1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to ballots.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the definition of "ticket";
13 ▸ amends provisions relating to ballot format and content; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
22 20A-6-101, as last amended by Laws of Utah 2014, Chapter 169
23 20A-6-102, as last amended by Laws of Utah 2014, Chapter 169
24 20A-6-301, as last amended by Laws of Utah 2015, Chapter 392
25 20A-6-303, as last amended by Laws of Utah 2015, Chapter 296
26 20A-6-304, as last amended by Laws of Utah 2015, Chapter 296
27 20A-6-305, as last amended by Laws of Utah 2014, Chapter 17
28 20A-9-406, as last amended by Laws of Utah 2015, Chapter 296
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-1-102 is amended to read:
32 20A-1-102. Definitions.
33 As used in this title:
34 (1) "Active voter" means a registered voter who has not been classified as an inactive
35 voter by the county clerk.
36 (2) "Automatic tabulating equipment" means apparatus that automatically examines
37 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
38 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
39 upon which a voter records the voter's votes.
40 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
41 envelopes.
42 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
43 (a) contain the names of offices and candidates and statements of ballot propositions to
44 be voted on; and
45 (b) are used in conjunction with ballot sheets that do not display that information.
46 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
47 on the ballot for their approval or rejection including:
48 (a) an opinion question specifically authorized by the Legislature;
49 (b) a constitutional amendment;
50 (c) an initiative;
51 (d) a referendum;
52 (e) a bond proposition;
53 (f) a judicial retention question;
54 (g) an incorporation of a city or town; or
55 (h) any other ballot question specifically authorized by the Legislature.
56 (6) "Ballot sheet":
57 (a) means a ballot that:
58 (i) consists of paper or a card where the voter's votes are marked or recorded; and
59 (ii) can be counted using automatic tabulating equipment; and
60 (b) includes punch card ballots and other ballots that are machine-countable.
61 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
62 together with a staple or stitch in at least three places across the top of the paper in the blank
63 space reserved for securing the paper.
64 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
65 20A-4-306 to canvass election returns.
66 (9) "Bond election" means an election held for the purpose of approving or rejecting
67 the proposed issuance of bonds by a government entity.
68 (10) "Book voter registration form" means voter registration forms contained in a
69 bound book that are used by election officers and registration agents to register persons to vote.
70 (11) "Business reply mail envelope" means an envelope that may be mailed free of
71 charge by the sender.
72 (12) "By-mail voter registration form" means a voter registration form designed to be
73 completed by the voter and mailed to the election officer.
74 (13) "Canvass" means the review of election returns and the official declaration of
75 election results by the board of canvassers.
76 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
77 the canvass.
78 (15) "Contracting election officer" means an election officer who enters into a contract
79 or interlocal agreement with a provider election officer.
80 (16) "Convention" means the political party convention at which party officers and
81 delegates are selected.
82 (17) "Counting center" means one or more locations selected by the election officer in
83 charge of the election for the automatic counting of ballots.
84 (18) "Counting judge" means a poll worker designated to count the ballots during
85 election day.
86 (19) "Counting poll watcher" means a person selected as provided in Section
87 20A-3-201 to witness the counting of ballots.
88 (20) "Counting room" means a suitable and convenient private place or room,
89 immediately adjoining the place where the election is being held, for use by the poll workers
90 and counting judges to count ballots during election day.
91 (21) "County officers" means those county officers that are required by law to be
92 elected.
93 (22) "Date of the election" or "election day" or "day of the election":
94 (a) means the day that is specified in the calendar year as the day that the election
95 occurs; and
96 (b) does not include:
97 (i) deadlines established for absentee voting; or
98 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
99 Voting.
100 (23) "Elected official" means:
101 (a) a person elected to an office under Section 20A-1-303;
102 (b) a person who is considered to be elected to a municipal office in accordance with
103 Subsection 20A-1-206(1)(c)(ii); or
104 (c) a person who is considered to be elected to a local district office in accordance with
105 Subsection 20A-1-206(3)(c)(ii).
106 (24) "Election" means a regular general election, a municipal general election, a
107 statewide special election, a local special election, a regular primary election, a municipal
108 primary election, and a local district election.
