S.B. 14 Enrolled

1

LOCAL ELECTION AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Douglas Sagers
6
7 LONG TITLE
8 General Description:
9 This bill amends local election provisions and midterm vacancy provisions for
10 municipalities, local districts, and special service districts.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . amends local district elections provisions;
15 . amends midterm vacancy provisions for a special service district;
16 . in certain circumstances, authorizes a municipal legislative body or a local district
17 board to cancel a local election if a candidate is unopposed;
18 . requires a municipal legislative body or a local district board to give notice of a
19 cancelled local election;
20 . amends midterm vacancy provisions for a local district board;
21 . amends write-in candidate provisions for towns; and
22 . makes technical corrections.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 10-3-1303, as last amended by Laws of Utah 2010, Chapter 279

30 17B-1-306, as last amended by Laws of Utah 2010, Chapter 197
31 17B-1-1001, as last amended by Laws of Utah 2010, Chapter 159
32 17D-1-106, as last amended by Laws of Utah 2009, Chapters 181 and 356
33 20A-1-102, as last amended by Laws of Utah 2010, Chapters 129, 197, and 254
34 20A-1-202, as last amended by Laws of Utah 2007, Chapter 329
35 20A-1-512, as last amended by Laws of Utah 2007, Chapter 329
36 20A-9-601, as last amended by Laws of Utah 2009, Chapter 202
37 ENACTS:
38 20A-1-206, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 10-3-1303 is amended to read:
42 10-3-1303. Definitions.
43 As used in this part:
44 (1) "Appointed officer" means any person appointed to any statutory office or position
45 or any other person appointed to any position of employment with a city or with a community
46 development and renewal agency under Title 17C, Limited Purpose Local Government Entities
47 - Community Development and Renewal Agencies Act. Appointed officers include, but are
48 not limited to, persons serving on special, regular, or full-time committees, agencies, or boards
49 whether or not such persons are compensated for their services. The use of the word "officer"
50 in this part is not intended to make appointed persons or employees "officers" of the
51 municipality.
52 (2) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
53 aid, advise, furnish information to, or otherwise provide assistance to a person or business
54 entity, believing that such action is of help, aid, advice, or assistance to such person or business
55 entity and with the intent to assist such person or business entity.
56 (3) "Business entity" means a sole proprietorship, partnership, association, joint
57 venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on

58 a business.
59 (4) "Compensation" means anything of economic value, however designated, which is
60 paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone
61 other than the governmental employer for or in consideration of personal services, materials,
62 property, or any other thing whatsoever.
63 (5) "Elected officer" means [any] a person:
64 (a) elected or appointed to the office of mayor, commissioner, or council member[.]; or
65 (b) who is considered to be elected to the office of mayor, commissioner, or council
66 member by a municipal legislative body in accordance with Section 20A-1-206 .
67 (6) "Improper disclosure" means disclosure of private, controlled, or protected
68 information to any person who does not have both the right and the need to receive the
69 information.
70 (7) "Municipal employee" means a person who is not an elected or appointed officer
71 who is employed on a full or part-time basis by a municipality or by a community development
72 and renewal agency under Title 17C, Limited Purpose Local Government Entities - Community
73 Development and Renewal Agencies Act.
74 (8) "Private, controlled, or protected information" means information classified as
75 private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
76 Management Act or other applicable provision of law.
77 (9) "Substantial interest" means the ownership, either legally or equitably, by an
78 individual, the individual's spouse, or the individual's minor children, of at least 10% of the
79 outstanding shares of a corporation or 10% interest in any other business entity.
80 Section 2. Section 17B-1-306 is amended to read:
81 17B-1-306. Local district board -- Election procedures.
82 (1) Except as provided in Subsection (11), each elected board member shall be selected
83 as provided in this section.
84 (2) (a) Each election of a local district board member shall be held:
85 (i) at the same time as the municipal general election; and

