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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code to provide for ranked choice voting in
10 races for certain offices where more than two candidates are seeking the same office or
11 the nomination of the same political party for the same office.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ provides for ranked choice voting in primary races for certain offices where more
16 than two candidates are seeking the same office or the nomination of the same
17 political party for the same office;
18 ▸ provides that a candidate in a race that is subject to ranked choice voting must
19 receive more than 50% of the valid votes cast, in accordance with the ranked choice
20 voting process described in this bill, to receive the nomination or win the office, as
21 applicable;
22 ▸ describes the ballot for ranked choice voting and provides instructions for voting the
23 ballot;
24 ▸ describes the procedures to be used in canvassing and evaluating ballots in a race
25 conducted by ranked choice voting, including procedures for eliminating a
26 candidate in each phase of a ranked choice vote canvass;
27 ▸ describes requirements for forms and records; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a special effective date.
33 Utah Code Sections Affected:
34 AMENDS:
35 10-2a-215, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
36 amended by Laws of Utah 2015, Chapter 352 and last amended by Coordination
37 Clause, Laws of Utah 2015, Chapter 352
38 10-2a-305.2, as enacted by Laws of Utah 2015, Chapter 111 and last amended by
39 Coordination Clause, Laws of Utah 2015, Chapter 352
40 10-2a-411, as last amended by Laws of Utah 2016, Chapter 14
41 10-3-208, as last amended by Laws of Utah 2016, Chapters 94 and 409
42 17B-1-303, as last amended by Laws of Utah 2016, Chapter 233
43 17B-1-306, as last amended by Laws of Utah 2014, Chapters 362 and 377
44 20A-1-102, as last amended by Laws of Utah 2016, Chapters 28, 66, and 176
45 20A-1-201.5, as last amended by Laws of Utah 2015, Chapters 296 and 352
46 20A-1-303, as enacted by Laws of Utah 1993, Chapter 1
47 20A-2-101, as last amended by Laws of Utah 2011, Chapter 395
48 20A-3-101, as last amended by Laws of Utah 2008, Chapter 276
49 20A-3-105, as last amended by Laws of Utah 2007, Chapter 75
50 20A-3-201, as last amended by Laws of Utah 2009, Chapter 388
51 20A-3-601, as last amended by Laws of Utah 2015, Chapter 79
52 20A-3-603, as last amended by Laws of Utah 2013, Chapter 182
53 20A-3-605, as last amended by Laws of Utah 2013, Chapter 320
54 20A-4-101, as last amended by Laws of Utah 2008, Chapter 225
55 20A-4-102, as last amended by Laws of Utah 2002, Chapter 177
56 20A-4-105, as last amended by Laws of Utah 2013, Chapter 390
57 20A-4-106, as last amended by Laws of Utah 2012, Chapter 251
58 20A-4-301, as last amended by Laws of Utah 2014, Chapter 377
59 20A-4-304, as last amended by Laws of Utah 2012, Chapter 309
60 20A-4-306, as last amended by Laws of Utah 2011, Third Special Session, Chapter 2
61 20A-4-401, as last amended by Laws of Utah 2013, Chapter 92
62 20A-5-302, as last amended by Laws of Utah 2007, Chapters 256 and 329
63 20A-5-401, as last amended by Laws of Utah 2009, Chapter 45
64 20A-5-404, as last amended by Laws of Utah 2001, Chapter 9
65 20A-5-406, as last amended by Laws of Utah 2015, Chapter 392
66 20A-6-203, as last amended by Laws of Utah 2006, Chapter 326
67 20A-6-301, as last amended by Laws of Utah 2016, Chapter 66
68 20A-6-402, as last amended by Laws of Utah 2016, Chapter 176
69 20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
70 20A-9-409, as enacted by Laws of Utah 2014, Chapter 17
71 20A-13-301, as last amended by Laws of Utah 2011, Third Special Session, Chapter 2
72 20A-13-302, as last amended by Laws of Utah 2001, Chapter 78
73 20A-16-402, as last amended by Laws of Utah 2013, Chapter 198
74 63I-1-220, as last amended by Laws of Utah 2016, Chapters 176 and 348
75 ENACTS:
76 20A-4-303.5, Utah Code Annotated 1953
77 20A-6-203.5, Utah Code Annotated 1953
78 67-1a-15, Utah Code Annotated 1953
79 REPEALS AND REENACTS:
80 20A-1-304, as last amended by Laws of Utah 2001, Chapter 20
81 REPEALS:
82 20A-6-401, as last amended by Laws of Utah 2016, Chapter 176
83 20A-6-401.1, as last amended by Laws of Utah 2013, Chapter 320
84 20A-9-404, as last amended by Laws of Utah 2013, Chapter 402
85
86 Be it enacted by the Legislature of the state of Utah:
87 Section 1. Section 10-2a-215 is amended to read:
88 10-2a-215. Election of officers of new city -- Primary and final election dates --
89 County clerk duties -- Candidate duties -- Occupation of office.
90 (1) For the election of city officers, the county legislative body shall[
91
92 unless the election may be cancelled in accordance with Section 20A-1-206, hold [
93 election.
94 (2) Each election under Subsection (1) shall be:
95 (a) appropriate to the form of government chosen by the voters at the incorporation
96 election;
97 (b) consistent with the voters' decision about whether to elect commission or council
98 members by district and, if applicable, consistent with the boundaries of those districts as
99 determined by the petition sponsors; and
100 (c) consistent with the sponsors' determination of the number of commission or council
101 members to be elected and the length of their initial term.
102 [
103
104 [
105
106 [
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108 [
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112
113 [
114 [
115 [
116 under Subsection (1)[
117 (i) a regular general election under Section 20A-1-201;
118 [
119 [
120 [
121 (b) The county shall hold the [
122 that:
123 (i) is listed in Subsection [
124 [
125 [
126 (ii) that is at least:
127 (A) 75 days after the incorporation election under Section 10-2a-210; and
128 (B) 65 days after the candidate filing period.
129 [
130 (A) at least once a week for two successive weeks in a newspaper of general circulation
131 within the future city; and
132 (B) in accordance with Section 45-1-101 for two weeks.
133 (ii) The later notice under Subsection [
134 more than seven days before the election.
135 (b) (i) In accordance with Subsection [
136 general circulation within the future city, the county clerk shall post at least one notice of the
137 election per 1,000 population in conspicuous places within the future city that are most likely
138 to give notice of the election to the voters.
139 (ii) The county clerk shall post the notices under Subsection [
140 seven days before each election under Subsection (1).
141 [
142 (i) is the election officer for all purposes in an election of officers of the city approved
143 at an incorporation election; and
144 (ii) may, as necessary, determine appropriate deadlines, procedures, and instructions
145 that are not otherwise contrary to law.
146 (b) The county clerk shall require and determine deadlines for the filing of campaign
147 financial disclosures of city officer candidates in accordance with Section 10-3-208.
148 (c) The county clerk is responsible to ensure that:
149 (i) a primary or final election for the officials of a newly incorporated city is held on a
150 date authorized by this section; and
151 (ii) the ballot for the election includes each office that is required to be included in the
152 election for officers of the newly incorporated city and the term of each office.
153 [
154 shall comply with the campaign finance disclosure requirements of Section 10-3-208 and
155 requirements and deadlines as lawfully set forth by the county clerk.
156 [
157 described in Subsection [
158 (a) after taking the oath of office; and
159 (b) at noon on the first Monday following the day on which the election official
160 transmits a certificate of nomination or election under the officer's seal to each elected
161 candidate in accordance with Subsection 20A-4-304(2)(c)(ii).
162 Section 2. Section 10-2a-305.2 is amended to read:
163 10-2a-305.2. Election of officers of new town -- Primary and final election dates --
164 County clerk duties -- Candidate duties -- Occupation of office.
165 (1) For the election of town officers, the county legislative body shall[
166
167 hold a final election unless the election may be cancelled in accordance with Section
168 20A-1-206.
169 (2) Each election under Subsection (1) shall be consistent with the petition sponsors'
170 determination of the length of each council member's initial term.
171 [
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185 under Subsection (1)[
186 (i) a regular general election under Section 20A-1-201;
187 [
188 [
189 [
190 (b) The county shall hold the final election on the next earliest election date that:
191 (i) is listed in Subsection [
192 [
193 [
194 (ii) is at least:
195 (A) 75 days after the incorporation election under Section 10-2a-210; and
196 (B) 65 days after the candidate filing period.
197 [
198 (A) at least once a week for two successive weeks in a newspaper of general circulation
199 within the future town; and
200 (B) in accordance with Section 45-1-101 for two weeks.
201 (ii) The later notice under Subsection [
202 more than seven days before the election.
203 (b) (i) In accordance with Subsection [
204 general circulation within the future town, the county clerk shall post at least one notice of the
205 election per 1,000 population in conspicuous places within the future town that are most likely
206 to give notice of the election to the voters.
207 (ii) The county clerk shall post the notices under Subsection [
208 seven days before an election under Subsection (1)[
209 [
210 (i) is the election officer for all purposes in an election of officers of the town approved
211 at an incorporation election; and
212 (ii) may, as necessary, determine appropriate deadlines, procedures, and instructions
213 that are not otherwise contrary to law.
214 (b) The county clerk shall require and determine deadlines for the filing of campaign
215 financial disclosures of town officer candidates in accordance with Section 10-3-208.
216 (c) The county clerk is responsible to ensure that:
217 (i) a primary or final election for the officials of a newly incorporated town is held on a
218 date authorized by this section; and
219 (ii) the ballot for the election includes each office that is required to be included in the
220 election for officers of the newly incorporated town and the term of each office.
221 [
222 shall comply with the campaign finance disclosure requirements of Section 10-3-208 and
223 requirements and deadlines as lawfully set forth by the county clerk.
224 [
225 described in Subsection [
226 (a) after taking the oath of office; and
227 (b) at noon on the first Monday following the day on which the election official
228 transmits a certificate of nomination or election under the officer's seal to each elected
229 candidate in accordance with Subsection 20A-4-304(2)(c)(ii).
230 Section 3. Section 10-2a-411 is amended to read:
231 10-2a-411. Election of officers of new city, town, or metro township.
232 (1) For the election of the initial office holders of a metro township, city, or town,
233 respectively, incorporated under Section 10-2a-404, the county legislative body shall[
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235
236
237 regular general election date following the election to incorporate.
238 (2) The number of officers elected under Subsection (1):
239 (a) for a metro township, regardless of the metro township's population, shall be
240 consistent with the number of council members described in Subsection 10-2a-404(1)(b)(i); or
241 (b) for a city or town, shall be consistent with the number of council members,
242 including the city mayor as a member of a city council, described in Subsection
243 10-2a-404(1)(b)(ii).
244 (3) (a) Until the metro township, city, or town is incorporated, the county clerk is the
245 election officer for all purposes in an election of officers of the metro township, city, or town.
246 (b) The county clerk is responsible to ensure that:
247 (i) if applicable, the primary election described in Subsection (1)(a) is held on the date
248 described in Subsection (1)(a);
249 (ii) the final election described in Subsection (1)(b) is held on the date described in
250 Subsection (1)(b); and
251 (iii) the ballot for each election includes each office that is required to be included for
252 officials in the metro township, city, or town, and the length of term of each office.
253 (4) The officers elected at an election described in Subsection (1)(b) shall take office at
254 noon on the first Monday in January next following the election.
255 Section 4. Section 10-3-208 is amended to read:
256 10-3-208. Campaign finance disclosure in municipal election.
257 (1) Unless a municipality adopts by ordinance more stringent definitions, the following
258 are defined terms for purposes of this section:
259 (a) "Agent of a candidate" means:
260 (i) a person acting on behalf of a candidate at the direction of the reporting entity;
261 (ii) a person employed by a candidate in the candidate's capacity as a candidate;
262 (iii) the personal campaign committee of a candidate;
263 (iv) a member of the personal campaign committee of a candidate in the member's
264 capacity as a member of the personal campaign committee of the candidate; or
265 (v) a political consultant of a candidate.
266 (b) "Anonymous contribution limit" means for each calendar year:
267 (i) $50; or
268 (ii) an amount less than $50 that is specified in an ordinance of the municipality.
269 (c) (i) "Candidate" means a person who:
270 (A) files a declaration of candidacy for municipal office; or
271 (B) receives contributions, makes expenditures, or gives consent for any other person
272 to receive contributions or make expenditures to bring about the person's nomination or
273 election to a municipal office.
274 (ii) "Candidate" does not mean a person who files for the office of judge.
275 (d) (i) "Contribution" means any of the following when done for political purposes:
276 (A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
277 value given to a candidate;
278 (B) an express, legally enforceable contract, promise, or agreement to make a gift,
279 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
280 anything of value to the candidate;
281 (C) any transfer of funds from another reporting entity to the candidate;
282 (D) compensation paid by any person or reporting entity other than the candidate for
283 personal services provided without charge to the candidate;
284 (E) a loan made by a candidate deposited to the candidate's own campaign; and
285 (F) an in-kind contribution.
286 (ii) "Contribution" does not include:
287 (A) services provided by an individual volunteering a portion or all of the individual's
288 time on behalf of the candidate if the services are provided without compensation by the
289 candidate or any other person;
290 (B) money lent to the candidate by a financial institution in the ordinary course of
291 business; or
292 (C) goods or services provided for the benefit of a candidate at less than fair market
293 value that are not authorized by or coordinated with the candidate.
294 (e) "Coordinated with" means that goods or services provided for the benefit of a
295 candidate are provided:
296 (i) with the candidate's prior knowledge, if the candidate does not object;
297 (ii) by agreement with the candidate;
298 (iii) in coordination with the candidate; or
299 (iv) using official logos, slogans, and similar elements belonging to a candidate.
300 (f) (i) "Expenditure" means any of the following made by a candidate or an agent of the
301 candidate on behalf of the candidate:
302 (A) any disbursement from contributions, receipts, or from an account described in
303 Subsection (3)(a)(i);
304 (B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
305 or anything of value made for political purposes;
306 (C) an express, legally enforceable contract, promise, or agreement to make any
307 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
308 value for a political purpose;
309 (D) compensation paid by a candidate for personal services rendered by a person
310 without charge to a reporting entity;
311 (E) a transfer of funds between the candidate and a candidate's personal campaign
312 committee as defined in Section 20A-11-101; or
313 (F) goods or services provided by a reporting entity to or for the benefit of the
314 candidate for political purposes at less than fair market value.
315 (ii) "Expenditure" does not include:
316 (A) services provided without compensation by an individual volunteering a portion or
317 all of the individual's time on behalf of a candidate; or
318 (B) money lent to a candidate by a financial institution in the ordinary course of
319 business.
320 (g) "In-kind contribution" means anything of value other than money, that is accepted
321 by or coordinated with a candidate.
322 (h) (i) "Political consultant" means a person who is paid by a candidate, or paid by
323 another person on behalf of and with the knowledge of the candidate, to provide political
324 advice to the candidate.
325 (ii) "Political consultant" includes a circumstance described in Subsection (1)(h)(i),
326 where the person:
327 (A) has already been paid, with money or other consideration;
328 (B) expects to be paid in the future, with money or other consideration; or
329 (C) understands that the person may, in the discretion of the candidate or another
330 person on behalf of and with the knowledge of the candidate, be paid in the future, with money
331 or other consideration.
332 (i) "Political purposes" means an act done with the intent or in a way to influence or
333 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
334 against any candidate or a person seeking a municipal office at any caucus, political
335 convention, or election.
336 (j) "Reporting entity" means:
337 (i) a candidate;
338 (ii) a committee appointed by a candidate to act for the candidate;
339 (iii) a person who holds an elected municipal office;
340 (iv) a party committee as defined in Section 20A-11-101;
341 (v) a political action committee as defined in Section 20A-11-101;
342 (vi) a political issues committee as defined in Section 20A-11-101;
343 (vii) a corporation as defined in Section 20A-11-101; or
344 (viii) a labor organization as defined in Section 20A-11-1501.
345 (2) (a) A municipality may adopt an ordinance establishing campaign finance
346 disclosure requirements for a candidate that are more stringent than the requirements provided
347 in Subsections (3) and (4).
348 (b) The municipality may adopt definitions that are more stringent than those provided
349 in Subsection (1).
350 (c) If a municipality fails to adopt a campaign finance disclosure ordinance described
351 in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
352 in Subsections (3) and (4).
353 (3) (a) Each candidate:
354 (i) shall deposit a contribution in a separate campaign account in a financial institution;
355 and
356 (ii) may not deposit or mingle any campaign contributions received into a personal or
357 business account.
358 [
359
360
361 [
362 file with the municipal clerk or recorder a campaign finance statement:
363 (i) no later than seven days before the day on which the municipal general election is
364 held; and
365 (ii) no later than 30 days after the day on which the municipal general election is held.
366 [
367
368
369 (4) Each campaign finance statement described in Subsection (3) shall:
370 (a) except as provided in Subsection (4)(b):
371 (i) report all of the candidate's itemized and total:
372 (A) contributions, including in-kind and other nonmonetary contributions, received up
373 to and including five days before the campaign finance statement is due, excluding a
374 contribution previously reported; and
375 (B) expenditures made up to and including five days before the campaign finance
376 statement is due, excluding an expenditure previously reported; and
377 (ii) identify:
378 (A) for each contribution, the amount of the contribution and the name of the donor, if
379 known; and
380 (B) for each expenditure, the amount of the expenditure and the name of the recipient
381 of the expenditure; or
382 (b) report the total amount of all contributions and expenditures if the candidate
383 receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
384 (c) Within 30 days after receiving a contribution that is cash or a negotiable instrument,
385 exceeds the anonymous contribution limit, and is from a donor whose name is unknown, a
386 candidate shall disburse the amount of the contribution to:
387 (i) the treasurer of the state or a political subdivision for deposit into the state's or
388 political subdivision's general fund; or
389 (ii) an organization that is exempt from federal income taxation under Section
390 501(c)(3), Internal Revenue Code.
391 (5) (a) A municipality may, by ordinance:
392 (i) provide an anonymous contribution limit less than $50;
393 (ii) require greater disclosure of contributions or expenditures than is required in this
394 section; and
395 (iii) impose additional penalties on candidates who fail to comply with the applicable
396 requirements beyond those imposed by this section.
397 (b) A candidate is subject to the provisions of this section and not the provisions of an
398 ordinance adopted by the municipality under Subsection (5)(a) if:
399 (i) the municipal ordinance establishes requirements or penalties that differ from those
400 established in this section; and
401 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
402 ordinance as required in Subsection (6).
403 (6) Each municipal clerk or recorder shall, at the time the candidate for municipal
404 office files a declaration of candidacy, and again 14 days before each municipal general
405 election, notify the candidate in writing of:
406 (a) the provisions of statute or municipal ordinance governing the disclosure of
407 contributions and expenditures;
408 (b) the dates when the candidate's campaign finance statement is required to be filed;
409 and
410 (c) the penalties that apply for failure to file a timely campaign finance statement,
411 including the statutory provision that requires removal of the candidate's name from the ballot
412 for failure to file the required campaign finance statement when required.
413 (7) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
414 Access and Management Act, the municipal clerk or recorder shall:
415 (a) make each campaign finance statement filed by a candidate available for public
416 inspection and copying no later than one business day after the statement is filed; and
417 (b) make the campaign finance statement filed by a candidate available for public
418 inspection by:
419 (i) (A) posting an electronic copy or the contents of the statement on the municipality's
420 website no later than seven business days after the statement is filed; and
421 (B) verifying that the address of the municipality's website has been provided to the
422 lieutenant governor in order to meet the requirements of Subsection 20A-11-103(5); or
423 (ii) submitting a copy of the statement to the lieutenant governor for posting on the
424 website established by the lieutenant governor under Section 20A-11-103 no later than two
425 business days after the statement is filed.
426 (8) (a) If a candidate fails to timely file a campaign finance statement required under
427 Subsection (3), the municipal clerk or recorder shall inform the appropriate election official
428 who:
429 (i) shall:
430 (A) if practicable, remove the candidate's name from the ballot by blacking out the
431 candidate's name before the ballots are delivered to voters; or
432 (B) if removing the candidate's name from the ballot is not practicable, inform the
433 voters by any practicable method that the candidate has been disqualified and that votes cast for
434 the candidate will not be counted; and
435 (ii) may not count any votes for that candidate.
436 (b) Notwithstanding Subsection (8)(a), a candidate who timely files each campaign
437 finance statement required under Subsection (3) is not disqualified if:
438 (i) the statement details accurately and completely the information required under
439 Subsection (4), except for inadvertent omissions or insignificant errors or inaccuracies; and
440 (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
441 next scheduled report.
442 (9) A campaign finance statement required under this section is considered filed if it is
443 received in the municipal clerk or recorder's office by 5 p.m. on the date that it is due.
444 (10) (a) A private party in interest may bring a civil action in district court to enforce
445 the provisions of this section or an ordinance adopted under this section.
446 (b) In a civil action under Subsection (10)(a), the court may award costs and attorney
447 fees to the prevailing party.
448 Section 5. Section 17B-1-303 is amended to read:
449 17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
450 of board member contact information.
451 (1) (a) Except as provided in Subsections (1)(b) and (c), the term of each member of a
452 board of trustees shall begin at noon on the January 1 following the member's election or
453 appointment.
454 (b) The term of each member of the initial board of trustees of a newly created local
455 district shall begin:
456 (i) upon appointment, for an appointed member; and
457 (ii) upon the member taking the oath of office after the canvass of the election at which
458 the member is elected, for an elected member.
459 (c) The term of each water conservancy district board member appointed by the
460 governor as provided in Subsection 17B-2a-1005(2)(c) shall:
461 (i) begin on the later of the following:
462 (A) the date on which the Senate consents to the appointment; or
463 (B) the expiration date of the prior term; and
464 (ii) end on the February 1 that is approximately four years after the date described in
465 Subsection (1)(c)(i)(A) or (B).
466 (2) (a) (i) Except as provided in Subsection (8), and subject to Subsection (2)(a)(ii), the
467 term of each member of a board of trustees shall be four years, except that approximately half
468 the members of the initial board of trustees, chosen by lot, shall serve a two-year term so that
469 the term of approximately half the board members expires every two years.
470 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
471 district do not begin on January 1 because of application of Subsection (1)(b), the terms of
472 those members shall be adjusted as necessary, subject to Subsection (2)(a)(ii)(B), to result in
473 the terms of their successors complying with:
474 (I) the requirement under Subsection (1)(a) for a term to begin on January 1 following
475 a member's election or appointment; and
476 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
477 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
478 subtract more than a year from a member's term.
479 (b) Each board of trustees member shall serve until a successor is duly elected or
480 appointed and qualified, unless the member earlier is removed from office or resigns or
481 otherwise leaves office.
482 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
483 17B-1-302(1), or if the member's term expires without a duly elected or appointed successor:
484 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
485 (ii) the member may continue to serve until a successor is duly elected or appointed
486 and qualified.
487 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
488 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
489 (ii) An oath of office may be administered by a judge, county clerk, notary public, or
490 the local district clerk.
491 (b) Each oath of office shall be filed with the clerk of the local district.
492 (c) The failure of a board of trustees member to take the oath required by Subsection
493 (3)(a) does not invalidate any official act of that member.
494 (4) A board of trustees member is not limited in the number of terms the member may
495 serve.
496 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
497 position shall be filled as provided in Section 20A-1-512.
498 (6) (a) For purposes of this Subsection (6):
499 (i) "Appointed official" means a person who:
500 (A) is appointed as a member of a local district board of trustees by a county or
501 municipality entitled to appoint a member to the board; and
502 (B) holds an elected position with the appointing county or municipality.
503 (ii) "Appointing entity" means the county or municipality that appointed the appointed
504 official to the board of trustees.
505 (b) The board of trustees shall declare a midterm vacancy for the board position held
506 by an appointed official if:
507 (i) during the appointed official's term on the board of trustees, the appointed official
508 ceases to hold the elected position with the appointing entity; and
509 (ii) the appointing entity submits a written request to the board to declare the vacancy.
510 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
511 appointing entity shall appoint another person to fill the remaining unexpired term on the board
512 of trustees.
513 (7) (a) Each member of a board of trustees shall give a bond for the faithful
514 performance of the member's duties, in the amount and with the sureties prescribed by the
515 board of trustees.
516 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
517 (8) The lieutenant governor may extend the term of an elected district board member
518 by one year in order to compensate for a change in the election year under Subsection
519 17B-1-306[
520 (9) (a) A local district shall:
521 (i) post on the Utah Public Notice Website created in Section 63F-1-701 the name,
522 phone number, and email address of each member of the local district's board of trustees;
523 (ii) update the information described in Subsection (9)(a)(i) when:
524 (A) the membership of the board of trustees changes; or
525 (B) a member of the board of trustees' phone number or email address changes; and
526 (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the day
527 on which the change requiring the update occurs.
528 (b) This Subsection (9) applies regardless of whether the county or municipal
529 legislative body also serves as the board of trustees of the local district.
530 Section 6. Section 17B-1-306 is amended to read:
531 17B-1-306. Local district board -- Election procedures.
532 (1) Except as provided in Subsection (11), each elected board member shall be selected
533 as provided in this section.
534 (2) (a) Each election of a local district board member shall be held:
535 (i) at the same time as the municipal general election or the regular general election, as
536 applicable; and
537 (ii) at polling places designated by the local district board in consultation with the
538 county clerk for each county in which the local district is located, which polling places shall
539 coincide with municipal general election or regular general election polling places, as
540 applicable, whenever feasible.
541 (b) The local district board, in consultation with the county clerk, may consolidate two
542 or more polling places to enable voters from more than one district to vote at one consolidated
543 polling place.
544 (c) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
545 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
546 polling place per division of the district, designated by the district board.
547 (ii) Each polling place designated by an irrigation district board under Subsection
548 (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
549 (2)(a)(ii).
550 (3) (a) The clerk of each local district with a board member position to be filled at the
551 next municipal general election or regular general election, as applicable, shall provide notice
552 of:
553 (i) each elective position of the local district to be filled at the next municipal general
554 election or regular general election, as applicable;
555 (ii) the constitutional and statutory qualifications for each position; and
556 (iii) the dates and times for filing a declaration of candidacy.
557 (b) The notice required under Subsection (3)(a) shall be:
558 (i) posted in at least five public places within the local district at least 10 days before
559 the first day for filing a declaration of candidacy; or
560 (ii) (A) published in a newspaper of general circulation within the local district at least
561 three but no more than 10 days before the first day for filing a declaration of candidacy; and
562 (B) published, in accordance with Section 45-1-101, for 10 days before the first day for
563 filing a declaration of candidacy.
564 (4) (a) To become a candidate for an elective local district board position, the
565 prospective candidate shall file a declaration of candidacy in person with the local district,
566 during office hours, within the candidate filing period for the applicable election year in which
567 the election for the local district board is held.
568 (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
569 filing time shall be extended until the close of normal office hours on the following regular
570 business day.
571 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
572 officer shall:
573 (A) read to the prospective candidate the constitutional and statutory qualification
574 requirements for the office that the candidate is seeking; and
575 (B) require the candidate to state whether or not the candidate meets those
576 requirements.
577 (ii) If the prospective candidate does not meet the qualification requirements for the
578 office, the filing officer may not accept the declaration of candidacy.
579 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
580 the filing officer shall accept the declaration of candidacy.
581 (d) The declaration of candidacy shall substantially comply with the following form:
582 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
583 ____________, City of ________________, County of ________________, State of Utah,
584 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
585 for the office of board of trustees member for _______________________ (state the name of
586 the local district); that I am a candidate for that office to be voted upon at the next election, and
587 I hereby request that my name be printed upon the official ballot for that election.
588 (Signed) _________________________________________
589 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
590 of ____________, ____.
591 (Signed) ________________________
592 (Clerk or Notary Public)"
593 (e) Each person wishing to become a valid write-in candidate for an elective local
594 district board position is governed by Section 20A-9-601.
595 (f) If at least one person does not file a declaration of candidacy as required by this
596 section, a person shall be appointed to fill that board position by following the procedures and
597 requirements for appointment established in Section 20A-1-512.
598 (g) If only one candidate files a declaration of candidacy and there is no write-in
599 candidate who complies with Section 20A-9-601, the board, in accordance with Section
600 20A-1-206, may:
601 (i) consider the candidate to be elected to the position; and
602 (ii) cancel the election.
603 [
604 [
605 [
606
607 [
608 [
609
610 [
611
612 [
613 the deadline for filing a declaration of candidacy, the local district clerk shall certify the
614 candidate names to the clerk of each county in which the local district is located.
615 (b) (i) Except as provided in Subsection [
616 20A-6-305, the clerk of each county in which the local district is located and the local district
617 clerk shall coordinate the placement of the name of each candidate for local district office in
618 the nonpartisan section of the ballot with the appropriate election officer.
619 (ii) If consolidation of the local district election ballot with the municipal general
620 election ballot or the regular general election ballot, as applicable, is not feasible, the local
621 district board of trustees, in consultation with the county clerk, shall provide for a separate
622 local district election ballot to be administered by poll workers at polling locations designated
623 under Subsection (2).
624 (c) (i) Subsections [
625 board of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
626 (ii) (A) Subject to Subsection [
627 shall prescribe the form of the ballot for each board member election.
628 (B) Each ballot for an election of an irrigation district board member shall be in a
629 nonpartisan format.
630 (C) The name of each candidate shall be placed on the ballot in the order specified
631 under Section 20A-6-305.
632 [
633 shall:
634 (i) be a registered voter within the district, except for an election of:
635 (A) an irrigation district board of trustees member; or
636 (B) a basic local district board of trustees member who is elected by property owners;
637 and
638 (ii) meet the requirements to vote established by the district.
639 (b) Each voter may vote for as many candidates as there are offices to be filled.
640 (c) The candidates who receive the highest number of votes are elected.
641 [
642 board members is governed by Title 20A, Election Code.
643 [
644 on a local district board shall serve a four-year term, beginning at noon on the January 1 after
645 the person's election.
646 (b) A person elected shall be sworn in as soon as practical after January 1.
647 [
648 reimburse the county or municipality holding an election under this section for the costs of the
649 election attributable to that local district.
650 (b) Each irrigation district shall bear its own costs of each election it holds under this
651 section.
652 [
653 or gas service.
654 [
655 20A, Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
656 [
657 (i) a local district board; or
658 (ii) the administrative control board of a special service district that has elected
659 members on the board.
660 (b) A board may hold elections for membership on the board at a regular general
661 election instead of a municipal general election if the board submits an application to the
662 lieutenant governor that:
663 (i) requests permission to hold elections for membership on the board at a regular
664 general election instead of a municipal general election; and
665 (ii) indicates that holding elections at the time of the regular general election is
666 beneficial, based on potential cost savings, a potential increase in voter turnout, or another
667 material reason.
668 (c) Upon receipt of an application described in Subsection [
669 governor may approve the application if the lieutenant governor concludes that holding the
670 elections at the regular general election is beneficial based on the criteria described in
671 Subsection [
672 (d) If the lieutenant governor approves a board's application described in this section:
673 (i) all future elections for membership on the board shall be held at the time of the
674 regular general election; and
675 (ii) the board may not hold elections at the time of a municipal general election unless
676 the board receives permission from the lieutenant governor to hold all future elections for
677 membership on the board at a municipal general election instead of a regular general election,
678 under the same procedure, and by applying the same criteria, described in this Subsection
679 [
680 Section 7. Section 20A-1-102 is amended to read:
681 20A-1-102. Definitions.
682 As used in this title:
683 (1) "Active voter" means a registered voter who has not been classified as an inactive
684 voter by the county clerk.
685 (2) "Automatic tabulating equipment" means apparatus that automatically examines
686 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
687 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
688 upon which a voter records the voter's votes.
689 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
690 envelopes.
691 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
692 (a) contain the names of offices and candidates and statements of ballot propositions to
693 be voted on; and
694 (b) are used in conjunction with ballot sheets that do not display that information.
695 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
696 on the ballot for their approval or rejection including:
697 (a) an opinion question specifically authorized by the Legislature;
698 (b) a constitutional amendment;
699 (c) an initiative;
700 (d) a referendum;
701 (e) a bond proposition;
702 (f) a judicial retention question;
703 (g) an incorporation of a city or town; or
704 (h) any other ballot question specifically authorized by the Legislature.
705 (6) "Ballot sheet":
706 (a) means a ballot that:
707 (i) consists of paper or a card where the voter's votes are marked or recorded; and
708 (ii) can be counted using automatic tabulating equipment; and
709 (b) includes punch card ballots and other ballots that are machine-countable.
710 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
711 together with a staple or stitch in at least three places across the top of the paper in the blank
712 space reserved for securing the paper.
713 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
714 20A-4-306 to canvass election returns.
715 (9) "Bond election" means an election held for the purpose of approving or rejecting
716 the proposed issuance of bonds by a government entity.
717 (10) "Book voter registration form" means voter registration forms contained in a
718 bound book that are used by election officers and registration agents to register persons to vote.
719 (11) "Business reply mail envelope" means an envelope that may be mailed free of
720 charge by the sender.
721 (12) "By-mail voter registration form" means a voter registration form designed to be
722 completed by the voter and mailed to the election officer.
723 (13) "Canvass" means the review of election returns and the official declaration of
724 election results by the board of canvassers.
725 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
726 the canvass.
727 (15) "Contracting election officer" means an election officer who enters into a contract
728 or interlocal agreement with a provider election officer.
729 (16) "Convention" means the political party convention at which party officers and
730 delegates are selected.
731 (17) "Counting center" means one or more locations selected by the election officer in
732 charge of the election for the automatic counting of ballots.
733 (18) "Counting judge" means a poll worker designated to count the ballots during
734 election day.
735 (19) "Counting poll watcher" means a person selected as provided in Section
736 20A-3-201 to witness the counting of ballots.
737 (20) "Counting room" means a suitable and convenient private place or room,
738 immediately adjoining the place where the election is being held, for use by the poll workers
739 and counting judges to count ballots during election day.
740 (21) "County officers" means those county officers that are required by law to be
741 elected.
742 (22) "Date of the election" or "election day" or "day of the election":
743 (a) means the day that is specified in the calendar year as the day that the election
744 occurs; and
745 (b) does not include:
746 (i) deadlines established for absentee voting; or
747 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
748 Voting.
749 (23) "Elected official" means:
750 (a) a person elected to an office under Section 20A-1-303;
751 (b) a person who is considered to be elected to a municipal office in accordance with
752 Subsection 20A-1-206(1)(c)(ii); or
753 (c) a person who is considered to be elected to a local district office in accordance with
754 Subsection 20A-1-206(3)(c)(ii).
755 (24) "Election" means a regular general election, a municipal general election, a
756 statewide special election, a local special election, a regular primary election, [
757
758 (25) "Election Assistance Commission" means the commission established by the Help
759 America Vote Act of 2002, Pub. L. No. 107-252.
760 (26) "Election cycle" means the period beginning on the first day persons are eligible to
761 file declarations of candidacy and ending when the canvass is completed.
762 (27) "Election judge" means a poll worker that is assigned to:
763 (a) preside over other poll workers at a polling place;
764 (b) act as the presiding election judge; or
765 (c) serve as a canvassing judge, counting judge, or receiving judge.
766 (28) "Election officer" means:
767 (a) the lieutenant governor, for all statewide ballots and elections;
768 (b) the county clerk for:
769 (i) a county ballot and election; and
770 (ii) a ballot and election as a provider election officer as provided in Section
771 20A-5-400.1 or 20A-5-400.5;
772 (c) the municipal clerk for:
773 (i) a municipal ballot and election; and
774 (ii) a ballot and election as a provider election officer as provided in Section
775 20A-5-400.1 or 20A-5-400.5;
776 (d) the local district clerk or chief executive officer for:
777 (i) a local district ballot and election; and
778 (ii) a ballot and election as a provider election officer as provided in Section
779 20A-5-400.1 or 20A-5-400.5; or
780 (e) the business administrator or superintendent of a school district for:
781 (i) a school district ballot and election; and
782 (ii) a ballot and election as a provider election officer as provided in Section
783 20A-5-400.1 or 20A-5-400.5.
784 (29) "Election official" means any election officer, election judge, or poll worker.
785 (30) "Election results" means:
786 (a) for an election other than a bond election, the count of votes cast in the election and
787 the election returns requested by the board of canvassers; or
788 (b) for bond elections, the count of those votes cast for and against the bond
789 proposition plus any or all of the election returns that the board of canvassers may request.
790 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
791 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
792 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
793 form, and the total votes cast form.
794 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
795 device or other voting device that records and stores ballot information by electronic means.
796 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
797 or logically associated with a record and executed or adopted by a person with the intent to sign
798 the record.
799 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
800 (b) "Electronic voting device" includes a direct recording electronic voting device.
801 (35) "Inactive voter" means a registered voter who has:
802 (a) been sent the notice required by Section 20A-2-306; and
803 (b) failed to respond to that notice.
804 (36) "Inspecting poll watcher" means a person selected as provided in this title to
805 witness the receipt and safe deposit of voted and counted ballots.
806 (37) "Judicial office" means the office filled by any judicial officer.
807 (38) "Judicial officer" means any justice or judge of a court of record or any county
808 court judge.
809 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
810 Local Government Entities - Local Districts, and includes a special service district under Title
811 17D, Chapter 1, Special Service District Act.
812 (40) "Local district officers" means those local district board members that are required
813 by law to be elected.
814 (41) "Local election" means a regular county election, a regular municipal election, [
815
816 election.
817 (42) "Local political subdivision" means a county, a municipality, a local district, or a
818 local school district.
819 (43) "Local special election" means a special election called by the governing body of a
820 local political subdivision in which all registered voters of the local political subdivision may
821 vote.
822 (44) "Multi-candidate general race" means a regular general election race or a
823 municipal general election race in which more than twice the number of candidates who may
824 be elected for a particular office qualify for placement on the ballot for that office, if the office
825 is one of the following:
826 (a) president and vice president of the United States;
827 (b) United States Senate;
828 (c) United States House of Representatives;
829 (d) state Senate;
830 (e) state House of Representatives;
831 (f) governor and lieutenant governor;
832 (g) attorney general;
833 (h) state auditor;
834 (i) state treasurer;
835 (j) State Board of Education member;
836 (k) local board of education member;
837 (l) county elected office;
838 (m) municipal elected office; or
839 (n) an elective local district board position.
840 (45) "Multi-candidate primary race" means a partisan primary race in which more than
841 two candidates qualify for placement on the primary election ballot for the same political party
842 and for the same office, if the office is one of the following:
843 (a) president and vice president of the United States;
844 (b) United States Senate;
845 (c) United States House of Representatives;
846 (d) state Senate;
847 (e) state House of Representatives;
848 (f) governor and lieutenant governor;
849 (g) attorney general;
850 (h) state auditor;
851 (i) state treasurer;
852 (j) State Board of Education member;
853 (k) county elected office; or
854 (l) an elective local district board position.
855 [
856 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
857 (b) the mayor in the council-manager form of government defined in Subsection
858 10-3b-103(7); or
859 (c) the chair of a metro township form of government defined in Section 10-3b-102.
860 [
861 as applicable, local districts on the first Tuesday after the first Monday in November of each
862 odd-numbered year for the purposes established in Section 20A-1-202.
863 [
864 (a) the council of the city or town in any form of municipal government; or
865 (b) the council of a metro township.
866 [
867 [
868 [
869 law to be elected.
870 [
871
872 [
873 poll workers to be given to voters to record their votes.
874 [
875 (a) the information on the ballot that identifies:
876 (i) the ballot as an official ballot;
877 (ii) the date of the election; and
878 (iii) (A) for a ballot prepared by an election officer other than a county clerk, [
879
880 election officer and the election officer's title in eight point type; or
881 (B) for a ballot prepared by a county clerk, the words required by Subsection
882 20A-6-301(1)(c)(iii); and
883 (b) the information on the ballot stub that identifies:
884 (i) the poll worker's initials; and
885 (ii) the ballot number.
886 [
887 by the election officer that contains the information required by Section 20A-5-401.
888 [
889 (a) the names of offices and candidates and statements of ballot propositions to be
890 voted on; and
891 (b) spaces for the voter to record the voter's vote for each office and for or against each
892 ballot proposition.
893 [
894 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
895 Formation and Procedures.
896 [
897 appear to cast votes.
898 [
899 [
900 with an election, voting, or counting votes.
901 (b) "Poll worker" includes election judges.
902 (c) "Poll worker" does not include a watcher.
903 [
904 ballot in which the voter marks the voter's choice.
905 [
906 year of the regular general election.
907 [
908 (a) is built into a voting machine; and
909 (b) records the total number of movements of the operating lever.
910 [
911 contract or interlocal agreement with a contracting election officer to conduct an election for
912 the contracting election officer's local political subdivision in accordance with Section
913 20A-5-400.1.
914 [
915 (a) whose name is not listed on the official register at the polling place;
916 (b) whose legal right to vote is challenged as provided in this title; or
917 (c) whose identity was not sufficiently established by a poll worker.
918 [
919 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
920 information to verify a person's legal right to vote.
921 [
922 performing the duties of the position for which the person was elected.
923 [
924 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
925 after the voter has voted.
926 [
927 voter registration form.
928 [
929 [
930 the first Tuesday after the first Monday in November of each even-numbered year for the
931 purposes established in Section 20A-1-201.
932 [
933 June of each even-numbered year, to nominate candidates of political parties and candidates for
934 nonpartisan local school board positions to advance to the regular general election.
935 [
936 Utah.
937 [
938 printed and distributed as provided in Section 20A-5-405.
939 [
940 mark or punch the ballot for one or more candidates who are members of different political
941 parties or who are unaffiliated.
942 [
943 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
944 secrecy of the voter's vote.
945 [
946 20A-1-203.
947 [
948 (a) is spoiled by the voter;
949 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
950 (c) lacks the official endorsement.
951 [
952 or the Legislature in which all registered voters in Utah may vote.
953 [
954 [
955 officer to the poll workers when the official ballots are lost or stolen.
956 [
957 (a) political parties;
958 (b) candidates for an office; or
959 (c) ballot propositions.
960 [
961 counting center.
962 [
963 by statute, whether that absence occurs because of death, disability, disqualification,
964 resignation, or other cause.
965 (84) "Valid," as it relates to a ranked choice vote cast in a multi-candidate primary race
966 or a multi-candidate general race, means that the ballot is marked in a manner that permits the
967 vote to be counted during the applicable canvassing phase, in accordance with Subsection
968 20A-4-303.5(5).
969 [
970 (a) a form of identification that bears the name and photograph of the voter which may
971 include:
972 (i) a currently valid Utah driver license;
973 (ii) a currently valid identification card that is issued by:
974 (A) the state; or
975 (B) a branch, department, or agency of the United States;
976 (iii) a currently valid Utah permit to carry a concealed weapon;
977 (iv) a currently valid United States passport; or
978 (v) a currently valid United States military identification card;
979 (b) one of the following identification cards, whether or not the card includes a
980 photograph of the voter:
981 (i) a valid tribal identification card;
982 (ii) a Bureau of Indian Affairs card; or
983 (iii) a tribal treaty card; or
984 (c) two forms of identification not listed under Subsection [
985 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
986 which may include:
987 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
988 election;
989 (ii) a bank or other financial account statement, or a legible copy thereof;
990 (iii) a certified birth certificate;
991 (iv) a valid social security card;
992 (v) a check issued by the state or the federal government or a legible copy thereof;
993 (vi) a paycheck from the voter's employer, or a legible copy thereof;
994 (vii) a currently valid Utah hunting or fishing license;
995 (viii) certified naturalization documentation;
996 (ix) a currently valid license issued by an authorized agency of the United States;
997 (x) a certified copy of court records showing the voter's adoption or name change;
998 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
999 (xii) a currently valid identification card issued by:
1000 (A) a local government within the state;
1001 (B) an employer for an employee; or
1002 (C) a college, university, technical school, or professional school located within the
1003 state; or
1004 (xiii) a current Utah vehicle registration.
1005 [
1006 write-in candidate by following the procedures and requirements of this title.
1007 [
1008 (a) meets the requirements for voting in an election;
1009 (b) meets the requirements of election registration;
1010 (c) is registered to vote; and
1011 (d) is listed in the official register book.
1012 [
1013 Section 20A-2-102.5.
1014 [
1015 machines, and ballot box.
1016 [
1017 (a) the space or compartment within a polling place that is provided for the preparation
1018 of ballots, including the voting machine enclosure or curtain; or
1019 (b) a voting device that is free standing.
1020 [
1021 (a) an apparatus in which ballot sheets are used in connection with a punch device for
1022 piercing the ballots by the voter;
1023 (b) a device for marking the ballots with ink or another substance;
1024 (c) an electronic voting device or other device used to make selections and cast a ballot
1025 electronically, or any component thereof;
1026 (d) an automated voting system under Section 20A-5-302; or
1027 (e) any other method for recording votes on ballots so that the ballot may be tabulated
1028 by means of automatic tabulating equipment.
1029 [
1030 recording and tabulating votes cast by voters at an election.
1031 [
1032 witness the distribution of ballots and the voting process.
1033 [
1034 law within which qualified voters vote at one polling place.
1035 [
1036 inspecting poll watcher, and a testing watcher.
1037 [
1038 Chapter 9, Part 8, Western States Presidential Primary.
1039 [
1040 [
1041 the ballot according to the procedures established in this title.
1042 Section 8. Section 20A-1-201.5 is amended to read:
1043 20A-1-201.5. Primary election dates.
1044 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
1045 of June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
1046 20A-9-408, as applicable, to nominate persons for:
1047 (a) national, state, school board, and county offices; and
1048 (b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
1049 [
1050
1051
1052 (2) (a) A municipality or a local district may not hold a primary election.
1053 (b) Elective office for a municipality or a local district will be decided by ranked
1054 choice voting in accordance with Section 20A-4-303.5.
1055 (c) For a municipality that conducts partisan elections, each party may submit only one
1056 candidate selected by party convention or another process designated by the party.
1057 (3) If the Legislature makes an appropriation for a Western States Presidential Primary
1058 election, the Western States Presidential Primary election shall be held throughout the state on
1059 the first Tuesday in February in the year in which a presidential election will be held.
1060 Section 9. Section 20A-1-303 is amended to read:
1061 20A-1-303. Determining results.
1062 (1) (a) [
1063 elected or nominated, the person receiving the highest number of votes at any:
1064 (i) election for any office to be filled at that election is elected to that office; and
1065 (ii) primary for nomination for any office is nominated for that office.
1066 (b) When more than one person is to be elected or nominated, the persons receiving the
1067 highest number of votes at any:
1068 (i) election for any office to filled at that election are elected to that office; and
1069 (ii) primary for nomination for any office are nominated for that office.
1070 (2) Any ballot proposition submitted to voters for their approval or rejection:
1071 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
1072 (b) fails if:
1073 (i) the number of "yes" votes equal the number of "no" votes; or
1074 (ii) the number of "no" votes is greater than the number of "yes" votes.
1075 Section 10. Section 20A-1-304 is repealed and reenacted to read:
1076 20A-1-304. Tie votes.
1077 Except for a multi-candidate primary race or a multi-candidate general race, if two or
1078 more candidates for a position have an equal and the highest number of votes for any office, the
1079 election officer shall, in a public meeting held within 30 days after the day on which the
1080 canvass is completed, determine the candidate selected, by lot, in the presence of each
1081 candidate subject to the tie.
1082 Section 11. Section 20A-2-101 is amended to read:
1083 20A-2-101. Eligibility for registration.
1084 (1) Except as provided in Subsection (2), any person may apply to register to vote in an
1085 election who:
1086 (a) is a citizen of the United States;
1087 (b) has been a resident of Utah for at least the 30 days immediately before the election;
1088 (c) will be at least 18 years old on the day of the election; and
1089 (d) currently resides within the voting district or precinct in which the person applies to
1090 register to vote.
1091 (2) (a) (i) A person who is involuntarily confined or incarcerated in a jail, prison, or
1092 other facility within a voting precinct is not a resident of that voting precinct and may not
1093 register to vote in that voting precinct unless the person was a resident of that voting precinct
1094 before the confinement or incarceration.
1095 (ii) A person who is involuntarily confined or incarcerated in a jail or prison is resident
1096 of the voting precinct in which the person resided before the confinement or incarceration.
1097 (b) A person who has been convicted of a felony or a misdemeanor for an offense
1098 under this title may not register to vote or remain registered to vote unless the person's right to
1099 vote has been restored as provided in Section 20A-2-101.3 or 20A-2-101.5.
1100 (c) A person whose right to vote has been restored, as provided in Section 20A-2-101.3
1101 or 20A-2-101.5, is eligible to register to vote.
1102 (3) A person who is eligible to vote and who resides within the geographic boundaries
1103 of the entity in which the election is held may register to vote in a:
1104 (a) regular general election;
1105 (b) regular primary election;
1106 (c) municipal general election;
1107 [
1108 [
1109 [
1110 [
1111 [
1112 Section 12. Section 20A-3-101 is amended to read:
1113 20A-3-101. Residency and age requirements of voters.
1114 (1) A person may vote in any regular general election or statewide special election if
1115 that person has registered to vote in accordance with Title 20A, Chapter 2, Voter Registration.
1116 (2) A person may vote in the Western States Presidential Primary election or a regular
1117 primary election if:
1118 (a) that person has registered to vote in accordance with Title 20A, Chapter 2, Voter
1119 Registration; and
1120 (b) that person's political party affiliation, or unaffiliated status, allows the person to
1121 vote in the election.
1122 (3) A person may vote in a municipal general election, [
1123 special election, [
1124 (a) has registered to vote in accordance with Title 20A, Chapter 2, Voter Registration;
1125 and
1126 (b) is a resident of a voting district or precinct within the local entity that is holding the
1127 election.
1128 Section 13. Section 20A-3-105 is amended to read:
1129 20A-3-105. Marking and depositing ballots.
1130 (1) (a) [
1131 upon receipt of the ballot, shall go to a voting booth and prepare the voter's ballot by marking
1132 the appropriate position with a mark opposite the name of each candidate of the voter's choice
1133 for each office to be filled.
1134 (b) [
1135 the name of a write-in candidate.
1136 (c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in
1137 the appropriate square with a mark opposite the answer the voter intends to make.
1138 (d) Before leaving the booth, the voter shall:
1139 (i) fold the ballot so that its contents are concealed and the stub can be removed; and
1140 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
1141 envelope and complete the information printed on the envelope.
1142 (2) (a) (i) [
1143 insert the ballot sheet into the voting device and mark the ballot sheet according to the
1144 instructions provided on the device.
1145 (ii) If the voter is issued a ballot sheet with a long stub without a secrecy envelope, the
1146 voter shall record any write-in votes on the long stub.
1147 (iii) If the voter is issued a ballot sheet with a secrecy envelope, the voter shall record
1148 any write-in votes on the secrecy envelope.
1149 (b) After the voter has marked the ballot sheet, the voter shall either:
1150 (i) place the ballot sheet inside the secrecy envelope, if one is provided; or
1151 (ii) fold the long stub over the face of the ballot sheet to maintain the secrecy of the
1152 vote if the voter is issued a ballot sheet with a long stub without a secrecy envelope.
1153 (c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
1154 provisional ballot envelope and complete the information printed on the envelope.
1155 (3) (a) [
1156 the voter shall mark the ballot sheet according to the instructions provided on the voting device
1157 or ballot sheet.
1158 (b) [
1159 write-in vote by:
1160 (i) marking the position opposite the area for entering a write-in candidate; and
1161 (ii) entering the name of the valid write-in candidate for whom the voter wishes to vote
1162 for by means of:
1163 (A) writing;
1164 (B) a label; or
1165 (C) entering the name using the voting device.
1166 (c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
1167 provisional ballot envelope and complete the information printed on the envelope.
1168 (4) (a) [
1169 (i) insert the ballot access card into the voting device; and
1170 (ii) make the selections according to the instructions provided on the device.
1171 (b) [
1172 write-in vote by:
1173 (i) marking the appropriate position opposite the area for entering a write-in candidate;
1174 and
1175 (ii) using the voting device to enter the name of the valid write-in candidate for whom
1176 the voter wishes to vote.
1177 (5) (a) To vote in a multi-candidate primary race, a voter:
1178 (i) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
1179 first preference as the party's nominee for the office; and
1180 (ii) may indicate, as directed on the ballot, the names of the remaining candidates in
1181 order of the voter's preference for each remaining candidate to be selected as the party's
1182 nominee for the office in the event that the voter's first preference is not selected as the
1183 nominee.
1184 (b) To vote in a multi-candidate general race, a voter:
1185 (i) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
1186 first preference for the office; and
1187 (ii) may indicate, as directed on the ballot, the names of the remaining candidates in
1188 order of the voter's preference for each remaining candidate to be selected for the office in the
1189 event that the voter's first preference is not selected for the office.
1190 (6) A voter may include no more than one write-in candidate in the voter's list of
1191 preferences for a multi-candidate primary race or a multi-candidate general race.
1192 [
1193 (a) if a paper ballot or punch card ballot is used:
1194 (i) the voter shall:
1195 (A) leave the voting booth; and
1196 (B) announce [
1197 (ii) the poll worker in charge of the ballot box shall:
1198 (A) clearly and audibly announce the name of the voter and the number on the stub of
1199 the voter's ballot;
1200 (B) if the stub number on the ballot corresponds with the number previously recorded
1201 in the official register, and bears the initials of the poll worker, remove the stub from the ballot;
1202 and
1203 (C) return the ballot to the voter;
1204 (iii) the voter shall, in full view of the poll workers, cast [
1205 depositing the ballot in the ballot box; and
1206 (iv) if the stub has been detached from the ballot:
1207 (A) the poll worker may not accept the ballot; and
1208 (B) the poll worker shall:
1209 (I) treat the ballot as a spoiled ballot;
1210 (II) provide the voter with a new ballot; and
1211 (III) dispose of the spoiled ballot as provided in Section 20A-3-107;
1212 (b) if a ballot sheet other than a punch card is used:
1213 (i) the voter shall:
1214 (A) leave the voting booth; and
1215 (B) announce [
1216 (ii) the poll worker in charge of the ballot box shall:
1217 (A) clearly and audibly announce the name of the voter and the number on the stub of
1218 the voter's ballot; and
1219 (B) if the stub number on the ballot corresponds with the number previously recorded
1220 in the official register, and bears the initials of the poll worker, return the ballot to the voter;
1221 and
1222 (iii) the voter shall, in full view of the poll workers, cast [
1223 depositing the ballot in the ballot box; and
1224 (c) if an electronic ballot is used, the voter shall:
1225 (i) cast the voter's ballot;
1226 (ii) remove the ballot access card from the voting device; and
1227 (iii) return the ballot access card to a designated poll worker.
1228 [
1229 the ballot:
1230 (a) (i) if the ballot is designed so that the names of all candidates for all political parties
1231 are on the same ballot, detach the part of the paper ballot containing the names of the
1232 candidates of the party [
1233 (ii) fold that portion of the paper ballot so that its face is concealed; and
1234 (iii) deposit it in the ballot box; and
1235 (b) (i) fold the remainder of the paper ballot, containing the names of the candidates of
1236 the parties that the elector did not vote; and
1237 (ii) deposit it in a separate ballot box that is marked and designated as a blank ballot
1238 box.
1239 [
1240 leave the voting area after voting.
1241 (b) A voter may not:
1242 (i) occupy a voting booth occupied by another, except as provided in Section
1243 20A-3-108;
1244 (ii) remain within the voting area more than 10 minutes; or
1245 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
1246 voters are waiting to occupy them.
1247 [
1248 reenter the voting area during that election unless that voter is an election official or watcher.
1249 [
1250 of voting booths into the voting area at one time unless those excess voters are:
1251 (a) election officials;
1252 (b) watchers; or
1253 (c) assisting voters with a disability.
1254 Section 14. Section 20A-3-201 is amended to read:
1255 20A-3-201. Watchers.
1256 (1) (a) (i) For each regular general election or statewide special election, and for each
1257 regular primary and Western States Presidential Primary, each registered political party and any
1258 person interested in a ballot proposition appearing on the ballot may appoint one person to act
1259 as a voting poll watcher to observe the casting of ballots, another person to act as a counting
1260 poll watcher to observe the counting of ballots, and another person to act as an inspecting poll
1261 watcher to inspect the condition and observe the securing of ballot packages.
1262 (ii) Each party poll watcher shall be designated, and his selection made known to the
1263 poll workers, by an affidavit made by the county chair of each of the parties.
1264 (iii) Each issue poll watcher shall be designated, and his selection made known to the
1265 poll workers, by an affidavit made by the individual appointing him.
1266 (b) (i) For each municipal general election, [
1267 or bond election that uses paper ballots, each candidate and any person interested in an issue
1268 appearing on the ballot may appoint one person to act as a voting poll watcher to observe the
1269 casting of ballots, another person to act as a counting poll watcher to observe the counting of
1270 ballots, and another person to act as an inspecting poll watcher to inspect the condition and
1271 observe the securing of ballot packages.
1272 (ii) For each municipal general election, [
1273 bond election that uses ballot sheets, each candidate and any person interested in an issue
1274 appearing on the ballot may appoint one person to act as a voting poll watcher to observe the
1275 casting of ballots, another person to act as a counting poll watcher to observe the counting of
1276 ballots, and another person to act as an inspecting poll watcher to inspect the condition and
1277 observe the securing of ballot packages.
1278 (iii) Each candidate poll watcher shall be designated, and his selection made known to
1279 the poll workers, by an affidavit made by the candidate appointing him.
1280 (iv) Each issue poll watcher shall be designated, and his selection made known to the
1281 poll workers, by an affidavit made by the individual appointing him.
1282 (2) If an appointed poll watcher is temporarily absent for meals, or is sick or otherwise
1283 absent, that poll watcher may substitute some other watcher of similar political beliefs by
1284 informing the poll workers of the substitution by affidavit.
1285 (3) Voting poll watchers may watch and observe the voting process, and may make a
1286 written memorandum, but they may not interfere in any way with the process of voting except
1287 to challenge a voter as provided in this part.
1288 (4) The counting poll watcher shall remain in the counting room, except in the case of
1289 necessity, until the close of the polls and may not divulge the progress of the count until the
1290 count is completed.
1291 (5) (a) It is unlawful for a counting poll watcher to communicate in any manner,
1292 directly or indirectly, by word or sign, the progress of the count, the result so far, or any other
1293 information about the count.
1294 (b) Any person who violates this subsection is guilty of a third degree felony.
1295 (6) The inspecting poll watcher may be present in the office of the clerk or recorder to
1296 whom ballots are delivered after elections to:
1297 (a) inspect the condition of the packages containing the ballots upon their arrival; and
1298 (b) observe the placement of these packages in a safe and secure place.
1299 (7) (a) Prior to each election in which a ballot sheet or electronic ballot is used, any
1300 interested person may act as a testing watcher to observe a demonstration of logic and accuracy
1301 testing of the voting devices prior to the commencement of voting.
1302 (b) The election officer shall give prior notice of the logic and accuracy testing
1303 demonstration at least two days prior to the date of the demonstration by publishing notice of
1304 the date, time, and location of the demonstration:
1305 (i) in at least one newspaper of general circulation in the jurisdiction holding the
1306 election; and
1307 (ii) as required in Section 45-1-101.
1308 (c) An election official shall provide, upon request, a copy of testing results to a testing
1309 watcher.
1310 Section 15. Section 20A-3-601 is amended to read:
1311 20A-3-601. Early voting.
1312 (1) (a) An individual who is registered to vote may vote before the election date in
1313 accordance with this section.
1314 (b) An individual who is not registered to vote may register to vote and vote before the
1315 election date in accordance with this section if the individual:
1316 (i) is otherwise legally entitled to vote the ballot in a jurisdiction that is approved by
1317 the lieutenant governor to participate in the pilot project described in Section 20A-4-108; and
1318 (ii) casts a provisional ballot in accordance with Section 20A-4-108.
1319 (2) Except as provided in Section 20A-1-308, the early voting period shall:
1320 (a) begin on the date that is 14 days before the date of the election; and
1321 (b) continue through the Friday before the election if the election date is a Tuesday.
1322 (3) Except as provided in Section 20A-1-308, during the early voting period, the
1323 election officer:
1324 (a) for a local special election[
1325 general election:
1326 (i) shall conduct early voting on a minimum of four days during each week of the early
1327 voting period; and
1328 (ii) shall conduct early voting on the last day of the early voting period; and
1329 (b) for all other elections:
1330 (i) shall conduct early voting on each weekday; and
1331 (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
1332 (4) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
1333 early voting shall be administered according to the requirements of this title.
1334 Section 16. Section 20A-3-603 is amended to read:
1335 20A-3-603. Early voting polling places.
1336 (1) Except as provided in Section 20A-1-308, the election officer shall designate one or
1337 more polling places for early voting, provided that:
1338 (a) at least one polling place is open on each day that polls are open during the early
1339 voting period;
1340 (b) each polling place meets the requirements for polling places under Chapter 5,
1341 Election Administration;
1342 (c) for all elections other than local special elections[
1343
1344 accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
1345 America Vote Act of 2002; and
1346 (d) each polling place is located in a government building or office, unless the election
1347 officer determines that, in the area designated by the election officer, there is no government
1348 building or office available that:
1349 (i) can be scheduled for use during early voting hours;
1350 (ii) has the physical facilities necessary to accommodate early voting requirements;
1351 (iii) has adequate space for voting equipment, poll workers, and voters; and
1352 (iv) has adequate security, public accessibility, and parking.
1353 (2) (a) Except as provided in Section 20A-1-308, in the event the election officer
1354 determines that the number of early voting polling places is insufficient due to the number of
1355 registered voters who are voting, the election officer may designate additional polling places
1356 during the early voting period.
1357 (b) Except as provided in Section 20A-1-308, if an additional early voting polling place
1358 is designated, the election officer shall, as soon as is reasonably possible, give notice of the
1359 dates, times, and location of the additional polling place by:
1360 (i) publishing the notice:
1361 (A) in one issue of a newspaper of general circulation in the county; and
1362 (B) as required in Section 45-1-101; and
1363 (ii) posting the notice at the additional polling place.
1364 (3) Except as provided in Section 20A-1-308, for each regular general election and
1365 regular primary election, counties of the first class shall ensure that the early voting polling
1366 places are approximately proportionately distributed based on population within the county.
1367 Section 17. Section 20A-3-605 is amended to read:
1368 20A-3-605. Exemptions from early voting.
1369 (1) (a) This part does not apply to an election of a board member of a local district.
1370 (b) Notwithstanding Subsection (1)(a), a local district may, at its discretion, provide
1371 early voting in accordance with this part for an election of a board member.
1372 (2) Notwithstanding the requirements of Section 20A-3-601, a municipality of the fifth
1373 class or a town as described in Section 10-2-301 may provide early voting as provided under
1374 this part for[
1375 (3) A municipality or county that administers an election entirely by absentee ballot, in
1376 accordance with Section 20A-3-302, is not required to conduct early voting for the election.
1377 Section 18. Section 20A-4-101 is amended to read:
1378 20A-4-101. Counting paper ballots during election day.
1379 (1) Each county legislative body or municipal legislative body that has voting precincts
1380 that use paper ballots and each poll worker in those voting precincts shall comply with the
1381 requirements of this section.
1382 (2) (a) Each county legislative body or municipal legislative body shall provide:
1383 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
1384 judges have been appointed; and
1385 (ii) a counting room for the use of the poll workers counting the ballots during the day.
1386 (b) At any election in any voting precinct in which both receiving and counting judges
1387 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
1388 (i) close the first ballot box and deliver it to the counting judges; and
1389 (ii) prepare and use another ballot box to receive voted ballots.
1390 (c) [
1391 counting judges shall:
1392 (i) take the ballot box to the counting room;
1393 (ii) count the votes on the regular ballots in the ballot box;
1394 (iii) place the provisional ballot envelopes in the envelope or container provided for
1395 them for return to the election officer; and
1396 (iv) when they have finished counting the votes in the ballot box, return the emptied
1397 box to the receiving judges.
1398 (d) (i) During the course of election day, whenever there are at least 20 ballots
1399 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
1400 judges for counting; and
1401 (ii) the counting judges shall immediately count the regular ballots and segregate the
1402 provisional ballots contained in that box.
1403 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
1404 until the polls close.
1405 (f) (i) The director of elections, within the Office of the Lieutenant Governor, shall
1406 make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1407 describing the procedures that a counting judge is required to follow for counting ballots in a
1408 multi-candidate primary race or a multi-candidate general race.
1409 (ii) When counting ballots in a multi-candidate primary race or a multi-candidate
1410 general race, a counting judge shall comply with the procedures established under Subsection
1411 (2)(f)(i) and Section 20A-4-303.5.
1412 (3) Counting poll watchers appointed as provided in Section 20A-3-201 may observe
1413 the count.
1414 [
1415
1416 (4) To resolve questions that arise during the counting of ballots, a counting judge shall
1417 apply the standards and requirements of:
1418 (a) to the extent applicable, Section 20A-4-105; and
1419 (b) for a multi-candidate primary race or a multi-candidate general race, Subsection
1420 20A-4-303.5(5).
1421 Section 19. Section 20A-4-102 is amended to read:
1422 20A-4-102. Counting paper ballots after the polls close.
1423 (1) (a) Except as provided in Subsection (2) or a rule made under Subsection
1424 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
1425 the election judges shall count the ballots by performing the tasks specified in this section in
1426 the order that they are specified.
1427 [
1428
1429 (b) To resolve questions that arise during the counting of ballots, an election judge
1430 shall apply the standards and requirements of:
1431 (i) to the extent applicable, Section 20A-4-105; and
1432 (ii) for a multi-candidate primary race or a multi-candidate general race, Subsection
1433 20A-4-303.5(5).
1434 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
1435 (b) (i) If there are more ballots in the ballot box than there are names entered in the
1436 pollbook, the judges shall examine the official endorsements on the ballots.
1437 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
1438 official endorsement, the judges shall put those ballots in an excess ballot file and not count
1439 them.
1440 (c) (i) If, after examining the official endorsements, there are still more ballots in the
1441 ballot box than there are names entered in the pollbook, the judges shall place the remaining
1442 ballots back in the ballot box.
1443 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
1444 excess from the ballot box.
1445 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
1446 count them.
1447 (d) When the ballots in the ballot box equal the number of names entered in the
1448 pollbook, the judges shall count the votes.
1449 (3) The judges shall:
1450 (a) place all unused ballots in the envelope or container provided for return to the
1451 county clerk or city recorder; and
1452 (b) seal that envelope or container.
1453 (4) The judges shall:
1454 (a) place all of the provisional ballot envelopes in the envelope provided for them for
1455 return to the election officer; and
1456 (b) seal that envelope or container.
1457 (5) (a) In counting the votes, the election judges shall read and count each ballot
1458 separately.
1459 (b) In regular primary elections the judges shall:
1460 (i) count the number of ballots cast for each party;
1461 (ii) place the ballots cast for each party in separate piles; and
1462 (iii) count all the ballots for one party before beginning to count the ballots cast for
1463 other parties.
1464 (6) (a) In all elections, the counting judges shall, except as provided in Section
1465 20A-4-303.5 or a rule made under Subsection 20A-4-101(2)(f)(i):
1466 (i) count one vote for each candidate designated by the marks in the squares next to the
1467 candidate's name;
1468 (ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
1469 any candidate for an office for which a vote has been cast for a candidate for the same office
1470 upon another ticket by the placing of a mark in the square opposite the name of that candidate
1471 on the other ticket;
1472 (iii) count each vote for each write-in candidate who has qualified by filing a
1473 declaration of candidacy under Section 20A-9-601;
1474 (iv) read every name marked on the ballot and mark every name upon the tally sheets
1475 before another ballot is counted;
1476 (v) evaluate each ballot and each vote based on the standards and requirements of
1477 Section 20A-4-105;
1478 (vi) write the word "spoiled" on the back of each ballot that lacks the official
1479 endorsement and deposit it in the spoiled ballot envelope; and
1480 (vii) read, count, and record upon the tally sheets the votes that each candidate and
1481 ballot proposition received from all ballots, except excess or spoiled ballots.
1482 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
1483 persons clearly not eligible to qualify for office.
1484 (c) The judges shall certify to the accuracy and completeness of the tally list in the
1485 space provided on the tally list.
1486 (d) When the judges have counted all of the voted ballots, they shall record the results
1487 on the total votes cast form.
1488 (7) Only election judges and counting poll watchers may be present at the place where
1489 counting is conducted until the count is completed.
1490 Section 20. Section 20A-4-105 is amended to read:
1491 20A-4-105. Standards and requirements for evaluating voter's ballot choices.
1492 (1) [
1493 multi-candidate primary race or a multi-candidate general race, each person counting ballots
1494 shall apply the standards and requirements of this section to resolve any questions that arise as
1495 ballots are counted.
1496 (2) Except as provided in Subsection (11), Subsection 20A-3-105(5), or Section
1497 20A-4-303.5, if a voter marks more names than there are persons to be elected to an office, or
1498 if for any reason it is impossible to determine the choice of any voter for any office to be filled,
1499 the counter may not count that voter's ballot for that office.
1500 (3) [
1501 defective or incomplete mark on any paper ballot if:
1502 (a) it is in the proper place; and
1503 (b) there is no other mark or cross on the paper ballot indicating the voter's intent to
1504 vote other than as indicated by the defective mark.
1505 (4) (a) When the voter has marked the ballot so that it appears that the voter has voted
1506 more than one straight ticket, the election judges may not count any votes for party candidates.
1507 (b) The election judges shall count the remainder of the ballot if it is voted correctly.
1508 (5) [
1509 marked by the voter because of marks on the ballot other than those marks allowed by this
1510 section unless the extraneous marks on a ballot or group of ballots show an intent by a person
1511 or group to mark their ballots so that their ballots can be identified.
1512 (6) (a) In counting the ballots, the counters shall give full consideration to the intent of
1513 the voter.
1514 (b) The counters may not invalidate a ballot because of mechanical and technical
1515 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
1516 required by Chapter 3, Voting.
1517 (7) The counters may not reject a ballot because of any error in:
1518 (a) stamping or writing any official endorsement; or
1519 (b) delivering the wrong ballots to any polling place.
1520 (8) The counter may not count any paper ballot that does not have the official
1521 endorsement by an election officer.
1522 (9) The counter may not count any ballot proposition vote or candidate vote for which
1523 the voter is not "legally entitled to vote" as used in Section 20A-4-107.
1524 (10) If the counter discovers that the name of a candidate voted for is misspelled or that
1525 the initial letters of a candidate's given name are transposed or omitted in part or altogether, the
1526 counter shall count the voter's vote for that candidate if it is apparent that the voter intended to
1527 vote for that candidate.
1528 (11) The counter shall count a vote for the president and the vice president of any
1529 political party as a vote for the presidential electors selected by the political party.
1530 (12) In counting the valid write-in votes, if, by casting a valid write-in vote, a voter has
1531 cast more votes for an office than that voter is entitled to vote for that office, the judges shall
1532 count the valid write-in vote as being the obvious intent of the voter.
1533 Section 21. Section 20A-4-106 is amended to read:
1534 20A-4-106. Paper ballots -- Sealing.
1535 (1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read
1536 and tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate
1537 strings.
1538 (ii) After the ballots are strung, they may not be examined by anyone, except when
1539 examined during a recount conducted under the authority of Section 20A-4-303.5 or
1540 20A-4-401.
1541 (b) The judges shall carefully seal all of the strung ballots in a strong envelope.
1542 (2) (a) For regular primary elections, after all the ballots have been counted, certified
1543 to, and strung by the judges, they shall seal the ballots cast for each of the parties in separate
1544 envelopes.
1545 (b) The judges shall:
1546 (i) seal each of the envelopes containing the votes of each of the political parties in one
1547 large envelope; and
1548 (ii) return that envelope to the county clerk.
1549 (c) The judges shall:
1550 (i) destroy the ballots in the blank ballot box; or
1551 (ii) if directed to do so by the election officer, return them to the election officer for
1552 destruction.
1553 (3) As soon as the judges have counted all the votes and sealed the ballots they shall
1554 sign and certify the pollbooks.
1555 (4) (a) The judges, before they adjourn, shall:
1556 (i) enclose and seal the official register, the posting book, the pollbook, the ballot
1557 disposition form, the military and overseas absentee voter registration and voting certificates,
1558 one of the tally sheets, and any unprocessed absentee ballots in a strong envelope or pouch;
1559 (ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
1560 strung and placed in a separate envelope or pouch as required by Subsection (1);
1561 (iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
1562 disposition form in a separate envelope or pouch;
1563 (iv) place all provisional ballots in a separate envelope or pouch; and
1564 (v) place the total votes cast form and the judges' vouchers requesting compensation
1565 for services rendered in a separate pouch.
1566 (b) Before enclosing the official register in the envelope or pouch, the election judges
1567 shall certify it substantially as follows:
1568 "We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
1569 Utah, certify that the required entries have been made for the election held
1570 __________(month\day\year), including:
1571 a list of the ballot numbers for each voter;
1572 the voters' signatures, except where a judge has signed for the absentee voters;
1573 a list of information surrounding a voter who is challenged,
1574 including any affidavits; and
1575 a notation for each time a voter was assisted with a ballot."
1576 (5) Each judge shall:
1577 (a) write his name across the seal of each envelope or pouch;
1578 (b) mark on the exterior of the envelope or pouch:
1579 (i) the word "ballots" or "returns" or "unused ballots," or "provisional ballots" or other
1580 words plainly indicating the contents of the packages; and
1581 (ii) the number of the voting precinct.
1582 Section 22. Section 20A-4-301 is amended to read:
1583 20A-4-301. Board of canvassers.
1584 (1) (a) Each county legislative body is the board of county canvassers for:
1585 (i) the county; and
1586 (ii) each local district whose election is conducted by the county if:
1587 (A) the election relates to the creation of the local district;
1588 (B) the county legislative body serves as the governing body of the local district; or
1589 (C) there is no duly constituted governing body of the local district.
1590 (b) The board of county canvassers shall meet to canvass the returns at the usual place
1591 of meeting of the county legislative body, at a date and time determined by the county clerk
1592 that is no sooner than seven days after the election and no later than 14 days after the election.
1593 (c) If one or more of the county legislative body fails to attend the meeting of the board
1594 of county canvassers, the remaining members shall replace the absent member by appointing in
1595 the order named:
1596 (i) the county treasurer;
1597 (ii) the county assessor; or
1598 (iii) the county sheriff.
1599 (d) Attendance of the number of persons equal to a simple majority of the county
1600 legislative body, but not less than three persons, shall constitute a quorum for conducting the
1601 canvass.
1602 (e) The county clerk is the clerk of the board of county canvassers.
1603 (2) (a) The mayor and the municipal legislative body are the board of municipal
1604 canvassers for the municipality.
1605 (b) The board of municipal canvassers shall meet [
1606 place of meeting of the municipal legislative body[
1607 from a municipal general election[
1608 than 14 days after the election[
1609 [
1610
1611 (c) Attendance of a simple majority of the municipal legislative body shall constitute a
1612 quorum for conducting the canvass.
1613 (3) (a) The legislative body of the entity authorizing a bond election is the board of
1614 canvassers for each bond election.
1615 (b) The board of canvassers for the bond election shall comply with the canvassing
1616 procedures and requirements of Section 11-14-207.
1617 (c) Attendance of a simple majority of the legislative body of the entity authorizing a
1618 bond election shall constitute a quorum for conducting the canvass.
1619 Section 23. Section 20A-4-303.5 is enacted to read:
1620 20A-4-303.5. Counting ballots and evaluating votes for multi-candidate primary
1621 race or multi-candidate general race.
1622 (1) As used in this section:
1623 (a) "Candidate amplifier" means the product of:
1624 (i) two less than the total number of candidates in a given canvassing phase of a
1625 multi-candidate primary race; and
1626 (ii) .02%.
1627 (b) "Recount threshold" means the sum of the candidate amplifier and the following:
1628 (i) for a canvassing phase in which fewer than 1,000 valid votes are counted, 0.21%;
1629 (ii) for a canvassing phase in which at least 1,000, but fewer than 5,000, valid votes are
1630 counted, 0.19%;
1631 (iii) for a canvassing phase in which at least 5,000, but fewer than 25,000, valid votes
1632 are counted, 0.17%;
1633 (iv) for a canvassing phase in which at least 25,000, but fewer than 75,000, valid votes
1634 are counted, 0.15%;
1635 (v) for a canvassing phase in which at least 75,000, but fewer than 100,000, valid votes
1636 are counted, 0.13%; and
1637 (vi) for a canvassing phase in which 100,000 or more valid votes are counted, 0.11%.
1638 (2) (a) Except as provided in Subsection (2)(b), an election officer shall conduct a
1639 multi-candidate primary race and a multi-candidate general race using ranked choice voting, in
1640 accordance with the provisions of this section.
1641 (b) (i) In a multi-candidate primary race or a multi-candidate general race where
1642 candidates run to fill multiple at-large offices, the election officer may not conduct the election
1643 by ranked choice voting.
1644 (ii) An election officer may not include in a primary a race where:
1645 (A) candidates run to fill multiple at-large offices; and
1646 (B) the number of candidates does not exceed more than twice the number of offices
1647 for which the election officer holds the race.
1648 (iii) In a multi-candidate primary race described in Subsection (2)(b)(i), the election
1649 officer shall include on the general election ballot the number of candidates, equal to twice the
1650 number of offices for which the election officer holds the race, who received the highest
1651 number of votes.
1652 (iv) In a multi-candidate general race described in Subsection (2)(b)(i), the election
1653 officer shall declare elected the number of candidates, equal to the number of offices for which
1654 the election officer holds the race, who received the highest number of votes.
1655 (v) In a multi-candidate primary race described in this section or a multi-candidate
1656 general race described in this section, the election officer shall resolve a tie in a public meeting
1657 held within 30 days after the day on which the canvass is completed by lot in the presence of
1658 each candidate subject to the tie.
1659 (3) In a multi-candidate primary race or a multi-candidate general race, the board of
1660 canvassers shall:
1661 (a) (i) conduct the first phase of the canvass by counting the valid first preference votes
1662 for each candidate; and
1663 (ii) if, after complying with Subsection (7), one of the candidates receives more than
1664 50% of the valid first preference votes counted, declare that candidate nominated or elected, as
1665 applicable;
1666 (b) if, after counting the valid first preference votes for each candidate, and complying
1667 with Subsection (7), no candidate receives more than 50% of the valid first preference votes
1668 counted, conduct the second phase of the canvass by:
1669 (i) after complying with Subsection (8), excluding from the multi-candidate primary
1670 race or multi-candidate general race:
1671 (A) the candidate who received the fewest valid first preference votes counted; or
1672 (B) in the event of a tie for the fewest valid first preference votes counted, one of the
1673 candidates who tied for receiving the fewest valid first preference votes, determined by the
1674 election officer by lot, in accordance with Subsection (9);
1675 (ii) adding, to the valid first preference votes counted for the remaining candidates, the
1676 valid second preference votes cast for the remaining candidates by the voters who cast a valid
1677 first preference vote for the excluded candidate; and
1678 (iii) if, after adding the votes in accordance with Subsection (3)(b)(ii) and complying
1679 with Subsection (7), one candidate receives more than 50% of the valid votes counted,
1680 declaring that candidate nominated or elected, as applicable; or
1681 (c) if, after adding the valid second preference votes in accordance with Subsection
1682 (3)(b)(ii) and complying with Subsection (7), no candidate receives more than 50% of the valid
1683 votes counted, conduct subsequent phases of the canvass by continuing the process described
1684 in Subsection (3)(b) until a candidate receives more than 50% of the valid votes counted, as
1685 follows:
1686 (i) after complying with Subsection (8), excluding from consideration the candidate
1687 who has the fewest valid votes counted or, in the event of a tie for the fewest valid votes
1688 counted, excluding one of the candidates who received the fewest valid votes counted, by lot,
1689 in accordance with Subsection (9); and
1690 (ii) adding the next valid ranked choice vote cast by each voter whose vote was
1691 counted for the last excluded candidate to one of the remaining candidates, in the order of the
1692 next preference indicated by the voter, until, after complying with Subsection (7), one of the
1693 candidates receives more than 50% of the valid votes counted.
1694 (4) The board of canvassers shall declare the first candidate who receives more than
1695 50% of the valid votes counted under the process described in Subsection (3) to be nominated
1696 or elected, as applicable.
1697 (5) (a) A ranked choice vote is valid for a particular phase of a multi-candidate primary
1698 race or a multi-candidate general race if the voter indicates the voter's preference for that phase
1699 and all previous phases.
1700 (b) A ranked choice vote is not valid for a particular phase of a multi-candidate primary
1701 race or a multi-candidate general race, and for all subsequent phases, if the voter indicates the
1702 same rank for more than one candidate for that phase.
1703 (c) A ranked choice vote for a candidate in a multi-candidate primary race or a
1704 multi-candidate general race is not valid if the number for the rank assigned to the candidate by
1705 the voter is after a number for a rank that the voter does not assign to any candidate.
1706 (6) The election officer shall order that a recount be conducted of the valid votes
1707 counted in the applicable phase of the canvass if one candidate appears to have received at least
1708 50% of the vote, and the difference between the number of votes counted for the candidate who
1709 received the most valid votes for the applicable phase of the canvass and any other candidate in
1710 the race is equal to or less than the product of the following, rounded up to the nearest whole
1711 number:
1712 (a) the total number of voters who cast a valid vote that is counted in the applicable
1713 phase of the canvass for the race; and
1714 (b) the recount threshold.
1715 (7) Before excluding a candidate from a multi-candidate primary race or a
1716 multi-candidate general race under Subsection (3), the election officer shall order that a recount
1717 be conducted of the valid votes counted in the applicable canvassing phase if the difference
1718 between the number of votes counted for the candidate who received the fewest valid votes in
1719 the applicable canvassing phase of the race and any other candidate in the race is equal to or
1720 less than the product of the following, rounded up to the nearest whole number:
1721 (a) the total number of voters who cast a valid vote counted in that canvassing phase;
1722 and
1723 (b) the recount threshold.
1724 (8) For each phase of a canvass after the first phase, if, after a recount is completed
1725 under Subsection (7), two or more candidates tie as having the fewest valid votes counted at
1726 that point in the canvass, the election official shall eliminate one of those candidates from
1727 consideration by lot in the following manner:
1728 (a) determine the names of the candidates who received the fewest valid votes for that
1729 phase of the canvass;
1730 (b) cast the lot in the presence of at least two election officials and any counting poll
1731 watchers who are present and desire to witness the casting of the lot; and
1732 (c) sign a public document that:
1733 (i) certifies the method used for casting the lot and the result of the lot; and
1734 (ii) includes the signature of each individual who witnessed the casting of the lot.
1735 (9) For a multi-candidate primary race or a multi-candidate general race, if, after
1736 eliminating all but two of the candidates in the race and after a recount is completed under
1737 Subsection (6), the two remaining candidates have an equal number of valid votes counted in
1738 the latest canvassing phase, the election officer shall, in a public meeting held within 30 days
1739 after the day on which the canvass is completed, determine the nominee or election winner, as
1740 applicable, by lot in the presence of each candidate subject to the tie.
1741 Section 24. Section 20A-4-304 is amended to read:
1742 20A-4-304. Declaration of results -- Canvassers' report.
1743 (1) Each board of canvassers shall:
1744 (a) except as provided in Section 20A-4-303.5, declare "elected" or "nominated" those
1745 persons who:
1746 (i) had the highest number of votes; and
1747 (ii) sought election or nomination to an office completely within the board's
1748 jurisdiction;
1749 (b) declare:
1750 (i) "approved" those ballot propositions that:
1751 (A) had more "yes" votes than "no" votes; and
1752 (B) were submitted only to the voters within the board's jurisdiction;
1753 (ii) "rejected" those ballot propositions that:
1754 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1755 votes; and
1756 (B) were submitted only to the voters within the board's jurisdiction;
1757 (c) certify the vote totals for persons and for and against ballot propositions that were
1758 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
1759 the lieutenant governor; and
1760 (d) if applicable, certify the results of each local district election to the local district
1761 clerk.
1762 (2) (a) As soon as the result is declared, the election officer shall prepare a report of the
1763 result, which shall contain:
1764 (i) the total number of votes cast in the board's jurisdiction;
1765 (ii) the names of each candidate whose name appeared on the ballot;
1766 (iii) the title of each ballot proposition that appeared on the ballot;
1767 (iv) each office that appeared on the ballot;
1768 (v) from each voting precinct:
1769 (A) the number of votes for each candidate; [
1770 (B) for each multi-candidate primary race and each multi-candidate general race, the
1771 number of valid ranked choice votes cast for each candidate for each potential canvassing
1772 phase and the candidates excluded in each canvassing phase; and
1773 [
1774 (vi) the total number of votes given in the board's jurisdiction to each candidate, and
1775 for and against each ballot proposition;
1776 (vii) the number of ballots that were rejected; and
1777 (viii) a statement certifying that the information contained in the report is accurate.
1778 (b) The election officer and the board of canvassers shall:
1779 (i) review the report to ensure that it is correct; and
1780 (ii) sign the report.
1781 (c) The election officer shall:
1782 (i) record or file the certified report in a book kept for that purpose;
1783 (ii) prepare and transmit a certificate of nomination or election under the officer's seal
1784 to each nominated or elected candidate;
1785 (iii) publish a copy of the certified report:
1786 (A) in one or more conspicuous places within the jurisdiction;
1787 (B) in a conspicuous place on the county's website; and
1788 (C) in a newspaper with general circulation in the board's jurisdiction; and
1789 (iv) file a copy of the certified report with the lieutenant governor.
1790 (3) When there has been a regular general or a statewide special election for statewide
1791 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1792 or more county ballot proposition, each board of canvassers shall:
1793 (a) prepare a separate report detailing the number of votes for each candidate and the
1794 number of votes for and against each ballot proposition; and
1795 (b) transmit it by registered mail to the lieutenant governor.
1796 (4) In each county election, municipal election, school election, local district election,
1797 and local special election, the election officer shall transmit the reports to the lieutenant
1798 governor within 14 days after the date of the election.
1799 (5) In regular primary elections and in the Western States Presidential Primary, the
1800 board shall transmit to the lieutenant governor:
1801 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
1802 governor:
1803 (i) not later than the second Tuesday after the primary election for the regular primary
1804 election; and
1805 (ii) not later than the Tuesday following the election for the Western States Presidential
1806 Primary; and
1807 (b) a complete tabulation showing voting totals for all primary races, precinct by
1808 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
1809 primary election.
1810 Section 25. Section 20A-4-306 is amended to read:
1811 20A-4-306. Statewide canvass.
1812 (1) (a) The state board of canvassers shall convene:
1813 (i) on the fourth Monday of November, at noon; or
1814 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
1815 returns of a statewide special election.
1816 (b) The state auditor, the state treasurer, and the attorney general are the state board of
1817 canvassers.
1818 (c) Attendance of all members of the state board of canvassers shall be required to
1819 constitute a quorum for conducting the canvass.
1820 (2) (a) The state board of canvassers shall:
1821 (i) meet in the lieutenant governor's office; and
1822 (ii) compute and determine the vote for officers and for and against any ballot
1823 propositions voted upon by the voters of the entire state or of two or more counties.
1824 (b) The lieutenant governor, as secretary of the board shall file a report in [
1825 lieutenant governor's office that details:
1826 (i) for each statewide officer and ballot proposition:
1827 (A) the name of the statewide office or ballot proposition that appeared on the ballot;
1828 (B) the candidates for each statewide office whose names appeared on the ballot, plus
1829 any recorded write-in candidates;
1830 (C) the number of votes from each county cast for each candidate and for and against
1831 each ballot proposition;
1832 (D) the total number of votes cast statewide for each candidate and for and against each
1833 ballot proposition; and
1834 (E) the total number of votes cast statewide; and
1835 (ii) for each officer or ballot proposition voted on in two or more counties:
1836 (A) the name of each of those offices and ballot propositions that appeared on the
1837 ballot;
1838 (B) the candidates for those offices, plus any recorded write-in candidates;
1839 (C) the number of votes from each county cast for each candidate and for and against
1840 each ballot proposition; and
1841 (D) the total number of votes cast for each candidate and for and against each ballot
1842 proposition.
1843 (c) The lieutenant governor shall:
1844 (i) prepare certificates of election for:
1845 (A) each successful candidate; and
1846 (B) each of the presidential electors of the candidate for president who received a
1847 majority of the votes, after complying with Section 20A-4-303.5, if applicable;
1848 (ii) authenticate each certificate with [
1849 (iii) deliver a certificate of election to:
1850 (A) each candidate who had the highest number of votes for each office, after
1851 complying with Section 20A-4-303.5, if applicable; and
1852 (B) each of the presidential electors of the candidate for president who received a
1853 majority of the votes, after complying with Section 20A-4-303.5, if applicable.
1854 (3) If the lieutenant governor has not received election returns from all counties on the
1855 fifth day before the day designated for the meeting of the state board of canvassers, the
1856 lieutenant governor shall:
1857 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
1858 county;
1859 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
1860 required by Section 20A-4-304 from the clerk; and
1861 (c) pay the messenger the per diem provided by law as compensation.
1862 (4) The state board of canvassers may not withhold the declaration of the result or any
1863 certificate of election because of any defect or informality in the returns of any election if the
1864 board can determine from the returns, with reasonable certainty, what office is intended and
1865 who is elected to it.
1866 (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
1867 governor shall:
1868 (i) canvass the returns for all multicounty candidates required to file with the office of
1869 the lieutenant governor; and
1870 (ii) publish and file the results of the canvass in the lieutenant governor's office.
1871 (b) Not later than the August 1 after the primary election, the lieutenant governor shall
1872 certify the results of:
1873 (i) the primary canvass, except for the office of President of the United States, to the
1874 county clerks; and
1875 (ii) the primary canvass for the office of President of the United States to each
1876 registered political party that participated in the primary.
1877 (6) (a) At noon on the day that falls seven days after the last day on which a county
1878 canvass may occur under Section 20A-4-301 for the Western States Presidential Primary
1879 election, the lieutenant governor shall:
1880 (i) canvass the returns; and
1881 (ii) publish and file the results of the canvass in the lieutenant governor's office.
1882 (b) The lieutenant governor shall certify the results of the Western States Presidential
1883 Primary canvass to each registered political party that participated in the primary not later than
1884 the April 15 after the primary election.
1885 Section 26. Section 20A-4-401 is amended to read:
1886 20A-4-401. Recounts -- Procedure.
1887 (1) (a) This section does not apply to a multi-candidate primary race or a
1888 multi-candidate general race.
1889 [
1890 candidates, if the difference between the number of votes cast for a winning candidate in the
1891 race and a losing candidate in the race is equal to or less than .25% of the total number of votes
1892 cast for all candidates in the race, that losing candidate may file a request for a recount in
1893 accordance with Subsection (1)[
1894 [
1895 400 or less, if the difference between the number of votes cast for a winning candidate in the
1896 race and a losing candidate in the race is one vote, that losing candidate may file a request for a
1897 recount in accordance with Subsection (1)[
1898 [
1899 or (c) shall file the request[
1900
1901 canvass with:
1902 [
1903 [
1904 [
1905 [
1906 [
1907 (i) supervise the recount;
1908 (ii) recount all ballots cast for that race;
1909 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
1910 3, Absentee Voting;
1911 (iv) for a race where only one candidate may win, declare elected the candidate who
1912 receives the highest number of votes on the recount; and
1913 (v) for a race where multiple candidates may win, declare elected the applicable
1914 number of candidates who receive the highest number of votes on the recount.
1915 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
1916 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
1917 the total votes cast for or against the proposition, any 10 voters who voted in the election where
1918 the proposition was on the ballot may file a request for a recount within seven days of the
1919 canvass with the person described in Subsection (2)(c).
1920 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
1921 against the proposition is 400 or less, if the difference between the number of votes cast for the
1922 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
1923 voted in the election where the proposition was on the ballot may file a request for a recount
1924 within seven days of the canvass with the person described in Subsection (2)(c).
1925 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
1926 file the request with:
1927 (i) the municipal clerk, if the election is a municipal election;
1928 (ii) the local district clerk, if the election is a local district election;
1929 (iii) the county clerk, for propositions voted on entirely within a single county; or
1930 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
1931 (d) The election officer shall:
1932 (i) supervise the recount;
1933 (ii) recount all ballots cast for that ballot proposition or bond proposition;
1934 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
1935 3, Absentee Voting; and
1936 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
1937 based upon the results of the recount.
1938 (e) Proponents and opponents of the ballot proposition or bond proposition may
1939 designate representatives to witness the recount.
1940 (f) The voters requesting the recount shall pay the costs of the recount.
1941 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
1942 person requesting the recount.
1943 (4) (a) Upon completion of the recount, the election officer shall immediately convene
1944 the board of canvassers.
1945 (b) The board of canvassers shall:
1946 (i) canvass the election returns for the race or proposition that was the subject of the
1947 recount; and
1948 (ii) with the assistance of the election officer, prepare and sign the report required by
1949 Section 20A-4-304 or Section 20A-4-306.
1950 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
1951 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
1952 governor as required by Subsection 20A-4-304(3).
1953 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
1954 result of the race or proposition that is the subject of the recount.
1955 Section 27. Section 20A-5-302 is amended to read:
1956 20A-5-302. Automated voting system.
1957 (1) (a) Any county or municipal legislative body or local district board may:
1958 (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
1959 automated voting system that meets the requirements of this section; and
1960 (ii) use that system in any election, in all or a part of the voting precincts within its
1961 boundaries, or in combination with paper ballots.
1962 (b) Nothing in this title shall be construed to require the use of electronic voting
1963 devices in local special elections[
1964 (2) (a) Each automated voting system shall:
1965 (i) provide for voting in secrecy, except in the case of voters who have received
1966 assistance as authorized by Section 20A-3-108;
1967 (ii) permit each voter at any election to:
1968 (A) vote for all persons and offices for whom and for which that voter is lawfully
1969 entitled to vote;
1970 (B) vote for as many persons for an office as that voter is entitled to vote; and
1971 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
1972 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
1973 candidates of that party for president, vice president, and for their presidential electors;
1974 (iv) permit each voter, at any regular general election, to vote for all the candidates of
1975 one registered political party by making one mark or punch;
1976 (v) permit each voter to scratch vote;
1977 (vi) at elections other than primary elections, permit each voter to vote for the
1978 nominees of one or more parties and for independent candidates;
1979 (vii) at primary elections:
1980 (A) permit each voter to vote for candidates of the political party of his choice; and
1981 (B) reject any votes cast for candidates of another party;
1982 (viii) prevent the voter from voting for the same person more than once for the same
1983 office;
1984 (ix) provide the opportunity for each voter to change the ballot and to correct any error
1985 before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
1986 L. No. 107-252;
1987 (x) include automatic tabulating equipment that rejects choices recorded on a voter's
1988 ballot if the number of the voter's recorded choices is greater than the number which the voter
1989 is entitled to vote for the office or on the measure;
1990 (xi) be of durable construction, suitably designed so that it may be used safely,
1991 efficiently, and accurately in the conduct of elections and counting ballots;
1992 (xii) when properly operated, record correctly and count accurately each vote cast;
1993 (xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
1994 record that:
1995 (A) shall be available as an official record for any recount or election contest
1996 conducted with respect to an election where the voting equipment is used;
1997 (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
1998 place; and
1999 (II) shall permit the voter to inspect the record of the voter's selections independently
2000 only if reasonably practicable commercial methods permitting independent inspection are
2001 available at the time of certification of the voting equipment by the lieutenant governor;
2002 (C) shall include, at a minimum, human readable printing that shows a record of the
2003 voter's selections;
2004 (D) may also include machine readable printing which may be the same as the human
2005 readable printing; and
2006 (E) allows voting poll watchers and counting poll watchers to observe the election
2007 process to ensure its integrity; [
2008 (xiv) meet the requirements of Section 20A-5-402.5[
2009 (xv) permit ranked choice voting in accordance with Section 20A-4-303.5.
2010 (b) For the purposes of a recount or an election contest, if the permanent paper record
2011 contains a conflict or inconsistency between the human readable printing and the machine
2012 readable printing, the human readable printing shall supercede the machine readable printing
2013 when determining the intent of the voter.
2014 (c) Notwithstanding any other provisions of this section, the election officers shall
2015 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
2016 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
2017 for use in the counting devices in which they are intended to be placed.
2018 Section 28. Section 20A-5-401 is amended to read:
2019 20A-5-401. Official register -- Preparation -- Contents.
2020 (1) (a) Before the registration days for each regular general, municipal general, regular
2021 primary, [
2022 clerk shall prepare an official register of voters for each voting precinct that will participate in
2023 the election.
2024 (b) The county clerk shall ensure that the official register is prepared for the
2025 alphabetical entry of names and contains entry fields to provide for the following information:
2026 (i) registered voter's name;
2027 (ii) party affiliation;
2028 (iii) grounds for challenge;
2029 (iv) name of person challenging a voter;
2030 (v) primary, November, special;
2031 (vi) date of birth;
2032 (vii) place of birth;
2033 (viii) place of current residence;
2034 (ix) street address;
2035 (x) zip code;
2036 (xi) identification and provisional ballot information as required under Subsection
2037 (1)(d); and
2038 (xii) space for the voter to sign his name for each election.
2039 (c) When preparing the official register for the Western States Presidential Primary, the
2040 county clerk shall include:
2041 (i) an entry field to record the name of the political party whose ballot the voter voted;
2042 and
2043 (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
2044 (d) When preparing the official register for any regular general election, municipal
2045 general election, statewide special election, local special election, regular primary election,
2046 [
2047 clerk shall include:
2048 (i) an entry field for the poll worker to record the type of identification provided by the
2049 voter;
2050 (ii) a column for the poll worker to record the provisional envelope ballot number for
2051 voters who receive a provisional ballot; and
2052 (iii) a space for the poll worker to record the type of identification that was provided by
2053 voters who receive a provisional ballot.
2054 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
2055 elections, local district elections, and bond elections, the county clerk shall make an official
2056 register only for voting precincts affected by the primary, municipal, local district, or bond
2057 election.
2058 (ii) If a polling place to be used in a bond election serves both voters residing in the
2059 local political subdivision calling the bond election and voters residing outside of that local
2060 political subdivision, the official register shall designate whether each voter resides in or
2061 outside of the local political subdivision.
2062 (iii) Each county clerk, with the assistance of the clerk of each affected local district,
2063 shall provide a detailed map or an indication on the registration list or other means to enable a
2064 poll worker to determine the voters entitled to vote at an election of local district officers.
2065 (b) Municipalities shall pay the costs of making the official register for municipal
2066 elections.
2067 Section 29. Section 20A-5-404 is amended to read:
2068 20A-5-404. Election forms -- Preparation and contents.
2069 (1) (a) For each election, the election officer shall prepare, for each voting precinct, a:
2070 (i) ballot disposition form;
2071 (ii) total votes cast form;
2072 (iii) tally sheet form; and
2073 (iv) pollbook.
2074 (b) For each election, the election officer shall:
2075 (i) provide a copy of each form to each of those precincts using paper ballots; and
2076 (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
2077 precincts using an automated voting system.
2078 (2) The election officer shall ensure that the ballot disposition form contains a space
2079 for the judges to identify:
2080 (a) the number of ballots voted;
2081 (b) the number of substitute ballots voted, if any;
2082 (c) the number of ballots delivered to the voters;
2083 (d) the number of spoiled ballots;
2084 (e) the number of registered voters listed in the official register;
2085 (f) the total number of voters voting according to the pollbook; and
2086 (g) the number of unused ballots.
2087 (3) The election officer shall ensure that the total votes cast form contains:
2088 (a) the name of each candidate appearing on the ballot, the office for which the
2089 candidate is running, and a blank space for the election judges to record the number of votes
2090 that the candidate received;
2091 (b) for a multi-candidate primary race or a multi-candidate general race, the name of
2092 each candidate appearing on the ballot, the office for which the candidate is running, and blank
2093 spaces for the election judges to record the number of ranked choice votes counted for each
2094 candidate for each potential phase of the canvass;
2095 [
2096 write-in candidates, if any, and a blank space for the election judges to record the number of
2097 votes that the write-in candidate received;
2098 [
2099 judges to record the number of votes for and against each proposition; and
2100 [
2101 when they have completed the total votes cast form:
2102 "TOTAL VOTES CAST
2103 At an election held at ____ in ____ voting precinct in ____________(name of entity
2104 holding the election) and State of Utah, on __________(month\day\year), the following named
2105 persons received the number of votes annexed to their respective names for the following
2106 described offices: Total number of votes cast were as follows:
2107 Certified by us ____, ____, ____, Judges of Election."
2108 (4) The election officer shall ensure that the tally sheet form contains:
2109 (a) for each office, the names of the candidates for that office, and blank spaces to tally
2110 the votes that each candidate receives;
2111 (b) for a multi-candidate primary race or a multi-candidate general race, the name of
2112 each candidate for each office and blank spaces to tally the number of ranked choice votes
2113 counted for each candidate for each potential phase of the canvass;
2114 [
2115 write-in candidates, if any, and a blank space for the election judges to tally the votes for each
2116 write-in candidate;
2117 [
2118 words "Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of
2119 them for the election judges to tally the ballot proposition votes; and
2120 [
2121 when they have completed the tally sheet form:
2122 "Tally Sheet
2123 We the undersigned election judges for voting precinct #________________,
2124 _______________(entity holding the election) certify that this is a true and correct list of all
2125 persons voted for and ballot propositions voted on at the election held in that voting precinct on
2126 _______________________(date of election) and is a tally of the votes cast for each of those
2127 persons. Certified by us ____, ____, ____, Judges of Election."
2128 (5) The election officer shall ensure that the pollbook:
2129 (a) identifies the voting precinct number on its face; and
2130 (b) contains:
2131 (i) a section to record persons voting on election day, with columns entitled "Ballot
2132 Number" and "Voter's Name";
2133 (ii) another section in which to record absentee ballots;
2134 (iii) a section in which to record voters who are challenged; and
2135 (iv) a certification, in substantially the following form:
2136 "We, the undersigned, judges of an election held at ______ voting precinct, in _______
2137 County, state of Utah, on __________(month\day\year), having first been sworn according to
2138 law, certify that the information listed in this book is a true statement of the number and names
2139 of the persons voting in the voting precinct at the election, and that the total number of persons
2140 voting at the election was ____."
2141
_____________________________
2142
_____________________________
2143
_____________________________
2144
Judges of Election
2145 Section 30. Section 20A-5-406 is amended to read:
2146 20A-5-406. Delivery of ballots.
2147 (1) In elections using paper ballots or ballot sheets:
2148 (a) Each election officer shall deliver ballots to the poll workers of each voting precinct
2149 in his jurisdiction in an amount sufficient to meet voting needs during the voting period.
2150 (b) The election officer shall:
2151 (i) package and deliver the ballots to the election judges;
2152 (ii) clearly mark the outside of the package with:
2153 (A) the voting precinct and polling place for which it is intended; and
2154 (B) the number of each type of ballots enclosed;
2155 (iii) ensure that each package is delivered before commencement of voting to a poll
2156 worker in each precinct; and
2157 (iv) obtain a receipt for the ballots from the poll worker to whom they were delivered
2158 that identifies the date and time when, and the manner in which, each ballot package was sent
2159 and delivered.
2160 (c) The election officer shall prepare substitute ballots in the form required by this
2161 Subsection (1) if any poll worker reports that:
2162 (i) the ballots were not delivered on time; or
2163 (ii) after delivery, they were destroyed or stolen.
2164 (d) The election officer shall:
2165 (i) prepare the substitute ballots as nearly in the form prescribed for official ballots as
2166 practicable;
2167 (ii) cause the word "substitute" to be printed in brackets:
2168 (A) for a ballot prepared by an election officer other than a county clerk, immediately
2169 under [
2170 signature of the election officer and the election officer's title in eight point type; or
2171 (B) for a ballot prepared by a county clerk, immediately under the words required by
2172 Subsection 20A-6-301(1)(c)(iii);
2173 (iii) place the ballots in two separate packages, each package containing 1/2 the ballots
2174 sent to that voting precinct; and
2175 (iv) place a signed statement in each package certifying that the substitute ballots found
2176 in the package were prepared and furnished by the election officer, and that the original ballots
2177 were not received, were destroyed, or were stolen.
2178 (2) In elections using electronic ballots:
2179 (a) Each election officer shall:
2180 (i) deliver the voting devices and electronic ballots prior to the commencement of
2181 voting;
2182 (ii) ensure that the voting devices, equipment, and electronic ballots are properly
2183 secured before commencement of voting; and
2184 (iii) when electronic ballots or voting devices containing electronic ballots are
2185 delivered to a poll worker, obtain a receipt from the poll worker to whom they were delivered
2186 that identifies:
2187 (A) the name of the poll worker receiving delivery; and
2188 (B) the date and time when the ballots or voting devices containing the electronic
2189 ballots were delivered.
2190 (b) The election officer shall repair or provide substitute voting devices, equipment, or
2191 electronic ballots, if available, if any poll worker reports that:
2192 (i) the voting devices or equipment were not delivered on time;
2193 (ii) the voting devices or equipment do not contain the appropriate electronic ballot
2194 information;
2195 (iii) the safety devices on the voting devices, equipment, or electronic ballots appear to
2196 have been tampered with;
2197 (iv) the voting devices or equipment do not appear to be functioning properly; or
2198 (v) after delivery, the voting devices, equipment, or electronic ballots were destroyed
2199 or stolen.
2200 (c) If the election officer is unable to prepare and provide substitute voting devices,
2201 equipment, or electronic ballots, the election officer may elect to provide paper ballots or ballot
2202 sheets according to the requirements of Subsection (1).
2203 Section 31. Section 20A-6-203 is amended to read:
2204 20A-6-203. Ballots for regular primary elections.
2205 (1) The lieutenant governor, together with county clerks, suppliers of election
2206 materials, and representatives of registered political parties, shall:
2207 (a) develop paper ballots, ballot labels, ballot sheets, and electronic ballots to be used
2208 in Utah's regular primary election;
2209 (b) ensure that the paper ballots, ballot labels, ballot sheets, and electronic ballots
2210 comply generally, where applicable, with the requirements of Title 20A, Chapter 6, Part 1,
2211 General Requirements for All Ballots, and this section; and
2212 (c) provide voting booths, election records and supplies, ballot boxes, and as
2213 applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
2214 (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
2215 Chapter 6, Part 1, General Requirements for All Ballots, and [
2216 [
2217 of election materials, and representatives of registered political parties shall ensure that the
2218 paper ballots, ballot labels, ballot sheets, electronic ballots, and voting booths, election records
2219 and supplies, and ballot boxes:
2220 (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
2221 voters are authorized to vote for a party's candidate;
2222 (ii) simplify the task of poll workers, particularly in determining a voter's party
2223 affiliation;
2224 (iii) minimize the possibility of spoiled ballots due to voter confusion; and
2225 (iv) protect against fraud.
2226 (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
2227 county clerks, suppliers of election materials, and representatives of registered political parties
2228 shall:
2229 (i) mark, prepunch, or otherwise identify ballots and ballot sheets as being for a
2230 particular registered political party; and
2231 (ii) instruct persons counting the ballots to count only those votes for candidates from
2232 the registered political party whose ballot the voter received.
2233 Section 32. Section 20A-6-203.5 is enacted to read:
2234 20A-6-203.5. Multi-candidate primary race or multi-candidate general race
2235 ballot.
2236 If, in an election, at least one of the races is a multi-candidate primary race or a
2237 multi-candidate general race, the portion of the ballot relating to that race shall:
2238 (1) list each candidate who qualifies to be placed on the election ballot for that race;
2239 (2) opposite each candidate's name, include a place where a voter can indicate the
2240 voter's vote in order of preference for each candidate, as described in Subsection 20A-3-105(5);
2241 and
2242 (3) provide the ability for a voter to enter one write-in candidate's name and indicate
2243 the voter's ordered preference for the write-in candidate.
2244 Section 33. Section 20A-6-301 is amended to read:
2245 20A-6-301. Paper ballots -- Regular general election.
2246 (1) Each election officer shall ensure that:
2247 (a) all paper ballots furnished for use at the regular general election contain:
2248 (i) no captions or other endorsements except as provided in this section;
2249 (ii) no symbols, markings, or other descriptions of a political party or group, except for
2250 a registered political party that has chosen to nominate its candidates in accordance with
2251 Section 20A-9-403; and
2252 (iii) no indication that a candidate for elective office has been nominated by, or has
2253 been endorsed by, or is in any way affiliated with a political party or group, unless the
2254 candidate has been nominated by a registered political party in accordance with Subsection
2255 20A-9-202(4) or Subsection 20A-9-403(5).
2256 (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
2257 top of the ballot, and divided from the rest of ballot by a perforated line;
2258 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
2259 stub; and
2260 (iii) ballot stubs are numbered consecutively;
2261 (c) immediately below the perforated ballot stub, the following endorsements are
2262 printed in 18 point bold type:
2263 (i) "Official Ballot for ____ County, Utah";
2264 (ii) the date of the election; and
2265 (iii) the words "Clerk of __________ County" or, as applicable, the name of a
2266 combined office that includes the duties of a county clerk;
2267 (d) the party name or title is printed in capital letters not less than one-fourth of an inch
2268 high;
2269 (e) unaffiliated candidates, candidates not affiliated with a registered political party,
2270 and all other candidates for elective office who were not nominated by a registered political
2271 party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are listed with
2272 the other candidates for the same office in accordance with Section 20A-6-305, without a party
2273 name or title, and with a mark referencing the following statement at the bottom of the ticket:
2274 "This candidate is not affiliated with, or does not qualify to be listed on the ballot as affiliated
2275 with, a political party.";
2276 (f) each ticket containing the lists of candidates, including the party name and device,
2277 are separated by heavy parallel lines;
2278 (g) the offices to be filled are plainly printed immediately above the names of the
2279 candidates for those offices;
2280 (h) the names of candidates are printed in capital letters, not less than one-eighth nor
2281 more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
2282 lines or rules three-eighths of an inch apart; and
2283 (i) except as provided in Subsection 20A-3-105(6), on a ticket for a race in which a
2284 voter is authorized to cast a write-in vote and in which a write-in candidate is qualified under
2285 Section 20A-9-601:
2286 (i) the ballot includes a space for a write-in candidate immediately following the last
2287 candidate listed on that ticket; or
2288 (ii) for the offices of president and vice president and governor and lieutenant
2289 governor, the ballot includes two spaces for write-in candidates immediately following the last
2290 candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
2291 candidates.
2292 (2) Each election officer shall ensure that:
2293 (a) each person nominated by any registered political party under Subsection
2294 20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:
2295 (i) under the registered political party's name, if any; or
2296 (ii) under the title of the registered political party as designated by them in their
2297 certificates of nomination or petition, or, if none is designated, then under some suitable title;
2298 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
2299 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
2300 (c) the names of the candidates for president and vice president are used on the ballot
2301 instead of the names of the presidential electors; and
2302 (d) the ballots contain no other names.
2303 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
2304 that:
2305 (a) the designation of the office to be filled in the election and the number of
2306 candidates to be elected are printed in type not smaller than eight point;
2307 (b) the words designating the office are printed flush with the left-hand margin;
2308 (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
2309 which the voter may vote)" extend to the extreme right of the column;
2310 (d) the nonpartisan candidates are grouped according to the office for which they are
2311 candidates;
2312 (e) the names in each group are placed in the order specified under Section 20A-6-305
2313 with the surnames last; and
2314 (f) each group is preceded by the designation of the office for which the candidates
2315 seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
2316 candidates for which the voter may vote)," according to the number to be elected.
2317 (4) Each election officer shall ensure that:
2318 (a) proposed amendments to the Utah Constitution are listed on the ballot in
2319 accordance with Section 20A-6-107;
2320 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
2321 with Section 20A-6-107; and
2322 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
2323 title assigned to each bond proposition under Section 11-14-206.
2324 Section 34. Section 20A-6-402 is amended to read:
2325 20A-6-402. Ballots for municipal general elections.
2326 (1) When using a paper ballot at municipal general elections, each election officer shall
2327 ensure that:
2328 [
2329
2330 [
2331
2332 [
2333 [
2334
2335
2336 [
2337
2338 [
2339 under Section 20A-6-305;
2340 [
2341 write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the
2342 ballot that contains, for each office in which there is a qualified write-in candidate:
2343 (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
2344 (ii) a square or other conforming area that is adjacent to or opposite the blank
2345 horizontal line to enable the voter to indicate the voter's vote;
2346 [
2347 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
2348 listed on the ballot in accordance with Section 20A-6-107; and
2349 [
2350 under the title assigned to each bond proposition under Section 11-14-206.
2351 (2) When using a punch card ballot at municipal general elections, each election officer
2352 shall ensure that:
2353 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across
2354 the top of the ballot;
2355 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
2356 stub; and
2357 (iii) ballot stubs are numbered consecutively;
2358 (b) immediately below the perforated ballot stub, the following endorsements are
2359 printed in 18 point bold type:
2360 (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
2361 (ii) the date of the election; and
2362 (iii) a facsimile of the signature of the election officer and the election officer's title in
2363 eight-point type;
2364 (c) immediately below the election officer's title, two one-point parallel horizontal
2365 rules separate endorsements from the rest of the ballot;
2366 (d) immediately below the horizontal rules, an "Instructions to Voters" section is
2367 printed in 10-point bold type that states: "To vote for a candidate, place a cross (X) in the
2368 square following the name(s) of the person(s) you favor as the candidate(s) for each respective
2369 office." followed by two one-point parallel rules;
2370 (e) after the rules, the designation of the office for which the candidates seek election is
2371 printed flush with the left-hand margin and the words, "Vote for one" or "Vote for up to _____
2372 (the number of candidates for which the voter may vote)" are printed to extend to the extreme
2373 right of the column in 10-point bold type, followed by a hair-line rule;
2374 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
2375 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
2376 with surnames last and grouped according to the office that they seek;
2377 (g) a square with sides not less than one-fourth inch long is printed immediately
2378 adjacent to the names of the candidates;
2379 (h) following the name of the last candidate for each office in which a write-in
2380 candidate is qualified under Section 20A-9-601, the ballot contains:
2381 (i) a write-in space for each elective office in which a write-in candidate is qualified
2382 where the voter may enter the name of a valid write-in candidate; and
2383 (ii) a square printed immediately adjacent to the write-in space or line where the voter
2384 may vote for a valid write-in candidate; and
2385 (i) the candidate groups are separated from each other by one light and one heavy line
2386 or rule.
2387 (3) When using a ballot sheet other than a punch card ballot at municipal general
2388 elections, each election officer shall ensure that:
2389 (a) (i) the ballot contains a perforated ballot stub placed across the top of the ballot;
2390 (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
2391 stub; and
2392 (iii) ballot stubs are numbered consecutively;
2393 (b) immediately below the perforated ballot stub, the following endorsements are
2394 printed:
2395 (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
2396 (ii) the date of the election; and
2397 (iii) a facsimile of the signature of the election officer and the election officer's title;
2398 (c) immediately below the election officer's title, a distinct border or line separates
2399 endorsements from the rest of the ballot;
2400 (d) immediately below the border or line, an "Instructions to Voters" section is printed
2401 that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
2402 candidate(s) for each respective office." followed by another border or line;
2403 (e) after the border or line, the designation of the office for which the candidates seek
2404 election is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
2405 candidates for which the voter may vote)" are printed, followed by a line or border;
2406 (f) after the line or border, the names of the candidates are printed in the order
2407 specified under Section 20A-6-305 with surnames last and grouped according to the office that
2408 they seek;
2409 (g) an oval is printed adjacent to the names of the candidates;
2410 (h) following the name of the last candidate for each office in which a write-in
2411 candidate is qualified under Section 20A-9-601, the ballot contains:
2412 (i) a write-in space or blank line for each elective office in which a write-in candidate
2413 is qualified where the voter may enter the name of a valid write-in candidate; and
2414 (ii) an oval printed adjacent to the write-in space or line where the voter may vote for a
2415 valid write-in candidate; and
2416 (i) the candidate groups are separated from each other by a line or border.
2417 (4) When using an electronic ballot at municipal general elections, each election officer
2418 shall ensure that:
2419 (a) the following endorsements are displayed on the first screen of the ballot:
2420 (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
2421 (ii) the date of the election; and
2422 (iii) a facsimile of the signature of the election officer and the election officer's title;
2423 (b) immediately below the election officer's title, a distinct border or line separates the
2424 endorsements from the rest of the ballot;
2425 (c) immediately below the border or line, an "Instructions to Voters" section is
2426 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
2427 the candidate(s) for each respective office." followed by another border or line;
2428 (d) after the border or line, the designation of the office for which the candidates seek
2429 election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
2430 candidates for which the voter may vote)" are displayed, followed by a line or border;
2431 (e) after the line or border, the names of the candidates are displayed in the order
2432 specified under Section 20A-6-305 with surnames last and grouped according to the office that
2433 they seek;
2434 (f) a voting square or position is located adjacent to the name of each candidate;
2435 (g) following the name of the last candidate for each office in which a write-in
2436 candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
2437 voter may enter the name of and vote for a valid write-in candidate for the office; and
2438 (h) the candidate groups are separated from each other by a line or border.
2439 (5) When a municipality has chosen to nominate candidates by convention or
2440 committee, the election officer shall ensure that the party name is included with the candidate's
2441 name on the ballot.
2442 Section 35. Section 20A-9-403 is amended to read:
2443 20A-9-403. Regular primary elections.
2444 (1) (a) Candidates for elective office that are to be filled at the next regular general
2445 election shall be nominated in a regular primary election by direct vote of the people in the
2446 manner prescribed in this section and, for a multi-candidate primary race, Subsection
2447 20A-3-105(5) and Section 20A-4-303.5. The fourth Tuesday of June of each even-numbered
2448 year is designated as regular primary election day. Nothing in this section shall affect a
2449 candidate's ability to qualify for a regular general election's ballot as an unaffiliated candidate
2450 under Section 20A-9-501 or to participate in a regular general election as a write-in candidate
2451 under Section 20A-9-601.
2452 (b) Each registered political party that chooses to have the names of its candidates for
2453 elective office featured with party affiliation on the ballot at a regular general election shall
2454 comply with the requirements of this section and shall nominate its candidates for elective
2455 office in the manner prescribed in this section.
2456 (c) A filing officer may not permit an official ballot at a regular general election to be
2457 produced or used if the ballot denotes affiliation between a registered political party or any
2458 other political group and a candidate for elective office who was not nominated in the manner
2459 prescribed in this section or in Subsection 20A-9-202(4).
2460 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
2461 even-numbered year in which a regular general election will be held.
2462 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
2463 shall:
2464 (i) either declare their intent to participate in the next regular primary election or
2465 declare that the registered political party chooses not to have the names of its candidates for
2466 elective office featured on the ballot at the next regular general election; and
2467 (ii) if the registered political party participates in the upcoming regular primary
2468 election, identify one or more registered political parties whose members may vote for the
2469 registered political party's candidates and whether [
2470 unaffiliated with a political party may vote for the registered political party's candidates.
2471 (b) (i) A registered political party that is a continuing political party must file the
2472 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
2473 November 15 of each odd-numbered year.
2474 (ii) An organization that is seeking to become a registered political party under Section
2475 20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
2476 political party files the petition described in Section 20A-8-103.
2477 (3) (a) Except as provided in Subsection (3)(e), a person who [
2478 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
2479 office on the regular primary ballot of the registered political party listed on the declaration of
2480 candidacy only if the person is certified by the appropriate filing officer as having submitted a
2481 set of nomination petitions that was:
2482 (i) circulated and completed in accordance with Section 20A-9-405; and
2483 (ii) signed by at least two percent of the registered political party's members who reside
2484 in the political division of the office that the person seeks.
2485 (b) A candidate for elective office shall submit nomination petitions to the appropriate
2486 filing officer for verification and certification no later than 5 p.m. on the final day in March.
2487 Candidates may supplement their submissions at any time on or before the filing deadline.
2488 (c) The lieutenant governor shall determine for each elective office the total number of
2489 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
2490 of persons residing in each elective office's political division who have designated a particular
2491 registered political party on their voter registration forms as of November 1 of each
2492 odd-numbered year. The lieutenant governor shall publish this determination for each elective
2493 office no later than November 15 of each odd-numbered year.
2494 (d) The filing officer shall:
2495 (i) verify signatures on nomination petitions in a transparent and orderly manner;
2496 (ii) for all qualifying candidates for elective office who submitted nomination petitions
2497 to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
2498 the first Monday after the third Saturday in April;
2499 (iii) consider active and inactive voters eligible to sign nomination petitions;
2500 (iv) consider a person who signs a nomination petition a member of a registered
2501 political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
2502 political party as the person's party membership on the person's voter registration form; and
2503 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
2504 petition signatures, or use statistical sampling procedures to verify submitted nomination
2505 petition signatures pursuant to rules made under Subsection (3)(f).
2506 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
2507 lieutenant governor may appear on the regular primary ballot of a registered political party
2508 without submitting nomination petitions if the candidate files a declaration of candidacy and
2509 complies with Subsection 20A-9-202(3).
2510 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2511 director of elections, within the Office of the Lieutenant Governor, shall make rules that:
2512 (i) provide for the use of statistical sampling procedures that:
2513 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
2514 (B) reflect a bona fide effort to determine the validity of a candidate's entire
2515 submission, using widely recognized statistical sampling techniques; and
2516 (ii) provide for the transparent, orderly, and timely submission, verification, and
2517 certification of nomination petition signatures.
2518 (g) The county clerk shall:
2519 (i) review the declarations of candidacy filed by candidates for local boards of
2520 education to determine if more than two candidates have filed for the same seat;
2521 (ii) place the names of all candidates who have filed a declaration of candidacy for a
2522 local board of education seat on the nonpartisan section of the ballot if more than two
2523 candidates have filed for the same seat; and
2524 (iii) determine the order of the local board of education candidates' names on the ballot
2525 in accordance with Section 20A-6-305.
2526 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
2527 governor shall provide to the county clerks:
2528 (i) a list of the names of all candidates for federal, constitutional, multi-county, and
2529 county offices who have received certifications under Subsection (3), along with instructions
2530 on how those names shall appear on the primary-election ballot in accordance with Section
2531 20A-6-305; and
2532 (ii) a list of unopposed candidates for elective office who have been nominated by a
2533 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
2534 candidates from the primary-election ballot.
2535 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
2536 joint-ticket running mates shall appear jointly on the primary-election ballot.
2537 (c) After the county clerk receives the certified list from the lieutenant governor under
2538 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
2539 substantially the following form:
2540 "Notice is given that a primary election will be held Tuesday, June ____,
2541 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
2542 local school board positions listed on the primary ballot. The polling place for voting precinct
2543 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
2544 Attest: county clerk."
2545 (5) (a) (i) [
2546 than presidential candidates, receiving the highest number of votes cast for each office at the
2547 regular primary election are nominated by their registered political party for that office or are
2548 nominated as a candidate for a nonpartisan local school board position.
2549 (ii) A candidate in a multi-candidate primary race who is declared nominated in
2550 accordance with Section 20A-4-303.5 is nominated by that candidate's registered political party
2551 for the office to which the race relates.
2552 (b) If two or more candidates, other than presidential candidates, are to be elected to
2553 the office at the regular general election, those party candidates equal in number to positions to
2554 be filled who receive the highest number of votes at the regular primary election are the
2555 nominees of their party for those positions.
2556 (c) A candidate who is unopposed for an elective office in the regular primary election
2557 of a registered political party is nominated by the party for that office without appearing on the
2558 primary ballot. A candidate is "unopposed" if no person other than the candidate has received a
2559 certification under Subsection (3) for the regular primary election ballot of the candidate's
2560 registered political party for a particular elective office.
2561 (6) (a) [
2562 occurs in any primary election for any national, state, or other office that represents more than
2563 one county, the governor, lieutenant governor, and attorney general shall, at a public meeting
2564 called by the governor and in the presence of the candidates involved, select the nominee by lot
2565 cast in whatever manner the governor determines.
2566 (b) [
2567 in any primary election for any county office, the district court judges of the district in which
2568 the county is located shall, at a public meeting called by the judges and in the presence of the
2569 candidates involved, select the nominee by lot cast in whatever manner the judges determine.
2570 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
2571 primary election provided for by this section, and all expenses necessarily incurred in the
2572 preparation for or the conduct of that primary election shall be paid out of the treasury of the
2573 county or state, in the same manner as for the regular general elections.
2574 (8) An individual may not file a declaration of candidacy for a registered political party
2575 of which the individual is not a member, except to the extent that the registered political party
2576 permits otherwise under the registered political party's bylaws.
2577 Section 36. Section 20A-9-409 is amended to read:
2578 20A-9-409. Primary election provisions relating to qualified political party.
2579 (1) The fourth Tuesday of June of each even-numbered year is designated as a regular
2580 primary election day.
2581 (2) A qualified political party that nominates one or more candidates for an elective
2582 office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
2583 office under Section 20A-9-408, may, but is not required to, participate in the primary election
2584 for that office.
2585 (3) A qualified political party that has only one candidate qualify as a candidate for an
2586 elective office under Section 20A-9-408 and does not nominate a candidate for that office
2587 under Section 20A-9-407, may, but is not required to, participate in the primary election for
2588 that office.
2589 (4) A qualified political party that nominates one or more candidates for an elective
2590 office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
2591 office under Section 20A-9-408 shall participate in the primary election for that office.
2592 (5) A qualified political party that has two or more candidates qualify as candidates for
2593 an elective office under Section 20A-9-408 and does not nominate a candidate for that office
2594 under Section 20A-9-407 shall participate in the primary election for that office.
2595 (6) For a multi-candidate primary race, the nominee for a qualified political party that
2596 voluntarily participates in a primary election for that race under Subsection (2), or is required to
2597 participate in a primary election under Subsection (4) or (5), shall be determined in accordance
2598 with Section 20A-4-303.5.
2599 Section 37. Section 20A-13-301 is amended to read:
2600 20A-13-301. Presidential elections -- Effect of vote.
2601 (1) (a) Each registered political party shall choose persons to act as presidential electors
2602 and to fill vacancies in the office of presidential electors for their party's candidates for
2603 President and Vice President according to the procedures established in their bylaws.
2604 (b) Each registered political party shall certify to the lieutenant governor the names and
2605 addresses of the persons selected by the political party as the party's presidential electors by
2606 August 31.
2607 (2) [
2608 political party's president and vice president candidates elects the presidential electors selected
2609 by that political party.
2610 Section 38. Section 20A-13-302 is amended to read:
2611 20A-13-302. Certificate of election.
2612 (1) The lieutenant governor shall transmit certificates of election to each of the electors
2613 selected by the political party whose candidates for president and vice president received the
2614 highest number of votes in Utah, in accordance with Section 20A-4-303.5.
2615 (2) Presidential electors may not receive compensation for their services.
2616 Section 39. Section 20A-16-402 is amended to read:
2617 20A-16-402. Timeliness and scope of application for military-overseas ballot.
2618 (1) An application for a military-overseas ballot is timely if received by the Thursday
2619 immediately before the election.
2620 (2) An application for a military-overseas ballot for a regular primary election [
2621
2622 military-overseas ballot for the regular general election or municipal general election.
2623 Section 40. Section 63I-1-220 is amended to read:
2624 63I-1-220. Repeal dates, Title 20A.
2625 [
2626 [
2627 [
2628 [
2629
2630 [
2631
2632 [
2633
2634 [
2635
2636 [
2637 [
2638
2639 [
2640
2641 [
2642
2643 [
2644 Section 41. Section 67-1a-15 is enacted to read:
2645 67-1a-15. Report to Government Operations Interim Committee on
2646 implementation of Ranked Choice Voting.
2647 The lieutenant governor or the lieutenant governor's designee shall, on or before
2648 November 30, 2017, and on or before November 30, 2018, report to the Government
2649 Operations Interim Committee on the progress towards implementation of ranked choice voting
2650 in the state, including:
2651 (1) equipment and other technology being used or purchased for ranked choice voting;
2652 (2) information relating to process and procedure; and
2653 (3) suggestions for any legislative action that should be taken to ensure successful
2654 implementation of ranked choice voting.
2655 Section 42. Repealer.
2656 This bill repeals:
2657 Section 20A-6-401, Ballots for municipal primary elections.
2658 Section 20A-6-401.1, Ballots for partisan municipal primary elections.
2659 Section 20A-9-404, Municipal primary elections.
2660 Section 43. Effective date.
2661 (1) Except as provided in Subsection (2), this bill takes effect on January 1, 2019.
2662 (2) Section 67-1a-15 takes effect on July 1, 2017.