S.B. 176

1

CANDIDATE PARTY AFFILIATION
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Benjamin M. McAdams
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by amending ballot provisions for a candidate
10 nominated by more than one political party.
11 Highlighted Provisions:
12 This bill:
13 . repeals a provision that prohibits a candidate from appearing on the ballot for more
14 than one political party;
15 . requires an election officer to ensure that each candidate nominated by any
16 registered political party is placed on the ballot once for each political party
17 nomination the candidate receives;
18 . amends provisions for filling a vacancy in the Legislature, a county elected office,
19 and a county and district attorney office when the official vacating the office was
20 nominated by more than one political party;
21 . provides that an election judge shall count only one vote for a candidate who is
22 listed on the ballot more than once;
23 . requires an automated voting system to allow a candidate to be listed on the ballot
24 more than once for the same office under separate political parties;
25 . provides that all votes for a candidate are counted in the final count for the
26 candidate;
27 . allows a person to declare candidacy for more than one but not more than three

28 political parties; and
29 . makes technical changes.
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 20A-1-503, as last amended by Laws of Utah 2010, Chapter 165
37 20A-1-508, as last amended by Laws of Utah 2010, Chapter 197
38 20A-1-509.1, as last amended by Laws of Utah 2010, Chapter 197
39 20A-4-105, as last amended by Laws of Utah 1999, Chapter 56
40 20A-5-302, as last amended by Laws of Utah 2007, Chapters 256 and 329
41 20A-6-301, as last amended by Laws of Utah 2009, Chapter 202
42 20A-6-302, as last amended by Laws of Utah 2006, Chapter 326
43 20A-6-303, as last amended by Laws of Utah 2009, Chapter 202
44 20A-6-304, as last amended by Laws of Utah 2008, Chapters 225 and 315
45 20A-6-401.1, as last amended by Laws of Utah 2009, Chapter 202
46 20A-9-201, as last amended by Laws of Utah 2010, Chapter 12
47 20A-9-404, as last amended by Laws of Utah 2007, Chapter 256
48 ENACTS:
49 20A-6-305, Utah Code Annotated 1953
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 20A-1-503 is amended to read:
53 20A-1-503. Midterm vacancies in the Legislature.
54 (1) As used in this section:
55 (a) "Filing deadline" means the final date for filing:
56 (i) a declaration of candidacy as provided in Section 20A-9-202 ; and
57 (ii) a certificate of nomination as provided in Section 20A-9-503 .
58 (b) "Party liaison" means the political party officer designated to serve as a liaison with

59 the lieutenant governor on all matters relating to the political party's relationship with the state
60 as required by Section 20A-8-401 .
61 (c) "Same political party" means the political party:
62 (i) whose nominee was elected in the previous election; and
63 (ii) under which the candidate received the highest number of votes in the previous
64 election, if more than one party nominated the candidate.
65 (2) When a vacancy occurs for any reason in the office of representative in the
66 Legislature, the governor shall fill the vacancy by immediately appointing the person whose
67 name was submitted by the party liaison of the same political party as the prior representative.
68 (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
69 the office of senator in the Legislature, it shall be filled for the unexpired term at the next
70 regular general election.
71 (b) The governor shall fill the vacancy until the next regular general election by
72 immediately appointing the person whose name was submitted by the party liaison of the same
73 political party as the prior senator.
74 (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
75 before September 1 of an even-numbered year in which the term of office does not expire, the
76 lieutenant governor shall:
77 (i) establish a date, that is before the date for a candidate to be certified for the ballot
78 under Section 20A-9-701 and no later than 21 days after the day on which the vacancy
79 occurred, by which a person intending to obtain a position on the ballot for the vacant office
80 shall file:
81 (A) a declaration of candidacy; or
82 (B) a certificate of nomination; and
83 (ii) give notice of the vacancy and the date described in Subsection (4)(a)(i):
84 (A) on the lieutenant governor's website; and
85 (B) to each registered political party.
86 (b) A person intending to obtain a position on the ballot for the vacant office shall:
87 (i) by the date specified in Subsection (4)(a)(i), file a declaration of candidacy or
88 certificate of nomination according to the procedures and requirements of Chapter 9, Candidate
89 Qualifications and Nominating Procedures; and

90 (ii) run in the regular general election if:
91 (A) nominated as a party candidate; or
92 (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
93 Qualifications and Nominating Procedures.
94 (c) If a vacancy described in Subsection (3)(a) occurs on or after May 1 and before
95 September 1 of an even-numbered year in which the term of office does not expire, a party
96 liaison from each registered political party may submit a name of a person described in
97 Subsection (4)(b) to the lieutenant governor by August 31 for placement on the regular general
98 election ballot.
99 (5) If a vacancy described in Subsection (3)(a) occurs on or after September 1 of an
100 even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
101 unexpired term by immediately appointing the person whose name was submitted by the party
102 liaison of the same political party as the prior senator.
103 Section 2. Section 20A-1-508 is amended to read:
104 20A-1-508. Midterm vacancies in county elected offices.
105 (1) As used in this section:
106 (a) "County offices" includes the county executive, members of the county legislative
107 body, the county treasurer, the county sheriff, the county clerk, the county auditor, the county
108 recorder, the county surveyor, and the county assessor.
109 (b) "County offices" does not mean the offices of president and vice president of the
110 United States, United States senators and representatives, members of the Utah Legislature,
111 state constitutional officers, county attorneys, district attorneys, and judges.
112 (c) "Same political party" means the political party:
113 (i) whose nominee was elected in the previous election; and
114 (ii) under which the candidate received the highest number of votes in the previous
115 election, if more than one party nominated the candidate.
116 (2) (a) Until a replacement is selected as provided in this section and has qualified, the
117 county legislative body shall appoint an interim replacement to fill the vacant office by
118 following the procedures and requirements of this Subsection (2).
119 (b) (i) To appoint an interim replacement, the county legislative body shall give notice
120 of the vacancy to the county central committee of the same political party of the prior office

