H.B. 3001

1

REVISIONS TO ELECTION LAW
2 2002 THIRD SPECIAL SESSION
3 STATE OF UTAH
4 Sponsor: Carl R. Saunders
5 Gerry A. Adair
6 Glenn A. Donnelson
7 Don E. Bush
8 David L. Hogue
9 Peggy Wallace
10 Jack A. Seitz
Steven R. Mascaro
Martin R. Stephens
Craig W. Buttars
A. Lamont Tyler
Afton B. Bradshaw
Gordon E. Snow
Greg J. Curtis
Michael R. Styler
Richard M. Siddoway
Douglas C. Aagard
David N. Cox

11 This act modifies the Election Code to change the primary election date from June 25, 2002
12 to September 10, 2002 and makes conforming changes throughout the Election Code to
13 accomplish that change. This act modifies definitions, modifies requirements for filling
14 candidate vacancies, extends the date for allowing unaffiliated voters to affiliate at the polls,
15 makes an exception to the prohibition against filing for more than one office in an election
16 year, modifies campaign finance filing dates for candidates, and modifies voter information
17 pamphlet distribution dates. This act repeals sections unique to the 2002 election cycle on
18 January 1, 2003. This act modifies the effective date of S.B. 36, Provisional Ballot, 2002
19 Annual General Session. This act has an immediate effective date.
20 This act affects sections of Utah Code Annotated 1953 as follows:
21 AMENDS:
22 20A-1-102, as last amended by Chapter 241, Laws of Utah 2001
23 20A-2-107.1, as enacted by Chapter 328, Laws of Utah 2000
24 20A-3-104.5, as enacted by Chapter 328, Laws of Utah 2000
25 20A-9-403, as last amended by Chapters 75 and 328, Laws of Utah 2000
26 63-55b-120, as enacted by Chapter 328, Laws of Utah 2000
27 ENACTS:
28 20A-1-201.6, Utah Code Annotated 1953
29 20A-1-501.1, Utah Code Annotated 1953

30 20A-1-801, Utah Code Annotated 1953
31 20A-2-203.1, Utah Code Annotated 1953
32 20A-7-702.1, Utah Code Annotated 1953
33 20A-9-201.1, Utah Code Annotated 1953
34 20A-11-303.1, Utah Code Annotated 1953
35 20A-11-305.1, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 20A-1-102 is amended to read:
38 20A-1-102. Definitions.
39 As used in this title:
40 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
41 by the county clerk.
42 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
43 counts votes recorded on paper ballots or ballot cards and tabulates the results.
44 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
45 votes and includes ballot cards, paper ballots, and secrecy envelopes.
46 (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
47 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
48 the names of offices and candidates and statements of ballot propositions to be voted on and which
49 are used in conjunction with ballot cards.
50 (6) "Ballot proposition" means opinion questions specifically authorized by the
51 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions that
52 are submitted to the voters for their approval or rejection.
53 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
54 20A-4-306 to canvass election returns.
55 (8) "Bond election" means an election held for the sole purpose of approving or rejecting
56 the proposed issuance of bonds by a government entity.
57 (9) "Book voter registration form" means voter registration forms contained in a bound
58 book that are used by election officers and registration agents to register persons to vote.
59 (10) "By-mail voter registration form" means a voter registration form designed to be
60 completed by the voter and mailed to the election officer.

61 (11) "Canvass" means the review of election returns and the official declaration of election
62 results by the board of canvassers.
63 (12) "Canvassing judge" means an election judge designated to assist in counting ballots
64 at the canvass.
65 (13) "Convention" means the political party convention at which party officers and
66 delegates are selected.
67 (14) "Counting center" means one or more locations selected by the election officer in
68 charge of the election for the automatic counting of ballots.
69 (15) "Counting judge" means a judge designated to count the ballots during election day.
70 (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
71 to witness the counting of ballots.
72 (17) "Counting room" means a suitable and convenient private place or room, immediately
73 adjoining the place where the election is being held, for use by the counting judges to count ballots
74 during election day.
75 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
76 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
77 (20) "County officers" means those county officers that are required by law to be elected.
78 (21) "Election" means a regular general election, a municipal general election, a statewide
79 special election, a local special election, a regular primary election, a municipal primary election,
80 and a special district election.
81 (22) "Election cycle" means the period beginning on the first day persons are eligible to
82 file declarations of candidacy and ending when the canvass is completed.
83 (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
84 (24) "Election officer" means:
85 (a) the lieutenant governor, for all statewide ballots;
86 (b) the county clerk or clerks for all county ballots and for certain special district and
87 school district ballots as provided in Section 20A-5-400.5 ;
88 (c) the municipal clerk for all municipal ballots and for certain special district and school
89 district ballots as provided in Section 20A-5-400.5 ; and
90 (d) the special district clerk or chief executive officer for all special district ballots that are
91 not part of a statewide, county, or municipal ballot.