86 (ii) at polling places designated by the county clerk in consultation with the local
87 district for each county in which the local district is located, which polling places shall coincide
88 with municipal general election polling places whenever feasible.
89 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
90 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
91 polling place per division of the district, designated by the district board.
92 (ii) Each polling place designated by an irrigation district board under Subsection
93 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
94 (2)(a)(ii).
95 (3) (a) The clerk of each local district with a board member position to be filled at the
96 next municipal general election shall provide notice of:
97 (i) each elective position of the local district to be filled at the next municipal general
98 election;
99 (ii) the constitutional and statutory qualifications for each position; and
100 (iii) the dates and times for filing a declaration of candidacy.
101 (b) The notice required under Subsection (3)(a) shall be:
102 (i) posted in at least five public places within the local district at least 10 days before
103 the first day for filing a declaration of candidacy; or
104 (ii) (A) published in a newspaper of general circulation within the local district at least
105 three but no more than 10 days before the first day for filing a declaration of candidacy; and
106 (B) published, in accordance with Section 45-1-101 , for 10 days before the first day for
107 filing a declaration of candidacy.
108 (4) (a) To become a candidate for an elective local district board position, the
109 prospective candidate shall file a declaration of candidacy in person with the local district,
110 during office hours and not later than the close of normal office hours between July 1 and July
111 15 of any odd-numbered year.
112 (b) When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended
113 until the close of normal office hours on the following regular business day.

114 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
115 officer shall:
116 (A) read to the prospective candidate the constitutional and statutory qualification
117 requirements for the office that the candidate is seeking; and
118 (B) require the candidate to state whether or not the candidate meets those
119 requirements.
120 (ii) If the prospective candidate does not meet the qualification requirements for the
121 office, the filing officer may not accept the declaration of candidacy.
122 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
123 the filing officer shall accept the declaration of candidacy.
124 (d) The declaration of candidacy shall substantially comply with the following form:
125 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
126 ____________, City of ________________, County of ________________, State of Utah,
127 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
128 for the office of board of trustees member for _______________________ (state the name of
129 the local district); that I am a candidate for that office to be voted upon at the next election, and
130 I hereby request that my name be printed upon the official ballot for that election.
131 (Signed) _________________________________________
132 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
133 of ____________, ____.
134 (Signed) ________________________
135 (Clerk or Notary Public)"
136 (e) Each person wishing to become a valid write-in candidate for an elective local
137 district board position is governed by Section 20A-9-601 .
138 (f) If at least one person does not file a declaration of candidacy as required by this
139 section, a person shall be appointed to fill that board position by following the procedures and
140 requirements for appointment established in Section 20A-1-512 .
141 (g) If only one candidate files a declaration of candidacy and there is no write-in

142 candidate who complies with Section 20A-9-601 , the board [need not hold an election for that
143 position and may appoint the candidate to the board.], in accordance with Section 20A-1-206 ,
144 may:
145 (i) consider the candidate to be elected to the position; and
146 (ii) cancel the election.
147 (5) (a) A primary election may be held if:
148 (i) the election is authorized by the local district board; and
149 (ii) the number of candidates for a particular local board position or office exceeds
150 twice the number of persons needed to fill that position or office.
151 (b) The primary election shall be conducted:
152 (i) on the same date as the municipal primary election, as provided for in Section
153 20A-1-201.5 ; and
154 (ii) according to the procedures for municipal primary elections provided under Title
155 20A, Election Code.
156 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
157 candidate names to the clerk of each county in which the local district is located no later than
158 August 20 of the municipal election year.
159 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
160 local district is located shall coordinate the placement of the name of each candidate for local
161 district office in the nonpartisan section of the municipal general election ballot with the
162 municipal election clerk.
163 (ii) If consolidation of the local district election ballot with the municipal general
164 election ballot is not feasible, the county clerk shall provide for a separate local district election
165 ballot to be administered by poll workers at polling locations designated under Subsection (2).
166 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
167 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
168 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
169 prescribe the form of the ballot for each board member election.

170 (B) Each ballot for an election of an irrigation district board member shall be in a
171 nonpartisan format.
172 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
173 (i) be a registered voter within the district, except for an election of:
174 (A) an irrigation district board of trustees member; or
175 (B) a basic local district board of trustees member who is elected by property owners;
176 and
177 (ii) meet the requirements to vote established by the district.
178 (b) Each voter may vote for as many candidates as there are offices to be filled.
179 (c) The candidates who receive the highest number of votes are elected.
180 (8) Except as otherwise provided by this section, the election of local district board
181 members is governed by Title 20A, Election Code.
182 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
183 beginning at noon on the January 1 after the person's election.
184 (b) A person elected shall be sworn in as soon as practical after January 1.
185 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
186 the county or municipality holding an election under this section for the costs of the election
187 attributable to that local district.
188 (b) Each irrigation district shall bear its own costs of each election it holds under this
189 section.
190 (11) This section does not apply to an improvement district that provides electric or gas
191 service.
192 (12) The provisions of Title 20A, Chapter 3, Part 6, Early Voting, do not apply to an
193 election under this section.
194 Section 3. Section 17B-1-1001 is amended to read:
195 17B-1-1001. Provisions applicable to property tax levy.
196 (1) Each local district that levies and collects property taxes shall levy and collect them
197 according to the provisions of Title 59, Chapter 2, Property Tax Act.

198 (2) As used in this section, "elected official" means a local district board of trustees
199 member who:
200 (a) is elected to the board of trustees by local district voters at an election held for that
201 purpose, including a member elected under Subsection (4);
202 (b) holds, at the time of appointment to the board of trustees, an elected position with a
203 municipality, county, or another local district that is partially or completely included within the
204 boundaries of the local district; [or]
205 (c) is appointed in accordance with Subsection 17B-1-303 (5) or 17B-1-306 (4)(f) [or
206 (g).]; or
207 (d) is considered to be elected in accordance with Subsection 17B-1-306 (4)(g).
208 (3) (a) Except as provided in Subsection (3)(b), a local district may not levy or collect
209 property tax revenue that exceeds the certified tax rate during a taxable year that begins on or
210 after January 1, 2011.
211 (b) Notwithstanding Subsection (3)(a), a local district may levy or collect property tax
212 revenue that exceeds the certified tax rate during a taxable year that begins on or after January
213 1, 2011, if:
214 (i) and to the extent that the revenue from the property tax was pledged before January
215 1, 2011, to pay for bonds or other obligations of the local district;
216 (ii) the members of the board of trustees are all elected officials;
217 (iii) the majority of the board of trustees are elected officials; or
218 (iv) the proposed tax or increase in the property tax rate has been approved by:
219 (A) a majority of the registered voters within the local district at an election held for
220 that purpose;
221 (B) the legislative body of the appointing authority; or
222 (C) the legislative body of:
223 (I) a majority of the municipalities partially or completely included within the
224 boundary of the specified local district; or
225 (II) the county in which the specified local district is located, if the county has some or

226 all of its unincorporated area included within the boundary of the specified local district.
227 (4) (a) Notwithstanding provisions to the contrary in Title 17B, Chapter 2a, Provisions
228 Applicable to Different Types of Local Districts, and for purposes of Subsection (3)(b),
229 members of the board of trustees of a local district shall be elected, if, subject to Subsection
230 (4)(b):
231 (i) two-thirds of all members of the board of trustees of the local district vote in favor
232 of changing to an elected board; and
233 (ii) the legislative body of each municipality or county that appoints a member to the
234 board of trustees adopts a resolution approving the change to an elected board.
235 (b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
236 the term of any member of the board of trustees serving at the time of the change.
237 (5) Subsections (2), (3), and (4) do not apply to:
238 (a) Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
239 (b) Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; or
240 (c) a local district in which:
241 (i) the board of trustees consists solely of:
242 (A) land owners or the land owners' agents; or
243 (B) as described in Subsection 17B-1-302 (1)(c), land owners or the land owners' agents
244 or officers; and
245 (ii) there are no residents within the local district at the time a property tax is levied.
246 Section 4. Section 17D-1-106 is amended to read:
247 17D-1-106. Special service districts subject to other provisions.
248 (1) A special service district is, to the same extent as if it were a local district, subject
249 to and governed by:
250 (a) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , 17B-1-109 , 17B-1-110 , 17B-1-111 ,
251 17B-1-112 , 17B-1-113 , 17B-1-116 , and 17B-1-118 ;
252 (b) Sections 17B-1-304 , 17B-1-305 , 17B-1-306 , 17B-1-307 , 17B-1-310 , 17B-1-312 ,
253 and 17B-1-313 ;

254 (c) Section 20A-1-512 ;
255 [(c)] (d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
256 [(d)] (e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
257 [(e)] (f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
258 [(f)] (g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
259 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
260 district, each reference in those provisions to the local district board of trustees means the
261 governing body.
262 Section 5. Section 20A-1-102 is amended to read:
263 20A-1-102. Definitions.
264 As used in this title:
265 (1) "Active voter" means a registered voter who has not been classified as an inactive
266 voter by the county clerk.
267 (2) "Automatic tabulating equipment" means apparatus that automatically examines
268 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
269 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
270 upon which a voter records the voter's votes.
271 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
272 envelopes.
273 (4) "Ballot sheet":
274 (a) means a ballot that:
275 (i) consists of paper or a card where the voter's votes are marked or recorded; and
276 (ii) can be counted using automatic tabulating equipment; and
277 (b) includes punch card ballots and other ballots that are machine-countable.
278 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
279 (a) contain the names of offices and candidates and statements of ballot propositions to
280 be voted on; and
281 (b) are used in conjunction with ballot sheets that do not display that information.

282 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
283 on the ballot for their approval or rejection including:
284 (a) an opinion question specifically authorized by the Legislature;
285 (b) a constitutional amendment;
286 (c) an initiative;
287 (d) a referendum;
288 (e) a bond proposition;
289 (f) a judicial retention question; or
290 (g) any other ballot question specifically authorized by the Legislature.
291 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
292 20A-4-306 to canvass election returns.
293 (8) "Bond election" means an election held for the purpose of approving or rejecting
294 the proposed issuance of bonds by a government entity.
295 (9) "Book voter registration form" means voter registration forms contained in a bound
296 book that are used by election officers and registration agents to register persons to vote.
297 (10) "By-mail voter registration form" means a voter registration form designed to be
298 completed by the voter and mailed to the election officer.
299 (11) "Canvass" means the review of election returns and the official declaration of
300 election results by the board of canvassers.
301 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
302 the canvass.
303 (13) "Convention" means the political party convention at which party officers and
304 delegates are selected.
305 (14) "Counting center" means one or more locations selected by the election officer in
306 charge of the election for the automatic counting of ballots.
307 (15) "Counting judge" means a poll worker designated to count the ballots during
308 election day.
309 (16) "Counting poll watcher" means a person selected as provided in Section

310 20A-3-201 to witness the counting of ballots.
311 (17) "Counting room" means a suitable and convenient private place or room,
312 immediately adjoining the place where the election is being held, for use by the poll workers
313 and counting judges to count ballots during election day.
314 (18) "County officers" means those county officers that are required by law to be
315 elected.
316 (19) "Date of the election" or "election day" or "day of the election":
317 (a) means the day that is specified in the calendar year as the day that the election
318 occurs; and
319 (b) does not include:
320 (i) deadlines established for absentee voting; or
321 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
322 Voting.
323 (20) "Elected official" means:
324 (a) a person elected to an office under Section 20A-1-303 ;
325 (b) a person who is considered to be elected to a municipal office in accordance with
326 Subsection 20A-1-206 (1)(c)(ii); or
327 (c) a person who is considered to be elected to a local district office in accordance with
328 Subsection 20A-1-206 (3)(c)(ii).
329 [(20)] (21) "Election" means a regular general election, a municipal general election, a
330 statewide special election, a local special election, a regular primary election, a municipal
331 primary election, and a local district election.
332 [(21)] (22) "Election Assistance Commission" means the commission established by
333 Public Law 107-252, the Help America Vote Act of 2002.
334 [(22)] (23) "Election cycle" means the period beginning on the first day persons are
335 eligible to file declarations of candidacy and ending when the canvass is completed.
336 [(23)] (24) "Election judge" means a poll worker that is assigned to:
337 (a) preside over other poll workers at a polling place;

338 (b) act as the presiding election judge; or
339 (c) serve as a canvassing judge, counting judge, or receiving judge.
340 [(24)] (25) "Election officer" means:
341 (a) the lieutenant governor, for all statewide ballots;
342 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
343 as provided in Section 20A-5-400.5 ;
344 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
345 provided in Section 20A-5-400.5 ;
346 (d) the local district clerk or chief executive officer for certain ballots and elections as
347 provided in Section 20A-5-400.5 ; and
348 (e) the business administrator or superintendent of a school district for certain ballots
349 or elections as provided in Section 20A-5-400.5 .
350 [(25)] (26) "Election official" means any election officer, election judge, or poll
351 worker.
352 [(26)] (27) "Election results" means, for bond elections, the count of those votes cast
353 for and against the bond proposition plus any or all of the election returns that the board of
354 canvassers may request.
355 [(27)] (28) "Election returns" includes the pollbook, all affidavits of registration, the
356 military and overseas absentee voter registration and voting certificates, one of the tally sheets,
357 any unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
358 spoiled ballots, the ballot disposition form, and the total votes cast form.
359 [(28)] (29) "Electronic ballot" means a ballot that is recorded using a direct electronic
360 voting device or other voting device that records and stores ballot information by electronic
361 means.
362 [(29)] (30) (a) "Electronic voting device" means a voting device that uses electronic
363 ballots.
364 (b) "Electronic voting device" includes a direct recording electronic voting device.
365 [(30)] (31) "Inactive voter" means a registered voter who has:

366 (a) been sent the notice required by Section 20A-2-306 ; and
367 (b) failed to respond to that notice.
368 [(31)] (32) "Inspecting poll watcher" means a person selected as provided in this title to
369 witness the receipt and safe deposit of voted and counted ballots.
370 [(32)] (33) "Judicial office" means the office filled by any judicial officer.
371 [(33)] (34) "Judicial officer" means any justice or judge of a court of record or any
372 county court judge.
373 [(34)] (35) "Local district" means a local government entity under Title 17B, Limited
374 Purpose Local Government Entities - Local Districts, and includes a special service district
375 under Title 17D, Chapter 1, Special Service District Act.
376 [(35)] (36) "Local district officers" means those local district officers that are required
377 by law to be elected.
378 [(36)] (37) "Local election" means a regular municipal election, a local special
379 election, a local district election, and a bond election.
380 [(37)] (38) "Local political subdivision" means a county, a municipality, a local
381 district, or a local school district.
382 [(38)] (39) "Local special election" means a special election called by the governing
383 body of a local political subdivision in which all registered voters of the local political
384 subdivision may vote.
385 [(39)] (40) "Municipal executive" means:
386 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
387 or
388 (b) the mayor in the council-manager form of government defined in Subsection
389 10-3b-103 (6).
390 [(40)] (41) "Municipal general election" means the election held in municipalities and
391 local districts on the first Tuesday after the first Monday in November of each odd-numbered
392 year for the purposes established in Section 20A-1-202 .
393 [(41)] (42) "Municipal legislative body" means the council of the city or town in any

394 form of municipal government.
395 (43) "Municipal office" means an elective office in a municipality.
396 [(42)] (44) "Municipal officers" means those municipal officers that are required by
397 law to be elected.
398 [(43)] (45) "Municipal primary election" means an election held to nominate
399 candidates for municipal office.
400 [(44)] (46) "Official ballot" means the ballots distributed by the election officer to the
401 poll workers to be given to voters to record their votes.
402 [(45)] (47) "Official endorsement" means:
403 (a) the information on the ballot that identifies:
404 (i) the ballot as an official ballot;
405 (ii) the date of the election; and
406 (iii) the facsimile signature of the election officer; and
407 (b) the information on the ballot stub that identifies:
408 (i) the poll worker's initials; and
409 (ii) the ballot number.
410 [(46)] (48) "Official register" means the official record furnished to election officials
411 by the election officer that contains the information required by Section 20A-5-401 .
412 [(47)] (49) "Paper ballot" means a paper that contains:
413 (a) the names of offices and candidates and statements of ballot propositions to be
414 voted on; and
415 (b) spaces for the voter to record the voter's vote for each office and for or against each
416 ballot proposition.
417 [(48)] (50) "Political party" means an organization of registered voters that has
418 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
419 Formation and Procedures.
420 [(49)] (51) (a) "Poll worker" means a person assigned by an election official to assist
421 with an election, voting, or counting votes.

422 (b) "Poll worker" includes election judges.
423 (c) "Poll worker" does not include a watcher.
424 [(50)] (52) "Pollbook" means a record of the names of voters in the order that they
425 appear to cast votes.
426 [(51)] (53) "Polling place" means the building where voting is conducted.
427 [(52)] (54) "Position" means a square, circle, rectangle, or other geometric shape on a
428 ballot in which the voter marks the voter's choice.
429 [(53)] (55) "Provisional ballot" means a ballot voted provisionally by a person:
430 (a) whose name is not listed on the official register at the polling place;
431 (b) whose legal right to vote is challenged as provided in this title; or
432 (c) whose identity was not sufficiently established by a poll worker.
433 [(54)] (56) "Provisional ballot envelope" means an envelope printed in the form
434 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
435 information to verify a person's legal right to vote.
436 [(55)] (57) "Primary convention" means the political party conventions at which
437 nominees for the regular primary election are selected.
438 [(56)] (58) "Protective counter" means a separate counter, which cannot be reset, that:
439 (a) is built into a voting machine; and
440 (b) records the total number of movements of the operating lever.
441 [(57)] (59) "Qualify" or "qualified" means to take the oath of office and begin
442 performing the duties of the position for which the person was elected.
443 [(58)] (60) "Receiving judge" means the poll worker that checks the voter's name in the
444 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
445 after the voter has voted.
446 [(59)] (61) "Registration form" means a book voter registration form and a by-mail
447 voter registration form.
448 [(60)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
449 [(61)] (63) "Regular general election" means the election held throughout the state on

450 the first Tuesday after the first Monday in November of each even-numbered year for the
451 purposes established in Section 20A-1-201 .
452 [(62)] (64) "Regular primary election" means the election on the fourth Tuesday of
453 June of each even-numbered year, to nominate candidates of political parties and nonpolitical
454 groups to advance to the regular general election.
455 [(63)] (65) "Resident" means a person who resides within a specific voting precinct in
456 Utah.
457 [(64)] (66) "Sample ballot" means a mock ballot similar in form to the official ballot
458 printed and distributed as provided in Section 20A-5-405 .
459 [(65)] (67) "Scratch vote" means to mark or punch the straight party ticket and then
460 mark or punch the ballot for one or more candidates who are members of different political
461 parties.
462 [(66)] (68) "Secrecy envelope" means the envelope given to a voter along with the
463 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
464 secrecy of the voter's vote.
465 [(67)] (69) "Special election" means an election held as authorized by Section
466 20A-1-204 .
467 [(68)] (70) "Spoiled ballot" means each ballot that:
468 (a) is spoiled by the voter;
469 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
470 (c) lacks the official endorsement.
471 [(69)] (71) "Statewide special election" means a special election called by the governor
472 or the Legislature in which all registered voters in Utah may vote.
473 [(70)] (72) "Stub" means the detachable part of each ballot.
474 [(71)] (73) "Substitute ballots" means replacement ballots provided by an election
475 officer to the poll workers when the official ballots are lost or stolen.
476 [(72)] (74) "Ticket" means each list of candidates for each political party or for each
477 group of petitioners.

478 [(73)] (75) "Transfer case" means the sealed box used to transport voted ballots to the
479 counting center.
480 [(74)] (76) "Vacancy" means the absence of a person to serve in any position created
481 by statute, whether that absence occurs because of death, disability, disqualification,
482 resignation, or other cause.
483 [(75)] (77) "Valid voter identification" means:
484 (a) a form of identification that bears the name and photograph of the voter which may
485 include:
486 (i) a currently valid Utah driver license;
487 (ii) a currently valid identification card that is issued by:
488 (A) the state; or
489 (B) a branch, department, or agency of the United States;
490 (iii) a currently valid Utah permit to carry a concealed weapon;
491 (iv) a currently valid United States passport; or
492 (v) a currently valid United States military identification card;
493 (b) one of the following identification cards, whether or not the card includes a
494 photograph of the voter:
495 (i) a valid tribal identification card;
496 (ii) a Bureau of Indian Affairs card; or
497 (iii) a tribal treaty card; or
498 (c) two forms of identification not listed under Subsection [(75)] (77)(a) or (b) but that
499 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
500 which may include:
501 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
502 election;
503 (ii) a bank or other financial account statement, or a legible copy thereof;
504 (iii) a certified birth certificate;
505 (iv) a valid Social Security card;

506 (v) a check issued by the state or the federal government or a legible copy thereof;
507 (vi) a paycheck from the voter's employer, or a legible copy thereof;
508 (vii) a currently valid Utah hunting or fishing license;
509 (viii) certified naturalization documentation;
510 (ix) a currently valid license issued by an authorized agency of the United States;
511 (x) a certified copy of court records showing the voter's adoption or name change;
512 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
513 (xii) a currently valid identification card issued by:
514 (A) a local government within the state;
515 (B) an employer for an employee; or
516 (C) a college, university, technical school, or professional school located within the
517 state; or
518 (xiii) a current Utah vehicle registration.
519 [(76)] (78) "Valid write-in candidate" means a candidate who has qualified as a
520 write-in candidate by following the procedures and requirements of this title.
521 [(77)] (79) "Voter" means a person who:
522 (a) meets the requirements for voting in an election;
523 (b) meets the requirements of election registration;
524 (c) is registered to vote; and
525 (d) is listed in the official register book.
526 [(78)] (80) "Voter registration deadline" means the registration deadline provided in
527 Section 20A-2-102.5 .
528 [(79)] (81) "Voting area" means the area within six feet of the voting booths, voting
529 machines, and ballot box.
530 [(80)] (82) "Voting booth" means:
531 (a) the space or compartment within a polling place that is provided for the preparation
532 of ballots, including the voting machine enclosure or curtain; or
533 (b) a voting device that is free standing.

534 [(81)] (83) "Voting device" means:
535 (a) an apparatus in which ballot sheets are used in connection with a punch device for
536 piercing the ballots by the voter;
537 (b) a device for marking the ballots with ink or another substance;
538 (c) an electronic voting device or other device used to make selections and cast a ballot
539 electronically, or any component thereof;
540 (d) an automated voting system under Section 20A-5-302 ; or
541 (e) any other method for recording votes on ballots so that the ballot may be tabulated
542 by means of automatic tabulating equipment.
543 [(82)] (84) "Voting machine" means a machine designed for the sole purpose of
544 recording and tabulating votes cast by voters at an election.
545 [(83)] (85) "Voting poll watcher" means a person appointed as provided in this title to
546 witness the distribution of ballots and the voting process.
547 [(84)] (86) "Voting precinct" means the smallest voting unit established as provided by
548 law within which qualified voters vote at one polling place.
549 [(85)] (87) "Watcher" means a voting poll watcher, a counting poll watcher, an
550 inspecting poll watcher, and a testing watcher.
551 [(86)] (88) "Western States Presidential Primary" means the election established in
552 Title 20A, Chapter 9, Part 8.
553 [(87)] (89) "Write-in ballot" means a ballot containing any write-in votes.
554 [(88)] (90) "Write-in vote" means a vote cast for a person whose name is not printed on
555 the ballot according to the procedures established in this title.
556 Section 6. Section 20A-1-202 is amended to read:
557 20A-1-202. Date and purpose of municipal general election.
558 (1) [A] Except as provided in Section 20A-1-206 , a municipal general election shall be
559 held in municipalities and local districts on the first Tuesday after the first Monday in
560 November of each odd-numbered year.
561 (2) At the municipal general election, the voters shall:

562 (a) (i) choose persons to serve as municipal officers; and
563 (ii) choose persons to serve as local district officers; and
564 (b) approve or reject:
565 (i) any proposed initiatives or referenda that have qualified for the ballot as provided
566 by law; and
567 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
568 Code.
569 Section 7. Section 20A-1-206 is enacted to read:
570 20A-1-206. Cancellation of local election -- Municipalities -- Local districts --
571 Notice.
572 (1) A municipal legislative body may cancel a local election if:
573 (a) (i) (A) all municipal officers are elected in an at-large election under Subsection
574 10-3-205.5 (1); and
575 (B) the number of municipal officer candidates, including any eligible write-in
576 candidates under Section 20A-9-601 , for the at-large municipal offices does not exceed the
577 number of open at-large municipal offices for which the candidates have filed; or
578 (ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5 (2);
579 (B) the number of municipal officer candidates, including any eligible write-in
580 candidates under Section 20A-9-601 , for the at-large municipal offices, if any, does not exceed
581 the number of open at-large municipal offices for which the candidates have filed; and
582 (C) each municipal officer candidate, including any eligible write-in candidates under
583 Section 20A-9-601 , in each district is unopposed;
584 (b) there are no other municipal ballot propositions; and
585 (c) the municipal legislative body passes, no later than 20 days before the day of the
586 scheduled election, a resolution that cancels the election and certifies that:
587 (i) each municipal officer candidate is:
588 (A) unopposed; or
589 (B) a candidate for an at-large municipal office for which the number of candidates

590 does not exceed the number of open at-large municipal offices; and
591 (ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
592 (2) A municipal legislative body that cancels a local election in accordance with
593 Subsection (1) shall give notice that the election is cancelled by posting notice:
594 (a) subject to Subsection (5), on the Statewide Electronic Voter Information Website as
595 described in Section 20A-7-801 for 15 consecutive days before the day of the scheduled
596 election;
597 (b) if the municipality has a public website, on the municipality's public website for 15
598 days before the day of the scheduled election;
599 (c) if the municipality publishes a newsletter or other periodical, in the next scheduled
600 newsletter or other periodical published before the day of the scheduled election; and
601 (d) (i) at least twice in a newspaper of general circulation within the municipality
602 before the day of the scheduled election; or
603 (ii) if there is no newspaper of general circulation within the municipality, in at least
604 three conspicuous places within the boundaries of the municipality at least 10 days before the
605 day of the scheduled election.
606 (3) A local district board may cancel an election as described in Section 17B-1-306 if:
607 (a) (i) (A) any local district officers are elected in an at-large election; and
608 (B) the number of local district officer candidates for the at-large local district offices,
609 including any eligible write-in candidates under Section 20A-9-601 , does not exceed the
610 number of open at-large local district offices for which the candidates have filed; or
611 (ii) (A) the local district has divided the local district into divisions under Section
612 17B-1-306.5 ;
613 (B) the number of local district officer candidates, including any eligible write-in
614 candidates under Section 20A-9-601 , for the at-large local district offices within the local
615 district, if any, does not exceed the number of open at-large local district offices for which the
616 candidates have filed; and
617 (C) each local district officer candidate, including any eligible write-in candidates

618 under Section 20A-9-601 , in each division of the local district is unopposed;
619 (b) there are no other local district ballot propositions; and
620 (c) the local district board of trustees, no later than 20 days before the day of the
621 scheduled election, adopts a resolution that cancels the election and certifies that:
622 (i) each local district officer candidate is:
623 (A) unopposed; or
624 (B) a candidate for an at-large local district office for which the number of candidates
625 does not exceed the number of open at-large local district offices; and
626 (ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
627 (4) A local district that cancels a local election in accordance with Subsection (3) shall
628 give notice that the election is cancelled by posting notice:
629 (a) subject to Subsection (5), on the Statewide Electronic Voter Information Website as
630 described in Section 20A-7-801 for 15 consecutive days before the day of the scheduled
631 election;
632 (b) if the local district has a public website, on the local district's public website for 15
633 days before the day of the scheduled election;
634 (c) if the local district publishes a newsletter or other periodical, in the next scheduled
635 newsletter or other periodical published before the day of the scheduled election; and
636 (d) (i) at least twice in a newspaper of general circulation within the local district
637 before the day of the scheduled election; or
638 (ii) if there is no newspaper of general circulation within the local district, in at least
639 three conspicuous places within the boundaries of the local district at least 10 days before the
640 day of the scheduled election.
641 (5) A municipal legislative body that posts a notice in accordance with Subsection
642 (2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for
643 a notice that fails to post due to technical or other error by the publisher of the Statewide
644 Electronic Voter Information Website.
645 Section 8. Section 20A-1-512 is amended to read:

646 20A-1-512. Midterm vacancies on local district boards.
647 (1) (a) Whenever a vacancy occurs on any local district board for any reason, a
648 replacement to serve out the unexpired term shall be appointed as provided in this section by:
649 (i) the local district board, if the person vacating the position was elected; or
650 (ii) the appointing authority, as defined in Section 17B-1-102 , if the person vacating
651 the position was appointed.
652 (b) Before acting to fill the vacancy, the local district board or appointing authority
653 shall:
654 (i) give public notice of the vacancy at least two weeks before the local district board
655 or appointing authority meets to fill the vacancy; and
656 (ii) identify, in the notice:
657 (A) the date, time, and place of the meeting where the vacancy will be filled; and
658 (B) the person to whom a person interested in being appointed to fill the vacancy may
659 submit his name for consideration and any deadline for submitting it.
660 (2) If the local district board fails to appoint a person to complete an elected board
661 member's term within 90 days, the legislative body of the county or municipality that created
662 the local district shall fill the vacancy following the procedure set forth for a local district in
663 Subsection (1)(b).
664 Section 9. Section 20A-9-601 is amended to read:
665 20A-9-601. Qualifying as a write-in candidate.
666 (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration
667 of candidacy in person or through a designated agent for a candidate for President or Vice
668 President of the United States with the appropriate filing officer not later than 30 days before
669 the regular general election or 45 days before a municipal general election in which the person
670 intends to be a write-in candidate.
671 (b) (i) The filing officer shall:
672 (A) read to the candidate the constitutional and statutory requirements for the office;
673 and

674 (B) ask the candidate whether or not the candidate meets the requirements.
675 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
676 accept the write-in candidate's declaration of candidacy.
677 [(2) A write-in candidate in towns need not prequalify with the filing officer.]
678 [(3)] (2) By November 1 of each regular general election year, the lieutenant governor
679 shall certify to each county clerk the names of all write-in candidates who filed their
680 declaration of candidacy with the lieutenant governor.