121 holder and invite that committee to submit the names of three nominees to fill the vacancy.
122 (ii) That county central committee shall, within 30 days, submit the names of three
123 nominees for the interim replacement to the county legislative body.
124 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
125 one of those nominees to serve out the unexpired term.
126 (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
127 vacancy within 45 days, the county clerk shall send to the governor a letter that:
128 (A) informs the governor that the county legislative body has failed to appoint a
129 replacement within the statutory time period; and
130 (B) contains the list of nominees submitted by the party central committee.
131 (ii) The governor shall appoint an interim replacement from that list of nominees to fill
132 the vacancy within 30 days after receipt of the letter.
133 (d) A person appointed as interim replacement under this Subsection (2) shall hold
134 office until their successor is elected and has qualified.
135 (3) (a) The requirements of this Subsection (3) apply to all county offices that become
136 vacant if:
137 (i) the vacant office has an unexpired term of two years or more; and
138 (ii) the vacancy occurs after the election at which the person was elected but before
139 April 10 of the next even-numbered year.
140 (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
141 shall notify the public and each registered political party that the vacancy exists.
142 (ii) All persons intending to become candidates for the vacant office shall:
143 (A) file a declaration of candidacy according to the procedures and requirements of
144 Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
145 (B) if nominated as a party candidate or qualified as an independent or write-in
146 candidate under Chapter 8, Political Party Formation and Procedures, run in the regular general
147 election.
148 (4) (a) The requirements of this Subsection (4) apply to all county offices that become
149 vacant if:
150 (i) the vacant office has an unexpired term of two years or more; and
151 (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 50

152 days before the regular primary election.
153 (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
154 shall notify the public and each registered political party that:
155 (A) the vacancy exists; and
156 (B) identifies the date and time by which a person interested in becoming a candidate
157 must file a declaration of candidacy.
158 (ii) All persons intending to become candidates for the vacant offices shall, within five
159 days after the date that the notice is made, ending at the close of normal office hours on the
160 fifth day, file a declaration of candidacy for the vacant office as required by Chapter 9, Part 2,
161 Candidate Qualifications and Declarations of Candidacy.
162 (iii) The county central committee of each party shall:
163 (A) select a candidate or candidates from among those qualified candidates who have
164 filed declarations of candidacy; and
165 (B) certify the name of the candidate or candidates to the county clerk at least 35 days
166 before the regular primary election.
167 (5) (a) The requirements of this Subsection (5) apply to all county offices that become
168 vacant:
169 (i) if the vacant office has an unexpired term of two years or more; and
170 (ii) when 50 days or less remain before the regular primary election but more than 50
171 days remain before the regular general election.
172 (b) When the conditions established in Subsection (5)(a) are met, the county central
173 committees of each political party registered under this title that wishes to submit a candidate
174 for the office shall summarily certify the name of one candidate to the county clerk for
175 placement on the regular general election ballot.
176 (6) (a) The requirements of this Subsection (6) apply to all county offices that become
177 vacant:
178 (i) if the vacant office has an unexpired term of less than two years; or
179 (ii) if the vacant office has an unexpired term of two years or more but 50 days or less
180 remain before the next regular general election.
181 (b) (i) When the conditions established in Subsection (6)(a) are met, the county
182 legislative body shall give notice of the vacancy to the county central committee of the same

183 political party as the prior office holder and invite that committee to submit the names of three
184 nominees to fill the vacancy.
185 (ii) That county central committee shall, within 30 days, submit the names of three
186 nominees to fill the vacancy to the county legislative body.
187 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
188 one of those nominees to serve out the unexpired term.
189 (c) (i) If the county legislative body fails to appoint a person to fill the vacancy within
190 45 days, the county clerk shall send to the governor a letter that:
191 (A) informs the governor that the county legislative body has failed to appoint a person
192 to fill the vacancy within the statutory time period; and
193 (B) contains the list of nominees submitted by the party central committee.
194 (ii) The governor shall appoint a person to fill the vacancy from that list of nominees to
195 fill the vacancy within 30 days after receipt of the letter.
196 (d) A person appointed to fill the vacancy under this Subsection (6) shall hold office
197 until their successor is elected and has qualified.
198 (7) Except as otherwise provided by law, the county legislative body may appoint
199 replacements to fill all vacancies that occur in those offices filled by appointment of the county
200 legislative body.
201 (8) Nothing in this section prevents or prohibits independent candidates from filing a
202 declaration of candidacy for the office within the same time limits.
203 (9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a
204 county office shall serve for the remainder of the unexpired term of the person who created the
205 vacancy and until a successor is elected and qualified.
206 (b) Nothing in this section may be construed to contradict or alter the provisions of
207 Section 17-16-6 .
208 Section 3. Section 20A-1-509.1 is amended to read:
209 20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15
210 or more attorneys.
211 (1) When a vacancy occurs in the office of county or district attorney in a county or
212 district having 15 or more attorneys who are licensed active members in good standing with the
213 Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.

214 (2) (a) The requirements of this Subsection (2) apply when the office of county
215 attorney or district attorney becomes vacant and:
216 (i) the vacant office has an unexpired term of two years or more; and
217 (ii) the vacancy occurs before the third Friday in March of the even-numbered year.
218 (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
219 notify the public and each registered political party that the vacancy exists.
220 (c) All persons intending to become candidates for the vacant office shall:
221 (i) file a declaration of candidacy according to the procedures and requirements of
222 [Title 20A,] Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
223 (ii) if nominated as a party candidate or qualified as an independent or write-in
224 candidate under [Title 20A,] Chapter 9, Candidate Qualifications and Nominating Procedures,
225 run in the regular general election; and
226 (iii) if elected, complete the unexpired term of the person who created the vacancy.
227 (d) If the vacancy occurs after the second Friday in March and before the third Friday
228 in March, the time for filing a declaration of candidacy under Section 20A-9-202 shall be
229 extended until seven days after the county clerk gives notice under Subsection (2)(b), but no
230 later than the fourth Friday in March.
231 (3) (a) The requirements of this Subsection (3) apply when the office of county
232 attorney or district attorney becomes vacant and:
233 (i) the vacant office has an unexpired term of two years or more; and
234 (ii) the vacancy occurs after the third Friday in March of the even-numbered year but
235 more than 50 days before the regular primary election.
236 (b) When the conditions established in Subsection (3)(a) are met, the county clerk
237 shall:
238 (i) notify the public and each registered political party that the vacancy exists; and
239 (ii) identify the date and time by which a person interested in becoming a candidate
240 must file a declaration of candidacy.
241 (c) All persons intending to become candidates for the vacant office shall:
242 (i) within five days after the date that the notice is made, ending at at the close of
243 normal office hours on the fifth day, file a declaration of candidacy for the vacant office as
244 required by [Title 20A,] Chapter 9, Part 2, Candidate Qualifications and Nominating

