1     
ELECTION NOTICE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Margaret Dayton

5     
House Sponsor: Jack R. Draxler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to election notice requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies the manner in which notice of certain election information is required to be
13     given; and
14          ▸     provides an option for providing the election notice by publication in a newspaper
15     or by mail to each registered voter who resides in the area to which the election
16     pertains.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-5-101, as last amended by Laws of Utah 2015, Chapter 296
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-5-101 is amended to read:
27          20A-5-101. Notice of election.
28          (1) On or before November 15 in the year before each regular general election year, the
29     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
30          (a) designates the offices to be filled at the next year's regular general election;
31          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
32     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
33     and 20A-9-408 for those offices;
34          (c) includes the master ballot position list for the next year and the year following as
35     established under Section 20A-6-305; and
36          (d) contains a description of any ballot propositions to be decided by the voters that
37     have qualified for the ballot as of that date.
38          (2) (a) No later than seven business days after the day on which the lieutenant governor
39     transmits the written notice described in Subsection (1), each county clerk shall:
40          (i) publish a notice:
41          (A) once in a newspaper published in that county; and
42          (B) as required in Section 45-1-101; or
43          (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
44     give notice of the election to the voters in each voting precinct within the county; and
45          (B) prepare an affidavit of that posting, showing a copy of the notice and the places
46     where the notice was posted.
47          (b) The notice required by Subsection (2)(a) shall:
48          (i) designate the offices to be voted on in that election; and
49          (ii) identify the dates for filing a declaration of candidacy for those offices.
50          (3) Before each election, the election officer shall give [written or] printed notice of the
51     following information, or printed notice of a website where the following information can be
52     obtained:
53          (a) the date and place of election;
54          (b) the hours during which the polls will be open;
55          (c) the polling places for each voting precinct;
56          (d) an election day voting center designated under Section 20A-3-703; and
57          (e) the qualifications for persons to vote in the election.
58          (4) To provide the printed notice [required by] described in Subsection (3), the election
59     officer shall:
60          (a) publish the notice at least two days before [the] election day:
61          [(a)] (i) in a newspaper of general circulation common to the area [or in] to which the
62     election [is being held] pertains; and
63          [(b)] (ii) as required in Section 45-1-101[.]; or
64          (b) mail the notice to each registered voter who resides in the area to which the election
65     pertains at least five days before election day.