92 (25) "Election official" means any election officer, election judge, or satellite registrar.
93 (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
94 overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
95 absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
96 ballot disposition form, and the total votes cast form.
97 (27) "Electronic voting system" means a system in which a voting device is used in
98 conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
99 tabulating equipment.
100 (28) "Inactive voter" means a registered voter who has been sent the notice required by
101 Section 20A-2-306 and who has failed to respond to that notice.
102 (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
103 the receipt and safe deposit of voted and counted ballots.
104 (30) "Judicial office" means the office filled by any judicial officer.
105 (31) "Judicial officer" means any justice or judge of a court of record or any county court
106 judge.
107 (32) "Local election" means a regular municipal election, a local special election, a special
108 district election, and a bond election.
109 (33) "Local political subdivision" means a county, a municipality, a special district, or a
110 local school district.
111 (34) "Local special election" means a special election called by the governing body of a
112 local political subdivision in which all registered voters of the local political subdivision may vote.
113 (35) "Municipal executive" means:
114 (a) the city commission, city council, or town council in the traditional management
115 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
116 (b) the mayor in the council-mayor optional form of government defined in Section
117 10-3-1209 ; and
118 (c) the manager in the council-manager optional form of government defined in Section
119 10-3-1209 .
120 (36) "Municipal general election" means the election held in municipalities and special
121 districts on the first Tuesday after the first Monday in November of each odd-numbered year for
122 the purposes established in Section 20A-1-202 .

123 (37) "Municipal legislative body" means:
124 (a) the city commission, city council, or town council in the traditional management
125 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
126 (b) the municipal council in the council-mayor optional form of government defined in
127 Section 10-3-1209 ; and
128 (c) the municipal council in the council-manager optional form of government defined in
129 Section 10-3-1209 .
130 (38) "Municipal officers" means those municipal officers that are required by law to be
131 elected.
132 (39) "Municipal primary election" means an election held to nominate candidates for
133 municipal office.
134 (40) "Official ballot" means the ballots distributed by the election officer to the election
135 judges to be given to voters to record their votes.
136 (41) "Official endorsement" means:
137 (a) the information on the ballot that identifies:
138 (i) the ballot as an official ballot;
139 (ii) the date of the election; and
140 (iii) the facsimile signature of the election officer; and
141 (b) the information on the ballot stub that identifies:
142 (i) the election judge's initials; and
143 (ii) the ballot number.
144 (42) "Official register" means the book furnished election officials by the election officer
145 that contains the information required by Section 20A-5-401 .
146 (43) "Paper ballot" means a paper that contains:
147 (a) the names of offices and candidates and statements of ballot propositions to be voted
148 on; and
149 (b) spaces for the voter to record his vote for each office and for or against each ballot
150 proposition.
151 (44) "Political party" means an organization of registered voters that has qualified to
152 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
153 Formation and Procedures.

