H.B. 488

1

WORDING ON ELECTION BALLOTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Evan J. Vickers
5 Senate Sponsor: Casey O. Anderson
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 20A, Chapter 6, Ballot Form, regarding the voting instructions
10 on a ballot.
11 Highlighted Provisions:
12 This bill:
13 . amends the voting instructions on a ballot for an office to which more than one
14 person will be elected; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-6-301, as last amended by Laws of Utah 2011, Chapter 292
23 20A-6-401, as last amended by Laws of Utah 2011, Chapter 292
24 20A-6-401.1, as last amended by Laws of Utah 2011, Chapter 292
25 20A-6-402, as last amended by Laws of Utah 2011, Chapter 292
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 20A-6-301 is amended to read:
29 20A-6-301. Paper ballots -- Regular general election.
30 (1) Each election officer shall ensure that:
31 (a) all paper ballots furnished for use at the regular general election contain no captions
32 or other endorsements except as provided in this section;
33 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
34 top of the ballot, and divided from the rest of ballot by a perforated line;
35 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
36 stub; and
37 (iii) ballot stubs are numbered consecutively;
38 (c) immediately below the perforated ballot stub, the following endorsements are
39 printed in 18 point bold type:
40 (i) "Official Ballot for ____ County, Utah";
41 (ii) the date of the election; and
42 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
43 (d) each ticket is placed in a separate column on the ballot in the order specified under
44 Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
45 column;
46 (e) the party name or title is printed in capital letters not less than one-fourth of an inch
47 high;
48 (f) a circle one-half inch in diameter is printed immediately below the party name or
49 title, and the top of the circle is placed not less than two inches below the perforated line;
50 (g) unaffiliated candidates and candidates not affiliated with a registered political party
51 are listed in one column in the order specified under Section 20A-6-305 , without a party circle,
52 with the following instructions printed at the head of the column: "All candidates not affiliated
53 with a political party are listed below. They are to be considered with all offices and
54 candidates listed to the left. Only one vote is allowed for each office.";
55 (h) the columns containing the lists of candidates, including the party name and device,
56 are separated by heavy parallel lines;
57 (i) the offices to be filled are plainly printed immediately above the names of the
58 candidates for those offices;

59 (j) the names of candidates are printed in capital letters, not less than one-eighth nor
60 more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
61 lines or rules three-eighths of an inch apart;
62 (k) a square with sides measuring not less than one-fourth of an inch in length is
63 printed immediately adjacent to the name of each candidate;
64 (l) for the offices of president and vice president and governor and lieutenant governor,
65 one square with sides measuring not less than one-fourth of an inch in length is printed on the
66 same side as but opposite a double bracket enclosing the names of the two candidates;
67 (m) immediately adjacent to the unaffiliated ticket on the ballot, the ballot contains a
68 write-in column long enough to contain as many written names of candidates as there are
69 persons to be elected with:
70 (i) for each office on the ballot, the office to be filled plainly printed immediately
71 above:
72 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
73 square with sides measuring not less than one-fourth of an inch in length printed immediately
74 adjacent to the blank horizontal line; or
75 (B) for the offices of president and vice president and governor and lieutenant
76 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
77 valid write-in candidates, and one square with sides measuring not less than one-fourth of an
78 inch in length printed on the same side as but opposite a double bracket enclosing the two
79 blank horizontal lines; and
80 (ii) the words "Write-In Voting Column" printed at the head of the column without a
81 one-half inch circle;
82 (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
83 to the write-in ticket with the word "NONPARTISAN" in reverse type in an 18 point solid rule
84 running vertically the full length of the nonpartisan ballot copy; and
85 (o) constitutional amendments or other questions submitted to the vote of the people,
86 are printed on the ballot after the list of candidates.
87 (2) Each election officer shall ensure that:
88 (a) each person nominated by any political party or group of petitioners is placed on the
89 ballot:

90 (i) under the party name and emblem, if any; or
91 (ii) under the title of the party or group as designated by them in their certificates of
92 nomination or petition, or, if none is designated, then under some suitable title;
93 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
94 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
95 (c) the names of the candidates for president and vice president are used on the ballot
96 instead of the names of the presidential electors; and
97 (d) the ballots contain no other names.
98 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
99 that:
100 (a) the designation of the office to be filled in the election and the number of
101 candidates to be elected are printed in type not smaller than eight point;
102 (b) the words designating the office are printed flush with the left-hand margin;
103 (c) the words, "Vote for one" or "Vote for [two or more] up to _____ (the number of
104 candidates for which the voter may vote)" extend to the extreme right of the column;
105 (d) the nonpartisan candidates are grouped according to the office for which they are
106 candidates;
107 (e) the names in each group are placed in the order specified under Section 20A-6-305
108 with the surnames last; and
109 (f) each group is preceded by the designation of the office for which the candidates
110 seek election, and the words, "Vote for one" or "Vote for [two or more] up to _____ (the
111 number of candidates for which the voter may vote)," according to the number to be elected.
112 (4) Each election officer shall ensure that:
113 (a) proposed amendments to the Utah Constitution are listed on the ballot in
114 accordance with Section 20A-6-107 ;
115 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
116 with Section 20A-6-107 ; and
117 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
118 title assigned to each bond proposition under Section 11-14-206 .
119 Section 2. Section 20A-6-401 is amended to read:
120 20A-6-401. Ballots for municipal primary elections.

121 (1) Each election officer shall ensure that:
122 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
123 the top of the ballot;
124 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
125 stub; and
126 (iii) ballot stubs are numbered consecutively;
127 (b) immediately below the perforated ballot stub, the following endorsements are
128 printed in 18 point bold type:
129 (i) "Official Primary Ballot for ____ (City or Town), Utah";
130 (ii) the date of the election; and
131 (iii) a facsimile of the signature of the election officer and the election officer's title in
132 eight point type;
133 (c) immediately below the election officer's title, two one-point parallel horizontal
134 rules separate endorsements from the rest of the ballot;
135 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
136 printed in 10 point bold type that states: "To vote for a candidate, place a cross (X) in the
137 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
138 office." followed by two one-point parallel rules;
139 (e) after the rules, the designation of the office for which the candidates seek
140 nomination is printed flush with the left-hand margin and the words[:], "Vote for one" or "Vote
141 for [two or more] up to _____ (the number of candidates for which the voter may vote)" are
142 printed to extend to the extreme right of the column in 10-point bold type, followed by a
143 hair-line rule;
144 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
145 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
146 with surnames last and grouped according to the office that they seek;
147 (g) a square with sides not less than one-fourth inch long is printed immediately
148 adjacent to the names of the candidates; and
149 (h) the candidate groups are separated from each other by one light and one heavy line
150 or rule.
151 (2) A municipal primary ballot may not contain any space for write-in votes.

152 Section 3. Section 20A-6-401.1 is amended to read:
153 20A-6-401.1. Ballots for partisan municipal primary elections.
154 (1) If a municipality is using paper ballots, each election officer shall ensure that:
155 (a) all paper ballots furnished for use at the regular primary election:
156 (i) are perforated to separate the candidates of one political party from those of the
157 other political parties so that the voter may separate the part of the ballot containing the names
158 of the political party of the voter's choice from the rest of the ballot;
159 (ii) have sides that are perforated so that the outside sections of the ballot, when
160 detached, are similar in appearance to the inside sections of the ballot when detached; and
161 (iii) contain no captions or other endorsements except as provided in this section;
162 (b) the names of all candidates from each party are listed on the same ballot in one or
163 more columns under their party name and emblem;
164 (c) the political parties are printed on the ballot in the order specified under Section
165 20A-6-305 ;
166 (d) (i) the ballot contains a ballot stub that is at least one inch wide, placed across the
167 top of the ballot;
168 (ii) the ballot number and the words "Poll Worker's Initials ____" are printed on the
169 stub; and
170 (iii) ballot stubs are numbered consecutively;
171 (e) immediately below the perforated ballot stub, the following endorsements are
172 printed in 18-point bold type:
173 (i) "Official Primary Ballot for ____ County, Utah";
174 (ii) the date of the election; and
175 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
176 (f) after the facsimile signature, the political party emblem and the name of the
177 political party are printed;
178 (g) after the party name and emblem, the ballot contains the following printed in not
179 smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote for a
180 candidate, place a cross (X) in the square immediately adjacent to the name of the person for
181 whom you wish to vote and in no other place. Do not vote for any candidate listed under more
182 than one party or group designation.", followed by two one-point parallel horizontal rules;

183 (h) after the rules, the designation of the office for which the candidates seek
184 nomination is printed flush with the left-hand margin and the words[:], "Vote for one" or "Vote
185 for [two or more] up to _____ (the number of candidates for which the voter may vote)" are
186 printed to extend to the extreme right of the column in 10-point bold type, followed by a
187 hair-line rule;
188 (i) after the hair-line rule, the names of the candidates are printed in heavy face type
189 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
190 with surnames last and grouped according to the office that they seek;
191 (j) a square with sides not less than one-fourth inch long is printed immediately
192 adjacent to the names of the candidates;
193 (k) the candidate groups are separated from each other by one light and one heavy line
194 or rule; and
195 (l) the nonpartisan candidates are listed as follows:
196 (i) immediately below the listing of the party candidates, the word "NONPARTISAN"
197 is printed in reverse type in an 18 point solid rule that extends the full width of the type copy of
198 the party listing above; and
199 (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
200 candidate's name, the voting square, and any other necessary information is printed in the same
201 style and manner as for party candidates.
202 (2) (a) If a municipality is using ballot sheets or electronic ballots, the election officer
203 may require that:
204 (i) the ballot, or ballot label in the case of a punch card ballot, for a regular primary
205 election consist of several groups of pages or display screens, so that a separate group can be
206 used to list the names of candidates seeking nomination of each qualified political party, with
207 additional groups used to list candidates for other nonpartisan offices;
208 (ii) the separate groups of pages or display screens are identified by color or other
209 suitable means; and
210 (iii) the ballot or ballot label contain instructions that direct the voter how to vote the
211 ballot.
212 (b) If a municipality is using ballot sheets or electronic ballots, each election officer
213 shall:

214 (i) for municipalities using punch card ballots, ensure that the ballot label provides a
215 means for the voter to designate the political party in whose primary the voter is voting; and
216 (ii) determine the order for printing the names of the political parties on the ballot label
217 in accordance with Section 20A-6-305 .
218 Section 4. Section 20A-6-402 is amended to read:
219 20A-6-402. Ballots for municipal general elections.
220 (1) When using a paper ballot at municipal general elections, each election officer shall
221 ensure that:
222 (a) the names of the two candidates who received the highest number of votes for
223 mayor in the municipal primary are placed upon the ballot;
224 (b) if no municipal primary election was held, the names of the candidates who filed
225 declarations of candidacy for municipal offices are placed upon the ballot;
226 (c) for other offices:
227 (i) twice the number of candidates as there are positions to be filled are certified as
228 eligible for election in the municipal general election from those candidates who received the
229 greater number of votes in the primary election; and
230 (ii) the names of those candidates are placed upon the municipal general election
231 ballot;
232 (d) the names of the candidates are placed on the ballot in the order specified under
233 Section 20A-6-305 ;
234 (e) a write-in area is placed upon the ballot that contains, for each office:
235 (i) a blank, horizontal line to enable the entry of a valid write-in candidate; and
236 (ii) a square or other conforming area that is adjacent to or opposite the blank
237 horizontal line to enable the voter to indicate the voter's vote;
238 (f) ballot propositions that have qualified for the ballot, including propositions
239 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
240 listed on the ballot in accordance with Section 20A-6-107 ; and
241 (g) bond propositions that have qualified for the ballot are listed on the ballot under the
242 title assigned to each bond proposition under Section 11-14-206 .
243 (2) When using a punch card ballot at municipal general elections, each election officer
244 shall ensure that:

245 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
246 the top of the ballot;
247 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
248 stub; and
249 (iii) ballot stubs are numbered consecutively;
250 (b) immediately below the perforated ballot stub, the following endorsements are
251 printed in 18 point bold type:
252 (i) "Official Ballot for ____ (City or Town), Utah";
253 (ii) the date of the election; and
254 (iii) a facsimile of the signature of the election officer and the election officer's title in
255 eight-point type;
256 (c) immediately below the election officer's title, two one-point parallel horizontal
257 rules separate endorsements from the rest of the ballot;
258 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
259 printed in 10-point bold type that states: "To vote for a candidate, place a cross (X) in the
260 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
261 office." followed by two one-point parallel rules;
262 (e) after the rules, the designation of the office for which the candidates seek election is
263 printed flush with the left-hand margin and the words[:], "Vote for one" or "Vote for [two or
264 more] up to _____ (the number of candidates for which the voter may vote)" are printed to
265 extend to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
266 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
267 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
268 with surnames last and grouped according to the office that they seek;
269 (g) a square with sides not less than one-fourth inch long is printed immediately
270 adjacent to the names of the candidates;
271 (h) following the name of the last candidate for each office, the ballot contains:
272 (i) a write-in space for each elective office where the voter may enter the name of a
273 valid write-in candidate; and
274 (ii) a square printed immediately adjacent to the write-in space or line where the voter
275 may vote for the valid write-in candidate; and

276 (i) the candidate groups are separated from each other by one light and one heavy line
277 or rule.
278 (3) When using a ballot sheet other than a punch card ballot at municipal general
279 elections, each election officer shall ensure that:
280 (a) (i) the ballot contains a perforated ballot stub placed across the top of the ballot;
281 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
282 stub; and
283 (iii) ballot stubs are numbered consecutively;
284 (b) immediately below the perforated ballot stub, the following endorsements are
285 printed:
286 (i) "Official Ballot for ____ (City or Town), Utah";
287 (ii) the date of the election; and
288 (iii) a facsimile of the signature of the election officer and the election officer's title;
289 (c) immediately below the election officer's title, a distinct border or line separates
290 endorsements from the rest of the ballot;
291 (d) immediately below the border or line, an "Instructions to Voters" section is printed
292 that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
293 candidate(s) for each respective office." followed by another border or line;
294 (e) after the border or line, the designation of the office for which the candidates seek
295 election is printed and the words[:], "Vote for one" or "Vote for [two or more] up to _____ (the
296 number of candidates for which the voter may vote)" are printed, followed by a line or border;
297 (f) after the line or border, the names of the candidates are printed in the order
298 specified under Section 20A-6-305 with surnames last and grouped according to the office that
299 they seek;
300 (g) an oval is printed adjacent to the names of the candidates;
301 (h) following the name of the last candidate for each office, the ballot contains:
302 (i) a write-in space or blank line for each elective office where the voter may enter the
303 name of a valid write-in candidate; and
304 (ii) an oval is printed adjacent to the write-in space or line where the voter may vote for
305 the valid write-in candidate; and
306 (i) the candidate groups are separated from each other by a line or border.

307 (4) When using an electronic ballot at municipal general elections, each election officer
308 shall ensure that:
309 (a) the following endorsements are displayed on the first screen of the ballot:
310 (i) "Official Ballot for ____ (City or Town), Utah";
311 (ii) the date of the election; and
312 (iii) a facsimile of the signature of the election officer and the election officer's title;
313 (b) immediately below the election officer's title, a distinct border or line separates the
314 endorsements from the rest of the ballot;
315 (c) immediately below the border or line, an "Instructions to Voters" section is
316 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
317 the candidate(s) for each respective office." followed by another border or line;
318 (d) after the border or line, the designation of the office for which the candidates seek
319 election is displayed, and the words[:], "Vote for one" or "Vote for [two or more] up to _____
320 (the number of candidates for which the voter may vote)" are displayed, followed by a line or
321 border;
322 (e) after the line or border, the names of the candidates are displayed in the order
323 specified under Section 20A-6-305 with surnames last and grouped according to the office that
324 they seek;
325 (f) a voting square or position is located adjacent to the name of each candidate;
326 (g) following the name of the last candidate for each office, the ballot contains a
327 write-in space where the voter may enter the name of and vote for a valid write-in candidate for
328 the office; and
329 (h) the candidate groups are separated from each other by a line or border.
330 (5) When a municipality has chosen to nominate candidates by convention or
331 committee, the election officer shall ensure that the party name is included with the candidate's
332 name on the ballot.




Legislative Review Note
as of 2-8-12 11:30 AM

Office of Legislative Research and General Counsel