245 Procedures; and
246 (ii) if elected, complete the unexpired term of the person who created the vacancy.
247 (d) The county central committee of each party shall:
248 (i) select a candidate or candidates from among those qualified candidates who have
249 filed declarations of candidacy; and
250 (ii) certify the name of the candidate or candidates to the county clerk at least 35 days
251 before the regular primary election.
252 (4) (a) The requirements of this Subsection (4) apply when the office of county
253 attorney or district attorney becomes vacant and:
254 (i) the vacant office has an unexpired term of two years or more; and
255 (ii) 50 days or less remain before the regular primary election but more than 50 days
256 remain before the regular general election.
257 (b) When the conditions established in Subsection (4)(a) are met, the county central
258 committees of each registered political party that wish to submit a candidate for the office shall
259 summarily certify the name of one candidate to the county clerk for placement on the regular
260 general election ballot.
261 (c) The candidate elected shall complete the unexpired term of the person who created
262 the vacancy.
263 (5) (a) The requirements of this Subsection (5) apply when the office of county
264 attorney or district attorney becomes vacant and:
265 (i) the vacant office has an unexpired term of less than two years; or
266 (ii) the vacant office has an unexpired term of two years or more but 50 days or less
267 remain before the next regular general election.
268 (b) When the conditions established in Subsection (5)(a) are met, the county legislative
269 body shall give notice of the vacancy to the county central committee of the same political
270 party as defined in Section 20A-1-508 , of the prior officeholder and invite that committee to
271 submit the names of three nominees to fill the vacancy.
272 (c) That county central committee shall, within 30 days of receiving notice from the
273 county legislative body, submit to the county legislative body the names of three nominees to
274 fill the vacancy.
275 (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint

276 one of those nominees to serve out the unexpired term.
277 (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
278 days, the county clerk shall send to the governor a letter that:
279 (i) informs the governor that the county legislative body has failed to appoint a person
280 to fill the vacancy within the statutory time period; and
281 (ii) contains the list of nominees submitted by the party central committee.
282 (f) The governor shall appoint a person to fill the vacancy from that list of nominees
283 within 30 days after receipt of the letter.
284 (g) A person appointed to fill the vacancy under this Subsection (5) shall complete the
285 unexpired term of the person who created the vacancy.
286 (6) Nothing in this section prevents or prohibits independent candidates from filing a
287 declaration of candidacy for the office within the required time limits.
288 Section 4. Section 20A-4-105 is amended to read:
289 20A-4-105. Standards and requirements for evaluating voter's ballot choices.
290 (1) [Each person] A counting judge counting ballots shall apply the standards and
291 requirements of this section to resolve any questions that arise as ballots are counted.
292 (2) Except as provided in [Subsection (11)] Subsections (11) and (12), if a voter marks
293 more names than there are persons to be elected to an office, or if for any reason it is
294 impossible to determine the choice of any voter for any office to be filled, the [counter]
295 counting judge may not count that voter's ballot for that office.
296 (3) The [counter] counting judge shall count a defective or incomplete mark on any
297 paper ballot if:
298 (a) it is in the proper place; and
299 (b) there is no other mark or cross on the paper ballot indicating the voter's intent to
300 vote other than as indicated by the defective mark.
301 (4) (a) When the voter has marked the ballot so that it appears that the voter has voted
302 more than one straight ticket, the [election judges] counting judge may not count any votes for
303 party candidates.
304 (b) The [election judges] counting judge shall count the remainder of the ballot if it is
305 voted correctly.
306 (5) A [counter] counting judge may not reject a ballot marked by the voter because of

307 marks on the ballot other than those marks allowed by this section unless the extraneous marks
308 on a ballot or group of ballots show an intent by a person or group to mark their ballots so that
309 their ballots can be identified.
310 (6) (a) In counting the ballots, the [counters] counting judge shall give full
311 consideration to the intent of the voter.
312 (b) The [counters] counting judge may not invalidate a ballot because of mechanical
313 and technical defects in voting or failure on the part of the voter to follow strictly the rules for
314 balloting required by Chapter 3, Voting.
315 (7) The [counters] counting judge may not reject a ballot because of any error in:
316 (a) stamping or writing any official endorsement; or
317 (b) delivering the wrong ballots to any polling place.
318 (8) The [counter] counting judge may not count any paper ballot that does not have the
319 official endorsement by an election officer.
320 (9) If the [counter] counting judge discovers that the name of a candidate voted for is
321 misspelled or that the initial letters of a candidate's given name are transposed or omitted in
322 part or altogether, the [counter] counting judge shall count the voter's vote for that candidate if
323 it is apparent that the voter intended to vote for that candidate.
324 (10) The [counter] counting judge shall count a vote for the president and the vice
325 president of any political party as a vote for the presidential electors selected by the political
326 party.
327 (11) In counting the valid write-in votes, if, by casting a valid write-in vote, a voter has
328 cast more votes for an office than that voter is entitled to vote for that office, the [judges]
329 counting judge shall count the valid write-in vote as being the obvious intent of the voter.
330 (12) If more than one political party nominates a candidate as provided by Section
331 20A-6-305 , the counting judge shall:
332 (a) except as provided by Subsection (12)(b), count each vote for a candidate separately
333 by each political party nomination received by the candidate; and
334 (b) if a voter cast more than one vote for the candidate:
335 (i) count only one vote for the candidate; and
336 (ii) count no vote for purposes of a candidate's political party nomination.
337 Section 5. Section 20A-5-302 is amended to read:

338 20A-5-302. Automated voting system.
339 (1) (a) Any county or municipal legislative body or local district board may:
340 (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
341 automated voting system that meets the requirements of this section; and
342 (ii) use that system in any election, in all or a part of the voting precincts within its
343 boundaries, or in combination with paper ballots.
344 (b) Nothing in this title shall be construed to require the use of electronic voting
345 devices in local special elections, municipal primary elections, or municipal general elections.
346 (2) (a) Each automated voting system shall:
347 (i) provide for voting in secrecy, except in the case of voters who have received
348 assistance as authorized by Section 20A-3-108 ;
349 (ii) permit each voter at any election to:
350 (A) vote for all persons and offices for whom and for which that voter is lawfully
351 entitled to vote;
352 (B) vote for as many persons for an office as that voter is entitled to vote; and
353 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
354 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
355 candidates of that party for president, vice president, and for their presidential electors;
356 (iv) permit each voter, at any regular general election, to vote for all the candidates of
357 one registered political party by making one mark or punch;
358 (v) permit each voter to scratch vote;
359 (vi) at elections other than primary elections, permit each voter to vote for:
360 (A) the nominees of one or more parties and for [independent] unaffiliated candidates;
361 and
362 (B) a candidate who is listed on the ballot more than once for the same office under
363 more than one political party for which the candidate is nominated;
364 (vii) at primary elections:
365 (A) permit each voter to vote for candidates of the political party of his choice; and
366 (B) reject any votes cast for candidates of another party;
367 (viii) prevent the voter from voting for the same person more than once for the same
368 office;

