H.B. 2001

1

ELECTION LAW AMENDMENTS
2 2003 SECOND SPECIAL SESSION
3 STATE OF UTAH
4 Sponsor: Loraine T. Pace
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions governing voting precincts and election judges.
9 Highlighted Provisions:
10 This bill:
11 h [ . increases the maximum possible size for a voting precinct from 1,000 to 2,000;
12 . allows county clerks to combine voting precincts in all elections when the ballots
13 for each precinct are identical;
14 . allows 17 year olds to serve as election judges even if they will not be 18 by
15 election day; ]
15a . allows county clerks in fourth, fifth, and sixth class counties to combine voting
15b precincts in all elections when the ballots for each precinct are identical; h and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides an immediate effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-5-303, as last amended by Chapter 147, Laws of Utah 2003
24 20A-5-601, as last amended by Chapter 22, Laws of Utah 1999
25 h [ 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998 ] h
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 20A-5-303 is amended to read:
29 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
30 Common polling places -- Combined voting precincts -- Counties.
31 (1) (a) [The] After receiving recommendations from the county clerk, the county
32 legislative body may establish, divide, abolish, and change voting precincts.
33 (b) Within 30 days after the establishment, division, abolition, or change of a voting
34 precinct under this section, the county legislative body shall file with the Automated
35 Geographic Reference Center, created under Section 63A-6-202 , a notice describing the action
36 taken and specifying the resulting boundaries of each voting precinct affected by the action.
37 (2) (a) The county legislative body shall alter or divide voting precincts so that each
38 voting precinct contains not more than h [ [ ] 1,000 [ ] ] [ 2,000 ] h active voters.
39 (b) The county legislative body shall:
40 (i) identify those precincts that may reach h [ [ ] 1,000 [ ] ] [ 2,000 ] h active voters or become too
41 large to facilitate the election process; and
42 (ii) divide those precincts before February 1.
43 (3) The county legislative body may not:
44 (a) establish or abolish any voting precinct after February 1[,] of a regular general
45 election year; or
46 (b) alter or change the boundaries of any voting precinct after February 1[,] of a regular
47 general election year.
48 (4) For the purpose of balloting on regular primary or regular general election day, the
49 county legislative body may establish a common polling place for two or more whole voting
50 precincts according to the following requirements:
51 (a) the total population of the voters authorized to vote at the common polling place
52 may not exceed [3,000] 4,000 active voters; and
53 (b) the voting precincts voting at, and the location of, the common polling place shall
54 be designated at least 90 days before the election.
55 (5) h (a) h In addition to the [authorizations] requirements contained in Subsection
h [ [ ](4)[ ] ] [ (3) ]h ,
56 h [ [ ] in regular primary elections only, [ ] ] h the county legislative body may combine voting
56a precincts
57 and use one set of election judges for the combined precincts if the ballots for each of the
58 combined precincts are identical.

58a h (b) NOTWITHSTANDING SUBSECTION (5)(a), THE COUNTY LEGISLATIVE BODY IN A FOURTH, h
58b h FIFTH, OR SIXTH CLASS COUNTY MAY, IN ANY ELECTION, COMBINE VOTING PRECINCTS AND
58c USE ONE SET OF ELECTION JUDGES FOR THE COMBINED PRECINCTS IF THE BALLOTS FOR EACH
58d OF THE COMBINED PRECINCTS ARE IDENTICAL. h