154 (45) "Polling place" means the building where residents of a voting precinct vote.
155 (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
156 which the voter marks his choice.
157 (47) "Posting list" means a list of registered voters within a voting precinct.
158 (48) "Primary convention" means the political party conventions at which nominees for
159 the regular primary election are selected.
160 (49) "Protective counter" means a separate counter, which cannot be reset, that is built into
161 a voting machine and records the total number of movements of the operating lever.
162 (50) "Qualify" or "qualified" means to take the oath of office and begin performing the
163 duties of the position for which the person was elected.
164 (51) "Receiving judge" means the election judge that checks the voter's name in the official
165 register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
166 has voted.
167 (52) "Registration days" means the days designated in Section 20A-2-203 when a voter
168 may register to vote with a satellite registrar.
169 (53) "Registration form" means a book voter registration form and a by-mail voter
170 registration form.
171 (54) "Regular general election" means the election held throughout the state on the first
172 Tuesday after the first Monday in November of each even-numbered year for the purposes
173 established in Section 20A-1-201 .
174 (55) (a) Except as provided in Subsection (55)(b), "regular primary election" means the
175 election on the fourth Tuesday of June of each even-numbered year, at which candidates of
176 political parties and nonpolitical groups are voted for nomination.
177 (b) For 2002 only, "regular primary election" means the election on September 10, 2002,
178 at which candidates of political parties and nonpolitical groups are voted for nomination.
179 (56) "Resident" means a person who resides within a specific voting precinct in Utah.
180 (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
181 distributed as provided in Section 20A-5-405 .
182 (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
183 voters and perform other duties.
184 (59) "Scratch vote" means to mark or punch the straight party ticket and then mark or

185 punch the ballot for one or more candidates who are members of different political parties.
186 (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
187 which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
188 vote.
189 (61) "Special district" means those local government entities created under the authority
190 of Title 17A.
191 (62) "Special district officers" means those special district officers that are required by law
192 to be elected.
193 (63) "Special election" means an election held as authorized by Section 20A-1-204 .
194 (64) "Spoiled ballot" means each ballot that:
195 (a) is spoiled by the voter;
196 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
197 (c) lacks the official endorsement.
198 (65) "Statewide special election" means a special election called by the governor or the
199 Legislature in which all registered voters in Utah may vote.
200 (66) "Stub" means the detachable part of each ballot.
201 (67) "Substitute ballots" means replacement ballots provided by an election officer to the
202 election judges when the official ballots are lost or stolen.
203 (68) "Ticket" means each list of candidates for each political party or for each group of
204 petitioners.
205 (69) "Transfer case" means the sealed box used to transport voted ballots to the counting
206 center.
207 (70) "Vacancy" means the absence of a person to serve in any position created by statute,
208 whether that absence occurs because of death, disability, disqualification, resignation, or other
209 cause.
210 (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
211 candidate by following the procedures and requirements of this title.
212 (72) "Voter" means a person who meets the requirements for voting in an election, meets
213 the requirements of election registration, is registered to vote, and is listed in the official register
214 book.
215 (73) "Voting area" means the area within six feet of the voting booths, voting machines,

216 and ballot box.
217 (74) "Voting booth" means the space or compartment within a polling place that is
218 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
219 (75) "Voting device" means:
220 (a) an apparatus in which ballot cards are used in connection with a punch device for
221 piercing the ballots by the voter;
222 (b) a device for marking the ballots with ink or another substance; or
223 (c) any other method for recording votes on ballots so that the ballot may be tabulated by
224 means of automatic tabulating equipment.
225 (76) "Voting machine" means a machine designed for the sole purpose of recording and
226 tabulating votes cast by voters at an election.
227 (77) "Voting poll watcher" means a person appointed as provided in this title to witness
228 the distribution of ballots and the voting process.
229 (78) "Voting precinct" means the smallest voting unit established as provided by law
230 within which qualified voters vote at one polling place.
231 (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
232 poll watcher.
233 (80) "Western States Presidential Primary" means the election established in Title 20A,
234 Chapter 9, Part 8.
235 (81) "Write-in ballot" means a ballot containing any write-in votes.
236 (82) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
237 according to the procedures established in this title.
238 Section 2. Section 20A-1-201.6 is enacted to read:
239 20A-1-201.6. 2002 primary election dates.
240 Notwithstanding Section 20A-1-201.5 , for 2002 only, a regular primary election shall be
241 held throughout the state on September 10, 2002 as provided in Title 20A, Chapter 9, Part 4,
242 Primary Elections, to nominate persons for national, state, school board, and county offices.
243 Section 3. Section 20A-1-501.1 is enacted to read:
244 20A-1-501.1. Candidate vacancies -- Procedure for filling -- 2002 election only.
245 Notwithstanding Section 20A-1-501 , for 2002 only:
246 (1) A political party may certify the name of another candidate to the appropriate election

