and vice president and governor and lieutenant governor, one
square with sides measuring not less than 1/4 of an inch in length is printed opposite a double
bracket enclosing the right side of the names of the two candidates;
(m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
write-in column long enough to contain as many written names of candidates as there are persons

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to be elected with:
(i) the offices to be filled printed above the blank spaces on the ticket; and
(ii) the words "Write-In Voting Column" printed at the head of the column without a 1/2
inch circle;
(n) when required, the ballot includes a nonpartisan ticket placed immediately to the right
of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid rule
running vertically the full length of the nonpartisan ballot copy; and
(o) constitutional amendments or other questions submitted to the vote of the people, are
printed on the ballot after the list of candidates.
(2) Each election officer shall ensure that:
(a) each person nominated by any political party or group of petitioners is placed on the
ballot:
(i) under the party name and emblem, if any; or
(ii) under the title of the party or group as designated by them in their certificates of
nomination or petition, or, if none is designated, then under some suitable title;
(b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter 9,
Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
(c) the names of the candidates for president and vice president are used on the ballot instead
of the names of the presidential electors; and
(d) the ballots contain no other names.
(3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
(a) the designation of the office to be filled in the election and the number of candidates to
be elected are printed in type not smaller than eight-point;
(b) the words designating the office are printed flush with the left-hand margin;
(c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of the
column;
(d) the nonpartisan candidates are grouped according to the office for which they are
candidates;

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(e) the names in each group are placed in alphabetical order with the surnames last, except
for candidates for the State Board of Education and local school boards;
(f) the names of candidates for the State Board of Education are placed on the ballot as
certified by the lieutenant governor under Section 20A-14-105 ;
(g) if candidates for membership on a local board of education were selected in a primary
election, the name of the candidate who received the most votes in the primary election is listed first
on the ballot;
(h) if candidates for membership on a local board of education were not selected in the
primary election, the names of the candidates are listed on the ballot in the order determined by a
lottery conducted by the county clerk; and
(i) each group is preceded by the designation of the office for which the candidates seek
election, and the words, "Vote for one" or "Vote for two or more," according to the number to be
elected.
(4) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed on the ballot under the heading
"Constitutional Amendment Number __" with the number of the constitutional amendment as
assigned under Section 20A-7-103 placed in the blank;
(b) propositions submitted to the voters by the Utah Legislature are listed on the ballot under
the heading "State Proposition Number __" with the number of the state proposition as assigned
under Section 20A-7-103 placed in the blank;
(c) propositions submitted to the voters by a county are listed on the ballot under the heading
"County Proposition Number __" with the number of the county proposition as assigned by the
county legislative body placed in the blank;
(d) propositions submitted to the voters by a school district are listed on the ballot under the
heading "School District Proposition Number __" with the number of the school district proposition
as assigned by the county legislative body placed in the blank;
(e) state initiatives that have qualified for the ballot are listed on the ballot under the heading
"Citizen's State Initiative Number __" with the number of the state initiative as assigned by Section

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20A-7-209 placed in the blank;
(f) county initiatives that have qualified for the ballot are listed on the ballot under the
heading "Citizen's County Initiative Number __" with the number of the county initiative as assigned
under Section 20A-7-508 placed in the blank;
(g) state referenda that have qualified for the ballot are listed on the ballot under the heading
"Citizen's State Referendum Number __" with the number of the state referendum as assigned under
Sections 20A-7-209 and 20A-7-308 placed in the blank; and
(h) county referenda that have qualified for the ballot are listed on the ballot under the
heading "Citizen's County Referendum Number __" with the number of the county referendum as
assigned under Section 20A-7-608 placed in the blank.
Section 2. Section 20A-6-303 is amended to read:
20A-6-303. Machine-counted ballots for regular general elections.
(1) Each election officer shall ensure that:
[(1)] (a) copy on the ballot labels are arranged in approximately the same order as paper
ballots;
[(2)] (b) the titles of offices and the names of candidates are printed in vertical columns or
in a series of separate pages;
[(3)] (c) if pages are used, the pages placed on the voting device are of sufficient number to
include, after the list of candidates:
[(a)] (i) the names of candidates for judicial offices and any other nonpartisan offices; and
[(b)] (ii) any ballot propositions submitted to the voters for their approval or rejection;
[(4)] (d) the ballot labels include a voting square or position where the voter may record a
straight party ticket vote for all the candidates of one party by one mark or punch;
[(5)] (e) the tickets are printed on the ballot label in the order determined by the county clerk;
[(6)] (f) the office titles are printed above or at the side of the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
[(7)] (g) the party designation of each candidate is printed to the right or below the
candidate's name; and

