1     
AMENDMENTS TO ELECTION LAW

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Margaret Dayton

5     
House Sponsor: Lee B. Perry

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to elections.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the deadline for publication of a municipal election notice;
13          ▸     amends provisions relating to a midterm vacancy in a municipal office;
14          ▸     provides a deadline for informing a voter registration applicant of action taken on
15     the application;
16          ▸     amends provisions relating to a local voter information pamphlet;
17          ▸     amends political party registration petition requirements;
18          ▸     amends provisions relating to municipal elections;
19          ▸     amends provisions relating to the certification provided by the lieutenant governor
20     for a regular primary election;
21          ▸     changes the deadline for a qualified political party to provide certification regarding
22     who may vote for the qualified political party's candidates in a primary election;
23          ▸     amends provisions relating to the declaration of candidacy for the office of
24     lieutenant governor;
25          ▸     amends provisions relating to an election to create a new school district; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:

30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          10-2a-214, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
34     amended by Laws of Utah 2015, Chapter 352
35          10-2a-305.1, as enacted by Laws of Utah 2015, Chapter 111 and last amended by
36     Coordination Clause, Laws of Utah 2015, Chapter 352
37          10-3-301, as last amended by Laws of Utah 2014, Chapter 38
38          20A-1-510, as last amended by Laws of Utah 2012, Chapter 327
39          20A-2-304, as last amended by Laws of Utah 2006, Chapter 264
40          20A-7-402, as last amended by Laws of Utah 2016, Chapter 53
41          20A-8-103, as last amended by Laws of Utah 2013, Chapter 253
42          20A-9-203, as last amended by Laws of Utah 2014, Chapter 38
43          20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
44          20A-9-404, as last amended by Laws of Utah 2013, Chapter 402
45          20A-9-406, as last amended by Laws of Utah 2016, Chapters 16 and 66
46          20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
47          20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
48          20A-9-409, as enacted by Laws of Utah 2014, Chapter 17
49          53A-2-117, as last amended by Laws of Utah 2011, Chapters 300 and 369
50          53A-2-118, as last amended by Laws of Utah 2010, Chapter 230
51          53A-2-118.1, as last amended by Laws of Utah 2011, Chapter 300
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 10-2a-214 is amended to read:
55          10-2a-214. Notice of number of commission or council members to be elected and
56     of district boundaries -- Declaration of candidacy for city office.
57          (1) (a) Within 20 days of the county legislative body's receipt of the information under

58     Subsection 10-2a-213(1)(d), the county clerk shall publish, in accordance with Subsection
59     (1)(b), notice containing:
60          (i) the number of commission or council members to be elected for the new city;
61          (ii) if some or all of the commission or council members are to be elected by district, a
62     description of the boundaries of those districts as designated by the petition sponsors under
63     Subsection 10-2a-213(1)(b);
64          (iii) information about the deadline for filing a declaration of candidacy for those
65     seeking to become candidates for mayor or city commission or council; and
66          (iv) information about the length of the initial term of each of the city officers, as
67     determined by the petition sponsors under Subsection 10-2a-213(1)(c).
68          (b) The notice under Subsection (1)(a) shall be published:
69          (i) in a newspaper of general circulation within the future city at least once a week for
70     two successive weeks; and
71          (ii) in accordance with Section 45-1-101 for two weeks.
72          (c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
73     circulation within the future city, the county clerk shall post at least one notice per 1,000
74     population in conspicuous places within the future city that are most likely to give notice to the
75     residents of the future city.
76          (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
77     Subsection (1)(a).
78          (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
79     seven days before the deadline for filing a declaration of candidacy under Subsection (2).
80          (2) Notwithstanding Subsection 20A-9-203[(2)](3)(a), each [person] individual seeking
81     to become a candidate for mayor or city commission or council of a city incorporating under
82     this part shall file a declaration of candidacy with the clerk of the county in which the future
83     city is located and in accordance with the deadlines set by the clerk as authorized by Section
84     10-2a-215.
85          Section 2. Section 10-2a-305.1 is amended to read:

86          10-2a-305.1. Notice of number of council members to be elected and of district
87     boundaries -- Declaration of candidacy for city office -- Occupation of office.
88          (1) (a) Within 20 days of the county legislative body's receipt of the information under
89     Subsection 10-2a-305(2)(b), the county clerk shall publish, in accordance with Subsection
90     (1)(b), notice containing:
91          (i) information about the deadline for filing a declaration of candidacy for those
92     seeking to become candidates for mayor or town council; and
93          (ii) information about the length of the initial term of each of the town officers, as
94     determined by the petition sponsors under Subsection 10-2a-305(2)(a).
95          (b) The notice under Subsection (1)(a) shall be published:
96          (i) in a newspaper of general circulation within the future town at least once a week for
97     two successive weeks; and
98          (ii) in accordance with Section 45-1-101 for two weeks.
99          (c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
100     circulation within the future city, the county clerk shall post at least one notice per 1,000
101     population in conspicuous places within the future town that are most likely to give notice to
102     the residents of the future town.
103          (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
104     Subsection (1)(a).
105          (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
106     seven days before the deadline for filing a declaration of candidacy under Subsection (2).
107          (2) Notwithstanding Subsection 20A-9-203[(2)](3)(a), each [person] individual seeking
108     to become a candidate for mayor or town council of a town incorporating under this part shall,
109     within 45 days of the incorporation election under Section 10-2a-304, file a declaration of
110     candidacy with the clerk of the county in which the future town is located.
111          Section 3. Section 10-3-301 is amended to read:
112          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
113     office -- Mayor and recorder limitations.

114          (1) (a) On or before [February] May 1 in a year in which there is a municipal general
115     election, the municipal clerk shall publish a notice that identifies:
116          (i) the municipal offices to be voted on in the municipal general election; and
117          (ii) the dates for filing a declaration of candidacy for the offices identified under
118     Subsection (1)(a)(i).
119          (b) The municipal clerk shall publish the notice described in Subsection (1)(a):
120          (i) on the Utah Public Notice Website established by Section 63F-1-701; and
121          (ii) in at least one of the following ways:
122          (A) at the principal office of the municipality;
123          (B) in a newspaper of general circulation within the municipality at least once a week
124     for two successive weeks in accordance with Section 45-1-101;
125          (C) in a newsletter produced by the municipality;
126          (D) on a website operated by the municipality; or
127          (E) with a utility enterprise fund customer's bill.
128          (2) (a) [A person filing] An individual who files a declaration of candidacy for a
129     municipal office shall [meet] comply with the requirements [of] described in Section
130     20A-9-203.
131          (b) (i) Except as provided in Subsection (2)(b)(ii), the city recorder or town clerk of
132     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
133     Subsections 20A-9-203[(2)](3)(a)(i) and (b)(i) unless the date occurs on a:
134          (A) Saturday or Sunday; or
135          (B) state holiday as listed in Section 63G-1-301.
136          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
137     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
138     (2)(b)(i) without maintaining office hours by:
139          (A) posting the recorder's or clerk's contact information, including a phone number and
140     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
141     and, if available, on the municipal website; and

142          (B) being available [at that contact information] from 8 a.m. to 5 p.m. on the dates
143     described in Subsection (2)(b)(i), via the contact information described in Subsection
144     (2)(b)(ii)(A).
145          (3) [Any person] An individual elected to municipal office shall be a registered voter in
146     the municipality in which the [person was] individual is elected.
147          (4) (a) Each elected officer of a municipality shall maintain residency within the
148     boundaries of the municipality during the officer's term of office.
149          (b) If an elected officer of a municipality establishes a principal place of residence as
150     provided in Section 20A-2-105 outside the municipality during the officer's term of office, the
151     office is automatically vacant.
152          (5) If an elected municipal officer is absent from the municipality any time during the
153     officer's term of office for a continuous period of more than 60 days without the consent of the
154     municipal legislative body, the municipal office is automatically vacant.
155          (6) (a) A mayor of a municipality may not also serve as the municipal recorder or
156     treasurer.
157          (b) The recorder of a municipality may not also serve as the municipal treasurer.
158          Section 4. Section 20A-1-510 is amended to read:
159          20A-1-510. Midterm vacancies in municipal offices.
160          (1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the
161     office of municipal executive or member of a municipal legislative body, the municipal
162     legislative body shall appoint a registered voter in the municipality who meets the
163     qualifications for office [established] described in Section 10-3-301 to fill the unexpired term
164     of the vacated office [vacated until the January following the next municipal election].
165          (b) Before acting to fill the vacancy, the municipal legislative body shall:
166          (i) give public notice of the vacancy at least two weeks before the municipal legislative
167     body meets to fill the vacancy;
168          (ii) identify, in the notice:
169          (A) the date, time, and place of the meeting where the vacancy will be filled;