247 officer if the candidate vacancy is created because the candidate who created the vacancy resigned
248 to file a declaration of candidacy for the United States House of Representatives.
249 (2) Each replacement candidate shall file a declaration of candidacy as required by Title
250 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
251 Section 4. Section 20A-1-801 is enacted to read:
252 Part 8. Provisions Governing the 2002 Primary Election
253 20A-1-801. Requirements for 2002 primary election.
254 (1) (a) Notwithstanding Section 20A-5-101 , for 2002 only, if the United States Supreme
255 Court issues an opinion granting Utah a fourth Congressional seat, the lieutenant governor shall,
256 no later than July 12 publish a notice once in a newspaper of general circulation in Utah.
257 (b) The notice required by Subsection (1)(a) shall identify the dates for filing a declaration
258 of candidacy for the four Congressional seats.
259 (2) Notwithstanding Section 20A-9-202 , for 2002 only, if the United States Supreme Court
260 issues an opinion granting Utah a fourth Congressional seat, each person seeking to become a
261 candidate for Congress shall:
262 (a) file a declaration of candidacy in person with the lieutenant governor between July 15
263 and before 5 p.m. on July 19, 2002; and
264 (b) pay the filing fee.
265 (3) Notwithstanding Subsection 20A-9-403 (2)(b), for 2002 only, as a condition for using
266 the state's election system, each registered political party that wishes to participate in the
267 September 10, 2002 primary election shall:
268 (a) certify the name and office of all of the registered political party's candidates to the
269 lieutenant governor no later than 5 p.m. on July 30, 2002; and
270 (b) certify the name and office of each of its county candidates to the county clerks by 5
271 p.m. on July 30, 2002.
272 (4) Notwithstanding Subsection 20A-9-403 (2)(d)(i), for 2002 only, if a registered political
273 party does not wish to participate in the primary election, it shall submit the names of its county
274 candidates to the county clerks and the names of all of its candidates to the lieutenant governor by
275 5 p.m. on July 30, 2002.
276 (5) Notwithstanding Subsection 20A-9-403 (2)(c), for 2002 only, by 5 p.m. on August 1,
277 2002, the lieutenant governor shall send the county clerks a certified list of the names of all

278 statewide or multicounty candidates that must be printed on the primary ballot.
279 (6) Notwithstanding Subsection 20A-4-301 (1)(b)(i), for 2002 only, the board of county
280 canvassers shall meet to canvass the returns at the usual place of meeting of the county legislative
281 body, at noon on September 13, 2002.
282 (7) Notwithstanding Subsection 20A-4-401 (1)(a), for 2002 only, when any candidate in
283 the September 10, 2002 regular primary election loses by not more than a total of one vote per
284 voting precinct, the candidate may file a request for a recount no later than September 16, 2002
285 with:
286 (a) the county clerk, for races or ballot propositions voted on entirely within a single
287 county; or
288 (b) the lieutenant governor, for statewide races and ballot propositions and for multicounty
289 races and ballot propositions.
290 (8) Notwithstanding Subsection 20A-4-306 (5), for 2002 only, at noon on September 18,
291 2002, the lieutenant governor shall:
292 (a) canvass the returns for all multicounty candidates required to file with the office of the
293 lieutenant governor; and
294 (b) publish and file the results of the canvass in the lieutenant governor's office.
295 (9) Notwithstanding Sections 20A-5-409 and 20A-9-701 , for 2002 only, by September 19,
296 2002, the lieutenant governor shall certify to each county clerk the name of each candidate
297 qualified to be printed on the regular general election ballot for that county clerk's county.
298 Section 5. Section 20A-2-107.1 is amended to read:
299 20A-2-107.1. Designating or changing party affiliation -- June 2002 primary.
300 (1) At [the] each primary election held [June 24,] in 2002:
301 (a) each county clerk shall provide change of party affiliation forms to the election judges
302 for each voting precinct within the county; and
303 (b) any registered voter who is classified as "unaffiliated" may affiliate with a political
304 party by completing the form and giving it to the election judge.
305 (2) An unaffiliated voter who affiliates with a political party as provided in Subsection
306 (1)(b) may vote in that party's primary election [on June 24, 2002].
307 (3) This section is repealed [July] January 1, [2002] 2003.
308 Section 6. Section 20A-2-203.1 is enacted to read:

309 20A-2-203.1. Satellite location -- Registration by satellite registrar -- 2002 primary
310 election only.
311 Notwithstanding Subsection 20A-2-203 (2)(a)(i), for 2002 only, any person who meets the
312 voter registration requirements may register to vote with a satellite registrar at any satellite location
313 within the person's county of residence between 8 a.m. and 8 p.m. on August 28, 2002, and August
314 29, 2002 in counties holding a primary election.
315 Section 7. Section 20A-3-104.5 is amended to read:
316 20A-3-104.5. Voting -- Regular primary election.
317 (1) (a) Any registered voter desiring to vote at the regular primary election shall give his
318 name, the name of the registered political party whose ballot the voter wishes to vote, and, if
319 requested, his residence, to one of the election judges.
320 (b) If an election judge does not know the person requesting a ballot and has reason to
321 doubt that person's identity, the judge shall request identification or have the voter identified by
322 a known registered voter of the district.
323 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide a
324 ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
325 (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
326 register shall check the official register to determine:
327 (A) whether or not the person is registered to vote; and
328 (B) whether or not the person's party affiliation designation in the official register allows
329 the voter to vote the ballot that the voter requested.
330 (ii) If the official register does not affirmatively identify the voter as being affiliated with
331 a registered political party or if the official register identifies the voter as being "unaffiliated," the
332 voter shall be considered to be "unaffiliated."
333 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
334 disruptive of the election process, the election judge shall attempt to contact the county clerk's
335 office to request oral verification of the voter's registration.
336 (ii) If oral verification is received from the county clerk's office, the judge shall record the
337 verification on the official register, determine the voter's party affiliation and the ballot that the
338 voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
339 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation

340 listed in the official register does not allow the voter to vote the ballot that the voter requested, the
341 election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
342 the voter's party affiliation does allow the voter to vote.
343 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
344 does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
345 political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
346 voter requests, the election judge shall ask the voter if the voter wishes to vote another registered
347 political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
348 (B) If the voter wishes to vote another registered political party ballot that the unaffiliated
349 voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
350 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
351 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
352 may not vote.
353 (iii) For the primary election held [June 24] September 10, 2002, only:
354 (A) if the voter is listed in the official register as "unaffiliated," or if the official register
355 does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registered
356 political party, the election judge shall ask the voter if the voter wishes to affiliate with a registered
357 political party, or remain "unaffiliated."
358 (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
359 requested, the election judge shall direct the voter to complete the change of party affiliation form
360 and proceed as required by Subsection (3).
361 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered political
362 party ballot that the unaffiliated voter is authorized to vote, the election judge shall proceed as
363 required by Subsection (3).
364 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
365 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
366 may not vote.
367 (3) If the election judge determines that the voter is registered and eligible, under
368 Subsection (2), to vote the ballot that the voter requested:
369 (a) the election judge in charge of the official register shall:
370 (i) write the ballot number and the name of the registered political party whose ballot the

371 voter voted opposite the name of the voter in the official register; and
372 (ii) direct the voter to sign his name in the election column in the official register;
373 (b) another judge shall list the ballot number and voter's name in the pollbook; and
374 (c) the election judge having charge of the ballots shall:
375 (i) endorse his initials on the stub;
376 (ii) check the name of the voter on the pollbook list with the number of the stub;
377 (iii) hand the voter the ballot for the registered political party that the voter requested and
378 for which the voter is authorized to vote; and
379 (iv) allow the voter to enter the voting booth.
380 (4) Whenever the election officer is required to furnish more than one kind of official
381 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
382 voter the kind of ballot that the voter is qualified to vote.
383 Section 8. Section 20A-7-702.1 is enacted to read:
384 20A-7-702.1. Voter information pamphlet -- Form -- Contents -- Distribution -- 2002
385 only.
386 Notwithstanding Subsection 20A-7-702 (3), for 2002 only, the lieutenant governor shall:
387 (1) ensure that one copy of the voter information pamphlet is placed in one issue of every
388 newspaper of general circulation in the state not more than 40 nor less than five days before the
389 day fixed by law for the election;
390 (2) ensure that a sufficient number of printed voter information pamphlets are available
391 for distribution as required by this section;
392 (3) provide voter information pamphlets to each county clerk for free distribution upon
393 request and for placement at polling places; and
394 (4) ensure that the distribution of the voter information pamphlets is completed five days
395 before the election.
396 Section 9. Section 20A-9-201.1 is enacted to read:
397 20A-9-201.1. Candidates for more than one office -- 2002 exception.
398 Notwithstanding Subsection 20A-9-201 (2), for 2002 only:
399 (1) A person who has filed a declaration of candidacy to be a candidate for an office other
400 than United States House of Representatives may, if a statute provides an additional period for
401 filing a declaration of candidacy for United States House of Representatives:

402 (a) resign as a candidate for that other office; and
403 (b) file a declaration of candidacy for the United States House of Representatives.
404 (2) A person who has filed a declaration of candidacy to be a candidate for the United
405 States House of Representatives may file a new declaration of candidacy to be a candidate for the
406 United States House of Representatives in any congressional district, if a statute provides an
407 additional period for filing a declaration of candidacy for United States House of Representatives.
408 Section 10. Section 20A-9-403 is amended to read:
409 20A-9-403. Regular primary elections.
410 (1) (a) [The] (i) Except as provided in Subsection (1)(a)(ii), the fourth Tuesday of June of
411 each even-numbered year is designated as regular primary election day.
412 (ii) For 2002 only, the regular primary election date is September 10, 2002.
413 (b) Each registered political party that chooses to use the primary election process to
414 nominate some or all of its candidates shall comply with the requirements of this section.
415 (2) (a) As a condition for using the state's election system, each registered political party
416 that wishes to participate in the primary election shall:
417 (i) declare their intent to participate in the primary election;
418 (ii) identify one or more registered political parties whose members may vote for the
419 registered political party's candidates and whether or not persons identified as unaffiliated with a
420 political party may vote for the registered political party's candidates; and
421 (iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1 of
422 each even-numbered year.
423 (b) As a condition for using the state's election system, each registered political party that
424 wishes to participate in the primary election shall:
425 (i) certify the name and office of all of the registered political party's candidates to the
426 lieutenant governor no later than 5 p.m. on May 13 of each even-numbered year; and
427 (ii) certify the name and office of each of its county candidates to the county clerks by 5
428 p.m. on May 13 of each even-numbered year.
429 (c) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall send
430 the county clerks a certified list of the names of all statewide or multicounty candidates that must
431 be printed on the primary ballot.
432 (d) (i) Except as provided in Subsection (2)(d)(ii), if a registered political party does not

433 wish to participate in the primary election, it shall submit the names of its county candidates to the
434 county clerks and the names of all of its candidates to the lieutenant governor by 5 p.m. on May
435 30 of each even-numbered year.
436 (ii) A registered political party's candidates for President and Vice-President of the United
437 States shall be certified to the lieutenant governor as provided in Subsection 20A-9-202 (4).
438 (e) Each political party shall certify the names of its presidential and vice-presidential
439 candidates and presidential electors to the lieutenant governor's office by August 30 of each
440 presidential election year.
441 (3) The county clerk shall:
442 (a) review the declarations of candidacy filed by candidates for local boards of education
443 to determine if more than two candidates have filed for the same seat;
444 (b) place the names of all candidates who have filed a declaration of candidacy for a local
445 board of education seat on the nonpartisan section of the ballot if more than two candidates have
446 filed for the same seat; and
447 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
448 (4) After the county clerk receives the certified list from a registered political party, the
449 county clerk shall post or publish a primary election notice in substantially the following form:
450 "Notice is given that a primary election will be held Tuesday, [June] _____[,] (month)
451 ______ (day), _______ (year), to nominate party candidates for the parties and nonpartisan offices
452 listed on the primary ballot. The polling place for voting precinct ____ is ____. The polls will
453 open at 7 a.m. and continue open until 8 p.m. of the same day. Attest: county clerk".
454 (5) (a) Candidates receiving the highest number of votes cast for each office at the regular
455 primary election are nominated by their party or nonpartisan group for that office.
456 (b) If two or more candidates are to be elected to the office at the regular general election,
457 those party candidates equal in number to positions to be filled who receive the highest number
458 of votes at the regular primary election are the nominees of their party for those positions.
459 (6) (a) When a tie vote occurs in any primary election for any national, state, or other office
460 that represents more than one county, the governor, lieutenant governor, and attorney general shall,
461 at a public meeting called by the governor and in the presence of the candidates involved, select
462 the nominee by lot cast in whatever manner the governor determines.
463 (b) When a tie vote occurs in any primary election for any county office, the district court