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[(8) (a)] (h) (i) if possible, all candidates for one office are grouped in one column or upon
one page;
[(b)] (ii) if all candidates for one office cannot be listed in one column or grouped upon one
page:
[(i)] (A) the ballot label is clearly marked to indicate that the list of candidates is continued
on the following column or page; and
[(ii)] (B) approximately the same number of names are printed in each column or on each
page; and
[(9)] (i) arrows are used to indicate the place to vote for each candidate and on each measure.
(2) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed on the ballot label under the
heading "Constitutional Amendment Number __" with the number of the constitutional amendment
as assigned under Section 20A-7-103 placed in the blank;
(b) propositions submitted to the voters by the Utah Legislature are listed on the ballot label
under the heading "State Proposition Number __" with the number of the state proposition as
assigned under Section 20A-7-103 placed in the blank;
(c) propositions submitted to the voters by a county are listed on the ballot label under the
heading "County Proposition Number __" with the number of the county proposition as assigned by
the county legislative body placed in the blank;
(d) propositions submitted to the voters by a school district are listed on the ballot label
under the heading "School District Proposition Number __" with the number of the school district
proposition as assigned by the county legislative body placed in the blank;
(e) state initiatives that have qualified for the ballot are listed on the ballot label under the
heading "Citizen's State Initiative Number __" with the number of the state initiative as assigned
under Section 20A-7-209 placed in the blank;
(f) county initiatives that have qualified for the ballot are listed on the ballot label under the
heading "Citizen's County Initiative Number __" with the number of the county initiative as assigned
under Section 20A-7-508 placed in the blank;

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(g) state referenda that have qualified for the ballot are listed on the ballot label under the
heading "Citizen's State Referendum Number __" with the number of the state referendum as
assigned under Sections 20A-7-209 and 20A-7-308 placed in the blank; and
(h) county referenda that have qualified for the ballot are listed on the ballot label under the
heading "Citizen's County Referendum Number __" with the number of the county referendum as
assigned under Section 20A-7-608 placed in the blank.
Section 3. Section 20A-6-402 is amended to read:
20A-6-402. Ballots for regular municipal elections.
(1) Each election officer shall ensure, for paper ballots at municipal general elections, that:
(a) the names of the two candidates who received the highest number of votes for mayor in
the municipal primary are placed upon the ballot;
(b) if no municipal primary election was held, the names of the candidates who filed
declarations of candidacy for municipal offices are placed upon the ballot;
(c) for other offices:
(i) twice the number of candidates as there are positions to be filled are certified as eligible
for election in the municipal general election from those candidates who received the greater number
of votes in the primary election; and
(ii) the names of those candidates are placed upon the municipal general election ballot[.];
(d) propositions submitted to the voters by the municipality are listed on the ballot under the
heading "City (or Town) Proposition Number __" with the number of the proposition as assigned
by the municipal legislative body placed in the blank;
(e) municipal initiatives that have qualified for the ballot are listed on the ballot under the
heading "Citizen's City (or Town) Initiative Number __" with the number of the municipal initiative
as assigned by Section 20A-7-508 placed in the blank; and
(f) municipal referenda that have qualified for the ballot are listed on the ballot under the
heading "Citizen's City (or Town) Referendum Number __" with the number of the municipal
referendum as assigned by Section 20A-7-608 placed in the blank.
(2) Each election officer shall ensure that:

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(a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across the
top of the ballot;
(ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and
(iii) ballot stubs are numbered consecutively;
(b) immediately below the perforated ballot stub, the following endorsements are printed in
18-point bold type:
(i) "Official Ballot for ____ (City or Town), Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the election officer and the election officer's title in
eight-point type; and
(c) immediately below the election officer's title, two one-point parallel horizontal rules
separate endorsements from the rest of the ballot;
(d) immediately below the horizontal rules, an "Instructions to Voters" section is printed in
ten-point bold type that states: "To vote for a candidate, place a cross (X) in the square following the
name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by two
one-point parallel rules;
(e) after the rules, the designation of the office for which the candidates seek election is
printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more" are
printed to extend to the extreme right of the column in ten-point bold type, followed by a hair-line
rule;
(f) after the hair-line rule, the names of the candidates are printed in heavy face type between
lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and grouped
according to the office that they seek;
(g) a square with sides not less than 1/4 inch long is printed to the right of the names of the
candidates;
(h) following the name of the last candidate for each office, the ballot contains a write-in
space for each elective office; and
(i) the candidate groups are separated from each other by one light and one heavy line or

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rule.
(3) When a municipality has chosen to nominate candidates by convention or committee,
the election officer shall ensure that the party name is included with the candidate's name on the
ballot.
Section 4. Section 20A-7-103 is amended to read:
20A-7-103. Constitutional amendments and other questions -- Procedures for
submission to popular vote.
(1) The procedures contained in this section govern when:
(a) the Legislature submits a proposed constitutional amendment or other question to the
voters; and
(b) an act of the Legislature is referred to the voters by referendum petition.
(2) The lieutenant governor shall, not later than 60 days before the regular general election,
publish the full text of the amendment, question, or statute in at least one newspaper in every county
of the state where a newspaper is published.
(3) The legislative general counsel shall:
[(a) designate the amendment or question by number and order of presentation on the ballot;]
(a) entitle each proposed constitutional amendment "Constitutional Amendment Number __"
and give it a number;
(b) entitle each proposed question "State Proposition Number __" and give it a number;
(c) entitle each state referendum that has qualified for the ballot "Citizen's State Referendum
Number __" and give it a number;
[(b)] (d) draft and designate a ballot title that summarizes the subject matter of the
amendment or question; and
[(c)] (e) deliver them to the lieutenant governor.
(4) The lieutenant governor shall certify the number and ballot title of each amendment or
question to the county clerk of each county no later than the second Friday after the primary election.
(5) The county clerk of each county shall:
(a) ensure that both the number and title of the amendment, question, or referendum is

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printed on the sample ballots and official ballots; and
(b) publish them as provided by law.
Section 5. Section 20A-7-209 is amended to read:
20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) By July 6 before the regular general election, the lieutenant governor shall deliver a copy
of all of the proposed laws that have qualified for the ballot to the Office of Legislative Research and
General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state initiative that has qualified for the ballot "Citizen's State Initiative
Number __" and give it a number;
[(i)] (ii) prepare a ballot title for each initiative; and
[(ii)] (iii) return each petition and ballot title to the lieutenant governor by July 20.
(b) The ballot title may be distinct from the title of the proposed law attached to the initiative
petition, and shall express, in not more than 100 words, the purpose of the measure.
(c) The ballot title and the number of the measure as determined by the Office of Legislative
Research and General Counsel shall be printed on the official ballot.
(d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
to the best of its ability, give a true and impartial statement of the purpose of the measure.
(e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
against the measure.
(3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor of
the petition.
(4) (a) If the ballot title furnished by the Office of Legislative Research and General Counsel
is unsatisfactory or does not comply with the requirements of this section, at least three of the
sponsors of the petition may, by July 30, appeal the wording of the ballot title prepared by the Office
of Legislative Research and General Counsel to the Supreme Court.
(b) The Supreme Court shall:

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(i) examine the ballot title;
(ii) hear arguments; and
(iii) by August 10, certify to the lieutenant governor a ballot title for the measure that fulfills
the intent of this section.
(c) By September 1, the lieutenant governor shall certify the title verified to him by the
supreme court to the county clerks to be printed on the official ballot.
Section 6. Section 20A-7-308 is amended to read:
20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) Whenever a referendum petition is declared sufficient for submission to a vote of the
people, the lieutenant governor shall deliver a copy of the petition and the proposed law to the Office
of Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state referendum that has qualified for the ballot "Citizen's State Referendum
Number __" and give it a number;
[(i)] (ii) prepare a ballot title for the referendum; and
[(ii)] (iii) return the petition and the ballot title to the lieutenant governor within 15 days after
its receipt.
(b) The ballot title may be distinct from the title of the law that is the subject of the petition,
and shall express, in not more than 100 words, the purpose of the measure.
(c) The ballot title and the number of the measure as determined by the Office of Legislative
Research and General Counsel shall be printed on the official ballot.
(d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
to the best of its ability, give a true and impartial statement of the purpose of the measure.
(e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
against the measure.
(3) Immediately after the Office of Legislative Research and General Counsel files a copy
of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of the ballot