170          (B) the person to whom [a person] an individual interested in being appointed to fill
171     the vacancy may submit the interested [person's] individual's name for consideration; and
172          (C) the deadline for submitting an interested [person's] individual's name; and
173          (iii) in an open meeting, interview each [person] individual whose name [was] is
174     submitted for consideration, and who meets the qualifications for office, regarding the
175     [person's] individual's qualifications.
176          (c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within
177     30 days after the day on which the vacancy occurs, the municipal legislative body shall fill the
178     vacancy from among the names that have been submitted.
179          (ii) The two [persons] individuals having the highest number of votes of the municipal
180     legislative body after a first vote is taken shall appear before the municipal legislative body and
181     the municipal legislative body shall vote again.
182          (iii) If neither candidate receives a majority vote of the municipal legislative body at
183     that time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
184          (2) (a) A vacancy in the office of municipal executive or member of a municipal
185     legislative body shall be filled by an interim appointment, followed by an election to fill a
186     two-year term, if:
187          (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
188     at least 14 days before the deadline for filing for election in an odd-numbered year; and
189          (ii) two years of the vacated term will remain after the first Monday of January
190     following the next municipal election.
191          (b) In appointing an interim replacement, the municipal legislative body shall:
192          (i) comply with the notice requirements of this section; and
193          (ii) in an open meeting, interview each [person] individual whose name [was] is
194     submitted for consideration, and who meets the qualifications for office, regarding the
195     [person's] individual's qualifications.
196          (3) (a) In a municipality operating under the council-mayor form of government, as
197     defined in Section 10-3b-102:

198          (i) the council may appoint [a person] an individual to fill a vacancy in the office of
199     mayor before the effective date of the mayor's resignation by making the effective date of the
200     appointment the same as the effective date of the mayor's resignation; and
201          (ii) if a vacancy in the office of mayor occurs before the effective date of an
202     appointment under Subsection (1) or (2) to fill the vacancy, the council chair shall serve as
203     acting mayor during the time between the creation of the vacancy and the effective date of the
204     appointment to fill the vacancy.
205          (b) While serving as acting mayor under Subsection (3)(a)(ii), the council chair
206     continues to:
207          (i) act as a council member; and
208          (ii) vote at council meetings.
209          Section 5. Section 20A-2-304 is amended to read:
210          20A-2-304. County clerk's responsibilities -- Notice of disposition.
211          Each county clerk shall:
212          (1) register to vote each applicant for registration who meets the requirements for
213     registration and who:
214          (a) submits a completed voter registration form to the county clerk on or before the
215     voter registration deadline;
216          (b) submits a completed voter registration form to the Driver License Division, a
217     public assistance agency, or a discretionary voter registration agency on or before the voter
218     registration deadline; or
219          (c) mails a completed by-mail voter registration form to the county clerk on or before
220     the voter registration deadline; and
221          (2) within 30 days after the day on which the county clerk processes a voter registration
222     application, send a notice to the [voter informing the voter] individual who submits the
223     application that:
224          (a) [the voter's] informs the individual that the individual's application for voter
225     registration has been accepted and that the [voter] individual is registered to vote;

226          (b) [the voter's] informs the individual that the individual's application for voter
227     registration has been rejected and the reason for the rejection; or
228          (c) (i) informs the individual that the application for voter registration is being returned
229     to the [voter] individual for further action because the application is incomplete; and [giving]
230          (ii) gives instructions to the [voter about] individual on how to properly complete the
231     application.
232          Section 6. Section 20A-7-402 is amended to read:
233          20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
234     Preparation -- Statement on front cover.
235          (1) The county or municipality that is subject to a ballot proposition shall prepare a
236     local voter information pamphlet that [meets] complies with the requirements of this part.
237          (2) (a) The arguments for or against a ballot proposition shall conform to the
238     requirements of this section.
239          (b) To prepare an argument for or against a ballot proposition, an eligible voter shall
240     file a request with the election officer at least 65 days before the election at which the ballot
241     proposition is to be voted on.
242          (c) If more than one eligible voter requests the opportunity to prepare an argument for
243     or against a ballot proposition, the election officer shall make the final designation according to
244     the following criteria:
245          (i) sponsors have priority in preparing an argument regarding a ballot proposition; and
246          (ii) members of the local legislative body have priority over others.
247          (d) (i) Except as provided in Subsection (2)(e), a sponsor of a ballot proposition may
248     prepare an argument in favor of the ballot proposition.
249          (ii) Except as provided in Subsection (2)(e), and subject to Subsection (2)(c), an
250     eligible voter opposed to the ballot proposition who submits a request under Subsection (2)(b)
251     may prepare an argument against the ballot proposition.
252          (e) (i) For a referendum, subject to Subsection (2)(c), an eligible voter who is in favor
253     of a law that is referred to the voters and who submits a request under Subsection (2)(b) may

