S.B. 47

1

BALLOT REQUIREMENTS ON LEGISLATIVE
2 AND INITIATIVE PROPOSALS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Millie M. Peterson
6 This act modifies ballot requirements for regular general elections and municipal general
7 elections. This act establishes the title naming conventions for ballot propositions submitted
8 to the voters and makes technical corrections.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-6-301, as last amended by Chapter 1, Laws of Utah 1995
12 20A-6-303, as enacted by Chapter 2, Laws of Utah 1994
13 20A-6-402, as enacted by Chapter 2, Laws of Utah 1994
14 20A-7-103, as enacted by Chapter 340, Laws of Utah 1995
15 20A-7-209, as last amended by Chapter 21, Laws of Utah 1999
16 20A-7-308, as last amended by Chapters 20 and 153, Laws of Utah 1995
17 20A-7-508, as enacted by Chapter 272, Laws of Utah 1994
18 20A-7-608, as enacted by Chapter 272, Laws of Utah 1994
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 20A-6-301 is amended to read:
21 20A-6-301. Paper ballots -- Regular general election.
22 (1) Each election officer shall ensure that:
23 (a) all ballots furnished for use at the regular general election contain no captions or other
24 endorsements except as provided in this section;
25 (b) (i) the ballot contains a ballot stub at least one inch wide, placed across the top of the
26 ballot, and divided from the rest of ballot by a perforated line;
27 (ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and

28 (iii) ballot stubs are numbered consecutively;
29 (c) immediately below the perforated ballot stub, the following endorsements are printed
30 in 18-point bold type:
31 (i) "Official Ballot for ____ County, Utah";
32 (ii) the date of the election; and
33 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
34 (d) each ticket is placed in a separate column on the ballot in the order determined by the
35 election officer with the party emblem, followed by the party name, at the head of the column;
36 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
37 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and
38 the top of the circle is placed not less than two inches below the perforated line;
39 (g) unaffiliated candidates and candidates not affiliated with a registered political party are
40 listed in one column, without a party circle, with the following instructions printed at the head of
41 the column: "All candidates not affiliated with a political party are listed below. They are to be
42 considered with all offices and candidates listed to the left. Only one vote is allowed for each
43 office.";
44 (h) the columns containing the lists of candidates, including the party name and device,
45 are separated by heavy parallel lines;
46 (i) the offices to be filled are plainly printed immediately above the names of the
47 candidates for those offices;
48 (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
49 1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of
50 an inch apart;
51 (k) a square with sides measuring not less than 1/4 of an inch in length is printed at the
52 right of the name of each candidate;
53 (l) for the offices of president and vice president and governor and lieutenant governor,
54 one square with sides measuring not less than 1/4 of an inch in length is printed opposite a double
55 bracket enclosing the right side of the names of the two candidates;
56 (m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
57 write-in column long enough to contain as many written names of candidates as there are persons
58 to be elected with:

59 (i) the offices to be filled printed above the blank spaces on the ticket; and
60 (ii) the words "Write-In Voting Column" printed at the head of the column without a 1/2
61 inch circle;
62 (n) when required, the ballot includes a nonpartisan ticket placed immediately to the right
63 of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid rule
64 running vertically the full length of the nonpartisan ballot copy; and
65 (o) constitutional amendments or other questions submitted to the vote of the people, are
66 printed on the ballot after the list of candidates.
67 (2) Each election officer shall ensure that:
68 (a) each person nominated by any political party or group of petitioners is placed on the
69 ballot:
70 (i) under the party name and emblem, if any; or
71 (ii) under the title of the party or group as designated by them in their certificates of
72 nomination or petition, or, if none is designated, then under some suitable title;
73 (b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter
74 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
75 (c) the names of the candidates for president and vice president are used on the ballot
76 instead of the names of the presidential electors; and
77 (d) the ballots contain no other names.
78 (3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
79 (a) the designation of the office to be filled in the election and the number of candidates
80 to be elected are printed in type not smaller than eight-point;
81 (b) the words designating the office are printed flush with the left-hand margin;
82 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of the
83 column;
84 (d) the nonpartisan candidates are grouped according to the office for which they are
85 candidates;
86 (e) the names in each group are placed in alphabetical order with the surnames last, except
87 for candidates for the State Board of Education and local school boards;
88 (f) the names of candidates for the State Board of Education are placed on the ballot as
89 certified by the lieutenant governor under Section 20A-14-105 ;