59 Section 2. Section 20A-5-601 is amended to read:
60 20A-5-601. Election judges -- Appointment for regular general elections and
61 primary elections.
62 (1) (a) By March 1 of each even-numbered year, each county clerk shall provide to the
63 county chair of each registered political party a list of the number of election judges that the
64 party must nominate for each voting precinct.
65 (b) (i) By April 1 of each even-numbered year, the county chair and secretary of each
66 registered political party shall file a list with the county clerk containing, for each voting
67 precinct, the names of registered voters in the county who are willing to be election judges and
68 who are competent and trustworthy.
69 (ii) The county chair and secretary shall submit, for each voting precinct, names equal
70 in number to the number required by the county clerk plus one.
71 (2) Each county legislative body shall provide for the appointment of persons to serve
72 as election judges at the regular primary election, the regular general election, and the Western
73 States Presidential Primary.
74 (3) For regular general elections, each county legislative body shall provide for the
75 appointment of:
76 (a) (i) three registered voters from the list to serve as receiving judges for each voting
77 precinct when ballots will be counted after the polls close; or
78 (ii) three registered voters from the list to serve as receiving judges in each voting
79 precinct and three registered voters from the list to serve as counting judges in each voting
80 precinct when ballots will be counted throughout election day; and
81 (b) three registered voters from the list for each 100 absentee ballots to be counted to
82 serve as canvassing judges.
83 (4) For regular primary elections and for the Western States Presidential Primary
84 election, each county legislative body shall provide for the appointment of:
85 (a) (i) two or three registered voters, or one or two registered voters and one person 17
86 years old h [ [ ] who will be 18 years old by the date of the next regular general election [ ] ] h ,
86a from the
87 list to serve as receiving judges for each voting precinct when ballots will be counted after the
88 polls close; or
89 (ii) two or three registered voters, or one or two registered voters and one person 17

90 years old h [ [ ] who will be 18 years old by the date of the next regular general election [ ] ] h ,
90a from the
91 list to serve as receiving judges in each voting precinct and two or three registered voters, or
92 one or two registered voters and one person 17 years old h [ [ ] who will be 18 years old by the date
92a of the next regular general election [ ] ] h
93 , from the list to serve as counting judges in each voting
94 precinct when ballots will be counted throughout election day; and
95 (b) two or three registered voters, or one or two registered voters and one person 17
96 years old h [ [ ] who will be 18 years old by the date of the next regular general election [ ] ] h ,
96a from the
97 list for each 100 absentee ballots to be counted to serve as canvassing judges.
98 (5) Each county legislative body may provide for the appointment of:
99 (a) three registered voters from the list to serve as inspecting judges at the regular
100 general election to observe the clerk's receipt and deposit of the ballots for safekeeping; and
101 (b) two or three registered voters, or one or two registered voters and one person 17
102 years old h [ [ ] who will be 18 years old by the date of the next regular general election [ ] ] h,
102a from the
103 list to serve as inspecting judges at the regular primary election to observe the clerk's receipt
104 and deposit of the ballots for safekeeping.
105 (6) (a) For each set of three counting or receiving judges to be appointed for each
106 voting precinct for the regular primary election, the regular general election, and the Western
107 States Presidential Primary election, the county legislative body shall ensure that:
108 (i) two judges are appointed from the political party that cast the highest number of
109 votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
110 excluding votes for unopposed candidates, in the voting precinct at the last regular general
111 election before the appointment of the election judges; and
112 (ii) one judge is appointed from the political party that cast the second highest number
113 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
114 excluding votes for unopposed candidates, in the voting precinct at the last regular general
115 election before the appointment of the election judges.
116 (b) For each set of two counting or receiving judges to be appointed for each voting
117 precinct for the regular primary election and Western States Presidential Primary election, the
118 county legislative body shall ensure that:
119 (i) one judge is appointed from the political party that cast the highest number of votes
120 for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding

121 votes for unopposed candidates, in the voting precinct at the last regular general election before
122 the appointment of the election judges; and
123 (ii) one judge is appointed from the political party that cast the second highest number
124 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
125 excluding votes for unopposed candidates, in the voting precinct at the last regular general
126 election before the appointment of the election judges.
127 (7) When the voting precinct boundaries have been changed since the last regular
128 general election, the county legislative body shall ensure that:
129 (a) for the regular primary election and the Western States Presidential Primary
130 election, when the county legislative body is using three receiving, counting, and canvassing
131 judges, and regular general election, not more than two of the judges are selected from the
132 political party that cast the highest number of votes for the offices of governor, lieutenant
133 governor, attorney general, state auditor, and state treasurer in the territory that formed the
134 voting precinct at the time of appointment; and
135 (b) for the regular primary election and the Western States Presidential Primary
136 election, when the county legislative body is using two receiving, counting, and canvassing
137 judges, not more than one of the judges is selected from the political party that cast the highest
138 number of votes for the offices of governor, lieutenant governor, attorney general, state auditor,
139 and state treasurer in the territory that formed the voting precinct at the time of appointment.
140 (8) The county legislative body shall provide for the appointment of any qualified
141 county voter as an election judge when:
142 (a) a political party fails to file the election judge list by the filing deadline; or
143 (b) the list is incomplete.
144 (9) A registered voter of the county may serve as an election judge in any voting
145 precinct of the county.
146 (10) If a person serves as an election judge outside the voting precinct where the person
147 is registered, that person may vote an absentee voter ballot.
148 (11) The county clerk shall fill all vacancies in the office of election judge.
149 (12) If a conflict arises over the right to certify the election judge lists for any political
150 party, the county legislative body may decide between conflicting lists, but may only select
151 names from a properly submitted list.

152 (13) The county legislative body shall establish compensation for election judges.
153 (14) The county clerk may appoint additional judges to serve in the polling place as
154 needed.
155 h [ Section 3. Section 20A-5-602 is amended to read:
156 20A-5-602. Election judges -- Appointment for local elections.
157 (1) At least 15 days before the date scheduled for any local election, the municipal
158 legislative body or special district board shall appoint or provide for the appointment of:
159 (a) in jurisdictions using paper ballots:
160 (i) three registered voters, or two registered voters and one person 17 years old [who
161 will be 18 years old by the date of the regular municipal election], from their jurisdiction to
162 serve as election judges for each voting precinct when the ballots will be counted after the polls
163 close; or
164 (ii) three registered voters, or two registered voters and one person 17 years old [who
165 will be 18 years old by the date of the regular municipal election], from their jurisdiction to
166 serve as receiving judges in each voting precinct and three registered voters, or two registered
167 voters and one person 17 years old [who will be 18 years old by the date of the regular
168 municipal election], from their jurisdiction to serve as counting judges in each voting precinct
169 when ballots will be counted throughout election day;
170 (b) in jurisdictions using automated tabulating equipment, three registered voters, or
171 two registered voters and one person 17 years old [who will be 18 years old by the date of the
172 regular municipal election], from their jurisdiction to serve as election judges for each voting
173 precinct;
174 (c) in jurisdictions using voting machines, four registered voters, or three registered
175 voters and one person 17 years old [who will be 18 years old by the date of the regular
176 municipal election], from their jurisdiction to serve as election judges for each voting precinct;
177 and
178 (d) in all jurisdictions:
179 (i) at least one registered voter from their jurisdiction to serve as canvassing judge, if
180 necessary; and
181 (ii) as many alternate judges as needed to replace appointed judges who are unable to
182 serve. ] h

183 h [ (2) The municipal legislative body and special district board may not appoint any
184 candidate's parent, sibling, spouse, child, or in-law to serve as an election judge in the voting
185 precinct where the candidate resides.
186 (3) The clerk shall:
187 (a) prepare and file a list containing the name, address, voting precinct, and telephone
188 number of each person appointed; and
189 (b) make the list available in the clerk's office for inspection, examination, and copying
190 during business hours.
191 (4) (a) The municipal legislative body and special district board shall compensate
192 election judges for their services.
193 (b) The municipal legislative body and special district board may not compensate their
194 election judges at a rate higher than that paid by the county to its election judges. ] h
195 Section h [ 4 ] 3 h . Effective date.
196 If approved by two-thirds of all the members elected to each house, this bill takes effect
197 upon approval by the governor, or the day following the constitutional time limit of Utah
198 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
199 the date of veto override.




Legislative Review Note
as of 10-2-03 9:44 AM

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

Office of Legislative Research and General Counsel

Interim Committee Note
as of 11-12-03 4:35 PM

The Government Operations Interim Committee recommended this bill.