369 (ix) provide the opportunity for each voter to change the ballot and to correct any error
370 before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
371 L. No. 107-252;
372 (x) include automatic tabulating equipment that rejects choices recorded on a voter's
373 ballot if the number of the voter's recorded choices is greater than the number which the voter
374 is entitled to vote for the office or on the measure;
375 (xi) be of durable construction, suitably designed so that it may be used safely,
376 efficiently, and accurately in the conduct of elections and counting ballots;
377 (xii) when properly operated, record correctly and count accurately each vote cast;
378 (xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
379 record that:
380 (A) shall be available as an official record for any recount or election contest
381 conducted with respect to an election where the voting equipment is used;
382 (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
383 place; and
384 (II) shall permit the voter to inspect the record of the voter's selections independently
385 only if reasonably practicable commercial methods permitting independent inspection are
386 available at the time of certification of the voting equipment by the lieutenant governor;
387 (C) shall include, at a minimum, human readable printing that shows a record of the
388 voter's selections;
389 (D) may also include machine readable printing which may be the same as the human
390 readable printing; and
391 (E) allows voting poll watchers and counting poll watchers to observe the election
392 process to ensure its integrity; and
393 (xiv) meet the requirements of Section 20A-5-402.5 .
394 (b) For the purposes of a recount or an election contest, if the permanent paper record
395 contains a conflict or inconsistency between the human readable printing and the machine
396 readable printing, the human readable printing shall supercede the machine readable printing
397 when determining the intent of the voter.
398 (c) Notwithstanding any other provisions of this section, the election officers shall
399 ensure that the ballots to be counted by means of electronic or electromechanical devices are of

400 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
401 for use in the counting devices in which they are intended to be placed.
402 Section 6. Section 20A-6-301 is amended to read:
403 20A-6-301. Paper ballots -- Regular general election.
404 (1) Each election officer shall ensure that:
405 (a) all paper ballots furnished for use at the regular general election contain no captions
406 or other endorsements except as provided in this section;
407 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
408 top of the ballot, and divided from the rest of ballot by a perforated line;
409 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
410 stub; and
411 (iii) ballot stubs are numbered consecutively;
412 (c) immediately below the perforated ballot stub, the following endorsements are
413 printed in 18-point bold type:
414 (i) "Official Ballot for ____ County, Utah";
415 (ii) the date of the election; and
416 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
417 (d) each ticket is placed in a separate column on the ballot in the order determined by
418 the election officer with the party emblem, followed by the party name, at the head of the
419 column;
420 (e) the party name or title is printed in capital letters not less than [1/4] one-fourth of an
421 inch high;
422 (f) a circle [1/2] one-half inch in diameter is printed immediately below the party name
423 or title, and the top of the circle is placed not less than two inches below the perforated line;
424 (g) unaffiliated candidates and candidates not affiliated with a registered political party
425 are listed in one column, without a party circle, with the following instructions printed at the
426 head of the column: "All candidates not affiliated with a political party are listed below. They
427 are to be considered with all offices and candidates listed to the left. Only one vote is allowed
428 for each office.";
429 (h) the columns containing the lists of candidates, including the party name and device,
430 are separated by heavy parallel lines;

431 (i) the offices to be filled are plainly printed immediately above the names of the
432 candidates for those offices;
433 (j) the names of candidates are printed in capital letters, not less than [1/8] one-eighth
434 nor more than [1/4] one-fourth of an inch high in heavy-faced type not smaller than 10 point,
435 between lines or rules 3/8 of an inch apart;
436 (k) a square with sides measuring not less than [1/4] one-fourth of an inch in length is
437 printed immediately adjacent to the name of each candidate;
438 (l) for the offices of president and vice president and governor and lieutenant governor,
439 one square with sides measuring not less than [1/4] one-fourth of an inch in length is printed on
440 the same side as but opposite a double bracket enclosing the names of the two candidates;
441 (m) immediately adjacent to the unaffiliated ticket on the ballot, the ballot contains a
442 write-in column long enough to contain as many written names of candidates as there are
443 persons to be elected with:
444 (i) for each office on the ballot, the office to be filled plainly printed immediately
445 above:
446 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
447 square with sides measuring not less than [1/4] one-fourth of an inch in length printed
448 immediately adjacent to the blank horizontal line; or
449 (B) for the offices of president and vice president and governor and lieutenant
450 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
451 valid write-in candidates, and one square with sides measuring not less than [1/4] one-fourth of
452 an inch in length printed on the same side as but opposite a double bracket enclosing the two
453 blank horizontal lines; and
454 (ii) the words "Write-In Voting Column" printed at the head of the column without a
455 [1/2] one-half inch circle;
456 (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
457 to the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid rule
458 running vertically the full length of the nonpartisan ballot copy; and
459 (o) constitutional amendments or other questions submitted to the vote of the people,
460 are printed on the ballot after the list of candidates.
461 (2) Each election officer shall ensure that:

462 (a) each person nominated by any political party or group of petitioners is placed on the
463 ballot once for each political party nomination or group of petitioners' petition the person
464 receives:
465 (i) under [the] each party name and emblem, if any; or
466 (ii) under [the] each title of the party or group as designated by them in their
467 certificates of nomination or petition, or, if none is designated, then under some suitable title;
468 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
469 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
470 (c) the names of the candidates for president and vice president are used on the ballot
471 instead of the names of the presidential electors; and
472 (d) the ballots contain no other names.
473 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
474 that:
475 (a) the designation of the office to be filled in the election and the number of
476 candidates to be elected are printed in type not smaller than eight-point;
477 (b) the words designating the office are printed flush with the left-hand margin;
478 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
479 the column;
480 (d) the nonpartisan candidates are grouped according to the office for which they are
481 candidates;
482 (e) the names in each group are placed in alphabetical order with the surnames last,
483 except for candidates for the State Board of Education and local school boards;
484 (f) the names of candidates for the State Board of Education are placed on the ballot as
485 certified by the lieutenant governor under Section 20A-14-105 ;
486 (g) if candidates for membership on a local board of education were selected in a
487 primary election, the name of the candidate who received the most votes in the primary election
488 is listed first on the ballot;
489 (h) if candidates for membership on a local board of education were not selected in the
490 primary election, the names of the candidates are listed on the ballot in the order determined by
491 a lottery conducted by the county clerk; and
492 (i) each group is preceded by the designation of the office for which the candidates