90 (g) if candidates for membership on a local board of education were selected in a primary
91 election, the name of the candidate who received the most votes in the primary election is listed
92 first on the ballot;
93 (h) if candidates for membership on a local board of education were not selected in the
94 primary election, the names of the candidates are listed on the ballot in the order determined by
95 a lottery conducted by the county clerk; and
96 (i) each group is preceded by the designation of the office for which the candidates seek
97 election, and the words, "Vote for one" or "Vote for two or more," according to the number to be
98 elected.
99 (4) Each election officer shall ensure that:
100 (a) proposed amendments to the Utah Constitution are listed on the ballot under the
101 heading "Constitutional Amendment Number __" with the number of the constitutional
102 amendment as assigned under Section 20A-7-103 placed in the blank;
103 (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot
104 under the heading "State Proposition Number __" with the number of the state proposition as
105 assigned under Section 20A-7-103 placed in the blank;
106 (c) propositions submitted to the voters by a county are listed on the ballot under the
107 heading "County Proposition Number __" with the number of the county proposition as assigned
108 by the county legislative body placed in the blank;
109 (d) propositions submitted to the voters by a school district are listed on the ballot under
110 the heading "School District Proposition Number __" with the number of the school district
111 proposition as assigned by the county legislative body placed in the blank;
112 (e) state initiatives that have qualified for the ballot are listed on the ballot under the
113 heading "People's State Initiative Number __" with the number of the state initiative as assigned
114 by Section 20A-7-209 placed in the blank;
115 (f) county initiatives that have qualified for the ballot are listed on the ballot under the
116 heading "People's County Initiative Number __" with the number of the county initiative as
117 assigned under Section 20A-7-508 placed in the blank;
118 (g) state referenda that have qualified for the ballot are listed on the ballot under the
119 heading "People's State Referendum Number __" with the number of the state referendum as
120 assigned under Sections 20A-7-209 and 20A-7-308 placed in the blank; and

121 (h) county referenda that have qualified for the ballot are listed on the ballot under the
122 heading "People's County Referendum Number __" with the number of the county referendum as
123 assigned under Section 20A-7-608 placed in the blank.
124 Section 2. Section 20A-6-303 is amended to read:
125 20A-6-303. Machine-counted ballots for regular general elections.
126 (1) Each election officer shall ensure that:
127 [(1)] (a) copy on the ballot labels are arranged in approximately the same order as paper
128 ballots;
129 [(2)] (b) the titles of offices and the names of candidates are printed in vertical columns
130 or in a series of separate pages;
131 [(3)] (c) if pages are used, the pages placed on the voting device are of sufficient number
132 to include, after the list of candidates:
133 [(a)] (i) the names of candidates for judicial offices and any other nonpartisan offices; and
134 [(b)] (ii) any ballot propositions submitted to the voters for their approval or rejection;
135 [(4)] (d) the ballot labels include a voting square or position where the voter may record
136 a straight party ticket vote for all the candidates of one party by one mark or punch;
137 [(5)] (e) the tickets are printed on the ballot label in the order determined by the county
138 clerk;
139 [(6)] (f) the office titles are printed above or at the side of the names of candidates so as
140 to indicate clearly the candidates for each office and the number to be elected;
141 [(7)] (g) the party designation of each candidate is printed to the right or below the
142 candidate's name; and
143 [(8) (a)] (h) (i) if possible, all candidates for one office are grouped in one column or upon
144 one page;
145 [(b)] (ii) if all candidates for one office cannot be listed in one column or grouped upon
146 one page:
147 [(i)] (A) the ballot label is clearly marked to indicate that the list of candidates is continued
148 on the following column or page; and
149 [(ii)] (B) approximately the same number of names are printed in each column or on each
150 page; and
151 [(9)] (i) arrows are used to indicate the place to vote for each candidate and on each