464 judges of the district in which the county is located shall, at a public meeting called by the judges
465 and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
466 the judges determine.
467 (7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
468 election provided for by this section, and all expenses necessarily incurred in the preparation for
469 or the conduct of that primary election shall be paid out of the treasury of the county or state, in
470 the same manner as for the regular general elections.
471 Section 11. Section 20A-11-303.1 is enacted to read:
472 20A-11-303.1. Legislative office candidate -- Financial reporting requirements --
473 Interim reports -- 2002 election only.
474 Notwithstanding Subsection 20A-11-303 (1), for 2002 only, each legislative office
475 candidate shall file an interim report at the following times in any year in which the candidate has
476 filed a declaration of candidacy for a public office:
477 (1) seven days before any political convention if more than one individual in the
478 candidate's same party has filed a declaration of candidacy for the particular public office that the
479 candidate seeks;
480 (2) September 3, if the candidate is on the ballot in the primary election; and
481 (3) seven days before the regular general election date.
482 Section 12. Section 20A-11-305.1 is enacted to read:
483 20A-11-305.1. Legislative office candidate -- Failure to file report -- Name not printed
484 on ballot -- Filling vacancy -- 2002 only.
485 Notwithstanding Subsection 20A-11-305 (1)(a), for 2002 only, if a legislative office
486 candidate fails to file an interim report due before the regular primary election or before the regular
487 general election, the lieutenant governor shall, after making a reasonable attempt to discover if the
488 report was timely mailed, inform the county clerk and other appropriate election officials who:
489 (1) shall, if practicable, remove the name of the candidate by blacking out the candidate's
490 name before the ballots are delivered to voters; or
491 (2) shall, if removing the candidate's name from the ballot is not practicable, inform the
492 voters by any practicable method that the candidate has been disqualified and that votes cast for
493 the candidate will not be counted; and
494 (3) may not count any votes for that candidate.

495 Section 13. Section 63-55b-120 is amended to read:
496 63-55b-120. Repeal dates, Title 20A.
497 (1) Section 20A-2-107.1 is repealed [July] January 1, [2002] 2003.
498 (2) Section 20A-1-201.6 is repealed January 1, 2003.
499 (3) Section 20A-1-501.1 is repealed January 1, 2003.
500 (4) Title 20A, Chapter 1, Part 8, Provisions Governing the 2002 Primary Election, is
501 repealed January 1, 2003.
502 (5) Section 20A-2-203.1 is repealed January 1, 2003.
503 (6) Section 20A-7-702.1 is repealed January 1, 2003.
504 (7) Section 20A-9-201.1 is repealed January 1, 2003.
505 (8) Section 20A-11-303.1 is repealed January 1, 2003.
506 (9) Section 20A-11-305.1 is repealed January 1, 2003.
507 Section 14. Effective date.
508 (1) S.B. 36, Provisional Ballot, passed by the Legislature during the 2002 General Session,
509 takes effect on October 1, 2002.
510 (2) If approved by two-thirds of all the members elected to each house, this act takes effect
511 upon approval by the governor, or the day following the constitutional time limit of Utah
512 Constitutional Article VII, Section 8, without the governor's signature, or in the case of a veto, the
513 date of veto override.




Legislative Review Note
as of 4-29-02 12:50 PM

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

Office of Legislative Research and General Counsel