493 seek election, and the words, "Vote for one" or "Vote for two or more," according to the
494 number to be elected.
495 (4) Each election officer shall ensure that:
496 (a) proposed amendments to the Utah Constitution are listed on the ballot in
497 accordance with Section 20A-6-107 ;
498 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
499 with Section 20A-6-107 ; and
500 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
501 title assigned to each bond proposition under Section 11-14-206 .
502 Section 7. Section 20A-6-302 is amended to read:
503 20A-6-302. Paper ballots -- Placement of candidates' names.
504 (1) Each election officer shall ensure, for paper ballots in regular general elections,
505 that:
506 (a) except for candidates for state school board and local school boards:
507 (i) each candidate is listed by [party] each political party that nominated the candidate;
508 and
509 (ii) candidates' surnames are listed in alphabetical order on the ballots when two or
510 more candidates' names are required to be listed on a ticket under the title of an office;
511 (b) the names of candidates for the State Board of Education are placed on the ballot as
512 certified by the lieutenant governor under Section 20A-14-105 ;
513 (c) if candidates for membership on a local board of education were selected in a
514 regular primary election, the name of the candidate who received the most votes in the regular
515 primary election is listed first on the ballot; and
516 (d) if candidates for membership on a local board of education were not selected in the
517 regular primary election, the names of the candidates are listed on the ballot in the order
518 determined by a lottery conducted by the county clerk.
519 (2) (a) The election officer may not allow the name of a candidate who dies or
520 withdraws before election day to be printed upon the ballots.
521 (b) If the ballots have already been printed, the election officer:
522 (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a
523 line through the candidate's name before the ballots are delivered to voters; and

524 (ii) may not count any votes for that dead or withdrawn candidate.
525 (3) (a) When there is only one candidate for county attorney at the regular general
526 election in counties that have three or fewer registered voters of the county who are licensed
527 active members in good standing of the Utah State Bar, the county clerk shall cause that
528 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
529 with the following question: "Shall (name of candidate) be elected to the office of county
530 attorney? Yes ____ No ____."
531 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
532 elected to the office of county attorney.
533 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
534 elected and may not take office, nor may he continue in the office past the end of the term
535 resulting from any prior election or appointment.
536 (d) When the name of only one candidate for county attorney is printed on the ballot
537 under authority of this Subsection (3), the county clerk may not count any write-in votes
538 received for the office of county attorney.
539 (e) If no qualified person files for the office of county attorney or if the candidate is not
540 elected by the voters, the county legislative body shall appoint the county attorney as provided
541 in Section 20A-1-509.2 .
542 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
543 the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
544 two consecutive terms immediately preceding the term for which the candidate is seeking
545 election, Subsection (3)(a) shall not apply and that candidate shall be considered to be an
546 unopposed candidate the same as any other unopposed candidate for another office, unless a
547 petition is filed with the county clerk before the date of that year's primary election that:
548 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
549 (ii) contains the signatures of registered voters in the county representing in number at
550 least 25% of all votes cast in the county for all candidates for governor at the last election at
551 which a governor was elected.
552 (4) (a) When there is only one candidate for district attorney at the regular general
553 election in a prosecution district that has three or fewer registered voters of the district who are
554 licensed active members in good standing of the Utah State Bar, the county clerk shall cause

555 that candidate's name and party affiliation, if any, to be placed on a separate section of the
556 ballot with the following question: "Shall (name of candidate) be elected to the office of district
557 attorney? Yes ____ No ____."
558 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
559 elected to the office of district attorney.
560 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
561 elected and may not take office, nor may he continue in the office past the end of the term
562 resulting from any prior election or appointment.
563 (d) When the name of only one candidate for district attorney is printed on the ballot
564 under authority of this Subsection (4), the county clerk may not count any write-in votes
565 received for the office of district attorney.
566 (e) If no qualified person files for the office of district attorney, or if the only candidate
567 is not elected by the voters under this subsection, the county legislative body shall appoint a
568 new district attorney for a four-year term as provided in Section 20A-1-509.2 .
569 (f) If the candidate whose name would, except for this Subsection (4)(f), be placed on
570 the ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the
571 two consecutive terms immediately preceding the term for which the candidate is seeking
572 election, Subsection (4)(a) shall not apply and that candidate shall be considered to be an
573 unopposed candidate the same as any other unopposed candidate for another office, unless a
574 petition is filed with the county clerk before the date of that year's primary election that:
575 (i) requests the procedure set forth in Subsection (4)(a) to be followed; and
576 (ii) contains the signatures of registered voters in the county representing in number at
577 least 25% of all votes cast in the county for all candidates for governor at the last election at
578 which a governor was elected.
579 Section 8. Section 20A-6-303 is amended to read:
580 20A-6-303. Regular general election -- Ballot sheets.
581 (1) Each election officer shall ensure that:
582 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
583 approximately the same order as paper ballots;
584 (b) the titles of offices and the names of candidates are printed in vertical columns or in
585 a series of separate pages;

586 (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
587 include, after the list of candidates:
588 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
589 (ii) any ballot propositions submitted to the voters for their approval or rejection;
590 (d) (i) a voting square or position is included where the voter may record a straight
591 party ticket vote for all the candidates of one party by one mark or punch; and
592 (ii) the name of each political party listed in the straight party selection area includes
593 the word "party" at the end of the party's name;
594 (e) the tickets are printed in the order determined by the county clerk;
595 (f) the office titles are printed immediately adjacent to the names of candidates so as to
596 indicate clearly the candidates for each office and the number to be elected;
597 (g) [the party designation of each candidate] the candidate is listed once for each
598 political party nomination the candidate receives and the political party designation is printed
599 immediately adjacent to the candidate's name; and
600 (h) (i) if possible, all candidates for one office are grouped in one column or upon one
601 page; and
602 (ii) if all candidates for one office cannot be listed in one column or grouped on one
603 page:
604 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
605 candidates is continued on the following column or page; and
606 (B) approximately the same number of names shall be printed in each column or on
607 each page.
608 (2) Each election officer shall ensure that:
609 (a) proposed amendments to the Utah Constitution are listed in accordance with
610 Section 20A-6-107 ;
611 (b) ballot propositions submitted to the voters are listed in accordance with Section
612 20A-6-107 ; and
613 (c) bond propositions that have qualified for the ballot are listed under the title
614 assigned to each bond proposition under Section 11-14-206 .
615 Section 9. Section 20A-6-304 is amended to read:
616 20A-6-304. Regular general election -- Electronic ballots.

617 (1) Each election officer shall ensure that:
618 (a) the format and content of the electronic ballot is arranged in approximately the
619 same order as paper ballots;
620 (b) the titles of offices and the names of candidates are displayed in vertical columns or
621 in a series of separate display screens;
622 (c) the electronic ballot is of sufficient length to include, after the list of candidates:
623 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
624 (ii) any ballot propositions submitted to the voters for their approval or rejection;
625 (d) (i) a voting square or position is included where the voter may record a straight
626 party ticket vote for all the candidates of one party by making a single selection; and
627 (ii) the name of each political party listed in the straight party selection area includes
628 the word "party" at the end of the party's name;
629 (e) the tickets are displayed in the order determined by the county clerk;
630 (f) the office titles are displayed above or at the side of the names of candidates so as to
631 indicate clearly the candidates for each office and the number to be elected;
632 (g) [the party designation of each candidate] the candidate is listed once for each
633 political party nomination the candidate receives and the political party designation is displayed
634 adjacent to the candidate's name; and
635 (h) if possible, all candidates for one office are grouped in one column or upon one
636 display screen.
637 (2) Each election officer shall ensure that:
638 (a) proposed amendments to the Utah Constitution are displayed in accordance with
639 Section 20A-6-107 ;
640 (b) ballot propositions submitted to the voters are displayed in accordance with Section
641 20A-6-107 ; and
642 (c) bond propositions that have qualified for the ballot are displayed under the title
643 assigned to each bond proposition under Section 11-14-206 .
644 Section 10. Section 20A-6-305 is enacted to read:
645 20A-6-305. Candidate listed on ballot for each party nomination -- Vote counting.
646 An election officer shall:
647 (1) for a regular general election ballot and a municipal general election ballot, list a

648 candidate for a partisan office on the ballot once for each political party nomination or group of
649 petitioners' petition the candidate receives; and
650 (2) subject to the provisions of Subsection 20A-4-105 (12), combine all votes for a
651 candidate for the final count for the candidate.
652 Section 11. Section 20A-6-401.1 is amended to read:
653 20A-6-401.1. Ballots for partisan municipal primary elections.
654 (1) If a municipality is using paper ballots, each election officer shall ensure that:
655 (a) all paper ballots furnished for use at the regular primary election:
656 (i) are perforated to separate the candidates of one political party from those of the
657 other political parties so that the voter may separate the part of the ballot containing the names
658 of the political party of the voter's choice from the rest of the ballot;
659 (ii) have sides that are perforated so that the outside sections of the ballot, when
660 detached, are similar in appearance to the inside sections of the ballot when detached; and
661 (iii) contain no captions or other endorsements except as provided in this section;
662 (b) the names of all candidates from each party are listed on the same ballot in one or
663 more columns under [their] each party name and emblem for which the candidate receives a
664 nomination;
665 (c) the political parties are printed on the ballot in the order determined by the county
666 clerk;
667 (d) (i) the ballot contains a ballot stub that is at least one inch wide, placed across the
668 top of the ballot;
669 (ii) the ballot number and the words "Poll Worker's Initials ____" are printed on the
670 stub; and
671 (iii) ballot stubs are numbered consecutively;
672 (e) immediately below the perforated ballot stub, the following endorsements are
673 printed in 18-point bold type:
674 (i) "Official Primary Ballot for ____ County, Utah";
675 (ii) the date of the election; and
676 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
677 (f) after the facsimile signature, the political party emblem and the name of the
678 political party are printed;

679 (g) after the party name and emblem, the ballot contains the following printed in not
680 smaller than 10 point bold face, double leaded type: "Instructions to Voters: To vote for a
681 candidate, place a cross (X) in the square immediately adjacent to the name of the person for
682 whom you wish to vote and in no other place. [Do not vote for any candidate listed under more
683 than one party or group designation.]", followed by two one-point parallel horizontal rules;
684 (h) after the rules, the designation of the office for which the candidates seek
685 nomination is printed flush with the left-hand margin and the words: "Vote for one" or "Vote
686 for two or more" are printed to extend to the extreme right of the column in 10 point bold type,
687 followed by a hair-line rule;
688 (i) after the hair-line rule, the names of the candidates are printed in heavy face type
689 between lines or rules [3/8] three-eighths inch apart, alphabetically according to surnames with
690 surnames last and grouped according to the office that they seek;
691 (j) a square with sides not less than [1/4] one-fourth inch long is printed immediately
692 adjacent to the names of the candidates;
693 (k) the candidate groups are separated from each other by one light and one heavy line
694 or rule; and
695 (l) the nonpartisan candidates are listed as follows:
696 (i) immediately below the listing of the party candidates, the word "NONPARTISAN"
697 is printed in reverse type in an 18-point solid rule that extends the full width of the type copy of
698 the party listing above; and
699 (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
700 candidate's name, the voting square, and any other necessary information is printed in the same
701 style and manner as for party candidates.
702 (2) (a) If a municipality is using ballot sheets or electronic ballots, the election officer
703 may require that:
704 (i) the ballot, or ballot label in the case of a punch card ballot, for a regular primary
705 election consist of several groups of pages or display screens, so that a separate group can be
706 used to list the names of candidates seeking nomination of each qualified political party, with
707 additional groups used to list candidates for other nonpartisan offices;
708 (ii) the separate groups of pages or display screens are identified by color or other
709 suitable means; and