152 measure.
153 (2) Each election officer shall ensure that:
154 (a) proposed amendments to the Utah Constitution are listed on the ballot label under the
155 heading "Constitutional Amendment Number __" with the number of the constitutional
156 amendment as assigned under Section 20A-7-103 placed in the blank;
157 (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot
158 label under the heading "State Proposition Number __" with the number of the state proposition
159 as assigned under Section 20A-7-103 placed in the blank;
160 (c) propositions submitted to the voters by a county are listed on the ballot label under the
161 heading "County Proposition Number __" with the number of the county proposition as assigned
162 by the county legislative body placed in the blank;
163 (d) propositions submitted to the voters by a school district are listed on the ballot label
164 under the heading "School District Proposition Number __" with the number of the school district
165 proposition as assigned by the county legislative body placed in the blank;
166 (e) state initiatives that have qualified for the ballot are listed on the ballot label under the
167 heading "People's State Initiative Number __" with the number of the state initiative as assigned
168 under Section 20A-7-209 placed in the blank;
169 (f) county initiatives that have qualified for the ballot are listed on the ballot label under
170 the heading "People's County Initiative Number __" with the number of the county initiative as
171 assigned under Section 20A-7-508 placed in the blank;
172 (g) state referenda that have qualified for the ballot are listed on the ballot label under the
173 heading "People's State Referendum Number __" with the number of the state referendum as
174 assigned under Sections 20A-7-209 and 20A-7-308 placed in the blank; and
175 (h) county referenda that have qualified for the ballot are listed on the ballot label under
176 the heading "People's County Referendum Number __" with the number of the county referendum
177 as assigned under Sections 20A-7-608 placed in the blank.
178 Section 3. Section 20A-6-402 is amended to read:
179 20A-6-402. Ballots for regular municipal elections.
180 (1) Each election officer shall ensure, for paper ballots at municipal general elections, that:
181 (a) the names of the two candidates who received the highest number of votes for mayor
182 in the municipal primary are placed upon the ballot;

183 (b) if no municipal primary election was held, the names of the candidates who filed
184 declarations of candidacy for municipal offices are placed upon the ballot;
185 (c) for other offices:
186 (i) twice the number of candidates as there are positions to be filled are certified as eligible
187 for election in the municipal general election from those candidates who received the greater
188 number of votes in the primary election; and
189 (ii) the names of those candidates are placed upon the municipal general election ballot[.];
190 (d) propositions submitted to the voters by the municipality are listed on the ballot under
191 the heading "City (or Town) Proposition Number __" with the number of the proposition as
192 assigned by the municipal legislative body placed in the blank;
193 (e) municipal initiatives that have qualified for the ballot are listed on the ballot under the
194 heading "People's City (or Town) Initiative Number __" with the number of the municipal
195 initiative as assigned by Section 20A-7-508 placed in the blank; and
196 (f) municipal referenda that have qualified for the ballot are listed on the ballot under the
197 heading "People's City (or Town) Referendum Number __" with the number of the municipal
198 referendum as assigned by Section 20A-7-608 placed in the blank.
199 (2) Each election officer shall ensure that:
200 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across the
201 top of the ballot;
202 (ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and
203 (iii) ballot stubs are numbered consecutively;
204 (b) immediately below the perforated ballot stub, the following endorsements are printed
205 in 18-point bold type:
206 (i) "Official Ballot for ____ (City or Town), Utah";
207 (ii) the date of the election; and
208 (iii) a facsimile of the signature of the election officer and the election officer's title in
209 eight-point type; and
210 (c) immediately below the election officer's title, two one-point parallel horizontal rules
211 separate endorsements from the rest of the ballot;
212 (d) immediately below the horizontal rules, an "Instructions to Voters" section is printed
213 in ten-point bold type that states: "To vote for a candidate, place a cross (X) in the square following

214 the name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by
215 two one-point parallel rules;
216 (e) after the rules, the designation of the office for which the candidates seek election is
217 printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more"
218 are printed to extend to the extreme right of the column in ten-point bold type, followed by a
219 hair-line rule;
220 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
221 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and
222 grouped according to the office that they seek;
223 (g) a square with sides not less than 1/4 inch long is printed to the right of the names of
224 the candidates;
225 (h) following the name of the last candidate for each office, the ballot contains a write-in
226 space for each elective office; and
227 (i) the candidate groups are separated from each other by one light and one heavy line or
228 rule.
229 (3) When a municipality has chosen to nominate candidates by convention or committee,
230 the election officer shall ensure that the party name is included with the candidate's name on the
231 ballot.
232 Section 4. Section 20A-7-103 is amended to read:
233 20A-7-103. Constitutional amendments and other questions -- Procedures for
234 submission to popular vote.
235 (1) The procedures contained in this section govern when:
236 (a) the Legislature submits a proposed constitutional amendment or other question to the
237 voters; and
238 (b) an act of the Legislature is referred to the voters by referendum petition.
239 (2) The lieutenant governor shall, not later than 60 days before the regular general election,
240 publish the full text of the amendment, question, or statute in at least one newspaper in every
241 county of the state where a newspaper is published.
242 (3) The legislative general counsel shall:
243 [(a) designate the amendment or question by number and order of presentation on the
244 ballot;]