109 (25) "Election Assistance Commission" means the commission established by [
110
111 L. No. 107-252.
112 (26) "Election cycle" means the period beginning on the first day persons are eligible to
113 file declarations of candidacy and ending when the canvass is completed.
114 (27) "Election judge" means a poll worker that is assigned to:
115 (a) preside over other poll workers at a polling place;
116 (b) act as the presiding election judge; or
117 (c) serve as a canvassing judge, counting judge, or receiving judge.
118 (28) "Election officer" means:
119 (a) the lieutenant governor, for all statewide ballots and elections;
120 (b) the county clerk for:
121 (i) a county ballot and election; and
122 (ii) a ballot and election as a provider election officer as provided in Section
123 20A-5-400.1 or 20A-5-400.5;
124 (c) the municipal clerk for:
125 (i) a municipal ballot and election; and
126 (ii) a ballot and election as a provider election officer as provided in Section
127 20A-5-400.1 or 20A-5-400.5;
128 (d) the local district clerk or chief executive officer for:
129 (i) a local district ballot and election; and
130 (ii) a ballot and election as a provider election officer as provided in Section
131 20A-5-400.1 or 20A-5-400.5; or
132 (e) the business administrator or superintendent of a school district for:
133 (i) a school district ballot and election; and
134 (ii) a ballot and election as a provider election officer as provided in Section
135 20A-5-400.1 or 20A-5-400.5.
136 (29) "Election official" means any election officer, election judge, or poll worker.
137 (30) "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 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
143 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
144 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
145 form, and the total votes cast form.
146 (32) "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 (33) "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 (34) (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 (35) "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 (36) "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 (37) "Judicial office" means the office filled by any judicial officer.
159 (38) "Judicial officer" means any justice or judge of a court of record or any county
160 court judge.
161 (39) "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 (40) "Local district officers" means those local district board members that are required
165 by law to be elected.
166 (41) "Local election" means a regular county election, a regular municipal election, a
167 municipal primary election, a local special election, a local district election, and a bond
168 election.
169 (42) "Local political subdivision" means a county, a municipality, a local district, or a
170 local school district.
171 (43) "Local special election" means a special election called by the governing body of a
172 local political subdivision in which all registered voters of the local political subdivision may
173 vote.
174 (44) "Municipal executive" means:
175 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
176 (b) the mayor in the council-manager form of government defined in Subsection
177 10-3b-103(7); or
178 (c) the chair of a metro township form of government defined in Section 10-3b-102.
179 (45) "Municipal general election" means the election held in municipalities and, as
180 applicable, local districts on the first Tuesday after the first Monday in November of each
181 odd-numbered year for the purposes established in Section 20A-1-202.
182 (46) "Municipal legislative body" means:
183 (a) the council of the city or town in any form of municipal government; or
184 (b) the council of a metro township.
185 (47) "Municipal office" means an elective office in a municipality.
186 (48) "Municipal officers" means those municipal officers that are required by law to be
187 elected.
188 (49) "Municipal primary election" means an election held to nominate candidates for
189 municipal office.
190 (50) "Official ballot" means the ballots distributed by the election officer to the poll
191 workers to be given to voters to record their votes.
192 (51) "Official endorsement" means:
193 (a) the information on the ballot that identifies:
194 (i) the ballot as an official ballot;
195 (ii) the date of the election; and
196 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
197 facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
198 (B) for a ballot prepared by a county clerk, the words required by Subsection
199 20A-6-301(1)(c)(iii); and
200 (b) the information on the ballot stub that identifies:
201 (i) the poll worker's initials; and
202 (ii) the ballot number.
203 (52) "Official register" means the official record furnished to election officials by the
204 election officer that contains the information required by Section 20A-5-401.
205 (53) "Paper ballot" means a paper that contains:
206 (a) the names of offices and candidates and statements of ballot propositions to be
207 voted on; and
208 (b) spaces for the voter to record the voter's vote for each office and for or against each
209 ballot proposition.
210 (54) "Pilot project" means the election day voter registration pilot project created in
211 Section 20A-4-108.
212 (55) "Political party" means an organization of registered voters that has qualified to
213 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
214 and Procedures.
