H.B. 499

1

BALLOT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian Doughty
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in Title 20A, Election Code, relating to the ballot form to
10 not accommodate straight party ticket voting.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . repeals a provision that authorizes a voter to vote for all the candidates from one
15 registered political party by marking the ballot above the party name;
16 . amends the ballot form to not accommodate straight party ticket voting; and
17 . makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-1-102, as last amended by Laws of Utah 2011, Chapters 17, 40, 310, and 335
25 20A-3-106, as last amended by Laws of Utah 2006, Chapter 326
26 20A-4-102, as last amended by Laws of Utah 2002, Chapter 177
27 20A-4-105, as last amended by Laws of Utah 1999, Chapter 56

28 20A-5-302, as last amended by Laws of Utah 2007, Chapters 256 and 329
29 20A-6-301, as last amended by Laws of Utah 2011, Chapter 292
30 20A-6-303, as last amended by Laws of Utah 2011, Chapter 292
31 20A-6-304, as last amended by Laws of Utah 2011, Chapter 292
32 20A-6-305, as enacted by Laws of Utah 2011, Chapter 292
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-1-102 is amended to read:
36 20A-1-102. Definitions.
37 As used in this title:
38 (1) "Active voter" means a registered voter who has not been classified as an inactive
39 voter by the county clerk.
40 (2) "Automatic tabulating equipment" means apparatus that automatically examines
41 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
42 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
43 upon which a voter records the voter's votes.
44 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
45 envelopes.
46 (4) "Ballot sheet":
47 (a) means a ballot that:
48 (i) consists of paper or a card where the voter's votes are marked or recorded; and
49 (ii) can be counted using automatic tabulating equipment; and
50 (b) includes punch card ballots and other ballots that are machine-countable.
51 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
52 (a) contain the names of offices and candidates and statements of ballot propositions to
53 be voted on; and
54 (b) are used in conjunction with ballot sheets that do not display that information.
55 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
56 on the ballot for their approval or rejection including:
57 (a) an opinion question specifically authorized by the Legislature;
58 (b) a constitutional amendment;

59 (c) an initiative;
60 (d) a referendum;
61 (e) a bond proposition;
62 (f) a judicial retention question; or
63 (g) any other ballot question specifically authorized by the Legislature.
64 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
65 20A-4-306 to canvass election returns.
66 (8) "Bond election" means an election held for the purpose of approving or rejecting
67 the proposed issuance of bonds by a government entity.
68 (9) "Book voter registration form" means voter registration forms contained in a bound
69 book that are used by election officers and registration agents to register persons to vote.
70 (10) "By-mail voter registration form" means a voter registration form designed to be
71 completed by the voter and mailed to the election officer.
72 (11) "Canvass" means the review of election returns and the official declaration of
73 election results by the board of canvassers.
74 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
75 the canvass.
76 (13) "Contracting election officer" means an election officer who enters into a contract
77 or interlocal agreement with a provider election officer.
78 (14) "Convention" means the political party convention at which party officers and
79 delegates are selected.
80 (15) "Counting center" means one or more locations selected by the election officer in
81 charge of the election for the automatic counting of ballots.
82 (16) "Counting judge" means a poll worker designated to count the ballots during
83 election day.
84 (17) "Counting poll watcher" means a person selected as provided in Section
85 20A-3-201 to witness the counting of ballots.
86 (18) "Counting room" means a suitable and convenient private place or room,
87 immediately adjoining the place where the election is being held, for use by the poll workers
88 and counting judges to count ballots during election day.
89 (19) "County officers" means those county officers that are required by law to be

90 elected.
91 (20) "Date of the election" or "election day" or "day of the election":
92 (a) means the day that is specified in the calendar year as the day that the election
93 occurs; and
94 (b) does not include:
95 (i) deadlines established for absentee voting; or
96 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
97 Voting.
98 (21) "Elected official" means:
99 (a) a person elected to an office under Section 20A-1-303 ;
100 (b) a person who is considered to be elected to a municipal office in accordance with
101 Subsection 20A-1-206 (1)(c)(ii); or
102 (c) a person who is considered to be elected to a local district office in accordance with
103 Subsection 20A-1-206 (3)(c)(ii).
104 (22) "Election" means a regular general election, a municipal general election, a
105 statewide special election, a local special election, a regular primary election, a municipal
106 primary election, and a local district election.
107 (23) "Election Assistance Commission" means the commission established by Public
108 Law 107-252, the Help America Vote Act of 2002.
109 (24) "Election cycle" means the period beginning on the first day persons are eligible to
110 file declarations of candidacy and ending when the canvass is completed.
111 (25) "Election judge" means a poll worker that is assigned to:
112 (a) preside over other poll workers at a polling place;
113 (b) act as the presiding election judge; or
114 (c) serve as a canvassing judge, counting judge, or receiving judge.
115 (26) "Election officer" means:
116 (a) the lieutenant governor, for all statewide ballots and elections;
117 (b) the county clerk for:
118 (i) a county ballot and election; and
119 (ii) a ballot and election as a provider election officer as provided in Section
120 20A-5-400.1 or 20A-5-400.5 ;

121 (c) the municipal clerk for:
122 (i) a municipal ballot and election; and
123 (ii) a ballot and election as a provider election officer as provided in Section
124 20A-5-400.1 or 20A-5-400.5 ;
125 (d) the local district clerk or chief executive officer for:
126 (i) a local district ballot and election; and
127 (ii) a ballot and election as a provider election officer as provided in Section
128 20A-5-400.1 or 20A-5-400.5 ; or
129 (e) the business administrator or superintendent of a school district for:
130 (i) a school district ballot and election; and
131 (ii) a ballot and election as a provider election officer as provided in Section
132 20A-5-400.1 or 20A-5-400.5 .
133 (27) "Election official" means:
134 (a) for an election other than a bond election, the count of votes cast in the election and
135 the election returns requested by the board of canvassers; or
136 (b) any election officer, election judge, or poll worker.
137 (28) "Election results" means:
138 (a) for an election other than a bond election, the count of votes cast in the election and
139 the election returns requested by the board of canvassers; or
140 (b) for bond elections, the count of those votes cast for and against the bond
141 proposition plus any or all of the election returns that the board of canvassers may request.
142 (29) "Election returns" includes the pollbook, all affidavits of registration, the military
143 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
144 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
145 spoiled ballots, the ballot disposition form, and the total votes cast form.
146 (30) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
147 device or other voting device that records and stores ballot information by electronic means.
148 (31) "Electronic signature" means an electronic sound, symbol, or process attached to
149 or logically associated with a record and executed or adopted by a person with the intent to sign
150 the record.
151 (32) (a) "Electronic voting device" means a voting device that uses electronic ballots.

152 (b) "Electronic voting device" includes a direct recording electronic voting device.
153 (33) "Inactive voter" means a registered voter who has:
154 (a) been sent the notice required by Section 20A-2-306 ; and
155 (b) failed to respond to that notice.
156 (34) "Inspecting poll watcher" means a person selected as provided in this title to
157 witness the receipt and safe deposit of voted and counted ballots.
158 (35) "Judicial office" means the office filled by any judicial officer.
159 (36) "Judicial officer" means any justice or judge of a court of record or any county
160 court judge.
161 (37) "Local district" means a local government entity under Title 17B, Limited Purpose
162 Local Government Entities - Local Districts, and includes a special service district under Title
163 17D, Chapter 1, Special Service District Act.
164 (38) "Local district officers" means those local district officers that are required by law
165 to be elected.
166 (39) "Local election" means a regular municipal election, a local special election, a
167 local district election, and a bond election.
168 (40) "Local political subdivision" means a county, a municipality, a local district, or a
169 local school district.
170 (41) "Local special election" means a special election called by the governing body of a
171 local political subdivision in which all registered voters of the local political subdivision may
172 vote.
173 (42) "Municipal executive" means:
174 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
175 or
176 (b) the mayor in the council-manager form of government defined in Subsection
177 10-3b-103 (6).
178 (43) "Municipal general election" means the election held in municipalities and local
179 districts on the first Tuesday after the first Monday in November of each odd-numbered year
180 for the purposes established in Section 20A-1-202 .
181 (44) "Municipal legislative body" means the council of the city or town in any form of
182 municipal government.

183 (45) "Municipal office" means an elective office in a municipality.
184 (46) "Municipal officers" means those municipal officers that are required by law to be
185 elected.
186 (47) "Municipal primary election" means an election held to nominate candidates for
187 municipal office.
188 (48) "Official ballot" means the ballots distributed by the election officer to the poll
189 workers to be given to voters to record their votes.
190 (49) "Official endorsement" means:
191 (a) the information on the ballot that identifies:
192 (i) the ballot as an official ballot;
193 (ii) the date of the election; and
194 (iii) the facsimile signature of the election officer; and
195 (b) the information on the ballot stub that identifies:
196 (i) the poll worker's initials; and
197 (ii) the ballot number.
198 (50) "Official register" means the official record furnished to election officials by the
199 election officer that contains the information required by Section 20A-5-401 .
200 (51) "Paper ballot" means a paper that contains:
201 (a) the names of offices and candidates and statements of ballot propositions to be
202 voted on; and
203 (b) spaces for the voter to record the voter's vote for each office and for or against each
204 ballot proposition.
205 (52) "Political party" means an organization of registered voters that has qualified to
206 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
207 and Procedures.
208 (53) (a) "Poll worker" means a person assigned by an election official to assist with an
209 election, voting, or counting votes.
210 (b) "Poll worker" includes election judges.
211 (c) "Poll worker" does not include a watcher.
212 (54) "Pollbook" means a record of the names of voters in the order that they appear to
213 cast votes.

214 (55) "Polling place" means the building where voting is conducted.
215 (56) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
216 in which the voter marks the voter's choice.
217 (57) "Provider election officer" means an election officer who enters into a contract or
218 interlocal agreement with a contracting election officer to conduct an election for the
219 contracting election officer's local political subdivision in accordance with Section
220 20A-5-400.1 .
221 (58) "Provisional ballot" means a ballot voted provisionally by a person:
222 (a) whose name is not listed on the official register at the polling place;
223 (b) whose legal right to vote is challenged as provided in this title; or
224 (c) whose identity was not sufficiently established by a poll worker.
225 (59) "Provisional ballot envelope" means an envelope printed in the form required by
226 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
227 verify a person's legal right to vote.
228 (60) "Primary convention" means the political party conventions at which nominees for
229 the regular primary election are selected.
230 (61) "Protective counter" means a separate counter, which cannot be reset, that:
231 (a) is built into a voting machine; and
232 (b) records the total number of movements of the operating lever.
233 (62) "Qualify" or "qualified" means to take the oath of office and begin performing the
234 duties of the position for which the person was elected.
235 (63) "Receiving judge" means the poll worker that checks the voter's name in the
236 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
237 after the voter has voted.
238 (64) "Registration form" means a book voter registration form and a by-mail voter
239 registration form.
240 (65) "Regular ballot" means a ballot that is not a provisional ballot.
241 (66) "Regular general election" means the election held throughout the state on the first
242 Tuesday after the first Monday in November of each even-numbered year for the purposes
243 established in Section 20A-1-201 .
244 (67) "Regular primary election" means the election on the fourth Tuesday of June of

245 each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
246 advance to the regular general election.
247 (68) "Resident" means a person who resides within a specific voting precinct in Utah.
248 (69) "Sample ballot" means a mock ballot similar in form to the official ballot printed
249 and distributed as provided in Section 20A-5-405 .
250 [(70) "Scratch vote" means to mark or punch the straight party ticket and then mark or
251 punch the ballot for one or more candidates who are members of different political parties.]
252 [(71)] (70) "Secrecy envelope" means the envelope given to a voter along with the
253 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
254 secrecy of the voter's vote.
255 [(72)] (71) "Special election" means an election held as authorized by Section
256 20A-1-204 .
257 [(73)] (72) "Spoiled ballot" means each ballot that:
258 (a) is spoiled by the voter;
259 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
260 (c) lacks the official endorsement.
261 [(74)] (73) "Statewide special election" means a special election called by the governor
262 or the Legislature in which all registered voters in Utah may vote.
263 [(75)] (74) "Stub" means the detachable part of each ballot.
264 [(76)] (75) "Substitute ballots" means replacement ballots provided by an election
265 officer to the poll workers when the official ballots are lost or stolen.
266 [(77)] (76) "Ticket" means each list of candidates for each political party or for each
267 group of petitioners.
268 [(78)] (77) "Transfer case" means the sealed box used to transport voted ballots to the
269 counting center.
270 [(79)] (78) "Vacancy" means the absence of a person to serve in any position created
271 by statute, whether that absence occurs because of death, disability, disqualification,
272 resignation, or other cause.
273 [(80)] (79) "Valid voter identification" means:
274 (a) a form of identification that bears the name and photograph of the voter which may
275 include:

276 (i) a currently valid Utah driver license;
277 (ii) a currently valid identification card that is issued by:
278 (A) the state; or
279 (B) a branch, department, or agency of the United States;
280 (iii) a currently valid Utah permit to carry a concealed weapon;
281 (iv) a currently valid United States passport; or
282 (v) a currently valid United States military identification card;
283 (b) one of the following identification cards, whether or not the card includes a
284 photograph of the voter:
285 (i) a valid tribal identification card;
286 (ii) a Bureau of Indian Affairs card; or
287 (iii) a tribal treaty card; or
288 (c) two forms of identification not listed under Subsection [(80)] (79)(a) or (b) but that
289 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
290 which may include:
291 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
292 election;
293 (ii) a bank or other financial account statement, or a legible copy thereof;
294 (iii) a certified birth certificate;
295 (iv) a valid Social Security card;
296 (v) a check issued by the state or the federal government or a legible copy thereof;
297 (vi) a paycheck from the voter's employer, or a legible copy thereof;
298 (vii) a currently valid Utah hunting or fishing license;
299 (viii) certified naturalization documentation;
300 (ix) a currently valid license issued by an authorized agency of the United States;
301 (x) a certified copy of court records showing the voter's adoption or name change;
302 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
303 (xii) a currently valid identification card issued by:
304 (A) a local government within the state;
305 (B) an employer for an employee; or
306 (C) a college, university, technical school, or professional school located within the

307 state; or
308 (xiii) a current Utah vehicle registration.
309 [(81)] (80) "Valid write-in candidate" means a candidate who has qualified as a
310 write-in candidate by following the procedures and requirements of this title.
311 [(82)] (81) "Voter" means a person who:
312 (a) meets the requirements for voting in an election;
313 (b) meets the requirements of election registration;
314 (c) is registered to vote; and
315 (d) is listed in the official register book.
316 [(83)] (82) "Voter registration deadline" means the registration deadline provided in
317 Section 20A-2-102.5 .
318 [(84)] (83) "Voting area" means the area within six feet of the voting booths, voting
319 machines, and ballot box.
320 [(85)] (84) "Voting booth" means:
321 (a) the space or compartment within a polling place that is provided for the preparation
322 of ballots, including the voting machine enclosure or curtain; or
323 (b) a voting device that is free standing.
324 [(86)] (85) "Voting device" means:
325 (a) an apparatus in which ballot sheets are used in connection with a punch device for
326 piercing the ballots by the voter;
327 (b) a device for marking the ballots with ink or another substance;
328 (c) an electronic voting device or other device used to make selections and cast a ballot
329 electronically, or any component thereof;
330 (d) an automated voting system under Section 20A-5-302 ; or
331 (e) any other method for recording votes on ballots so that the ballot may be tabulated
332 by means of automatic tabulating equipment.
333 [(87)] (86) "Voting machine" means a machine designed for the sole purpose of
334 recording and tabulating votes cast by voters at an election.
335 [(88)] (87) "Voting poll watcher" means a person appointed as provided in this title to
336 witness the distribution of ballots and the voting process.
337 [(89)] (88) "Voting precinct" means the smallest voting unit established as provided by

338 law within which qualified voters vote at one polling place.
339 [(90)] (89) "Watcher" means a voting poll watcher, a counting poll watcher, an
340 inspecting poll watcher, and a testing watcher.
341 [(91)] (90) "Western States Presidential Primary" means the election established in
342 Chapter 9, Part 8, Western States Presidential Primary.
343 [(92)] (91) "Write-in ballot" means a ballot containing any write-in votes.
344 [(93)] (92) "Write-in vote" means a vote cast for a person whose name is not printed on
345 the ballot according to the procedures established in this title.
346 Section 2. Section 20A-3-106 is amended to read:
347 20A-3-106. Voting straight ticket -- Splitting ballot -- Writing in names -- Effect
348 of unnecessary marking of cross.
349 (1) When voting a paper ballot, any voter desiring to vote for all the candidates from
350 any one registered political party may[: (a) mark in the circle or position above that political
351 party; (b)] mark in the squares or position opposite the names of all candidates for that party
352 ticket[; or].
353 [(c) make both markings.]
354 (2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates from
355 any one registered political party may[: (i) mark the selected party on the straight party page or
356 section; or (ii)] mark the name of each candidate from that party.
357 (b) To vote for candidates from two or more political parties, the voter may[: (i)] mark
358 in the squares or positions opposite the names of the candidates for whom the voter wishes to
359 vote [without marking in any circle; or].
360 [(ii) indicate his choice by marking in the circle or position above one political party
361 and marking in the squares or positions opposite the names of desired candidates.]
362 (3) (a) When voting an electronic ballot, any voter desiring to vote for all the
363 candidates from any one registered political party may[: (i) select that party on the straight
364 party selection area; or (ii)] select the name of each candidate from that party.
365 (b) To vote for candidates from two or more political parties, the voter may[: (i)] select
366 the names of the candidates for whom the voter wishes to vote [without selecting a political
367 party in the straight party selection area; or].
368 [(ii) select a political party in the straight party selection area and select the names of

369 the candidates for whom the voter wishes to vote.]
370 [(4) In any election other than a primary election, if a voter voting a ballot has selected
371 or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
372 for a person on another party ticket for an office, the voter shall select or mark the ballot next
373 to the name of the candidate for whom the voter wishes to vote.]
374 [(5)] (4) (a) The voter may cast a write-in vote on a paper ballot or ballot sheet:
375 (i) by entering the name of a valid write-in candidate:
376 (A) by writing the name of a valid write-in candidate in the blank write-in section of
377 the ballot; or
378 (B) by affixing a sticker with the office and name of the valid write-in name printed on
379 it in the blank write-in part of the ballot; and
380 (ii) by placing a mark opposite the name of the write-in candidate to indicate the voter's
381 vote.
382 (b) On a paper ballot or ballot sheet, a voter is considered to have voted for the person
383 whose name is written or whose sticker appears in the blank write-in part of the ballot, if a
384 mark is made opposite that name.
385 (c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a square on
386 the ticket below the marked circle does not affect the validity of the vote.
387 [(6)] (5) The voter may cast a write-in vote on an electronic ballot by:
388 (a) marking the appropriate position opposite the area for entering a write-in candidate
389 for the office sought by the candidate for whom the voter wishes to vote; and
390 (b) entering the name of a valid write-in candidate in the write-in selection area.
391 Section 3. Section 20A-4-102 is amended to read:
392 20A-4-102. Counting paper ballots after the polls close.
393 (1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and
394 the last qualified voter has voted, the election judges shall count the ballots by performing the
395 tasks specified in this section in the order that they are specified.
396 (b) The election judges shall apply the standards and requirements of Section
397 20A-4-105 to resolve any questions that arise as they count the ballots.
398 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
399 (b) (i) If there are more ballots in the ballot box than there are names entered in the

400 pollbook, the judges shall examine the official endorsements on the ballots.
401 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
402 official endorsement, the judges shall put those ballots in an excess ballot file and not count
403 them.
404 (c) (i) If, after examining the official endorsements, there are still more ballots in the
405 ballot box than there are names entered in the pollbook, the judges shall place the remaining
406 ballots back in the ballot box.
407 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
408 excess from the ballot box.
409 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
410 count them.
411 (d) When the ballots in the ballot box equal the number of names entered in the
412 pollbook, the judges shall count the votes.
413 (3) The judges shall:
414 (a) place all unused ballots in the envelope or container provided for return to the
415 county clerk or city recorder; and
416 (b) seal that envelope or container.
417 (4) The judges shall:
418 (a) place all of the provisional ballot envelopes in the envelope provided for them for
419 return to the election officer; and
420 (b) seal that envelope or container.
421 (5) (a) In counting the votes, the election judges shall read and count each ballot
422 separately.
423 (b) In regular primary elections the judges shall:
424 (i) count the number of ballots cast for each party;
425 (ii) place the ballots cast for each party in separate piles; and
426 (iii) count all the ballots for one party before beginning to count the ballots cast for
427 other parties.
428 (6) (a) In all elections, the counting judges shall:
429 (i) count one vote for each candidate designated by the marks in the squares next to the
430 candidate's name;

431 [(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
432 any candidate for an office for which a vote has been cast for a candidate for the same office
433 upon another ticket by the placing of a mark in the square opposite the name of that candidate
434 on the other ticket;]
435 [(iii)] (ii) count each vote for each write-in candidate who has qualified by filing a
436 declaration of candidacy under Section 20A-9-601 ;
437 [(iv)] (iii) read every name marked on the ballot and mark every name upon the tally
438 sheets before another ballot is counted;
439 [(v)] (iv) evaluate each ballot and each vote based on the standards and requirements of
440 Section 20A-4-105 ;
441 [(vi)] (v) write the word "spoiled" on the back of each ballot that lacks the official
442 endorsement and deposit it in the spoiled ballot envelope; and
443 [(vii)] (vi) read, count, and record upon the tally sheets the votes that each candidate
444 and ballot proposition received from all ballots, except excess or spoiled ballots.
445 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
446 persons clearly not eligible to qualify for office.
447 (c) The judges shall certify to the accuracy and completeness of the tally list in the
448 space provided on the tally list.
449 (d) When the judges have counted all of the voted ballots, they shall record the results
450 on the total votes cast form.
451 (7) Only election judges and counting poll watchers may be present at the place where
452 counting is conducted until the count is completed.
453 Section 4. Section 20A-4-105 is amended to read:
454 20A-4-105. Standards and requirements for evaluating voter's ballot choices.
455 (1) Each person counting ballots shall apply the standards and requirements of this
456 section to resolve any questions that arise as ballots are counted.
457 (2) Except as provided in Subsection [(11)] (10), if a voter marks more names than
458 there are persons to be elected to an office, or if for any reason it is impossible to determine the
459 choice of any voter for any office to be filled, the counter may not count that voter's ballot for
460 that office.
461 (3) The counter shall count a defective or incomplete mark on any paper ballot if:

462 (a) it is in the proper place; and
463 (b) there is no other mark or cross on the paper ballot indicating the voter's intent to
464 vote other than as indicated by the defective mark.
465 [(4) (a) When the voter has marked the ballot so that it appears that the voter has voted
466 more than one straight ticket, the election judges may not count any votes for party candidates.]
467 [(b) The election judges shall count the remainder of the ballot if it is voted correctly.]
468 [(5)] (4) A counter may not reject a ballot marked by the voter because of marks on the
469 ballot other than those marks allowed by this section unless the extraneous marks on a ballot or
470 group of ballots show an intent by a person or group to mark their ballots so that their ballots
471 can be identified.
472 [(6)] (5) (a) In counting the ballots, the counters shall give full consideration to the
473 intent of the voter.
474 (b) The counters may not invalidate a ballot because of mechanical and technical
475 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
476 required by Chapter 3, Voting.
477 [(7)] (6) The counters may not reject a ballot because of any error in:
478 (a) stamping or writing any official endorsement; or
479 (b) delivering the wrong ballots to any polling place.
480 [(8)] (7) The counter may not count any paper ballot that does not have the official
481 endorsement by an election officer.
482 [(9)] (8) If the counter discovers that the name of a candidate voted for is misspelled or
483 that the initial letters of a candidate's given name are transposed or omitted in part or
484 altogether, the counter shall count the voter's vote for that candidate if it is apparent that the
485 voter intended to vote for that candidate.
486 [(10)] (9) The counter shall count a vote for the president and the vice president of any
487 political party as a vote for the presidential electors selected by the political party.
488 [(11)] (10) In counting the valid write-in votes, if, by casting a valid write-in vote, a
489 voter has cast more votes for an office than that voter is entitled to vote for that office, the
490 judges shall count the valid write-in vote as being the obvious intent of the voter.
491 Section 5. Section 20A-5-302 is amended to read:
492 20A-5-302. Automated voting system.

493 (1) (a) Any county or municipal legislative body or local district board may:
494 (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
495 automated voting system that meets the requirements of this section; and
496 (ii) use that system in any election, in all or a part of the voting precincts within its
497 boundaries, or in combination with paper ballots.
498 (b) Nothing in this title shall be construed to require the use of electronic voting
499 devices in local special elections, municipal primary elections, or municipal general elections.
500 (2) (a) Each automated voting system shall:
501 (i) provide for voting in secrecy, except in the case of voters who have received
502 assistance as authorized by Section 20A-3-108 ;
503 (ii) permit each voter at any election to:
504 (A) vote for all persons and offices for whom and for which that voter is lawfully
505 entitled to vote;
506 (B) vote for as many persons for an office as that voter is entitled to vote; and
507 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
508 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
509 candidates of that party for president, vice president, and for their presidential electors;
510 [(iv) permit each voter, at any regular general election, to vote for all the candidates of
511 one registered political party by making one mark or punch;]
512 [(v) permit each voter to scratch vote;]
513 [(vi)] (iv) at elections other than primary elections, permit each voter to vote for the
514 nominees of one or more parties and for independent candidates;
515 [(vii)] (v) at primary elections:
516 (A) permit each voter to vote for candidates of the political party of his choice; and
517 (B) reject any votes cast for candidates of another party;
518 [(viii)] (vi) prevent the voter from voting for the same person more than once for the
519 same office;
520 [(ix)] (vii) provide the opportunity for each voter to change the ballot and to correct
521 any error before the voter casts the ballot in compliance with the Help America Vote Act of
522 2002, Pub. L. No. 107-252;
523 [(x)] (viii) include automatic tabulating equipment that rejects choices recorded on a

524 voter's ballot if the number of the voter's recorded choices is greater than the number which the
525 voter is entitled to vote for the office or on the measure;
526 [(xi)] (ix) be of durable construction, suitably designed so that it may be used safely,
527 efficiently, and accurately in the conduct of elections and counting ballots;
528 [(xii)] (x) when properly operated, record correctly, and count accurately each vote
529 cast;
530 [(xiii)] (xi) for voting equipment certified after January 1, 2005, produce a permanent
531 paper record that:
532 (A) shall be available as an official record for any recount or election contest
533 conducted with respect to an election where the voting equipment is used;
534 (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
535 place; and
536 (II) shall permit the voter to inspect the record of the voter's selections independently
537 only if reasonably practicable commercial methods permitting independent inspection are
538 available at the time of certification of the voting equipment by the lieutenant governor;
539 (C) shall include, at a minimum, human readable printing that shows a record of the
540 voter's selections;
541 (D) may also include machine readable printing which may be the same as the human
542 readable printing; and
543 (E) allows voting poll watchers and counting poll watchers to observe the election
544 process to ensure its integrity; and
545 [(xiv)] (xii) meet the requirements of Section 20A-5-402.5 .
546 (b) For the purposes of a recount or an election contest, if the permanent paper record
547 contains a conflict or inconsistency between the human readable printing and the machine
548 readable printing, the human readable printing shall supercede the machine readable printing
549 when determining the intent of the voter.
550 (c) Notwithstanding any other provisions of this section, the election officers shall
551 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
552 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
553 for use in the counting devices in which they are intended to be placed.
554 Section 6. Section 20A-6-301 is amended to read:

555 20A-6-301. Paper ballots -- Regular general election.
556 (1) Each election officer shall ensure that:
557 (a) all paper ballots furnished for use at the regular general election contain no captions
558 or other endorsements except as provided in this section;
559 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
560 top of the ballot, and divided from the rest of ballot by a perforated line;
561 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
562 stub; and
563 (iii) ballot stubs are numbered consecutively;
564 (c) immediately below the perforated ballot stub, the following endorsements are
565 printed in 18 point bold type:
566 (i) "Official Ballot for ____ County, Utah";
567 (ii) the date of the election; and
568 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
569 (d) each ticket is placed in a separate column on the ballot in the order specified under
570 Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
571 column;
572 (e) the party name or title is printed in capital letters not less than one-fourth of an inch
573 high;
574 [(f) a circle one-half inch in diameter is printed immediately below the party name or
575 title, and the top of the circle is placed not less than two inches below the perforated line;]
576 [(g)] (f) unaffiliated candidates and candidates not affiliated with a registered political
577 party are listed in one column in the order specified under Section 20A-6-305 , [without a party
578 circle,] with the following instructions printed at the head of the column: "All candidates not
579 affiliated with a political party are listed below. They are to be considered with all offices and
580 candidates listed to the left. Only one vote is allowed for each office.";
581 [(h)] (g) the columns containing the lists of candidates, including the party name and
582 device, are separated by heavy parallel lines;
583 [(i)] (h) the offices to be filled are plainly printed immediately above the names of the
584 candidates for those offices;
585 [(j)] (i) the names of candidates are printed in capital letters, not less than one-eighth

586 nor more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
587 between lines or rules three-eighths of an inch apart;
588 [(k)] (j) a square with sides measuring not less than one-fourth of an inch in length is
589 printed immediately adjacent to the name of each candidate;
590 [(l)] (k) for the offices of president and vice president and governor and lieutenant
591 governor, one square with sides measuring not less than one-fourth of an inch in length is
592 printed on the same side as but opposite a double bracket enclosing the names of the two
593 candidates;
594 [(m)] (l) immediately adjacent to the unaffiliated ticket on the ballot, the ballot
595 contains a write-in column long enough to contain as many written names of candidates as
596 there are persons to be elected with:
597 (i) for each office on the ballot, the office to be filled plainly printed immediately
598 above:
599 (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
600 square with sides measuring not less than one-fourth of an inch in length printed immediately
601 adjacent to the blank horizontal line; or
602 (B) for the offices of president and vice president and governor and lieutenant
603 governor, two blank horizontal lines, one placed above the other, to enable the entry of two
604 valid write-in candidates, and one square with sides measuring not less than one-fourth of an
605 inch in length printed on the same side as but opposite a double bracket enclosing the two
606 blank horizontal lines; and
607 (ii) the words "Write-In Voting Column" printed at the head of the column [without a
608 one-half inch circle];
609 [(n)] (m) when required, the ballot includes a nonpartisan ticket placed immediately
610 adjacent to the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point
611 solid rule running vertically the full length of the nonpartisan ballot copy; and
612 [(o)] (n) constitutional amendments or other questions submitted to the vote of the
613 people, are printed on the ballot after the list of candidates.
614 (2) Each election officer shall ensure that:
615 (a) each person nominated by any political party or group of petitioners is placed on the
616 ballot:

617 (i) under the party name and emblem, if any; or
618 (ii) under the title of the party or group as designated by them in their certificates of
619 nomination or petition, or, if none is designated, then under some suitable title;
620 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
621 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
622 (c) the names of the candidates for president and vice president are used on the ballot
623 instead of the names of the presidential electors; and
624 (d) the ballots contain no other names.
625 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
626 that:
627 (a) the designation of the office to be filled in the election and the number of
628 candidates to be elected are printed in type not smaller than eight point;
629 (b) the words designating the office are printed flush with the left-hand margin;
630 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
631 the column;
632 (d) the nonpartisan candidates are grouped according to the office for which they are
633 candidates;
634 (e) the names in each group are placed in the order specified under Section 20A-6-305
635 with the surnames last; and
636 (f) each group is preceded by the designation of the office for which the candidates
637 seek election, and the words, "Vote for one" or "Vote for two or more," according to the
638 number to be elected.
639 (4) Each election officer shall ensure that:
640 (a) proposed amendments to the Utah Constitution are listed on the ballot in
641 accordance with Section 20A-6-107 ;
642 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
643 with Section 20A-6-107 ; and
644 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
645 title assigned to each bond proposition under Section 11-14-206 .
646 Section 7. Section 20A-6-303 is amended to read:
647 20A-6-303. Regular general election -- Ballot sheets.

648 (1) Each election officer shall ensure that:
649 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
650 approximately the same order as paper ballots;
651 (b) the titles of offices and the names of candidates are printed in vertical columns or in
652 a series of separate pages;
653 (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
654 include, after the list of candidates:
655 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
656 (ii) any ballot propositions submitted to the voters for their approval or rejection;
657 [(d) (i) a voting square or position is included where the voter may record a straight
658 party ticket vote for all the candidates of one party by one mark or punch; and]
659 [(ii) the name of each political party listed in the straight party selection area includes
660 the word "party" at the end of the party's name;]
661 [(e)] (d) the tickets are printed in the order specified under Section 20A-6-305 ;
662 [(f)] (e) the office titles are printed immediately adjacent to the names of candidates so
663 as to indicate clearly the candidates for each office and the number to be elected;
664 [(g)] (f) the party designation of each candidate is printed immediately adjacent to the
665 candidate's name; and
666 [(h)] (g) (i) if possible, all candidates for one office are grouped in one column or upon
667 one page;
668 (ii) if all candidates for one office cannot be listed in one column or grouped on one
669 page:
670 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
671 candidates is continued on the following column or page; and
672 (B) approximately the same number of names shall be printed in each column or on
673 each page.
674 (2) Each election officer shall ensure that:
675 (a) proposed amendments to the Utah Constitution are listed in accordance with
676 Section 20A-6-107 ;
677 (b) ballot propositions submitted to the voters are listed in accordance with Section
678 20A-6-107 ; and

679 (c) bond propositions that have qualified for the ballot are listed under the title
680 assigned to each bond proposition under Section 11-14-206 .
681 Section 8. Section 20A-6-304 is amended to read:
682 20A-6-304. Regular general election -- Electronic ballots.
683 (1) Each election officer shall ensure that:
684 (a) the format and content of the electronic ballot is arranged in approximately the
685 same order as paper ballots;
686 (b) the titles of offices and the names of candidates are displayed in vertical columns or
687 in a series of separate display screens;
688 (c) the electronic ballot is of sufficient length to include, after the list of candidates:
689 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
690 (ii) any ballot propositions submitted to the voters for their approval or rejection;
691 [(d) (i) a voting square or position is included where the voter may record a straight
692 party ticket vote for all the candidates of one party by making a single selection; and]
693 [(ii) the name of each political party listed in the straight party selection area includes
694 the word "party" at the end of the party's name;]
695 [(e)] (d) the tickets are displayed in the order specified under Section 20A-6-305 ;
696 [(f)] (e) the office titles are displayed above or at the side of the names of candidates so
697 as to indicate clearly the candidates for each office and the number to be elected;
698 [(g)] (f) the party designation of each candidate is displayed adjacent to the candidate's
699 name; and
700 [(h)] (g) if possible, all candidates for one office are grouped in one column or upon
701 one display screen.
702 (2) Each election officer shall ensure that:
703 (a) proposed amendments to the Utah Constitution are displayed in accordance with
704 Section 20A-6-107 ;
705 (b) ballot propositions submitted to the voters are displayed in accordance with Section
706 20A-6-107 ; and
707 (c) bond propositions that have qualified for the ballot are displayed under the title
708 assigned to each bond proposition under Section 11-14-206 .
709 Section 9. Section 20A-6-305 is amended to read:

710 20A-6-305. Master ballot position list -- Random selection -- Procedures --
711 Publication -- Surname -- Exemptions.
712 (1) As used in this section, "master ballot position list" means an official list of the 26
713 characters in the alphabet listed in random order and numbered from one to 26 as provided
714 under Subsection (2).
715 (2) The lieutenant governor shall:
716 (a) at the beginning of each general election year conduct a random selection to
717 establish the master ballot position list for the current year and the next year in accordance with
718 procedures established under Subsection (2)(c);
719 (b) publish the master ballot position lists on the lieutenant governor's election website
720 on or before February 1 in each regular general election year; and
721 (c) establish written procedures for:
722 (i) the election official to use the master ballot position list; and
723 (ii) the lieutenant governor in:
724 (A) conducting the random selection in a fair manner; and
725 (B) providing a record of the random selection process used.
726 (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
727 election officer shall use the master ballot position list for the current year to determine the
728 order in which to list candidates on the ballot for an election held during the year.
729 (4) To determine the order in which to list candidates on the ballot required under
730 Subsection (3), the election officer shall apply the randomized alphabet using:
731 (a) the candidate's surname;
732 (b) for candidates with a surname that has the same spelling, the candidate's given
733 name; and
734 (c) the surname of the president and the surname of the governor for an election for the
735 offices of president and vice president and governor and lieutenant governor[; and].
736 [(d) if the ballot provides for a ticket or a straight party ticket, the registered political
737 party name.]
738 (5) This section does not apply to:
739 (a) an election for an office for which only one candidate is listed on the ballot; or
740 (b) a judicial retention election under Section 20A-12-201 .

Legislative Review Note
as of 2-15-12 8:10 AM

Office of Legislative Research and General Counsel