245 (a) entitle each proposed constitutional amendment "Constitutional Amendment Number
246 __" and give it a number;
247 (b) entitle each proposed question "State Proposition Number __" and give it a number;
248 (c) entitle each state referendum that has qualified for the ballot "People's State
249 Referendum Number __" and give it a number;
250 [(b)] (d) draft and designate a ballot title that summarizes the subject matter of the
251 amendment or question; and
252 [(c)] (e) deliver them to the lieutenant governor.
253 (4) The lieutenant governor shall certify the number and ballot title of each amendment
254 or question to the county clerk of each county no later than the second Friday after the primary
255 election.
256 (5) The county clerk of each county shall:
257 (a) ensure that both the number and title of the amendment, question, or referendum is
258 printed on the sample ballots and official ballots; and
259 (b) publish them as provided by law.
260 Section 5. Section 20A-7-209 is amended to read:
261 20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
262 Research and General Counsel.
263 (1) By July 6 before the regular general election, the lieutenant governor shall deliver a
264 copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
265 Research and General Counsel.
266 (2) (a) The Office of Legislative Research and General Counsel shall:
267 (i) entitle each state initiative that has qualified for the ballot "People's State Initiative
268 Number __" and give it a number;
269 [(i)] (ii) prepare a ballot title for each initiative; and
270 [(ii)] (iii) return each petition and ballot title to the lieutenant governor by July 20.
271 (b) The ballot title may be distinct from the title of the proposed law attached to the
272 initiative petition, and shall express, in not more than 100 words, the purpose of the measure.
273 (c) The ballot title and the number of the measure as determined by the Office of
274 Legislative Research and General Counsel shall be printed on the official ballot.
275 (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,

276 to the best of its ability, give a true and impartial statement of the purpose of the measure.
277 (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for
278 or against the measure.
279 (3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor
280 of the petition.
281 (4) (a) If the ballot title furnished by the Office of Legislative Research and General
282 Counsel is unsatisfactory or does not comply with the requirements of this section, at least three
283 of the sponsors of the petition may, by July 30, appeal the wording of the ballot title prepared by
284 the Office of Legislative Research and General Counsel to the Supreme Court.
285 (b) The Supreme Court shall:
286 (i) examine the ballot title;
287 (ii) hear arguments; and
288 (iii) by August 10, certify to the lieutenant governor a ballot title for the measure that
289 fulfills the intent of this section.
290 (c) By September 1, the lieutenant governor shall certify the title verified to him by the
291 supreme court to the county clerks to be printed on the official ballot.
292 Section 6. Section 20A-7-308 is amended to read:
293 20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
294 Research and General Counsel.
295 (1) Whenever a referendum petition is declared sufficient for submission to a vote of the
296 people, the lieutenant governor shall deliver a copy of the petition and the proposed law to the
297 Office of Legislative Research and General Counsel.
298 (2) (a) The Office of Legislative Research and General Counsel shall:
299 (i) entitle each state referendum that has qualified for the ballot "People's State
300 Referendum Number __" and give it a number;
301 [(i)] (ii) prepare a ballot title for the referendum; and
302 [(ii)] (iii) return the petition and the ballot title to the lieutenant governor within 15 days
303 after its receipt.
304 (b) The ballot title may be distinct from the title of the law that is the subject of the
305 petition, and shall express, in not more than 100 words, the purpose of the measure.
306 (c) The ballot title and the number of the measure as determined by the Office of