215 (56) "Pollbook" means a record of the names of voters in the order that they appear to
216 cast votes.
217 (57) "Polling place" means the building where voting is conducted.
218 (58) (a) "Poll worker" means a person assigned by an election official to assist with an
219 election, voting, or counting votes.
220 (b) "Poll worker" includes election judges.
221 (c) "Poll worker" does not include a watcher.
222 (59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
223 in which the voter marks the voter's choice.
224 (60) "Primary convention" means the political party conventions held during the year
225 of the regular general election.
226 (61) "Protective counter" means a separate counter, which cannot be reset, that:
227 (a) is built into a voting machine; and
228 (b) records the total number of movements of the operating lever.
229 (62) "Provider election officer" means an election officer who enters into a contract or
230 interlocal agreement with a contracting election officer to conduct an election for the
231 contracting election officer's local political subdivision in accordance with Section
232 20A-5-400.1.
233 (63) "Provisional ballot" means a ballot voted provisionally by a person:
234 (a) whose name is not listed on the official register at the polling place;
235 (b) whose legal right to vote is challenged as provided in this title; or
236 (c) whose identity was not sufficiently established by a poll worker.
237 (64) "Provisional ballot envelope" means an envelope printed in the form required by
238 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
239 verify a person's legal right to vote.
240 (65) "Qualify" or "qualified" means to take the oath of office and begin performing the
241 duties of the position for which the person was elected.
242 (66) "Receiving judge" means the poll worker that checks the voter's name in the
243 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
244 after the voter has voted.
245 (67) "Registration form" means a book voter registration form and a by-mail voter
246 registration form.
247 (68) "Regular ballot" means a ballot that is not a provisional ballot.
248 (69) "Regular general election" means the election held throughout the state on the first
249 Tuesday after the first Monday in November of each even-numbered year for the purposes
250 established in Section 20A-1-201.
251 (70) "Regular primary election" means the election on the fourth Tuesday of June of
252 each even-numbered year, to nominate candidates of political parties and candidates for
253 nonpartisan local school board positions to advance to the regular general election.
254 (71) "Resident" means a person who resides within a specific voting precinct in Utah.
255 (72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
256 and distributed as provided in Section 20A-5-405.
257 (73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
258 punch the ballot for one or more candidates who are members of different political parties or
259 who are unaffiliated.
260 (74) "Secrecy envelope" means the envelope given to a voter along with the ballot into
261 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
262 the voter's vote.
263 (75) "Special election" means an election held as authorized by Section 20A-1-203.
264 (76) "Spoiled ballot" means each ballot that:
265 (a) is spoiled by the voter;
266 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
267 (c) lacks the official endorsement.
268 (77) "Statewide special election" means a special election called by the governor or the
269 Legislature in which all registered voters in Utah may vote.
270 (78) "Stub" means the detachable part of each ballot.
271 (79) "Substitute ballots" means replacement ballots provided by an election officer to
272 the poll workers when the official ballots are lost or stolen.
273 (80) "Ticket" means [
274
275 (a) political parties;
276 (b) candidates for an office; or
277 (c) ballot propositions.
278 (81) "Transfer case" means the sealed box used to transport voted ballots to the
279 counting center.
280 (82) "Vacancy" means the absence of a person to serve in any position created by
281 statute, whether that absence occurs because of death, disability, disqualification, resignation,
282 or other cause.
283 (83) "Valid voter identification" means:
284 (a) a form of identification that bears the name and photograph of the voter which may
285 include:
286 (i) a currently valid Utah driver license;
287 (ii) a currently valid identification card that is issued by:
288 (A) the state; or
289 (B) a branch, department, or agency of the United States;
290 (iii) a currently valid Utah permit to carry a concealed weapon;
291 (iv) a currently valid United States passport; or
292 (v) a currently valid United States military identification card;
293 (b) one of the following identification cards, whether or not the card includes a
294 photograph of the voter:
295 (i) a valid tribal identification card;
296 (ii) a Bureau of Indian Affairs card; or
297 (iii) a tribal treaty card; or
298 (c) two forms of identification not listed under Subsection (83)(a) or (b) but that bear
299 the name of the voter and provide evidence that the voter resides in the voting precinct, which
300 may include:
301 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
302 election;
303 (ii) a bank or other financial account statement, or a legible copy thereof;
304 (iii) a certified birth certificate;
305 (iv) a valid Social Security card;
306 (v) a check issued by the state or the federal government or a legible copy thereof;
307 (vi) a paycheck from the voter's employer, or a legible copy thereof;
308 (vii) a currently valid Utah hunting or fishing license;
309 (viii) certified naturalization documentation;
310 (ix) a currently valid license issued by an authorized agency of the United States;
311 (x) a certified copy of court records showing the voter's adoption or name change;
312 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
313 (xii) a currently valid identification card issued by:
314 (A) a local government within the state;
315 (B) an employer for an employee; or
316 (C) a college, university, technical school, or professional school located within the
317 state; or
318 (xiii) a current Utah vehicle registration.
319 (84) "Valid write-in candidate" means a candidate who has qualified as a write-in
320 candidate by following the procedures and requirements of this title.
321 (85) "Voter" means a person who:
322 (a) meets the requirements for voting in an election;
323 (b) meets the requirements of election registration;
324 (c) is registered to vote; and
325 (d) is listed in the official register book.
326 (86) "Voter registration deadline" means the registration deadline provided in Section
327 20A-2-102.5.
328 (87) "Voting area" means the area within six feet of the voting booths, voting
329 machines, and ballot box.
330 (88) "Voting booth" means:
331 (a) the space or compartment within a polling place that is provided for the preparation
332 of ballots, including the voting machine enclosure or curtain; or
333 (b) a voting device that is free standing.
334 (89) "Voting device" means:
335 (a) an apparatus in which ballot sheets are used in connection with a punch device for
336 piercing the ballots by the voter;
337 (b) a device for marking the ballots with ink or another substance;
338 (c) an electronic voting device or other device used to make selections and cast a ballot
339 electronically, or any component thereof;
340 (d) an automated voting system under Section 20A-5-302; or
341 (e) any other method for recording votes on ballots so that the ballot may be tabulated
342 by means of automatic tabulating equipment.
343 (90) "Voting machine" means a machine designed for the sole purpose of recording
344 and tabulating votes cast by voters at an election.
345 (91) "Voting poll watcher" means a person appointed as provided in this title to
346 witness the distribution of ballots and the voting process.
347 (92) "Voting precinct" means the smallest voting unit established as provided by law
348 within which qualified voters vote at one polling place.
349 (93) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
350 poll watcher, and a testing watcher.
351 (94) "Western States Presidential Primary" means the election established in Chapter 9,
352 Part 8, Western States Presidential Primary.
353 (95) "Write-in ballot" means a ballot containing any write-in votes.
354 (96) "Write-in vote" means a vote cast for a person whose name is not printed on the
355 ballot according to the procedures established in this title.
356 Section 2. Section 20A-6-101 is amended to read:
357 20A-6-101. General requirements for paper ballots.
358 (1) Each election officer shall ensure that paper ballots:
359 [
360 [
361 through which the printing or writing cannot be seen;
362 [
363 [
364 [
365 jurisdiction; and
366 [
367 cast a write-in vote and [
368 20A-9-601, a [
369
370
371
372 for a write-in candidate immediately following the last candidate listed on that ticket.
373 (2) Whenever the vote for candidates is to be limited to the voters of a particular
374 political division, the election officer shall ensure that the names of those candidates are
375 printed only upon those ballots provided to that political division.
376 Section 3. Section 20A-6-102 is amended to read:
377 20A-6-102. General requirements for machine counted ballots.
378 (1) Each election officer shall ensure that ballots and ballot labels are printed:
379 (a) to a size and arrangement that fits the construction of the voting device; and
380 (b) in plain, clear type in black ink on clear white stock; or
381 (c) in plain, clear type in black ink on stock of different colors if it is necessary to:
382 (i) identify different ballots or parts of the ballot; or
383 (ii) differentiate between political parties.
384 (2) Each election officer shall ensure that:
385 (a) ballot sheets are of a size, design, and stock suitable for processing by automatic
386 data processing machines;
387 (b) each ballot sheet has an attached perforated stub, on which is printed the words
388 "Official Ballot, (initial) Poll Worker"; and
389 (c) ballot stubs are numbered consecutively.
390 (3) [
391 [
392 shall [
393
394
395
396 following the last candidate listed on that ticket.
397 (4) Notwithstanding any other provisions of this section, the election officer may
398 authorize any ballots that are to be counted by means of electronic or electromechanical
399 devices to be printed to a size, layout, texture, and in any type of ink or combination of inks
400 that will be suitable for use in the counting devices in which they are intended to be placed.
401 Section 4. Section 20A-6-301 is amended to read:
402 20A-6-301. Paper ballots -- Regular general election.
403 (1) Each election officer shall ensure that:
404 (a) all paper ballots furnished for use at the regular general election contain:
405 (i) no captions or other endorsements except as provided in this section;
406 (ii) no symbols, markings, or other descriptions of a political party or group, except for
407 a registered political party that has chosen to nominate its candidates in accordance with
408 Section 20A-9-403; and
409 (iii) no indication that a candidate for elective office has been nominated by, or has
410 been endorsed by, or is in any way affiliated with a political party or group, unless the
411 candidate has been nominated by a registered political party in accordance with Subsection
412 20A-9-202(4) or Subsection 20A-9-403(5).
413 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
414 top of the ballot, and divided from the rest of ballot by a perforated line;
415 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
416 stub; and
417 (iii) ballot stubs are numbered consecutively;
418 (c) immediately below the perforated ballot stub, the following endorsements are
419 printed in 18 point bold type:
420 (i) "Official Ballot for ____ County, Utah";
421 (ii) the date of the election; and
422 (iii) the words "Clerk of __________ County" or, as applicable, the name of a
423 combined office that includes the duties of a county clerk;
424 [
425
426
427 [
428 inch high;
429 [
430
431 [
432 party, and all other candidates for elective office who were not nominated by a registered
433 political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are
434 listed [
435 in accordance with Section 20A-6-305, without a party [
436
437 the following statement at the bottom of the ticket: "This candidate is not affiliated with, or
438 does not qualify to be listed on the ballot as affiliated with, a political party [
439
440
441 [
442 name and device, are separated by heavy parallel lines;
443 (i) the offices to be filled are plainly printed immediately above the names of the
444 candidates for those offices;
445 (j) the names of candidates are printed in capital letters, not less than one-eighth nor
446 more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
447 lines or rules three-eighths of an inch apart; and
448 [
449
450 [
451
452
453
454 [
455 write-in vote and [
456
457
458
459 [
460
461 [
462
463
464 (i) the ballot includes a space for a write-in candidate immediately following the last
465 candidate listed on that ticket; or
466 [
467 governor, [
468 immediately following the last candidates on that ticket, one placed above the other, to enable
469 the entry of two valid write-in candidates[
470
471
472 [
473
474 [
475
476
477
478 [
479
480 (2) Each election officer shall ensure that:
481 (a) each person nominated by any registered political party under Subsection
482 20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:
483 (i) under the registered political party's name [
484 (ii) under the title of the registered political party as designated by them in their
485 certificates of nomination or petition, or, if none is designated, then under some suitable title;
486 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
487 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
488 (c) the names of the candidates for president and vice president are used on the ballot
489 instead of the names of the presidential electors; and
490 (d) the ballots contain no other names.
491 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
492 that:
493 (a) the designation of the office to be filled in the election and the number of
494 candidates to be elected are printed in type not smaller than eight point;
495 (b) the words designating the office are printed flush with the left-hand margin;
496 (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
497 which the voter may vote)" extend to the extreme right of the column;
498 (d) the nonpartisan candidates are grouped according to the office for which they are
499 candidates;
500 (e) the names in each group are placed in the order specified under Section 20A-6-305
501 with the surnames last; and
502 (f) each group is preceded by the designation of the office for which the candidates
503 seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
504 candidates for which the voter may vote)," according to the number to be elected.
