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H.B. 223 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code and the Lieutenant Governor Chapter by
10 establishing the Statewide Electronic Voter Information Website Program administered
11 by the lieutenant governor.
12 Highlighted Provisions:
13 This bill:
14 . establishes the Statewide Electronic Voter Information Website Program
15 administered by the lieutenant governor in cooperation with the county clerks;
16 . requires the lieutenant governor to develop and implement a website that includes
17 all information currently provided in the voter information pamphlet and to include
18 information on local races, candidates, and ballot propositions;
19 . requires local election officials to submit information to the lieutenant governor for
20 each ballot label under the election official's direct responsibility so the information
21 may be placed on the website;
22 . provides certain deadlines for submitting the election information;
23 . provides for the lieutenant governor's review of submitted information;
24 . requires certain frequently asked voter questions and answers to be included on the
25 website;
26 . provides a deadline for the website to be ready for use;
27 . allows the expansion of the information to include other elections;
28 . requires the filing clerk to inform qualified candidates of the program;
29 . amends the duties of the lieutenant governor to provide election information to the
30 public by providing it on the Internet; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 20A-9-201, as last amended by Chapter 226, Laws of Utah 2006
39 20A-9-203, as last amended by Chapters 28 and 226, Laws of Utah 2006
40 67-1a-2, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
41 ENACTS:
42 20A-7-801, Utah Code Annotated 1953
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-7-801 is enacted to read:
46
47 20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
48 the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
49 Frequently asked voter questions -- Other elections.
50 (1) There is established the Statewide Electronic Voter Information Website Program
51 administered by the lieutenant governor in cooperation with the county clerks for general
52 elections and municipal authorities for municipal elections.
53 (2) In accordance with this section, and as resources become available, the lieutenant
54 governor, in cooperation with county clerks, shall develop, establish, and maintain a
55 state-provided Internet website designed to help inform the voters of the state of:
56 (a) the offices and candidates up for election; and
57 (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
58 of ballot propositions submitted to the voters.
59 (3) Except as provided under Subsection (6), the website shall include:
60 (a) all information currently provided in the Utah voter information pamphlet under
61 Title 20A, Chapter 7, Voter Information Pamphlet, including a section prepared, analyzed, and
62 submitted by the Judicial Council describing the judicial selection and retention process;
63 (b) all information submitted by election officers under Subsection (4) on local office
64 races, local office candidates, and local ballot propositions; and
65 (c) other information determined appropriate by the lieutenant governor that is
66 currently being provided by law, rule, or ordinance in relation to candidates and ballot
67 questions.
68 (4) (a) An election official shall submit the following information for each ballot label
69 under the election official's direct responsibility under this title:
70 (i) a list of all candidates for each office;
71 (ii) if submitted by the candidate to the election official's office on or before August 20
72 at 5 p.m.:
73 (A) a statement of qualifications, not exceeding 200 words in length, for each
74 candidate;
75 (B) the following biographical information if desired by the candidate, current:
76 (I) age;
77 (II) occupation;
78 (III) city of residence;
79 (IV) years of residence in current city; and
80 (V) email address; and
81 (C) a single web address where voters may access more information about the
82 candidate and the candidate's views; and
83 (iii) factual information pertaining to all ballot propositions submitted to the voters,
84 including:
85 (A) a copy of the number and ballot title of each ballot proposition;
86 (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
87 vote was required to place the ballot proposition on the ballot;
88 (C) a complete copy of the text of each ballot proposition, with all new language
89 underlined and all deleted language placed within brackets; and
90 (D) other factual information determined helpful by the election official.
91 (b) The information under Subsection (4)(a) shall be submitted to the lieutenant
92 governor no later than one business day after the deadline under Subsection (4)(a) for each
93 general election year and each municipal election year.
94 (c) The lieutenant governor shall:
95 (i) review the information submitted under this section prior to placing it on the
96 website to determine compliance under this section;
97 (ii) refuse to post information submitted under this section on the website if it is not in
98 compliance with the provisions of this section; and
99 (iii) organize, format, and arrange the information submitted under this section for the
100 website.
101 (d) The lieutenant governor may refuse to include information the lieutenant governor
102 determines is not in keeping with:
103 (i) Utah voter needs;
104 (ii) public decency; or
105 (iii) the purposes, organization, or uniformity of the website.
106 (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
107 Subsection (5).
108 (5) (a) A person whose information is refused under Subsection (4), and who is
109 aggrieved by the determination, may appeal by submitting a written notice of appeal to the
110 lieutenant governor within ten business days after the date of the determination. A notice of
111 appeal submitted under this Subsection (5)(a) shall contain:
112 (i) a listing of each objection to the lieutenant governor's determination; and
113 (ii) the basis for each objection.
114 (b) The lieutenant governor shall review the notice of appeal and shall issue a written
115 response within ten business days after the notice of appeal is submitted.
116 (c) An appeal of the response of the lieutenant governor shall be made to the district
117 court, which shall review the matter de novo.
118 (6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
119 enter the voter's address information on the website to retrieve information on which offices,
120 candidates, and ballot propositions will be on the voter's ballot at the next general election or
121 municipal election.
122 (b) The information on the website will anticipate and answer frequent voter questions
123 including the following:
124 (i) what offices are up in the current year for which the voter may cast a vote;
125 (ii) who is running for what office and who is the incumbent, if any;
126 (iii) what address each candidate may be reached at and how the candidate may be
127 contacted;
128 (iv) for partisan races only, what, if any, is each candidate's party affiliation;
129 (v) what qualifications have been submitted by each candidate;
130 (vi) where additional information on each candidate may be obtained;
131 (vii) what ballot propositions will be on the ballot; and
132 (viii) what judges are up for retention election.
133 (7) By not later than March 1, 2008, the lieutenant governor shall have the Statewide
134 Electronic Voter Information Website Program ready for use in the next election in accordance
135 with this section.
136 (8) As resources are made available and in cooperation with the county clerks, the
137 lieutenant governor may expand the electronic voter information website program to include
138 the same information as provided under this section for special elections and primary elections.
139 Section 2. Section 20A-9-201 is amended to read:
140 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
141 more than one political party prohibited with exceptions -- General filing and form
142 requirements.
143 (1) Before filing a declaration of candidacy for election to any office, a person shall:
144 (a) be a United States citizen; and
145 (b) meet the legal requirements of that office.
146 (2) (a) Except as provided in Subsection (2)(b), a person may not:
147 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
148 Utah during any election year; or
149 (ii) appear on the ballot as the candidate of more than one political party.
150 (b) A person may file a declaration of candidacy for, or be a candidate for, President or
151 Vice President of the United States and another office, if the person resigns the person's
152 candidacy for the other office after the person is officially nominated for President or Vice
153 President of the United States.
154 (3) If the final date established for filing a declaration of candidacy is a Saturday or
155 Sunday, the filing time shall be extended until 5 p.m. on the following business day.
156 (4) (a) (i) Except for presidential candidates, before the filing officer may accept any
157 declaration of candidacy, the filing officer shall:
158 (A) read to the prospective candidate the constitutional and statutory qualification
159 requirements for the office that the candidate is seeking; and
160 (B) require the candidate to state whether or not the candidate meets those
161 requirements.
162 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
163 county clerk shall ensure that the person filing that declaration of candidacy is:
164 (A) a United States citizen;
165 (B) an attorney licensed to practice law in Utah who is an active member in good
166 standing of the Utah State Bar;
167 (C) a registered voter in the county in which he is seeking office; and
168 (D) a current resident of the county in which he is seeking office and either has been a
169 resident of that county for at least one year or was appointed and is currently serving as county
170 attorney and became a resident of the county within 30 days after appointment to the office.
171 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
172 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
173 candidacy is:
174 (A) a United States citizen;
175 (B) an attorney licensed to practice law in Utah who is an active member in good
176 standing of the Utah State Bar;
177 (C) a registered voter in the prosecution district in which he is seeking office; and
178 (D) a current resident of the prosecution district in which he is seeking office and either
179 will have been a resident of that prosecution district for at least one year as of the date of the
180 election or was appointed and is currently serving as district attorney and became a resident of
181 the prosecution district within 30 days after receiving appointment to the office.
182 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
183 county clerk shall ensure that the person filing the declaration of candidacy:
184 (A) as of the date of filing:
185 (I) is a United States citizen;
186 (II) is a registered voter in the county in which the person seeks office;
187 (III) (Aa) has successfully met the standards and training requirements established for
188 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
189 Certification Act; or
190 (Bb) has passed a certification examination as provided in Section 53-6-206 ; and
191 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
192 53-13-103 ; and
193 (B) as of the date of the election, shall have been a resident of the county in which the
194 person seeks office for at least one year.
195 (b) If the prospective candidate states that he does not meet the qualification
196 requirements for the office, the filing officer may not accept the prospective candidate's
197 declaration of candidacy.
198 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
199 shall:
200 (i) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
201 Electronic Voter Information Website Program and inform the candidate of the submission
202 deadline under Subsection 20A-7-801 (4)(a);
203 [
204 described under Section 20A-9-206 and inform the candidate that:
205 (A) signing the pledge is voluntary; and
206 (B) signed pledges shall be filed with the filing officer;
207 [
208 [
209 declaration of candidacy to the chair of the county or state political party of which the
210 candidate is a member.
211 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
212 officer shall:
213 (i) accept the candidate's pledge; and
214 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
215 candidate's pledge to the chair of the county or state political party of which the candidate is a
216 member.
217 (5) Except for presidential candidates, the form of the declaration of candidacy shall be
218 substantially as follows:
219 "State of Utah, County of ____
220 I, ______________, declare my intention of becoming a candidate for the office of
221 ____ as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that
222 office, both legally and constitutionally, if selected; I reside at _____________ in the City or
223 Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law
224 governing campaigns and elections; and I will qualify for the office if elected to it. The
225 mailing address that I designate for receiving official election notices is
226 ___________________________.
227 ____________________________________________________________________
228 Subscribed and sworn before me this __________(month\day\year).
229
Notary Public (or other officer qualified to administer oath.)"
230 (6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
231 is:
232 (i) $25 for candidates for the local school district board; and
233 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
234 holding the office, but not less than $5, for all other federal, state, and county offices.
235 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
236 any candidate:
237 (i) who is disqualified; or
238 (ii) who the filing officer determines has filed improperly.
239 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
240 from candidates.
241 (ii) The lieutenant governor shall:
242 (A) apportion to and pay to the county treasurers of the various counties all fees
243 received for filing of nomination certificates or acceptances; and
244 (B) ensure that each county receives that proportion of the total amount paid to the
245 lieutenant governor from the congressional district that the total vote of that county for all
246 candidates for representative in Congress bears to the total vote of all counties within the
247 congressional district for all candidates for representative in Congress.
248 (d) (i) Each person who is unable to pay the filing fee may file a declaration of
249 candidacy without payment upon a prima facie showing of impecuniosity as evidenced by an
250 affidavit of impecuniosity filed with the filing officer.
251 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
252 substantially the following form:
253 "Affidavit of Impecuniosity
254 Individual Name
255 ____________________________Address_____________________________
256 Phone Number _________________
257 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my
258 poverty, I am unable to pay the filing fee required by law.
259 Date ______________ Signature________________________________________________
260 Affiant
261 Subscribed and sworn to before me on ___________ (month\day\year)
262
______________________
263
(signature)
264 Name and Title of Officer Authorized to Administer Oath
______________________"
265 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
266 within the time provided in this chapter is ineligible for nomination to office.
267 Section 3. Section 20A-9-203 is amended to read:
268 20A-9-203. Declarations of candidacy -- Municipal general elections.
269 (1) (a) A person may become a candidate for any municipal office if the person is a
270 registered voter and:
271 (i) the person has resided within the municipality in which that person seeks to hold
272 elective office for the 12 consecutive months immediately before the date of the election; or
273 (ii) if the territory in which the person resides was annexed into the municipality, the
274 person has resided within the annexed territory or the municipality for 12 months.
275 (b) In addition to the requirements of Subsection (1)(a), candidates for a municipal
276 council position under the council-mayor or council-manager alternative forms of municipal
277 government shall, if elected from districts, be residents of the council district from which they
278 are elected.
279 (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
280 incompetent person, any person convicted of a felony, or any person convicted of treason or a
281 crime against the elective franchise may not hold office in this state until the right to hold
282 elective office is restored under Section 20A-2-101.5 .