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title to any of the sponsors of the petition.
(4) (a) If the ballot title furnished by the Office of Legislative Research and General Counsel
is unsatisfactory or does not comply with the requirements of this section, at least three of the
sponsors of the petition may, within 15 days of the date the lieutenant governor mails the ballot title,
appeal the wording of the ballot title prepared by the Office of Legislative Research and General
Counsel to the supreme court.
(b) The supreme court shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) within five days of its decision, certify to the lieutenant governor a ballot title for the
measure that fulfills the intent of this section.
(c) The lieutenant governor shall certify the title verified to him by the supreme court to the
county clerks to be printed on the official ballot.
Section 7. Section 20A-7-508 is amended to read:
20A-7-508. Ballot title -- Duties of local clerk and local attorney.
(1) Whenever an initiative petition is declared sufficient for submission to a vote of the
people, the local clerk shall deliver a copy of the petition and the proposed law to the local attorney.
(2) (a) The local attorney shall:
(i) entitle each county initiative that has qualified for the ballot "Citizen's County Initiative
Number __" and give it a number;
(ii) entitle each municipal initiative that has qualified for the ballot "Citizen's City (or Town)
Initiative Number __ " and give it a number;
[(i)] (iii) prepare a ballot title for the initiative; and
[(ii)] (iv) return the petition and the ballot title to the local clerk within 15 days after its
receipt.
(b) The ballot title may be distinct from the title of the proposed law attached to the initiative
petition, and shall express, in not exceeding 100 words, the purpose of the measure.
(c) The ballot title and the number of the measure as determined by the local attorney shall

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be printed on the official ballot.
(d) In preparing ballot titles, the local attorney shall, to the best of his ability, give a true and
impartial statement of the purpose of the measure.
(e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
against the measure.
(3) Immediately after the local attorney files a copy of the ballot title with the local clerk,
the local clerk shall serve a copy of the ballot title by mail upon any of the sponsors of the petition.
(4) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not comply
with the requirements of this section, at least three of the sponsors of the petition may, by motion,
appeal the decision of the local attorney to the Supreme Court.
(b) The Supreme Court shall examine the measures and hear arguments, and, in its decision,
shall certify to the local clerk a ballot title for the measure that fulfills the intent of this section.
(c) The local clerk shall print the title verified to him by the Supreme Court on the official
ballot.
Section 8. Section 20A-7-608 is amended to read:
20A-7-608. Ballot title -- Duties of local clerk and local attorney.
(1) Whenever a referendum petition is declared sufficient for submission to a vote of the
people, the local clerk shall deliver a copy of the petition and the proposed law to the local attorney.
(2) (a) The local attorney shall:
(i) entitle each county referendum that has qualified for the ballot "Citizen's County
Referendum Number __" and give it a number;
(ii) entitle each municipal referendum that has qualified for the ballot "Citizen's City (or
Town) Referendum Number __ " and give it a number;
[(i)] (iii) prepare a ballot title for the referendum; and
[(ii)] (iv) return the petition and the ballot title to the local clerk within 15 days after its
receipt.
(b) The ballot title may be distinct from the title of the law that is the subject of the petition,
and shall express, in not exceeding 100 words, the purpose of the measure.

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(c) The ballot title and the number of the measure as determined by the local attorney shall
be printed on the official ballot.
(d) In preparing ballot titles, the local attorney shall, to the best of his ability, give a true and
impartial statement of the purpose of the measure.
(e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
against the measure.
(3) Immediately after the local attorney files a copy of the ballot title with the local clerk,
the local clerk shall serve a copy of the ballot title by mail upon any of the sponsors of the petition.
(4) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not comply
with the requirements of this section, at least three of the sponsors of the petition may, by motion,
appeal the decision of the local attorney to the Supreme Court.
(b) The Supreme Court shall examine the measures and hear arguments, and, in its decision,
shall certify to the local clerk a ballot title for the measure that fulfills the intent of this section.
(c) The local clerk shall print the title verified to him by the Supreme Court on the official
ballot.

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