710 (iii) the ballot or ballot label contain instructions that direct the voter how to vote the
711 ballot.
712 (b) If a municipality is using ballot sheets or electronic ballots, each election officer
713 shall:
714 (i) for municipalities using punch card ballots, ensure that the ballot label provides a
715 means for the voter to designate the political party in whose primary the voter is voting; and
716 (ii) determine the order for printing the names of the political parties on the ballot
717 label.
718 Section 12. Section 20A-9-201 is amended to read:
719 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
720 more than one political party prohibited with exceptions -- General filing and form
721 requirements -- Affidavit of impecuniosity.
722 (1) Before filing a declaration of candidacy for election to any office, a person shall:
723 (a) be a United States citizen; and
724 (b) meet the legal requirements of that office.
725 (2) (a) Except as provided in Subsection (2)(b), a person may not[: (i)] file a
726 declaration of candidacy for, or be a candidate for, more than one office in Utah during any
727 election year[; or].
728 [(ii) appear on the ballot as the candidate of more than one political party.]
729 (b) A person may declare no more than three political party affiliations for the same
730 office.
731 [(b)] (c) A person may file a declaration of candidacy for, or be a candidate for,
732 President or Vice President of the United States and another office, if the person resigns the
733 person's candidacy for the other office after the person is officially nominated for President or
734 Vice President of the United States.
735 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
736 declaration of candidacy, the filing officer shall:
737 (A) read to the prospective candidate the constitutional and statutory qualification
738 requirements for the office that the candidate is seeking; and
739 (B) require the candidate to state whether or not the candidate meets those
740 requirements.

741 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
742 county clerk shall ensure that the person filing that declaration of candidacy is:
743 (A) a United States citizen;
744 (B) an attorney licensed to practice law in Utah who is an active member in good
745 standing of the Utah State Bar;
746 (C) a registered voter in the county in which he is seeking office; and
747 (D) a current resident of the county in which he is seeking office and either has been a
748 resident of that county for at least one year or was appointed and is currently serving as county
749 attorney and became a resident of the county within 30 days after appointment to the office.
750 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
751 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
752 candidacy is:
753 (A) a United States citizen;
754 (B) an attorney licensed to practice law in Utah who is an active member in good
755 standing of the Utah State Bar;
756 (C) a registered voter in the prosecution district in which he is seeking office; and
757 (D) a current resident of the prosecution district in which he is seeking office and either
758 will have been a resident of that prosecution district for at least one year as of the date of the
759 election or was appointed and is currently serving as district attorney and became a resident of
760 the prosecution district within 30 days after receiving appointment to the office.
761 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
762 county clerk shall ensure that the person filing the declaration of candidacy:
763 (A) as of the date of filing:
764 (I) is a United States citizen;
765 (II) is a registered voter in the county in which the person seeks office;
766 (III) (Aa) has successfully met the standards and training requirements established for
767 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
768 Certification Act; or
769 (Bb) has passed a certification examination as provided in Section 53-6-206 ; and
770 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
771 53-13-103 ; and

772 (B) as of the date of the election, shall have been a resident of the county in which the
773 person seeks office for at least one year.
774 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
775 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
776 Education member, the filing officer shall ensure:
777 (A) that the person filing the declaration of candidacy also files the financial disclosure
778 required by Section 20A-11-1603 ; and
779 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
780 provided to the lieutenant governor according to the procedures and requirements of Section
781 20A-11-1603 .
782 (b) If the prospective candidate states that he does not meet the qualification
783 requirements for the office, the filing officer may not accept the prospective candidate's
784 declaration of candidacy.
785 (c) If the candidate meets the requirements of Subsection (3)(a) and states that he meets
786 the requirements of candidacy, the filing officer shall:
787 (i) inform the candidate that:
788 (A) the candidate's name will appear on the ballot as it is written on the declaration of
789 candidacy;
790 (B) the candidate may be required to comply with state or local campaign finance
791 disclosure laws; and
792 (C) the candidate is required to file a financial statement before the candidate's political
793 convention under:
794 (I) Section 20A-11-204 for a candidate for constitutional office;
795 (II) Section 20A-11-303 for a candidate for the Legislature; or
796 (III) local campaign finance disclosure laws, if applicable;
797 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
798 for the office the candidate is seeking and inform the candidate that failure to comply will
799 result in disqualification as a candidate and removal of the candidate's name from the ballot;
800 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
801 Electronic Voter Information Website Program and inform the candidate of the submission
802 deadline under Subsection 20A-7-801 (4)(a);

803 (iv) provide the candidate with a copy of the pledge of fair campaign practices
804 described under Section 20A-9-206 and inform the candidate that:
805 (A) signing the pledge is voluntary; and
806 (B) signed pledges shall be filed with the filing officer;
807 (v) accept the candidate's declaration of candidacy; and
808 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
809 declaration of candidacy to the chair of the county or state political party of which the
810 candidate is a member.
811 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
812 officer shall:
813 (i) accept the candidate's pledge; and
814 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
815 candidate's pledge to the chair of the county or state political party of which the candidate is a
816 member.
817 (4) Except for presidential candidates, the form of the declaration of candidacy shall be
818 substantially as follows:
819 "State of Utah, County of ____
820 I, ______________, declare my intention of becoming a candidate for the office of
821 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
822 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
823 the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate
824 any law governing campaigns and elections; I will file all campaign financial disclosure reports
825 as required by law; and I understand that failure to do so will result in my disqualification as a
826 candidate for this office and removal of my name from the ballot. The mailing address that I
827 designate for receiving official election notices is ___________________________.
828 ____________________________________________________________________
829 Subscribed and sworn before me this __________(month\day\year).
830

Notary Public (or other officer qualified to administer oath.)"

831 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
832 is:
833 (i) $25 for candidates for the local school district board; and

834 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
835 holding the office, but not less than $5, for all other federal, state, and county offices.
836 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
837 any candidate:
838 (i) who is disqualified; or
839 (ii) who the filing officer determines has filed improperly.
840 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
841 from candidates.
842 (ii) The lieutenant governor shall:
843 (A) apportion to and pay to the county treasurers of the various counties all fees
844 received for filing of nomination certificates or acceptances; and
845 (B) ensure that each county receives that proportion of the total amount paid to the
846 lieutenant governor from the congressional district that the total vote of that county for all
847 candidates for representative in Congress bears to the total vote of all counties within the
848 congressional district for all candidates for representative in Congress.
849 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
850 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
851 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
852 a financial statement filed at the time the affidavit is submitted.
853 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
854 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
855 statement filed under this section shall be subject to the criminal penalties provided under
856 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
857 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
858 considered an offense under this title for the purposes of assessing the penalties provided in
859 Subsection 20A-1-609 (2).
860 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
861 substantially the following form:
862 "Affidavit of Impecuniosity
863 Individual Name ___________________________________________________
864 Address___________________________________________________________