307 Legislative Research and General Counsel shall be printed on the official ballot.
308 (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
309 to the best of its ability, give a true and impartial statement of the purpose of the measure.
310 (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for
311 or against the measure.
312 (3) Immediately after the Office of Legislative Research and General Counsel files a copy
313 of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of the
314 ballot title to any of the sponsors of the petition.
315 (4) (a) If the ballot title furnished by the Office of Legislative Research and General
316 Counsel is unsatisfactory or does not comply with the requirements of this section, at least three
317 of the sponsors of the petition may, within 15 days of the date the lieutenant governor mails the
318 ballot title, appeal the wording of the ballot title prepared by the Office of Legislative Research and
319 General Counsel to the supreme court.
320 (b) The supreme court shall:
321 (i) examine the ballot title;
322 (ii) hear arguments; and
323 (iii) within five days of its decision, certify to the lieutenant governor a ballot title for the
324 measure that fulfills the intent of this section.
325 (c) The lieutenant governor shall certify the title verified to him by the supreme court to
326 the county clerks to be printed on the official ballot.
327 Section 7. Section 20A-7-508 is amended to read:
328 20A-7-508. Ballot title -- Duties of local clerk and local attorney.
329 (1) Whenever an initiative petition is declared sufficient for submission to a vote of the
330 people, the local clerk shall deliver a copy of the petition and the proposed law to the local
331 attorney.
332 (2) (a) The local attorney shall:
333 (i) entitle each county initiative that has qualified for the ballot "People's County Initiative
334 Number __" and give it a number;
335 (ii) entitle each municipal initiative that has qualified for the ballot "People's City (or
336 Town) Initiative Number __ " and give it a number;
337 [(i)] (iii) prepare a ballot title for the initiative; and

338 [(ii)] (iv) return the petition and the ballot title to the local clerk within 15 days after its
339 receipt.
340 (b) The ballot title may be distinct from the title of the proposed law attached to the
341 initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
342 (c) The ballot title and the number of the measure as determined by the local attorney shall
343 be printed on the official ballot.
344 (d) In preparing ballot titles, the local attorney shall, to the best of his ability, give a true
345 and impartial statement of the purpose of the measure.
346 (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for
347 or against the measure.
348 (3) Immediately after the local attorney files a copy of the ballot title with the local clerk,
349 the local clerk shall serve a copy of the ballot title by mail upon any of the sponsors of the petition.
350 (4) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not comply
351 with the requirements of this section, at least three of the sponsors of the petition may, by motion,
352 appeal the decision of the local attorney to the Supreme Court.
353 (b) The Supreme Court shall examine the measures and hear arguments, and, in its
354 decision, shall certify to the local clerk a ballot title for the measure that fulfills the intent of this
355 section.
356 (c) The local clerk shall print the title verified to him by the Supreme Court on the official
357 ballot.
358 Section 8. Section 20A-7-608 is amended to read:
359 20A-7-608. Ballot title -- Duties of local clerk and local attorney.
360 (1) Whenever a referendum petition is declared sufficient for submission to a vote of the
361 people, the local clerk shall deliver a copy of the petition and the proposed law to the local
362 attorney.
363 (2) (a) The local attorney shall:
364 (i) entitle each county referendum that has qualified for the ballot "People's County
365 Referendum Number __" and give it a number;
366 (ii) entitle each municipal referendum that has qualified for the ballot "People's City (or
367 Town) Referendum Number __ " and give it a number;
368 [(i)] (iii) prepare a ballot title for the referendum; and

369 [(ii)] (iv) return the petition and the ballot title to the local clerk within 15 days after its
370 receipt.
371 (b) The ballot title may be distinct from the title of the law that is the subject of the
372 petition, and shall express, in not exceeding 100 words, the purpose of the measure.
373 (c) The ballot title and the number of the measure as determined by the local attorney shall
374 be printed on the official ballot.
375 (d) In preparing ballot titles, the local attorney shall, to the best of his ability, give a true
376 and impartial statement of the purpose of the measure.
377 (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for
378 or against the measure.
379 (3) Immediately after the local attorney files a copy of the ballot title with the local clerk,
380 the local clerk shall serve a copy of the ballot title by mail upon any of the sponsors of the petition.
381 (4) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not comply
382 with the requirements of this section, at least three of the sponsors of the petition may, by motion,
383 appeal the decision of the local attorney to the Supreme Court.
384 (b) The Supreme Court shall examine the measures and hear arguments, and, in its
385 decision, shall certify to the local clerk a ballot title for the measure that fulfills the intent of this
386 section.
387 (c) The local clerk shall print the title verified to him by the Supreme Court on the official
388 ballot.




Legislative Review Note
as of 12-12-00 11:28 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel