H.B. 279

1

DIRECT PRIMARY ELECTIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Litvack
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by providing for direct primary elections.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . provides for a direct primary election to nominate political party candidates instead
14 of being nominated in a political party convention;
15 . requires an election officer to ensure that a person who has filed a declaration of
16 candidacy appears on the primary election ballot, unless a primary election is not
17 needed;
18 . requires a political party to use a direct primary election to nominate a candidate for
19 an office for the regular general election or the municipal general election, unless a
20 primary election is not needed;
21 . provides for advancement from a regular primary election to the general election for
22 candidates for a nonpartisan office; and
23 . makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 10-2-116, as last amended by Laws of Utah 2009, Chapter 388
31 20A-1-102, as last amended by Laws of Utah 2010, Chapters 129, 197, and 254
32 20A-4-403, as last amended by Laws of Utah 2007, Chapter 238
33 20A-6-402, as last amended by Laws of Utah 2009, Chapter 202
34 20A-9-203, as last amended by Laws of Utah 2010, Chapter 197
35 20A-9-403, as last amended by Laws of Utah 2008, Chapter 225
36 20A-9-404, as last amended by Laws of Utah 2007, Chapter 256
37 20A-11-101, as last amended by Laws of Utah 2010, Chapters 197, 246, and 389
38 20A-11-205, as last amended by Laws of Utah 1997, Chapter 355
39 20A-11-304, as last amended by Laws of Utah 1997, Chapter 355
40 ENACTS:
41 20A-9-402.5, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 10-2-116 is amended to read:
45 10-2-116. Election of officers of new city.
46 (1) For the election of a city [officers] officer, the county legislative body shall:
47 (a) unless a primary election is prohibited by Subsection [ 20A-9-404 (2)]
48 20A-9-402.5 (4), hold a primary election; and
49 (b) hold a final election.
50 (2) [Each] An election under Subsection (1) shall be:
51 (a) appropriate to the form of government chosen by the voters at the incorporation
52 election;
53 (b) consistent with the voters' decision about whether to elect commission or council
54 members by district and, if applicable, consistent with the boundaries of those districts as
55 determined by the petition sponsors; and
56 (c) consistent with the sponsors' determination of the number of commission or council
57 members to be elected and the length of their initial term.
58 (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the

59 primary election under Subsection (1)(a) shall be held at the earliest of the next:
60 (i) regular general election under Section 20A-1-201 ;
61 (ii) municipal primary election under Section 20A-9-404 ;
62 (iii) municipal general election under Section 20A-1-202 ; or
63 (iv) special election under Section 20A-1-204 .
64 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
65 may not be held until 75 days after the incorporation election under Section 10-2-111 .
66 (4) Except as provided in Subsection (5), the final election under Subsection (1)(b)
67 shall be held at the next special election date under Section 20A-1-204 :
68 (a) after the primary election; or
69 (b) if there is no primary election, more than 75 days after the incorporation election
70 under Section 10-2-111 .
71 (5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
72 primary and final elections required under Subsection (1) on the dates provided for the next
73 municipal primary election under Section 20A-9-404 and the next municipal general election
74 under Section 20A-1-202 , respectively, after the incorporation election, if:
75 (a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to
76 the county legislative body a written request to that effect; and
77 (b) the incorporation election under Section 10-2-111 took place in February or May of
78 an odd-numbered year.
79 (6) (a) (i) The county clerk shall publish notice of an election under this section:
80 (A) at least once a week for two successive weeks in a newspaper of general circulation
81 within the future city; and
82 (B) in accordance with Section 45-1-101 for two weeks.
83 (ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more
84 than seven days before the election.
85 (b) (i) In accordance with Subsection (6)(a)(i)(A), if there is no newspaper of general
86 circulation within the future city, the county clerk shall post at least one notice of the election
87 per 1,000 population in conspicuous places within the future city that are most likely to give
88 notice of the election to the voters.
89 (ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven

90 days before each election under Subsection (1).
91 (7) Until the city is incorporated, the county clerk is the election officer for all purposes
92 in an election of officers of the city approved at an incorporation election.
93 Section 2. Section 20A-1-102 is amended to read:
94 20A-1-102. Definitions.
95 As used in this title:
96 (1) "Active voter" means a registered voter who has not been classified as an inactive
97 voter by the county clerk.
98 (2) "Automatic tabulating equipment" means apparatus that automatically examines
99 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
100 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
101 upon which a voter records the voter's votes.
102 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
103 envelopes.
104 (4) "Ballot sheet":
105 (a) means a ballot that:
106 (i) consists of paper or a card where the voter's votes are marked or recorded; and
107 (ii) can be counted using automatic tabulating equipment; and
108 (b) includes punch card ballots and other ballots that are machine-countable.
109 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
110 (a) contain the names of offices and candidates and statements of ballot propositions to
111 be voted on; and
112 (b) are used in conjunction with ballot sheets that do not display that information.
113 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
114 on the ballot for their approval or rejection including:
115 (a) an opinion question specifically authorized by the Legislature;
116 (b) a constitutional amendment;
117 (c) an initiative;
118 (d) a referendum;
119 (e) a bond proposition;
120 (f) a judicial retention question; or

121 (g) any other ballot question specifically authorized by the Legislature.
122 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
123 20A-4-306 to canvass election returns.
124 (8) "Bond election" means an election held for the purpose of approving or rejecting
125 the proposed issuance of bonds by a government entity.
126 (9) "Book voter registration form" means voter registration forms contained in a bound
127 book that are used by election officers and registration agents to register persons to vote.
128 (10) "By-mail voter registration form" means a voter registration form designed to be
129 completed by the voter and mailed to the election officer.
130 (11) "Canvass" means the review of election returns and the official declaration of
131 election results by the board of canvassers.
132 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
133 the canvass.
134 (13) "Convention" means the political party convention at which party officers and
135 delegates are selected.
136 (14) "Counting center" means one or more locations selected by the election officer in
137 charge of the election for the automatic counting of ballots.
138 (15) "Counting judge" means a poll worker designated to count the ballots during
139 election day.
140 (16) "Counting poll watcher" means a person selected as provided in Section
141 20A-3-201 to witness the counting of ballots.
142 (17) "Counting room" means a suitable and convenient private place or room,
143 immediately adjoining the place where the election is being held, for use by the poll workers
144 and counting judges to count ballots during election day.
145 (18) "County officers" means those county officers that are required by law to be
146 elected.
147 (19) "Date of the election" or "election day" or "day of the election":
148 (a) means the day that is specified in the calendar year as the day that the election
149 occurs; and
150 (b) does not include:
151 (i) deadlines established for absentee voting; or

152 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
153 Voting.
154 (20) "Direct primary election" means a primary election in which an election officer
155 lists each person whose declaration of candidacy is accepted by a filing clerk on the primary
156 ballot unless the candidate withdraws.
157 [(20)] (21) "Election" means a regular general election, a municipal general election, a
158 statewide special election, a local special election, a regular primary election, a municipal
159 primary election, and a local district election.
160 [(21)] (22) "Election Assistance Commission" means the commission established by
161 Public Law 107-252, the Help America Vote Act of 2002.
162 [(22)] (23) "Election cycle" means the period beginning on the first day persons are
163 eligible to file declarations of candidacy and ending when the canvass is completed.
164 [(23)] (24) "Election judge" means a poll worker that is assigned to:
165 (a) preside over other poll workers at a polling place;
166 (b) act as the presiding election judge; or
167 (c) serve as a canvassing judge, counting judge, or receiving judge.
168 [(24)] (25) "Election officer" means:
169 (a) the lieutenant governor, for all statewide ballots;
170 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
171 as provided in Section 20A-5-400.5 ;
172 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
173 provided in Section 20A-5-400.5 ;
174 (d) the local district clerk or chief executive officer for certain ballots and elections as
175 provided in Section 20A-5-400.5 ; and
176 (e) the business administrator or superintendent of a school district for certain ballots
177 or elections as provided in Section 20A-5-400.5 .
178 [(25)] (26) "Election official" means any election officer, election judge, or poll
179 worker.
180 [(26)] (27) "Election results" means, for bond elections, the count of those votes cast
181 for and against the bond proposition plus any or all of the election returns that the board of
182 canvassers may request.

183 [(27)] (28) "Election returns" includes the pollbook, all affidavits of registration, the
184 military and overseas absentee voter registration and voting certificates, one of the tally sheets,
185 any unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
186 spoiled ballots, the ballot disposition form, and the total votes cast form.
187 [(28)] (29) "Electronic ballot" means a ballot that is recorded using a direct electronic
188 voting device or other voting device that records and stores ballot information by electronic
189 means.
190 [(29)] (30) (a) "Electronic voting device" means a voting device that uses electronic
191 ballots.
192 (b) "Electronic voting device" includes a direct recording electronic voting device.
193 [(30)] (31) "Inactive voter" means a registered voter who has:
194 (a) been sent the notice required by Section 20A-2-306 ; and
195 (b) failed to respond to that notice.
196 [(31)] (32) "Inspecting poll watcher" means a person selected as provided in this title to
197 witness the receipt and safe deposit of voted and counted ballots.
198 [(32)] (33) "Judicial office" means the office filled by any judicial officer.
199 [(33)] (34) "Judicial officer" means any justice or judge of a court of record or any
200 county court judge.
201 [(34)] (35) "Local district" means a local government entity under Title 17B, Limited
202 Purpose Local Government Entities - Local Districts, and includes a special service district
203 under Title 17D, Chapter 1, Special Service District Act.
204 [(35)] (36) "Local district officers" means those local district officers that are required
205 by law to be elected.
206 [(36)] (37) "Local election" means a regular municipal election, a local special
207 election, a local district election, and a bond election.
208 [(37)] (38) "Local political subdivision" means a county, a municipality, a local
209 district, or a local school district.
210 [(38)] (39) "Local special election" means a special election called by the governing
211 body of a local political subdivision in which all registered voters of the local political
212 subdivision may vote.
213 [(39)] (40) "Municipal executive" means:

214 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
215 or
216 (b) the mayor in the council-manager form of government defined in Subsection
217 10-3b-103 (6).
218 [(40)] (41) "Municipal general election" means the election held in municipalities and
219 local districts on the first Tuesday after the first Monday in November of each odd-numbered
220 year for the purposes established in Section 20A-1-202 .
221 [(41)] (42) "Municipal legislative body" means the council of the city or town in any
222 form of municipal government.
223 [(42)] (43) "Municipal officers" means those municipal officers that are required by
224 law to be elected.
225 [(43)] (44) "Municipal primary election" means an election held to nominate
226 candidates for municipal office.
227 [(44)] (45) "Official ballot" means the ballots distributed by the election officer to the
228 poll workers to be given to voters to record their votes.
229 [(45)] (46) "Official endorsement" means:
230 (a) the information on the ballot that identifies:
231 (i) the ballot as an official ballot;
232 (ii) the date of the election; and
233 (iii) the facsimile signature of the election officer; and
234 (b) the information on the ballot stub that identifies:
235 (i) the poll worker's initials; and
236 (ii) the ballot number.
237 [(46)] (47) "Official register" means the official record furnished to election officials
238 by the election officer that contains the information required by Section 20A-5-401 .
239 [(47)] (48) "Paper ballot" means a paper that contains:
240 (a) the names of offices and candidates and statements of ballot propositions to be
241 voted on; and
242 (b) spaces for the voter to record the voter's vote for each office and for or against each
243 ballot proposition.
244 (49) "Partisan election" means an election in which a candidate may be:

245 (a) nominated by a political party; and
246 (b) have a political party affiliation designation on the ballot.
247 [(48)] (50) "Political party" means an organization of registered voters that has
248 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
249 Formation and Procedures.
250 [(49)] (51) (a) "Poll worker" means a person assigned by an election official to assist
251 with an election, voting, or counting votes.
252 (b) "Poll worker" includes election judges.
253 (c) "Poll worker" does not include a watcher.
254 [(50)] (52) "Pollbook" means a record of the names of voters in the order that they
255 appear to cast votes.
256 [(51)] (53) "Polling place" means the building where voting is conducted.
257 [(52)] (54) "Position" means a square, circle, rectangle, or other geometric shape on a
258 ballot in which the voter marks the voter's choice.
259 [(53)] (55) "Provisional ballot" means a ballot voted provisionally by a person:
260 (a) whose name is not listed on the official register at the polling place;
261 (b) whose legal right to vote is challenged as provided in this title; or
262 (c) whose identity was not sufficiently established by a poll worker.
263 [(54)] (56) "Provisional ballot envelope" means an envelope printed in the form
264 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
265 information to verify a person's legal right to vote.
266 [(55)] (57) "Primary convention" means the political party conventions at which
267 nominees for the regular primary election are [selected] introduced.
268 [(56)] (58) "Protective counter" means a separate counter, which cannot be reset, that:
269 (a) is built into a voting machine; and
270 (b) records the total number of movements of the operating lever.
271 [(57)] (59) "Qualify" or "qualified" means to take the oath of office and begin
272 performing the duties of the position for which the person was elected.
273 [(58)] (60) "Receiving judge" means the poll worker that checks the voter's name in the
274 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
275 after the voter has voted.

276 [(59)] (61) "Registration form" means a book voter registration form and a by-mail
277 voter registration form.
278 [(60)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
279 [(61)] (63) "Regular general election" means the election held throughout the state on
280 the first Tuesday after the first Monday in November of each even-numbered year for the
281 purposes established in Section 20A-1-201 .
282 [(62)] (64) "Regular primary election" means the election on the fourth Tuesday of
283 June of each even-numbered year, to nominate candidates of political parties and nonpolitical
284 groups to advance to the regular general election.
285 [(63)] (65) "Resident" means a person who resides within a specific voting precinct in
286 Utah.
287 [(64)] (66) "Sample ballot" means a mock ballot similar in form to the official ballot
288 printed and distributed as provided in Section 20A-5-405 .
289 [(65)] (67) "Scratch vote" means to mark or punch the straight party ticket and then
290 mark or punch the ballot for one or more candidates who are members of different political
291 parties.
292 [(66)] (68) "Secrecy envelope" means the envelope given to a voter along with the
293 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
294 secrecy of the voter's vote.
295 [(67)] (69) "Special election" means an election held as authorized by Section
296 20A-1-204 .
297 [(68)] (70) "Spoiled ballot" means each ballot that:
298 (a) is spoiled by the voter;
299 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
300 (c) lacks the official endorsement.
301 [(69)] (71) "Statewide special election" means a special election called by the governor
302 or the Legislature in which all registered voters in Utah may vote.
303 [(70)] (72) "Stub" means the detachable part of each ballot.
304 [(71)] (73) "Substitute ballots" means replacement ballots provided by an election
305 officer to the poll workers when the official ballots are lost or stolen.
306 [(72)] (74) "Ticket" means each list of candidates for each political party or for each

307 group of petitioners.
308 [(73)] (75) "Transfer case" means the sealed box used to transport voted ballots to the
309 counting center.
310 [(74)] (76) "Vacancy" means the absence of a person to serve in any position created
311 by statute, whether that absence occurs because of death, disability, disqualification,
312 resignation, or other cause.
313 [(75)] (77) "Valid voter identification" means:
314 (a) a form of identification that bears the name and photograph of the voter which may
315 include:
316 (i) a currently valid Utah driver license;
317 (ii) a currently valid identification card that is issued by:
318 (A) the state; or
319 (B) a branch, department, or agency of the United States;
320 (iii) a currently valid Utah permit to carry a concealed weapon;
321 (iv) a currently valid United States passport; or
322 (v) a currently valid United States military identification card;
323 (b) one of the following identification cards, whether or not the card includes a
324 photograph of the voter:
325 (i) a valid tribal identification card;
326 (ii) a Bureau of Indian Affairs card; or
327 (iii) a tribal treaty card; or
328 (c) two forms of identification not listed under Subsection [(75)] (77)(a) or (b) but that
329 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
330 which may include:
331 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
332 election;
333 (ii) a bank or other financial account statement, or a legible copy thereof;
334 (iii) a certified birth certificate;
335 (iv) a valid Social Security card;
336 (v) a check issued by the state or the federal government or a legible copy thereof;
337 (vi) a paycheck from the voter's employer, or a legible copy thereof;

338 (vii) a currently valid Utah hunting or fishing license;
339 (viii) certified naturalization documentation;
340 (ix) a currently valid license issued by an authorized agency of the United States;
341 (x) a certified copy of court records showing the voter's adoption or name change;
342 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
343 (xii) a currently valid identification card issued by:
344 (A) a local government within the state;
345 (B) an employer for an employee; or
346 (C) a college, university, technical school, or professional school located within the
347 state; or
348 (xiii) a current Utah vehicle registration.
349 [(76)] (78) "Valid write-in candidate" means a candidate who has qualified as a
350 write-in candidate by following the procedures and requirements of this title.
351 [(77)] (79) "Voter" means a person who:
352 (a) meets the requirements for voting in an election;
353 (b) meets the requirements of election registration;
354 (c) is registered to vote; and
355 (d) is listed in the official register book.
356 [(78)] (80) "Voter registration deadline" means the registration deadline provided in
357 Section 20A-2-102.5 .
358 [(79)] (81) "Voting area" means the area within six feet of the voting booths, voting
359 machines, and ballot box.
360 [(80)] (82) "Voting booth" means:
361 (a) the space or compartment within a polling place that is provided for the preparation
362 of ballots, including the voting machine enclosure or curtain; or
363 (b) a voting device that is free standing.
364 [(81)] (83) "Voting device" means:
365 (a) an apparatus in which ballot sheets are used in connection with a punch device for
366 piercing the ballots by the voter;
367 (b) a device for marking the ballots with ink or another substance;
368 (c) an electronic voting device or other device used to make selections and cast a ballot

369 electronically, or any component thereof;
370 (d) an automated voting system under Section 20A-5-302 ; or
371 (e) any other method for recording votes on ballots so that the ballot may be tabulated
372 by means of automatic tabulating equipment.
373 [(82)] (84) "Voting machine" means a machine designed for the sole purpose of
374 recording and tabulating votes cast by voters at an election.
375 [(83)] (85) "Voting poll watcher" means a person appointed as provided in this title to
376 witness the distribution of ballots and the voting process.
377 [(84)] (86) "Voting precinct" means the smallest voting unit established as provided by
378 law within which qualified voters vote at one polling place.
379 [(85)] (87) "Watcher" means a voting poll watcher, a counting poll watcher, an
380 inspecting poll watcher, and a testing watcher.
381 [(86)] (88) "Western States Presidential Primary" means the election established in
382 Title 20A, Chapter 9, Part 8.
383 [(87)] (89) "Write-in ballot" means a ballot containing any write-in votes.
384 [(88)] (90) "Write-in vote" means a vote cast for a person whose name is not printed on
385 the ballot according to the procedures established in this title.
386 Section 3. Section 20A-4-403 is amended to read:
387 20A-4-403. Election contest -- Petition and response.
388 (1) (a) In contesting the results of all elections, except for primary elections and bond
389 elections, a registered voter shall contest the right of any person declared elected to any office
390 by filing a verified written complaint with the district court of the county in which he resides
391 within 40 days after the canvass.
392 (b) The complaint shall include:
393 (i) the name of the party contesting the election;
394 (ii) a statement that the party is a registered voter in the jurisdiction in which the
395 election was held;
396 (iii) the name of the person whose right to the office is contested;
397 (iv) the office to which that person was ostensibly elected;
398 (v) one or more of the grounds for an election contest specified in Section 20A-4-402 ;
399 (vi) the person who was purportedly elected to the office as respondent; and

400 (vii) if the reception of illegal votes or the rejection of legal votes is alleged as a
401 ground for the contest, the name and address of all persons who allegedly cast illegal votes or
402 whose legal vote was rejected.
403 (c) When the reception of illegal votes or the rejection of legal votes is alleged as a
404 cause of contest, it is sufficient to state generally that:
405 (i) illegal votes were given in one or more specified voting precincts to a person whose
406 election is contested, which, if taken from him, would reduce the number of his legal votes
407 below the number of legal votes given to some other person for the same office; or
408 (ii) that legal votes for another person were rejected, which, if counted, would raise the
409 number of legal votes for that person above the number of legal votes cast for the person whose
410 election is contested.
411 (d) (i) The court may not take or receive evidence of any of the votes described in
412 Subsection (1)(c) unless the party contesting the election delivers to the opposite party, at least
413 three days before the trial, a written list of the number of contested votes and by whom the
414 contested votes were given or offered, which he intends to prove at trial.
415 (ii) The court may not take or receive any evidence of contested votes except those that
416 are specified in that list.
417 (2) (a) In contesting the results of a primary election, when contesting the petition
418 nominating an independent candidate, or when challenging any person, election officer,
419 election official, or board[, or convention] for failing to nominate a person, a registered voter
420 shall contest the right of any person declared nominated to any office by filing a verified
421 written complaint within 10 days after the date of the canvass for the primary election, after the
422 date of filing of the petition[, or after the date of the convention, respectively,] with:
423 (i) the district court of the county in which he resides if he is contesting a nomination
424 made only by voters from that county; or
425 (ii) the Utah Supreme Court, if he is contesting a nomination made by voters in more
426 than one county.
427 (b) The complaint shall include:
428 (i) the name of the party contesting the nomination;
429 (ii) a statement that the contesting party is a registered voter in the jurisdiction in which
430 the election was held;

431 (iii) the name of the person whose right to nomination is contested or the name of the
432 person who failed to have their name placed in nomination;
433 (iv) the office to which that person was nominated or should have been nominated;
434 (v) one or more of the grounds for an election contest specified in Subsection (1);
435 (vi) the person who was purportedly nominated to the office as respondent; and
436 (vii) if the reception of illegal votes or the rejection of legal votes is alleged as a
437 ground for the contest, the name and address of all persons who allegedly cast illegal votes or
438 whose legal vote was rejected.
439 (c) When the reception of illegal votes or the rejection of legal votes is alleged as a
440 cause of contest, it is sufficient to state generally that:
441 (i) illegal votes were given to a person whose election is contested, which, if taken
442 from him, would reduce the number of his legal votes below the number of legal votes given to
443 some other person for the same office; or
444 (ii) legal votes for another person were rejected, which, if counted, would raise the
445 number of legal votes for that person above the number of legal votes cast for the person whose
446 election is contested.
447 (d) (i) The court may not take or receive evidence of any the votes described in
448 Subsection (2)(c), unless the party contesting the election delivers to the opposite party, at least
449 three days before the trial, a written list of the number of contested votes and by whom the
450 contested votes were given or offered, which he intends to prove at trial.
451 (ii) The court may not take or receive any evidence of contested votes except those that
452 are specified in that list.
453 (3) (a) In contesting the results of a bond election, a registered voter shall contest the
454 validity of the declared results by filing a verified written complaint with the district court of
455 the county in which he resides within 40 days after the date of the official finding entered under
456 Section 11-14-207 .
457 (b) The complaint shall include:
458 (i) the name of the party contesting the election;
459 (ii) a statement that the party is a registered voter in the jurisdiction in which the
460 election was held;
461 (iii) the bond proposition that is the subject of the contest;

462 (iv) one or more of the grounds for an election contest specified in Section 20A-4-402 ;
463 and
464 (v) if the reception of illegal votes or the rejection of legal votes is alleged as a ground
465 for the contest, the name and address of all persons who allegedly cast illegal votes or whose
466 legal vote was rejected.
467 (c) When the reception of illegal votes or the rejection of legal votes is alleged as a
468 cause of contest, it is sufficient to state generally that:
469 (i) illegal votes were counted in one or more specified voting precincts which, if taken
470 out of the count, would change the declared result of the vote on the proposition; or
471 (ii) legal votes were rejected in one or more specified voting precincts, which, if
472 counted, would change the declared result of the vote on the proposition.
473 (d) (i) The court may not take or receive evidence of any of the votes described in
474 Subsection (3)(c) unless the party contesting the election delivers to the opposite party, at least
475 three days before the trial, a written list of the number of contested votes and by whom the
476 contested votes were given or offered, which he intends to prove at trial.
477 (ii) The court may not take or receive any evidence of contested votes except those that
478 are specified in that list.
479 (4) The court may not reject any statement of the grounds of contest or dismiss the
480 proceedings because of lack of form, if the grounds of the contest are alleged with such
481 certainty as will advise the defendant of the particular proceeding or cause for which the
482 election is contested.
483 (5) (a) The petitioner shall serve a copy of the petition on the respondent.
484 (b) (i) If the petitioner cannot obtain personal service of the petition on the respondent,
485 the petitioner may serve the respondent by leaving a copy of the petition with the clerk of the
486 court with which the petition was filed.
487 (ii) The clerk shall make diligent inquiry and attempt to inform the respondent that he
488 has five days to answer the complaint.
489 (c) The respondent shall answer the petition within five days after the service.
490 (d) If the reception of illegal votes or the rejection of legal votes is alleged as a ground
491 for the contest, the defendant shall set forth in the answer the name and address of all persons
492 whom the defendant believes were properly or improperly admitted or denied the vote.

493 (e) If the answer contains a counterclaim, the petitioner shall file a reply within 10 days
494 after service of the counterclaim.
495 (6) (a) The provisions of this Subsection (6) provide additional requirements that apply
496 to municipal election contests that are in addition to the other requirements of this section
497 governing election contest.
498 (b) Municipal election contests shall be filed, tried, and determined in the district court
499 of the county in which the municipality is located.
500 (c) (i) As a condition precedent to filing a municipal election contest, the petitioner
501 shall file a written affidavit of intention to contest the election with the clerk of the court within
502 seven days after the votes are canvassed.
503 (ii) The affidavit shall include:
504 (A) the petitioner's name;
505 (B) the fact that the petitioner is a qualified voter of the municipality;
506 (C) the respondent's name;
507 (D) the elective office contested;
508 (E) the time of election; and
509 (F) the grounds for the contest.
510 (d) (i) Before the district court takes jurisdiction of a municipal election contest, the
511 petitioner shall file a bond with the clerk of the court with the sureties required by the court.
512 (ii) The bond shall name the respondent as obligee and be conditioned for the payment
513 of all costs incurred by the respondent if the respondent prevails.
514 Section 4. Section 20A-6-402 is amended to read:
515 20A-6-402. Ballots for municipal general elections.
516 (1) When using a paper ballot at a municipal general [elections] election, each election
517 officer shall ensure that:
518 (a) the names of the two candidates who received the highest number of votes for
519 mayor in the municipal primary are placed upon the ballot;
520 (b) if no municipal primary election was held, the names of the candidates who filed
521 declarations of candidacy for municipal offices are placed upon the ballot;
522 (c) for other offices:
523 (i) twice the number of candidates as there are positions to be filled are certified as

524 eligible for election in the municipal general election from those candidates who received the
525 greater number of votes in the primary election; and
526 (ii) the names of those candidates are placed upon the municipal general election
527 ballot;
528 (d) a write-in area is placed upon the ballot that contains, for each office:
529 (i) a blank, horizontal line to enable the entry of a valid write-in candidate; and
530 (ii) a square or other conforming area that is adjacent to or opposite the blank
531 horizontal line to enable the voter to indicate the voter's vote;
532 (e) ballot propositions that have qualified for the ballot, including propositions
533 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
534 listed on the ballot in accordance with Section 20A-6-107 ; and
535 (f) bond propositions that have qualified for the ballot are listed on the ballot under the
536 title assigned to each bond proposition under Section 11-14-206 .
537 (2) When using a punch card ballot at a municipal general [elections] election, each
538 election officer shall ensure that:
539 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
540 the top of the ballot;
541 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
542 stub; and
543 (iii) ballot stubs are numbered consecutively;
544 (b) immediately below the perforated ballot stub, the following endorsements are
545 printed in 18 point bold type:
546 (i) "Official Ballot for ____ (City or Town), Utah";
547 (ii) the date of the election; and
548 (iii) a facsimile of the signature of the election officer and the election officer's title in
549 eight-point type;
550 (c) immediately below the election officer's title, two one-point parallel horizontal
551 rules separate endorsements from the rest of the ballot;
552 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
553 printed in 10 point bold type that states: "To vote for a candidate, place a cross (X) in the
554 square following the name(s) of the person(s) you favor as the candidate(s) for each respective

555 office." followed by two one-point parallel rules;
556 (e) after the rules, the designation of the office for which the candidates seek election is
557 printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or
558 more" are printed to extend to the extreme right of the column in 10 point bold type, followed
559 by a hair-line rule;
560 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
561 between lines or rules [3/8] three-eighths inch apart, alphabetically according to surnames with
562 surnames last and grouped according to the office that they seek;
563 (g) a square with sides not less than [1/4] one-fourth inch long is printed immediately
564 adjacent to the names of the candidates;
565 (h) following the name of the last candidate for each office, the ballot contains:
566 (i) a write-in space for each elective office where the voter may enter the name of a
567 valid write-in candidate; and
568 (ii) a square printed immediately adjacent to the write-in space or line where the voter
569 may vote for the valid write-in candidate; and
570 (i) the candidate groups are separated from each other by one light and one heavy line
571 or rule.
572 (3) When using a ballot sheet other than a punch card ballot at municipal general
573 elections, each election officer shall ensure that:
574 (a) (i) the ballot contains a perforated ballot stub placed across the top of the ballot;
575 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
576 stub; and
577 (iii) ballot stubs are numbered consecutively;
578 (b) immediately below the perforated ballot stub, the following endorsements are
579 printed:
580 (i) "Official Ballot for ____ (City or Town), Utah";
581 (ii) the date of the election; and
582 (iii) a facsimile of the signature of the election officer and the election officer's title;
583 (c) immediately below the election officer's title, a distinct border or line separates
584 endorsements from the rest of the ballot;
585 (d) immediately below the border or line, an "Instructions to Voters" section is printed

586 that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
587 candidate(s) for each respective office." followed by another border or line;
588 (e) after the border or line, the designation of the office for which the candidates seek
589 election is printed and the words: "Vote for one" or "Vote for two or more" are printed,
590 followed by a line or border;
591 (f) after the line or border, the names of the candidates are printed alphabetically
592 according to surnames with surnames last and grouped according to the office that they seek;
593 (g) an oval is printed adjacent to the names of the candidates;
594 (h) following the name of the last candidate for each office, the ballot contains:
595 (i) a write-in space or blank line for each elective office where the voter may enter the
596 name of a valid write-in candidate; and
597 (ii) an oval is printed adjacent to the write-in space or line where the voter may vote for
598 the valid write-in candidate; and
599 (i) the candidate groups are separated from each other by a line or border.
600 (4) When using an electronic ballot at municipal general elections, each election officer
601 shall ensure that:
602 (a) the following endorsements are displayed on the first screen of the ballot:
603 (i) "Official Ballot for ____ (City or Town), Utah";
604 (ii) the date of the election; and
605 (iii) a facsimile of the signature of the election officer and the election officer's title;
606 (b) immediately below the election officer's title, a distinct border or line separates the
607 endorsements from the rest of the ballot;
608 (c) immediately below the border or line, an "Instructions to Voters" section is
609 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
610 the candidate(s) for each respective office." followed by another border or line;
611 (d) after the border or line, the designation of the office for which the candidates seek
612 election is displayed, and the words: "Vote for one" or "Vote for two or more" are displayed,
613 followed by a line or border;
614 (e) after the line or border, the names of the candidates are displayed alphabetically
615 according to surnames with surnames last and grouped according to the office that they seek;
616 (f) a voting square or position is located adjacent to the name of each candidate;

617 (g) following the name of the last candidate for each office, the ballot contains a
618 write-in space where the voter may enter the name of and vote for a valid write-in candidate for
619 the office; and
620 (h) the candidate groups are separated from each other by a line or border.
621 (5) When a municipality has chosen to [nominate candidates by convention or
622 committee] use a primary election for a partisan election under Subsection 20A-9-404 (2), the
623 election officer shall ensure that the party name is included with the candidate's name on the
624 ballot.
625 Section 5. Section 20A-9-203 is amended to read:
626 20A-9-203. Declarations of candidacy -- Municipal general elections.
627 (1) (a) (i) A person may become a candidate for any municipal office if:
628 (A) the person is a registered voter; and
629 (B) (I) the person has resided within the municipality in which that person seeks to
630 hold elective office for the 12 consecutive months immediately before the date of the election;
631 or
632 (II) if the territory in which the person resides was annexed into the municipality, the
633 person has resided within the annexed territory or the municipality the 12 consecutive months
634 immediately before the date of the election.
635 (ii) For purposes of determining whether a person meets the residency requirement of
636 Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
637 the election, the municipality shall be considered to have been incorporated 12 months before
638 the date of the election.
639 (b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal
640 council position shall, if elected from a district, be a resident of the council district from which
641 elected.
642 (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
643 incompetent person, any person convicted of a felony, or any person convicted of treason or a
644 crime against the elective franchise may not hold office in this state until the right to hold
645 elective office is restored under Section 20A-2-101.5 .
646 (2) (a) Except as provided in Subsection (2)(b) [or (2)(c)], each person seeking to
647 become a candidate for a municipal office shall:

648 (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
649 office hours and not later than the close of normal office hours, between July 1 and July 15 of
650 any odd numbered year; and
651 (ii) pay the filing fee, if one is required by municipal ordinance.
652 [(b) (i) As used in this Subsection (2)(b), "registered voters" means the number of
653 persons registered to vote in the municipality on the January 1 of the municipal election year.]
654 [(ii) A third, fourth, or fifth class city that used the convention system to nominate
655 candidates in the last municipal election as authorized by Subsection 20A-9-404 (3) or used the
656 process contained in this Subsection (2)(b) in the last municipal election or a town that used the
657 convention system to nominate candidates in the last municipal election as authorized by
658 Subsection 20A-9-404 (3) or used the process contained in this Subsection (2)(b) in the last
659 municipal election may, by ordinance, require, in lieu of the convention system, that candidates
660 for municipal office file a nominating petition signed by a percentage of registered voters at the
661 same time that the candidate files a declaration of candidacy.]
662 [(iii) The ordinance shall specify the number of signatures that the candidate must
663 obtain on the nominating petition in order to become a candidate for municipal office under
664 this Subsection (2), but that number may not exceed 5% of registered voters.]
665 [(c)] (b) [Any] A resident of a municipality may nominate a candidate for a municipal
666 office by:
667 (i) filing a nomination petition with the city recorder or town clerk during office hours,
668 but not later than the close of normal office hours, between July 1 and July 15 of any
669 odd-numbered year; [and]
670 (ii) paying the filing fee, if one is required by municipal ordinance[.]; and
671 (iii) complying with the provisions of Subsection (5).
672 (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
673 petition, the filing officer shall:
674 (i) read to the prospective candidate or person filing the petition the constitutional and
675 statutory qualification requirements for the office that the candidate is seeking; and
676 (ii) require the candidate or person filing the petition to state whether or not the
677 candidate meets those requirements.
678 (b) If the prospective candidate does not meet the qualification requirements for the

679 office, the filing officer may not accept the declaration of candidacy or nomination petition.
680 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
681 filing officer shall:
682 (i) inform the candidate that the candidate's name will appear on the ballot as it is
683 written on the declaration of candidacy;
684 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
685 for the office the candidate is seeking and inform the candidate that failure to comply will
686 result in disqualification as a candidate and removal of the candidate's name from the ballot;
687 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
688 Electronic Voter Information Website Program and inform the candidate of the submission
689 deadline under Subsection 20A-7-801 (4)(a);
690 (iv) provide the candidate with a copy of the pledge of fair campaign practices
691 described under Section 20A-9-206 and inform the candidate that:
692 (A) signing the pledge is voluntary; and
693 (B) signed pledges shall be filed with the filing officer; and
694 (v) accept the declaration of candidacy or nomination petition.
695 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
696 officer shall:
697 (i) accept the candidate's pledge; and
698 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
699 candidate's pledge to the chair of the county or state political party of which the candidate is a
700 member.
701 (4) The declaration of candidacy shall substantially comply with the following form:
702 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
703 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
704 registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
705 the legal qualifications required of candidates for this office. I will file all campaign financial
706 disclosure reports as required by law and I understand that failure to do so will result in my
707 disqualification as a candidate for this office and removal of my name from the ballot. I
708 request that my name be printed upon the applicable official ballots. (Signed)
709 _______________

710 Subscribed and sworn to (or affirmed) before me by ____ on this
711 __________(month\day\year).
712 (Signed) _______________ (Clerk or other officer qualified to administer oath)"
713 (5) (a) [In all first and second class cities, and in third, fourth, or fifth class cities that
714 have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not
715 passed the ordinance authorized by Subsection (2)(b), any] A registered voter may be
716 nominated for municipal office by submitting a petition signed by:
717 (i) 25 residents of the municipality who are at least 18 years old; or
718 (ii) 20% of the residents of the municipality who are at least 18 years old.
719 (b) (i) The petition shall substantially conform to the following form:
720 "NOMINATION PETITION
721 The undersigned residents of (name of municipality) being 18 years old or older
722 nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
723 applicable)."
724 (ii) The remainder of the petition shall contain lines and columns for the signatures of
725 persons signing the petition and their addresses and telephone numbers.
726 [(6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized
727 by Subsection (2)(b), and in towns that have passed the ordinance authorized by Subsection
728 (2)(b), any registered voter may be nominated for municipal office by submitting a petition
729 signed by the same percentage of registered voters in the municipality as required by the
730 ordinance passed under authority of Subsection (2)(b).]
731 [(b) (i) The petition shall substantially conform to the following form:]
732 ["NOMINATION PETITION]
733 [The undersigned residents of (name of municipality) being 18 years old or older
734 nominate (name of nominee) to the office of (name of office) for the (two or four-year term,
735 whichever is applicable)."]
736 [(ii) The remainder of the petition shall contain lines and columns for the signatures of
737 persons signing the petition and their addresses and telephone numbers.]
738 [(7)] (6) If the declaration of candidacy or nomination petition fails to state whether the
739 nomination is for the two or four-year term, the clerk shall consider the nomination to be for
740 the four-year term.

741 [(8)] (7) (a) The clerk shall verify with the county clerk that all candidates are
742 registered voters.
743 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
744 print the candidate's name on the ballot.
745 [(9)] (8) Immediately after expiration of the period for filing a declaration of
746 candidacy, the clerk shall:
747 (a) cause the names of the candidates as they will appear on the ballot to be published:
748 (i) in at least two successive publications of a newspaper with general circulation in the
749 municipality; and
750 (ii) as required in Section 45-1-101 ; and
751 (b) notify the lieutenant governor of the names of the candidates as they will appear on
752 the ballot.
753 [(10)] (9) A declaration of candidacy or nomination petition filed under this section
754 may not be amended after the expiration of the period for filing a declaration of candidacy.
755 [(11)] (10) (a) A declaration of candidacy or nomination petition filed under this
756 section is valid unless a written objection is filed with the clerk within five days after the last
757 day for filing.
758 (b) If an objection is made, the clerk shall:
759 (i) mail or personally deliver notice of the objection to the affected candidate
760 immediately; and
761 (ii) decide any objection within 48 hours after it is filed.
762 (c) If the clerk sustains the objection, the candidate may correct the problem by
763 amending the declaration or petition within three days after the objection is sustained or by
764 filing a new declaration within three days after the objection is sustained.
765 (d) (i) The clerk's decision upon objections to form is final.
766 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
767 prompt application is made to the district court.
768 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
769 of its discretion, agrees to review the lower court decision.
770 [(12)] (11) Any person who filed a declaration of candidacy and was nominated, and
771 any person who was nominated by a nomination petition, may, any time up to 23 days before

772 the election, withdraw the nomination by filing a written affidavit with the clerk.
773 Section 6. Section 20A-9-402.5 is enacted to read:
774 20A-9-402.5. Direct primary elections -- Exceptions.
775 (1) Except as provided by Subsection (2), an election officer shall hold a direct primary
776 election if:
777 (a) for a partisan election, the number of persons who file a declaration of candidacy
778 declaring affiliation with a political party for an office exceeds the number of positions
779 available for that office; and
780 (b) for a nonpartisan election, the number of persons who file a declaration of
781 candidacy for an office is at least double the number of positions available for that office.
782 (2) A direct primary election is not required for a presidential candidate.
783 Section 7. Section 20A-9-403 is amended to read:
784 20A-9-403. Regular primary elections.
785 (1) [(a)] The fourth Tuesday of June of each even-numbered year is designated as
786 regular primary election day.
787 [(b) Each registered political party that chooses to use the primary election process to
788 nominate some or all of its candidates shall comply with the requirements of this section.]
789 [(2) (a) As a condition for using the state's election system, each registered political
790 party that wishes to participate in the primary election shall:]
791 [(i) declare their intent to participate in the primary election; (ii) identify one or more
792 registered political parties whose members may vote for the registered political party's
793 candidates and]
794 (2) (a) A registered political party shall certify whether or not persons identified as
795 unaffiliated with [a] the political party may vote for the registered political party's candidates[;
796 and (iii) certify that information] to the lieutenant governor no later than 5 p.m. on March 1 of
797 each even-numbered year.
798 [(b) As a condition for using the state's election system, each registered political party
799 that wishes to participate in the primary election shall:]
800 [(i) certify the name and office of all of the registered political party's candidates to the
801 lieutenant governor no later than 5 p.m. on May 13 of each even-numbered year; and]
802 [(ii) certify the name and office of each of its county candidates to the county clerks by

803 5 p.m. on May 13 of each even-numbered year.]
804 [(c)] (b) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor
805 shall send the county clerks a certified list of the names of all statewide or multicounty
806 candidates that must be printed on the primary ballot.
807 [(d) (i) Except as provided in Subsection (2)(d)(ii), if a registered political party does
808 not wish to participate in the primary election, it shall submit the names of its county
809 candidates to the county clerks and the names of all of its candidates to the lieutenant governor
810 by 5 p.m. on May 30 of each even-numbered year.]
811 [(ii)] (c) A registered political party's candidates for President and Vice-President of
812 the United States shall be certified to the lieutenant governor as provided in Subsection
813 20A-9-202 (4).
814 [(e)] (d) [Each] A political party shall certify the names of its presidential and
815 vice-presidential candidates and presidential electors to the lieutenant governor's office no later
816 than September 8 of each presidential election year.
817 (3) The county clerk shall:
818 (a) review the declarations of candidacy filed by candidates for local boards of
819 education to determine if more than two candidates have filed for the same seat;
820 (b) place the names of all candidates who have filed a declaration of candidacy for a
821 local board of education seat on the nonpartisan section of the ballot if more than two
822 candidates have filed for the same seat; and
823 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
824 (4) After the county clerk receives the certified list from a registered political party, the
825 county clerk shall post or publish a primary election notice in substantially the following form:
826 "Notice is given that a primary election will be held Tuesday, June ____,
827 ________(year), to nominate party candidates for the parties and nonpartisan offices listed on
828 the primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7
829 a.m. and continue open until 8 p.m. of the same day. Attest: county clerk".
830 (5) (a) (i) [Candidates receiving] Except as provided by Subsection (5)(b), a candidate
831 that receives the highest number of votes cast for each office at the regular primary election
832 [are] is nominated by [their] the candidate's party or nonpartisan group for that office.
833 (ii) Except as provided by Subsection (5)(b), the two candidates for a nonpartisan

834 office who receive the highest number of votes advance to the regular general election.
835 (b) If two or more candidates are to be elected to the office at the regular general
836 election[,]:
837 (i) those party candidates equal in number to positions to be filled who receive the
838 highest number of votes at the regular primary election are the nominees of their party for those
839 positions[.]; and
840 (ii) the candidates for nonpartisan office double in number to positions to be filled who
841 receive the highest number of votes at the regular primary election advance to the regular
842 general election.
843 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
844 office that represents more than one county, the governor, lieutenant governor, and attorney
845 general shall, at a public meeting called by the governor and in the presence of the candidates
846 involved, select the nominee by lot cast in whatever manner the governor determines.
847 (b) When a tie vote occurs in any primary election for any county office, the district
848 court judges of the district in which the county is located shall, at a public meeting called by
849 the judges and in the presence of the candidates involved, select the nominee by lot cast in
850 whatever manner the judges determine.
851 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
852 primary election provided for by this section, and all expenses necessarily incurred in the
853 preparation for or the conduct of that primary election shall be paid out of the treasury of the
854 county or state, in the same manner as for the regular general elections.
855 Section 8. Section 20A-9-404 is amended to read:
856 20A-9-404. Municipal primary elections.
857 (1) (a) Except as otherwise provided in this section[, candidates] or Section
858 20A-9-402.5 , a candidate for municipal office [in all municipalities] shall be nominated at a
859 municipal primary election.
860 (b) Municipal primary elections shall be held:
861 (i) consistent with Section 20A-1-201.5 , on the second Tuesday following the first
862 Monday in the September before the regular municipal election; and
863 (ii) whenever possible, at the same polling places as the regular municipal election.
864 [(2) If the number of candidates for a particular municipal office does not exceed twice

865 the number of persons needed to fill that office, a primary election for that office may not be
866 held and the candidates are considered nominated.]
867 [(3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
868 of voters or delegates.]
869 [(b) (i) By ordinance adopted before the June 1 that falls before a regular municipal
870 election, any third, fourth, or fifth class city or town may exempt itself from a primary election
871 by providing that the nomination of candidates for municipal office to be voted upon at a
872 municipal election be nominated by a political party convention or committee.]
873 [(ii) Any primary election exemption ordinance adopted under the authority of this
874 subsection remains in effect until repealed by ordinance.]
875 [(c) (i) A convention or committee may not nominate more than one group of
876 candidates or have placed on the ballot more than one group of candidates for the municipal
877 offices to be voted upon at the municipal election.]
878 [(ii) A convention or committee may nominate a person who has been nominated by a
879 different convention or committee.]
880 [(iii) A political party may not have more than one group of candidates placed upon the
881 ballot and may not group the same candidates on different tickets by the same party under a
882 different name or emblem.]
883 [(d) (i) The convention or committee shall prepare a certificate of nomination for each
884 person nominated.]
885 [(ii) The certificate of nomination shall:]
886 [(A) contain the name of the office for which each person is nominated, the name, post
887 office address, and, if in a city, the street number of residence and place of business, if any, of
888 each person nominated;]
889 [(B) designate in not more than five words the political party that the convention or
890 committee represents;]
891 [(C) contain a copy of the resolution passed at the convention that authorized the
892 committee to make the nomination;]
893 [(D) contain a statement certifying that the name of the candidate nominated by the
894 political party will not appear on the ballot as a candidate for any other political party;]
895 [(E) be signed by the presiding officer and secretary of the convention or committee;

896 and]
897 [(F) contain a statement identifying the residence and post office address of the
898 presiding officer and secretary and certifying that the presiding officer and secretary were
899 officers of the convention or committee and that the certificates are true to the best of their
900 knowledge and belief.]
901 [(iii) Certificates of nomination shall be filed with the clerk not later than the sixth
902 Tuesday before the November municipal election.]
903 [(e) A committee appointed at a convention, if authorized by an enabling resolution,
904 may also make nominations or fill vacancies in nominations made at a convention.]
905 [(f)] (c) The election ballot shall substantially comply with the form prescribed in Title
906 20A, Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name
907 shall be included with the candidate's name.
908 [(4)] (2) (a) [Any third, fourth, or fifth class city] A municipality may adopt an
909 ordinance before the June 1 that falls before the regular municipal election that[: (i) exempts
910 the city from the other methods of nominating candidates to municipal office provided in this
911 section; and (ii)] provides for a partisan primary election [method of nominating candidates] as
912 provided in this Subsection [(4)] (2).
913 (b) (i) [Any] A party that was a registered political party at the last regular general
914 election or regular municipal election is a municipal political party under this section.
915 (ii) [Any] A political party may qualify as a municipal political party by presenting a
916 petition to the city recorder that:
917 (A) is signed by registered voters within the municipality equal to at least 20% of the
918 number of votes cast for all candidates for mayor in the last municipal election at which a
919 mayor was elected;
920 (B) is filed with the city recorder by the seventh Tuesday before the date of the
921 municipal primary election;
922 (C) is substantially similar to the form of the signature sheets described in Section
923 20A-7-303 ; and
924 (D) contains the name of the municipal political party using not more than five words.
925 [(c) (i) If the number of candidates for a particular office does not exceed twice the
926 number of offices to be filled at the regular municipal election, no partisan primary election for

927 that office shall be held and the candidates are considered to be nominated.]
928 [(ii) If the number of candidates for a particular office exceeds twice the number of
929 offices to be filled at the regular municipal election, those candidates for municipal office shall
930 be nominated at a partisan primary election.]
931 [(d)] (c) The clerk shall ensure that:
932 (i) the partisan municipal primary ballot is similar to the ballot forms required by
933 Sections 20A-6-401 and 20A-6-401.1 ;
934 (ii) the candidates for each municipal political party are listed in one or more columns
935 under their party name and emblem;
936 (iii) the names of candidates of all parties are printed on the same ballot, but under
937 their party designation;
938 (iv) every ballot is folded and perforated so as to separate the candidates of one party
939 from those of the other parties and so as to enable the [elector] voter to separate the part of the
940 ballot containing the names of the party of [his] the voter's choice from the remainder of the
941 ballot; and
942 (v) the side edges of all ballots are perforated so that the outside sections of the ballots,
943 when detached, are similar in appearance to inside sections when detached.
944 [(e)] (d) After marking a municipal primary ballot, the voter shall:
945 (i) detach the part of the ballot containing the names of the candidates of the party [he]
946 the voter has voted from the rest of the ballot;
947 (ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
948 and
949 (iii) fold the remainder of the ballot containing the names of the candidates of the
950 parties for whom the [elector] voter did not vote and deposit it in the blank ballot box.
951 [(f)] (e) Immediately after the canvass, the election judges shall, without examination,
952 destroy the tickets deposited in the blank ballot box.
953 Section 9. Section 20A-11-101 is amended to read:
954 20A-11-101. Definitions.
955 As used in this chapter:
956 (1) "Address" means the number and street where an individual resides or where a
957 reporting entity has its principal office.

958 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
959 amendments, and any other ballot propositions submitted to the voters that are authorized by
960 the Utah Code Annotated 1953.
961 (3) "Candidate" means any person who:
962 (a) files a declaration of candidacy for a public office; or
963 (b) receives contributions, makes expenditures, or gives consent for any other person to
964 receive contributions or make expenditures to bring about the person's nomination or election
965 to a public office.
966 (4) "Chief election officer" means:
967 (a) the lieutenant governor for state office candidates, legislative office candidates,
968 officeholders, political parties, political action committees, corporations, political issues
969 committees, state school board candidates, judges, and labor organizations, as defined in
970 Section 20A-11-1501 ; and
971 (b) the county clerk for local school board candidates.
972 (5) (a) "Contribution" means any of the following when done for political purposes:
973 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
974 value given to the filing entity;
975 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
976 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
977 anything of value to the filing entity;
978 (iii) any transfer of funds from another reporting entity to the filing entity;
979 (iv) compensation paid by any person or reporting entity other than the filing entity for
980 personal services provided without charge to the filing entity;
981 (v) remuneration from:
982 (A) any organization or its directly affiliated organization that has a registered lobbyist;
983 or
984 (B) any agency or subdivision of the state, including school districts; and
985 (vi) goods or services provided to or for the benefit of the filing entity at less than fair
986 market value.
987 (b) "Contribution" does not include:
988 (i) services provided without compensation by individuals volunteering a portion or all

989 of their time on behalf of the filing entity;
990 (ii) money lent to the filing entity by a financial institution in the ordinary course of
991 business; or
992 (iii) goods or services provided for the benefit of a candidate or political party at less
993 than fair market value that are not authorized by or coordinated with the candidate or political
994 party.
995 (6) "Coordinated with" means that goods or services provided for the benefit of a
996 candidate or political party are provided:
997 (a) with the candidate's or political party's prior knowledge, if the candidate or political
998 party does not object;
999 (b) by agreement with the candidate or political party;
1000 (c) in coordination with the candidate or political party; or
1001 (d) using official logos, slogans, and similar elements belonging to a candidate or
1002 political party.
1003 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1004 organization that is registered as a corporation or is authorized to do business in a state and
1005 makes any expenditure from corporate funds for:
1006 (i) the purpose of expressly advocating for political purposes; or
1007 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1008 proposition.
1009 (b) "Corporation" does not mean:
1010 (i) a business organization's political action committee or political issues committee; or
1011 (ii) a business entity organized as a partnership or a sole proprietorship.
1012 (8) "Detailed listing" means:
1013 (a) for each contribution or public service assistance:
1014 (i) the name and address of the individual or source making the contribution or public
1015 service assistance;
1016 (ii) the amount or value of the contribution or public service assistance; and
1017 (iii) the date the contribution or public service assistance was made; and
1018 (b) for each expenditure:
1019 (i) the amount of the expenditure;

1020 (ii) the person or entity to whom it was disbursed;
1021 (iii) the specific purpose, item, or service acquired by the expenditure; and
1022 (iv) the date the expenditure was made.
1023 (9) "Election" means each:
1024 (a) regular general election;
1025 (b) regular primary election; and
1026 (c) special election at which candidates are eliminated and selected.
1027 (10) "Electioneering communication" means a communication that:
1028 (a) has at least a value of $10,000;
1029 (b) clearly identifies a candidate or judge; and
1030 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1031 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1032 identified candidate's or judge's election date.
1033 (11) (a) "Expenditure" means:
1034 (i) any disbursement from contributions, receipts, or from the separate bank account
1035 required by this chapter;
1036 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1037 or anything of value made for political purposes;
1038 (iii) an express, legally enforceable contract, promise, or agreement to make any
1039 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1040 value for political purposes;
1041 (iv) compensation paid by a filing entity for personal services rendered by a person
1042 without charge to a reporting entity;
1043 (v) a transfer of funds between the filing entity and a candidate's personal campaign
1044 committee; or
1045 (vi) goods or services provided by the filing entity to or for the benefit of another
1046 reporting entity for political purposes at less than fair market value.
1047 (b) "Expenditure" does not include:
1048 (i) services provided without compensation by individuals volunteering a portion or all
1049 of their time on behalf of a reporting entity;
1050 (ii) money lent to a reporting entity by a financial institution in the ordinary course of

1051 business; or
1052 (iii) anything listed in Subsection (11)(a) that is given by a reporting entity to
1053 candidates for office or officeholders in states other than Utah.
1054 (12) "Filing entity" means the reporting entity that is required to file a financial
1055 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1056 (13) "Financial statement" includes any summary report, interim report, verified
1057 financial statement, or other statement disclosing contributions, expenditures, receipts,
1058 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1059 Retention Elections.
1060 (14) "Governing board" means the individual or group of individuals that determine the
1061 candidates and committees that will receive expenditures from a political action committee,
1062 political party, or corporation.
1063 (15) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
1064 Incorporation, by which a geographical area becomes legally recognized as a city or town.
1065 (16) "Incorporation election" means the election authorized by Section 10-2-111 .
1066 (17) "Incorporation petition" means a petition authorized by Section 10-2-109 .
1067 (18) "Individual" means a natural person.
1068 (19) "Interim report" means a report identifying the contributions received and
1069 expenditures made since the last report.
1070 (20) "Legislative office" means the office of state senator, state representative, speaker
1071 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
1072 whip of any party caucus in either house of the Legislature.
1073 (21) "Legislative office candidate" means a person who:
1074 (a) files a declaration of candidacy for the office of state senator or state representative;
1075 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1076 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
1077 assistant whip of any party caucus in either house of the Legislature; or
1078 (c) receives contributions, makes expenditures, or gives consent for any other person to
1079 receive contributions or make expenditures to bring about the person's nomination or election
1080 to a legislative office.
1081 (22) "Officeholder" means a person who holds a public office.

1082 (23) "Party committee" means any committee organized by or authorized by the
1083 governing board of a registered political party.
1084 (24) "Person" means both natural and legal persons, including individuals, business
1085 organizations, personal campaign committees, party committees, political action committees,
1086 political issues committees, and labor organizations, as defined in Section 20A-11-1501 .
1087 (25) "Personal campaign committee" means the committee appointed by a candidate to
1088 act for the candidate as provided in this chapter.
1089 (26) "Personal use expenditure" has the same meaning as provided under Section
1090 20A-11-104 .
1091 (27) (a) "Political action committee" means an entity, or any group of individuals or
1092 entities within or outside this state, a major purpose of which is to:
1093 (i) solicit or receive contributions from any other person, group, or entity for political
1094 purposes; or
1095 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1096 vote for or against any candidate or person seeking election to a municipal or county office.
1097 (b) "Political action committee" includes groups affiliated with a registered political
1098 party but not authorized or organized by the governing board of the registered political party
1099 that receive contributions or makes expenditures for political purposes.
1100 (c) "Political action committee" does not mean:
1101 (i) a party committee;
1102 (ii) any entity that provides goods or services to a candidate or committee in the regular
1103 course of its business at the same price that would be provided to the general public;
1104 (iii) an individual;
1105 (iv) individuals who are related and who make contributions from a joint checking
1106 account;
1107 (v) a corporation, except a corporation a major purpose of which is to act as a political
1108 action committee; or
1109 (vi) a personal campaign committee.
1110 (28) "Political convention" means a county or state political convention held by a
1111 registered political party to select party officers and delegates and to introduce candidates.
1112 (29) (a) "Political issues committee" means an entity, or any group of individuals or

1113 entities within or outside this state, a major purpose of which is to:
1114 (i) solicit or receive donations from any other person, group, or entity to assist in
1115 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1116 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1117 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1118 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1119 proposed ballot proposition or an incorporation in an incorporation election; or
1120 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1121 ballot or to assist in keeping a ballot proposition off the ballot.
1122 (b) "Political issues committee" does not mean:
1123 (i) a registered political party or a party committee;
1124 (ii) any entity that provides goods or services to an individual or committee in the
1125 regular course of its business at the same price that would be provided to the general public;
1126 (iii) an individual;
1127 (iv) individuals who are related and who make contributions from a joint checking
1128 account; or
1129 (v) a corporation, except a corporation a major purpose of which is to act as a political
1130 issues committee.
1131 (30) (a) "Political issues contribution" means any of the following:
1132 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1133 anything of value given to a political issues committee;
1134 (ii) an express, legally enforceable contract, promise, or agreement to make a political
1135 issues donation to influence the approval or defeat of any ballot proposition;
1136 (iii) any transfer of funds received by a political issues committee from a reporting
1137 entity;
1138 (iv) compensation paid by another reporting entity for personal services rendered
1139 without charge to a political issues committee; and
1140 (v) goods or services provided to or for the benefit of a political issues committee at
1141 less than fair market value.
1142 (b) "Political issues contribution" does not include:
1143 (i) services provided without compensation by individuals volunteering a portion or all

1144 of their time on behalf of a political issues committee; or
1145 (ii) money lent to a political issues committee by a financial institution in the ordinary
1146 course of business.
1147 (31) (a) "Political issues expenditure" means any of the following:
1148 (i) any payment from political issues contributions made for the purpose of influencing
1149 the approval or the defeat of:
1150 (A) a ballot proposition; or
1151 (B) an incorporation petition or incorporation election;
1152 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1153 the express purpose of influencing the approval or the defeat of:
1154 (A) a ballot proposition; or
1155 (B) an incorporation petition or incorporation election;
1156 (iii) an express, legally enforceable contract, promise, or agreement to make any
1157 political issues expenditure;
1158 (iv) compensation paid by a reporting entity for personal services rendered by a person
1159 without charge to a political issues committee; or
1160 (v) goods or services provided to or for the benefit of another reporting entity at less
1161 than fair market value.
1162 (b) "Political issues expenditure" does not include:
1163 (i) services provided without compensation by individuals volunteering a portion or all
1164 of their time on behalf of a political issues committee; or
1165 (ii) money lent to a political issues committee by a financial institution in the ordinary
1166 course of business.
1167 (32) "Political purposes" means an act done with the intent or in a way to influence or
1168 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1169 against any candidate or a person seeking a municipal or county office at any caucus, political
1170 convention, or election.
1171 (33) "Primary election" means any regular primary election held under the election
1172 laws.
1173 (34) "Public office" means the office of governor, lieutenant governor, state auditor,
1174 state treasurer, attorney general, state or local school board member, state senator, state

1175 representative, speaker of the House of Representatives, president of the Senate, and the leader,
1176 whip, and assistant whip of any party caucus in either house of the Legislature.
1177 (35) (a) "Public service assistance" means the following when given or provided to an
1178 officeholder to defray the costs of functioning in a public office or aid the officeholder to
1179 communicate with the officeholder's constituents:
1180 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1181 money or anything of value to an officeholder; or
1182 (ii) goods or services provided at less than fair market value to or for the benefit of the
1183 officeholder.
1184 (b) "Public service assistance" does not include:
1185 (i) anything provided by the state;
1186 (ii) services provided without compensation by individuals volunteering a portion or all
1187 of their time on behalf of an officeholder;
1188 (iii) money lent to an officeholder by a financial institution in the ordinary course of
1189 business;
1190 (iv) news coverage or any publication by the news media; or
1191 (v) any article, story, or other coverage as part of any regular publication of any
1192 organization unless substantially all the publication is devoted to information about the
1193 officeholder.
1194 (36) "Publicly identified class of individuals" means a group of 50 or more individuals
1195 sharing a common occupation, interest, or association that contribute to a political action
1196 committee or political issues committee and whose names can be obtained by contacting the
1197 political action committee or political issues committee upon whose financial statement the
1198 individuals are listed.
1199 (37) "Receipts" means contributions and public service assistance.
1200 (38) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
1201 Lobbyist Disclosure and Regulation Act.
1202 (39) "Registered political action committee" means any political action committee that
1203 is required by this chapter to file a statement of organization with the lieutenant governor's
1204 office.
1205 (40) "Registered political issues committee" means any political issues committee that

1206 is required by this chapter to file a statement of organization with the lieutenant governor's
1207 office.
1208 (41) "Registered political party" means an organization of voters that:
1209 (a) participated in the last regular general election and polled a total vote equal to 2%
1210 or more of the total votes cast for all candidates for the United States House of Representatives
1211 for any of its candidates for any office; or
1212 (b) has complied with the petition and organizing procedures of Chapter 8, Political
1213 Party Formation and Procedures.
1214 (42) (a) "Remuneration" means a payment:
1215 (i) made to a legislator for the period the Legislature is in session; and
1216 (ii) that is approximately equivalent to an amount a legislator would have earned
1217 during the period the Legislature is in session in the legislator's ordinary course of business.
1218 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1219 (i) the legislator's primary employer in the ordinary course of business; or
1220 (ii) a person or entity in the ordinary course of business:
1221 (A) because of the legislator's ownership interest in the entity; or
1222 (B) for services rendered by the legislator on behalf of the person or entity.
1223 (43) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1224 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
1225 action committee, a political issues committee, a corporation, or a labor organization, as
1226 defined in Section 20A-11-1501 .
1227 (44) "School board office" means the office of state school board or local school board.
1228 (45) (a) "Source" means the person or entity that is the legal owner of the tangible or
1229 intangible asset that comprises the contribution.
1230 (b) "Source" means, for political action committees and corporations, the political
1231 action committee and the corporation as entities, not the contributors to the political action
1232 committee or the owners or shareholders of the corporation.
1233 (46) "State office" means the offices of governor, lieutenant governor, attorney general,
1234 state auditor, and state treasurer.
1235 (47) "State office candidate" means a person who:
1236 (a) files a declaration of candidacy for a state office; or

1237 (b) receives contributions, makes expenditures, or gives consent for any other person to
1238 receive contributions or make expenditures to bring about the person's nomination or election
1239 to a state office.
1240 (48) "Summary report" means the year end report containing the summary of a
1241 reporting entity's contributions and expenditures.
1242 (49) "Supervisory board" means the individual or group of individuals that allocate
1243 expenditures from a political issues committee.
1244 Section 10. Section 20A-11-205 is amended to read:
1245 20A-11-205. State office candidate -- Financial reporting requirements --
1246 Termination of duty to report.
1247 (1) Each state office candidate and the candidate's personal campaign committee is
1248 active and subject to interim reporting requirements until the candidate withdraws or is
1249 eliminated in a [convention or] primary election.
1250 (2) Each state office candidate and the candidate's personal campaign committee is
1251 active and subject to year-end summary reporting requirements until the candidate has filed a
1252 statement of dissolution with the lieutenant governor stating that:
1253 (a) the state office candidate or the personal campaign committee is no longer receiving
1254 contributions and is no longer making expenditures;
1255 (b) the ending balance on the last summary report filed is zero and the balance in the
1256 separate bank account required in Section 20A-11-201 is zero; and
1257 (c) a final summary report in the form required by Section 20A-11-203 showing a zero
1258 balance is attached to the statement of dissolution.
1259 (3) A statement of dissolution and a final summary report may be filed at any time.
1260 (4) Each state office candidate and the candidate's personal campaign committee shall
1261 continue to file the year-end summary report required by Section 20A-11-203 until the
1262 statement of dissolution and final summary report required by this section are filed with the
1263 lieutenant governor.
1264 Section 11. Section 20A-11-304 is amended to read:
1265 20A-11-304. Legislative office candidate -- Financial reporting requirements --
1266 Termination of duty to report.
1267 (1) Each legislative candidate is subject to interim reporting requirements until the

1268 candidate withdraws or is eliminated in a [convention or] primary election.
1269 (2) Each legislative office candidate is subject to year-end summary reporting
1270 requirements until the candidate has filed a statement of dissolution with the lieutenant
1271 governor stating that:
1272 (a) the legislative office candidate is no longer receiving contributions and is no longer
1273 making expenditures;
1274 (b) the ending balance on the last summary report filed is zero and the balance in the
1275 separate bank account required in Section 20A-11-301 is zero; and
1276 (c) a final summary report in the form required by Section 20A-11-302 showing a zero
1277 balance is attached to the statement of dissolution.
1278 (3) A statement of dissolution and a final summary report may be filed at any time.
1279 (4) Each legislative office candidate shall continue to file the year-end summary report
1280 required by Section 20A-11-302 until the statement of dissolution and final summary report
1281 required by this section are filed with the lieutenant governor.




Legislative Review Note
as of 2-22-11 5:26 PM

Office of Legislative Research and General Counsel