865 Phone Number _________________
866 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
867 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
868 law.
869 Date ______________ Signature________________________________________________
870 Affiant
871 Subscribed and sworn to before me on ___________ (month\day\year)
872

______________________

873

(signature)

874 Name and Title of Officer Authorized to Administer Oath

______________________"

875 (v) The filing officer shall provide to a person who requests an affidavit of
876 impecuniosity a statement printed in substantially the following form, which may be included
877 on the affidavit of impecuniosity:
878 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609 , a
879 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
880 penalties, will be removed from the ballot."
881 (vi) The filing officer may request that a person who makes a claim of impecuniosity
882 under this Subsection (5)(d) file a financial statement on a form prepared by the election
883 official.
884 (6) Any person who fails to file a declaration of candidacy or certificate of nomination
885 within the time provided in this chapter is ineligible for nomination to office.
886 (7) A declaration of candidacy filed under this section may not be amended or
887 modified after the final date established for filing a declaration of candidacy.
888 Section 13. Section 20A-9-404 is amended to read:
889 20A-9-404. Municipal primary elections.
890 (1) (a) Except as otherwise provided in this section, candidates for municipal office in
891 all municipalities shall be nominated at a municipal primary election.
892 (b) Municipal primary elections shall be held:
893 (i) consistent with Section 20A-1-201.5 , on the second Tuesday following the first
894 Monday in the September before the regular municipal election; and
895 (ii) whenever possible, at the same polling places as the regular municipal election.

896 (2) If the number of candidates for a particular municipal office does not exceed twice
897 the number of persons needed to fill that office, a primary election for that office may not be
898 held and the candidates are considered nominated.
899 (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
900 of voters or delegates.
901 (b) (i) By ordinance adopted before the June 1 that falls before a regular municipal
902 election, any third, fourth, or fifth class city or town may exempt itself from a primary election
903 by providing that the nomination of candidates for municipal office to be voted upon at a
904 municipal election be nominated by a political party convention or committee.
905 (ii) Any primary election exemption ordinance adopted under the authority of this
906 subsection remains in effect until repealed by ordinance.
907 (c) (i) A convention or committee may not nominate more than one group of
908 candidates or have placed on the ballot more than one group of candidates for the municipal
909 offices to be voted upon at the municipal election.
910 (ii) A convention or committee may nominate a person who has been nominated by a
911 different convention or committee.
912 (iii) A political party may not have more than one group of candidates placed upon the
913 ballot [and may not group the same candidates on different tickets by the same party under a
914 different name or emblem].
915 (d) (i) The convention or committee shall prepare a certificate of nomination for each
916 person nominated.
917 (ii) The certificate of nomination shall:
918 (A) contain the name of the office for which each person is nominated, the name, post
919 office address, and, if in a city, the street number of residence and place of business, if any, of
920 each person nominated;
921 (B) designate in not more than five words the political party that the convention or
922 committee represents;
923 (C) contain a copy of the resolution passed at the convention that authorized the
924 committee to make the nomination;
925 (D) contain a statement certifying that the name of the candidate nominated by the
926 political party will not appear on the ballot as a candidate for any other political party;

927 (E) be signed by the presiding officer and secretary of the convention or committee;
928 and
929 (F) contain a statement identifying the residence and post office address of the
930 presiding officer and secretary and certifying that the presiding officer and secretary were
931 officers of the convention or committee and that the certificates are true to the best of their
932 knowledge and belief.
933 (iii) Certificates of nomination shall be filed with the clerk not later than the sixth
934 Tuesday before the November municipal election.
935 (e) A committee appointed at a convention, if authorized by an enabling resolution,
936 may also make nominations or fill vacancies in nominations made at a convention.
937 (f) The election ballot shall substantially comply with the form prescribed in [Title
938 20A,] Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name
939 shall be included with the candidate's name by listing the candidate once for each political
940 party nomination the candidate receives.
941 (4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the June 1
942 that falls before the regular municipal election that:
943 (i) exempts the city from the other methods of nominating candidates to municipal
944 office provided in this section; and
945 (ii) provides for a partisan primary election method of nominating candidates as
946 provided in this Subsection (4).
947 (b) (i) Any party that was a registered political party at the last regular general election
948 or regular municipal election is a municipal political party under this section.
949 (ii) Any political party may qualify as a municipal political party by presenting a
950 petition to the city recorder that:
951 (A) is signed by registered voters within the municipality equal to at least 20% of the
952 number of votes cast for all candidates for mayor in the last municipal election at which a
953 mayor was elected;
954 (B) is filed with the city recorder by the seventh Tuesday before the date of the
955 municipal primary election;
956 (C) is substantially similar to the form of the signature sheets described in Section
957 20A-7-303 ; and

958 (D) contains the name of the municipal political party using not more than five words.
959 (c) (i) If the number of candidates for a particular office does not exceed twice the
960 number of offices to be filled at the regular municipal election, no partisan primary election for
961 that office shall be held and the candidates are considered to be nominated.
962 (ii) If the number of candidates for a particular office exceeds twice the number of
963 offices to be filled at the regular municipal election, those candidates for municipal office shall
964 be nominated at a partisan primary election.
965 (d) The clerk shall ensure that:
966 (i) the partisan municipal primary ballot is similar to the ballot forms required by
967 Sections 20A-6-401 and 20A-6-401.1 ;
968 (ii) the candidates for each municipal political party are listed in one or more columns
969 under their party name and emblem;
970 (iii) the names of candidates of all parties are printed:
971 (A) on the same ballot[, but]; and
972 (B) under [their] each party designation for which the candidate receives a nomination;
973 (iv) every ballot is folded and perforated so as to separate the candidates of one party
974 from those of the other parties and so as to enable the elector to separate the part of the ballot
975 containing the names of the party of [his] the elector's choice from the remainder of the ballot;
976 and
977 (v) the side edges of all ballots are perforated so that the outside sections of the ballots,
978 when detached, are similar in appearance to inside sections when detached.
979 (e) After marking a municipal primary ballot, the voter shall:
980 (i) detach the part of the ballot containing the names of the candidates of the party he
981 has voted from the rest of the ballot;
982 (ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
983 and
984 (iii) fold the remainder of the ballot containing the names of the candidates of the
985 parties for whom the elector did not vote and deposit it in the blank ballot box.
986 (f) Immediately after the canvass, the election judges shall, without examination,
987 destroy the tickets deposited in the blank ballot box.

Legislative Review Note
as of 2-18-11 6:18 AM

Office of Legislative Research and General Counsel