283 (2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to
284 become a candidate for a municipal office shall file a declaration of candidacy in person with
285 the city recorder or town clerk during office hours and not later than 5 p.m. between July 15
286 and August 15 of any odd numbered year and pay the filing fee, if one is required by municipal
287 ordinance.
288 (b) (i) As used in this Subsection (2)(b), "registered voters" means the number of
289 persons registered to vote in the municipality on the January 1 of the municipal election year.
290 (ii) A third, fourth, or fifth class city that used the convention system to nominate
291 candidates in the last municipal election as authorized by Subsection 20A-9-404 (3) or used the
292 process contained in this Subsection (2)(b) in the last municipal election or a town that used the
293 convention system to nominate candidates in the last municipal election as authorized by
294 Subsection 20A-9-404 (3) or used the process contained in this Subsection (2)(b) in the last
295 municipal election may, by ordinance, require, in lieu of the convention system, that candidates
296 for municipal office file a nominating petition signed by a percentage of registered voters at the
297 same time that the candidate files a declaration of candidacy.
298 (iii) The ordinance shall specify the number of signatures that the candidate must
299 obtain on the nominating petition in order to become a candidate for municipal office under
300 this Subsection (2), but that number may not exceed 5% of registered voters.
301 (c) Any resident of a municipality may nominate a candidate for a municipal office by
302 filing a nomination petition with the city recorder or town clerk during office hours but not
303 later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing
304 fee, if one is required by municipal ordinance.
305 (d) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
306 p.m. on the following Monday.
307 (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
308 petition, the filing officer shall:
309 (i) read to the prospective candidate or person filing the petition the constitutional and
310 statutory qualification requirements for the office that the candidate is seeking; and
311 (ii) require the candidate or person filing the petition to state whether or not the
312 candidate meets those requirements.
313 (b) If the prospective candidate does not meet the qualification requirements for the
314 office, the filing officer may not accept the declaration of candidacy or nomination petition.
315 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
316 filing officer shall:
317 (i) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
318 Electronic Voter Information Website Program and inform the candidate of the submission
319 deadline under Subsection 20A-7-801 (4)(a);
320 [
321 described under Section 20A-9-206 and inform the candidate that:
322 (A) signing the pledge is voluntary; and
323 (B) signed pledges shall be filed with the filing officer; and
324 [
325 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
326 officer shall:
327 (i) accept the candidate's pledge; and
328 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
329 candidate's pledge to the chair of the county or state political party of which the candidate is a
330 member.
331 (4) The declaration of candidacy shall substantially comply with the following form:
332 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
333 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
334 registered voter; and that I am a candidate for the office of ____ (stating the term). I request
335 that my name be printed upon the applicable official ballots. (Signed) _______________
336 Subscribed and sworn to (or affirmed) before me by ____ on this
337 __________(month\day\year).
338 (Signed) _______________ (Clerk or other officer qualified to administer oath)"
339 (5) (a) In all first and second class cities, and in third, fourth, or fifth class cities that
340 have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not
341 passed the ordinance authorized by Subsection (2)(b), any registered voter may be nominated
342 for municipal office by submitting a petition signed by:
343 (i) 25 residents of the municipality who are at least 18 years old; or
344 (ii) 20% of the residents of the municipality who are at least 18 years old.
345 (b) (i) The petition shall substantially conform to the following form:
346
347 The undersigned residents of (name of municipality) being 18 years old or older
348 nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
349 applicable)."
350 (ii) The remainder of the petition shall contain lines and columns for the signatures of
351 persons signing the petition and their addresses and telephone numbers.
352 (6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized
353 by Subsection (2)(b), and in towns that have passed the ordinance authorized by Subsection
354 (2)(b), any registered voter may be nominated for municipal office by submitting a petition
355 signed by the same percentage of registered voters in the municipality as required by the
356 ordinance passed under authority of Subsection (2)(b).
357 (b) (i) The petition shall substantially conform to the following form:
358 "NOMINATION PETITION
359 The undersigned residents of (name of municipality) being 18 years old or older
360 nominate (name of nominee) to the office of (name of office) for the (two or four-year term,
361 whichever is applicable)."
362 (ii) The remainder of the petition shall contain lines and columns for the signatures of
363 persons signing the petition and their addresses and telephone numbers.