505 (4) Each election officer shall ensure that:
506 (a) proposed amendments to the Utah Constitution are listed on the ballot in
507 accordance with Section 20A-6-107;
508 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
509 with Section 20A-6-107; and
510 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
511 title assigned to each bond proposition under Section 11-14-206.
512 Section 5. Section 20A-6-303 is amended to read:
513 20A-6-303. Regular general election -- Ballot sheets.
514 (1) Each election officer shall ensure that:
515 (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
516 approximately the same order as paper ballots;
517 [
518
519 [
520 to include, after the list of candidates:
521 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
522 (ii) any ballot propositions submitted to the voters for their approval or rejection;
523 [
524
525
526 [
527
528 [
529 [
530 as to indicate clearly the candidates for each office and the number to be elected;
531 [
532 registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is printed
533 immediately adjacent to the candidate's name; and
534 [
535 one page;
536 (ii) if all candidates for one office cannot be listed in one column or grouped on one
537 page:
538 (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
539 candidates is continued on the following column or page; and
540 (B) approximately the same number of names shall be printed in each column or on
541 each page.
542 (2) Each election officer shall ensure that:
543 (a) proposed amendments to the Utah Constitution are listed in accordance with
544 Section 20A-6-107;
545 (b) ballot propositions submitted to the voters are listed in accordance with Section
546 20A-6-107; and
547 (c) bond propositions that have qualified for the ballot are listed under the title
548 assigned to each bond proposition under Section 11-14-206.
549 Section 6. Section 20A-6-304 is amended to read:
550 20A-6-304. Regular general election -- Electronic ballots.
551 (1) Each election officer shall ensure that:
552 (a) the format and content of the electronic ballot is arranged in approximately the
553 same order as paper ballots;
554 (b) the titles of offices and the names of candidates are displayed in vertical columns or
555 in a series of separate display screens;
556 (c) the electronic ballot is of sufficient length to include, after the list of candidates:
557 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
558 (ii) any ballot propositions submitted to the voters for their approval or rejection;
559 [
560
561
562 [
563
564 [
565 [
566 as to indicate clearly the candidates for each office and the number to be elected;
567 [
568 registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is
569 displayed adjacent to the candidate's name; and
570 [
571 one display screen.
572 (2) Each election officer shall ensure that:
573 (a) proposed amendments to the Utah Constitution are displayed in accordance with
574 Section 20A-6-107;
575 (b) ballot propositions submitted to the voters are displayed in accordance with Section
576 20A-6-107; and
577 (c) bond propositions that have qualified for the ballot are displayed under the title
578 assigned to each bond proposition under Section 11-14-206.
579 Section 7. Section 20A-6-305 is amended to read:
580 20A-6-305. Master ballot position list -- Random selection -- Procedures --
581 Publication -- Surname -- Exemptions -- Ballot order.
582 (1) As used in this section, "master ballot position list" means an official list of the 26
583 characters in the alphabet listed in random order and numbered from one to 26 as provided
584 under Subsection (2).
585 (2) The lieutenant governor shall:
586 (a) by November 15 in the year before each regular general election, conduct a random
587 selection to establish the master ballot position list for the next year and the year following in
588 accordance with procedures established under Subsection (2)(c);
589 (b) publish the master ballot position lists on the lieutenant governor's election website
590 on or before November 15 in the year before each regular general election; and
591 (c) establish written procedures for:
592 (i) the election official to use the master ballot position list; and
593 (ii) the lieutenant governor in:
594 (A) conducting the random selection in a fair manner; and
595 (B) providing a record of the random selection process used.
596 (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
597 election officer shall use the master ballot position list for the current year to determine the
598 order in which to list candidates on the ballot for an election held during the year.
599 (4) To determine the order in which to list candidates on the ballot required under
600 Subsection (3), the election officer shall apply the randomized alphabet using:
601 (a) the candidate's surname;
602 (b) for candidates with a surname that has the same spelling, the candidate's given
603 name;
604 (c) the surname of the president and the surname of the governor for an election for the
605 offices of president and vice president and governor and lieutenant governor; and
606 (d) if the ballot provides for a ticket or a straight party ticket, the registered political
607 party name.
608 (5) [
609 (a) an election for an office for which only one candidate is listed on the ballot; or
610 (b) a judicial retention election under Section 20A-12-201.
611 (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
612 appear separately, in the following order:
613 (a) a straight party ticket, where the voter may, with one mark, vote for all candidates
614 of one political party;
615 (b) for federal office:
616 (i) president and vice president of the United States;
617 (ii) United States Senate office; and
618 (iii) United States House of Representatives office;
619 (c) for state office:
620 (i) governor and lieutenant governor;
621 (ii) attorney general;
622 (iii) state auditor;
623 (iv) state treasurer;
624 (v) state Senate office;
625 (vi) state House of Representatives office; and
626 (vii) State Board of Education member;
627 (d) for county office:
628 (i) county executive office;
629 (ii) county legislative body member;
630 (iii) county assessor;
631 (iv) county or district attorney;
632 (v) county auditor;
633 (vi) county clerk;
634 (vii) county recorder;
635 (viii) county sheriff;
636 (ix) county surveyor;
637 (x) county treasurer; and
638 (xi) local school board member;
639 (e) for municipal office:
640 (i) mayor; and
641 (ii) city or town council member;
642 (f) elected planning and service district council member;
643 (g) judicial retention questions; and
644 (h) ballot propositions not described in Subsection (6)(g).
645 (7) (a) A ticket for a race for a combined office shall appear on the ballot in the place
646 of the earliest ballot ticket position that is reserved for an office that is subsumed in the
647 combined office.
648 (b) Each ticket, other than a ticket described in Subsection (6)(g), shall list:
649 (i) each candidate in accordance with Subsections (1) through (4); and
650 (ii) except as otherwise provided in this title, the party name, initials, or title following
651 each candidate's name.
652 Section 8. Section 20A-9-406 is amended to read:
653 20A-9-406. Qualified political party -- Requirements and exemptions.
654 The following provisions apply to a qualified political party:
655 (1) the qualified political party shall, no later than 5 p.m. on March 1 of each
656 even-numbered year, certify to the lieutenant governor the identity of one or more registered
657 political parties whose members may vote for the qualified political party's candidates;
658 (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
659 20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
660 political party;
661 (3) an individual may only seek the nomination of the qualified political party by using
662 a method described in Section 20A-9-407, Section 20A-9-408, or both;
663 (4) the qualified political party shall comply with the provisions of Sections
664 20A-9-407, 20A-9-408, and 20A-9-409;
665 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
666 shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
667 qualified political party:
668 (a) under the qualified political party's name [
669 (b) under the title of the qualified registered political party as designated by the
670 qualified political party in the certification described in Subsection (1), or, if none is
671 designated, then under some suitable title;
672 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
673 paper ballots in regular general elections, that each candidate who is nominated by the qualified
674 political party is listed by party;
675 (7) notwithstanding Subsection 20A-6-303(1)[
676 that the party designation of each candidate who is nominated by the qualified political party is
677 printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
678 (8) notwithstanding Subsection 20A-6-304(1)[
679 that the party designation of each candidate who is nominated by the qualified political party is
680 displayed adjacent to the candidate's name on an electronic ballot;
681 (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
682 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
683 20A-9-408 to run in a regular general election for a federal office, constitutional office,
684 multicounty office, or county office;
685 (10) an individual who is nominated by, or seeking the nomination of, the qualified
686 political party is not required to comply with Subsection 20A-9-201(1)(c);
687 (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
688 to have each of the qualified political party's candidates for elective office appear on the
689 primary ballot of the qualified political party with an indication that each candidate is a
690 candidate for the qualified political party;
691 (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
692 on the list provided by the lieutenant governor to the county clerks:
693 (a) the names of all candidates of the qualified political party for federal, constitutional,
694 multicounty, and county offices; and
695 (b) the names of unopposed candidates for elective office who have been nominated by
696 the qualified political party and instruct the county clerks to exclude such candidates from the
697 primary-election ballot;
698 (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
699 elective office in the regular primary election of the qualified political party is nominated by
700 the party for that office without appearing on the primary ballot; and
701 (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
702 20A-9-405, the qualified political party is entitled to have the names of its candidates for
703 elective office featured with party affiliation on the ballot at a regular general election.