364 (7) If the declaration of candidacy or nomination petition fails to state whether the
365 nomination is for the two or four-year term, the clerk shall consider the nomination to be for
366 the four-year term.
367 (8) (a) The clerk shall verify with the county clerk that all candidates are registered
368 voters.
369 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
370 print the candidate's name on the ballot.
371 (9) Immediately after expiration of the period for filing a declaration of candidacy, the
372 clerk shall:
373 (a) cause the names of the candidates as they will appear on the ballot to be published
374 in at least two successive publications of a newspaper with general circulation in the
375 municipality; and
376 (b) notify the lieutenant governor of the names of the candidates as they will appear on
377 the ballot.
378 (10) (a) A declaration of candidacy or nomination petition filed under this section is
379 valid unless a written objection is filed with the clerk within five days after the last day for
380 filing.
381 (b) If an objection is made, the clerk shall:
382 (i) mail or personally deliver notice of the objection to the affected candidate
383 immediately; and
384 (ii) decide any objection within 48 hours after it is filed.
385 (c) If the clerk sustains the objection, the candidate may correct the problem by
386 amending the declaration or petition within three days after the objection is sustained or by
387 filing a new declaration within three days after the objection is sustained.
388 (d) (i) The clerk's decision upon objections to form is final.
389 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
390 prompt application is made to the district court.
391 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
392 of its discretion, agrees to review the lower court decision.
393 (11) Any person who filed a declaration of candidacy and was nominated, and any
394 person who was nominated by a nomination petition, may, any time up to 23 days before the
395 election, withdraw the nomination by filing a written affidavit with the clerk.
396 Section 4. Section 67-1a-2 is amended to read:
397 67-1a-2. Duties enumerated.
398 (1) The lieutenant governor shall:
399 (a) perform duties delegated by the governor, including assignments to serve in any of
400 the following capacities:
401 (i) as the head of any one department, if so qualified, with the consent of the Senate,
402 and, upon appointment at the pleasure of the governor and without additional compensation;
403 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
404 law for the purpose of advising the governor or coordinating intergovernmental or
405 interdepartmental policies or programs;
406 (iii) as liaison between the governor and the state Legislature to coordinate and
407 facilitate the governor's programs and budget requests;
408 (iv) as liaison between the governor and other officials of local, state, federal, and
409 international governments or any other political entities to coordinate, facilitate, and protect the
410 interests of the state;
411 (v) as personal advisor to the governor, including advice on policies, programs,
412 administrative and personnel matters, and fiscal or budgetary matters; and
413 (vi) as chairperson or member of any temporary or permanent boards, councils,
414 commissions, committees, task forces, or other group appointed by the governor;
415 (b) serve on all boards and commissions in lieu of the governor, whenever so
416 designated by the governor;
417 (c) serve as the chief election officer of the state as required by Subsection (2);
418 (d) keep custody of the Great Seal of Utah;
419 (e) keep a register of, and attest, the official acts of the governor;
420 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
421 which the official signature of the governor is required; and
422 (g) furnish a certified copy of all or any part of any law, record, or other instrument
423 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
424 it and pays the fee.
425 (2) (a) As the chief election officer, the lieutenant governor shall:
426 (i) exercise general supervisory authority over all elections;
427 (ii) exercise direct authority over the conduct of elections for federal, state, and
428 multicounty officers and statewide or multicounty ballot propositions and any recounts
429 involving those races;
430 (iii) assist county clerks in unifying the election ballot;
431 (iv) (A) prepare election information for the public [
432 determined appropriate by the lieutenant governor;
433 (B) make [
434 and to news media on the Internet and in other forms as required by statute or as determined
435 appropriate by the lieutenant governor;
436 (v) receive and answer election questions and maintain an election file on opinions
437 received from the attorney general;
438 (vi) maintain election returns and statistics;
439 (vii) certify to the governor the names of those persons who have received the highest
440 number of votes for any office;
441 (viii) ensure that all voting equipment purchased by the state complies with the
442 requirements of Subsection 20A-5-302 (2) and Sections 20A-5-402.5 and 20A-5-402.7 ; and
443 (ix) perform other election duties as provided in Title 20A, Election Code.
444 (b) As chief election officer, the lieutenant governor may not assume the
445 responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
446 officials by Title 20A, Election Code.
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