254     prepare an argument for adoption of the law.
255          (ii) The sponsors of a referendum may prepare an argument against the adoption of a
256     law that is referred to the voters.
257          (f) An eligible voter who submits an argument under this section shall:
258          (i) ensure that the argument does not exceed 500 words in length;
259          (ii) ensure that the argument does not list more than five names as sponsors;
260          (iii) submit the argument to the election officer no later than 60 days before the
261     election day on which the ballot proposition will be submitted to the voters; and
262          (iv) include with the argument the eligible voter's name, residential address, postal
263     address, email address if available, and phone number.
264          (g) An election officer shall refuse to accept and publish an argument that is submitted
265     after the deadline described in Subsection (2)(f)(iii).
266          (3) (a) An election officer who timely receives the arguments in favor of and against a
267     ballot proposition shall, within one business day after the day on which the election office
268     receives both arguments, send, via mail or email:
269          (i) a copy of the argument in favor of the ballot proposition to the eligible voter who
270     submitted the argument against the ballot proposition; and
271          (ii) a copy of the argument against the ballot proposition to the eligible voter who
272     submitted the argument in favor of the ballot proposition.
273          (b) The eligible voter who submitted a timely argument in favor of the ballot
274     proposition:
275          (i) may submit to the election officer a rebuttal argument of the argument against the
276     ballot proposition;
277          (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
278          (iii) shall submit the rebuttal argument no later than 45 days before the election day on
279     which the ballot proposition will be submitted to the voters.
280          (c) The eligible voter who submitted a timely argument against the ballot proposition:
281          (i) may submit to the election officer a rebuttal argument of the argument in favor of

282     the ballot proposition;
283          (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
284          (iii) shall submit the rebuttal argument no later than 45 days before the election day on
285     which the ballot proposition will be submitted to the voters.
286          (d) An election officer shall refuse to accept and publish a rebuttal argument that is
287     submitted after the deadline described in Subsection (3)(b)(iii) or (3)(c)(iii).
288          (4) (a) Except as provided in Subsection (4)(b):
289          (i) an eligible voter may not modify an argument or rebuttal argument after the eligible
290     voter submits the argument or rebuttal argument to the election officer; and
291          (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
292     modify an argument or rebuttal argument.
293          (b) The election officer, and the eligible voter who submits an argument or rebuttal
294     argument, may jointly agree to modify an argument or rebuttal argument in order to:
295          (i) correct factual, grammatical, or spelling errors; and
296          (ii) reduce the number of words to come into compliance with the requirements of this
297     section.
298          (c) An election officer shall refuse to accept and publish an argument or rebuttal
299     argument if the eligible voter who submits the argument or rebuttal argument fails to negotiate,
300     in good faith, to modify the argument or rebuttal argument in accordance with Subsection
301     (4)(b).
302          (5) An election officer may designate another eligible voter to take the place of an
303     eligible voter described in this section if the original eligible voter is, due to injury, illness,
304     death, or another circumstance, unable to continue to fulfill the duties of an eligible voter
305     described in this section.
306          (6) The local voter information pamphlet shall include a copy of the initial fiscal
307     impact estimate prepared for each initiative under Section 20A-7-502.5.
308          (7) (a) In preparing the local voter information pamphlet, the election officer shall:
309          (i) ensure that the arguments are printed on the same sheet of paper upon which the

310     ballot proposition is also printed;
311          (ii) ensure that the following statement is printed on the front cover or the heading of
312     the first page of the printed arguments:
313          "The arguments for or against a ballot proposition are the opinions of the authors.";
314          (iii) pay for the printing and binding of the local voter information pamphlet; and
315          (iv) [distribute either the pamphlets or the notice described in Subsection (7)(c) either
316     by mail or carrier] not less than 15 days before, but not more than 45 days before, the election
317     at which the ballot [propositions are to be voted upon.] proposition will be voted on, distribute,
318     by mail or carrier, to each registered voter entitled to vote on the ballot proposition:
319          (A) a voter information pamphlet; or
320          (B) the notice described in Subsection (7)(c).
321          (b) (i) If the proposed measure exceeds 500 words in length, the election officer may
322     summarize the measure in 500 words or less.
323          (ii) The summary shall state where a complete copy of the ballot proposition is
324     available for public review.
325          (c) (i) The election officer may distribute a notice printed on a postage prepaid,
326     preaddressed return form that a person may use to request delivery of a voter information
327     pamphlet by mail.
328          (ii) The notice described in Subsection (7)(c)(i) shall include:
329          (A) the address of the Statewide Electronic Voter Information Website authorized by
330     Section 20A-7-801; and
331          (B) the phone number a voter may call to request delivery of a voter information
332     pamphlet by mail or carrier.
333          Section 7. Section 20A-8-103 is amended to read:
334          20A-8-103. Petition procedures -- Criminal penalty.
335          (1) As used in this section, the proposed name or emblem of a registered political party
336     is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
337     difference between the proposed name or emblem and any name or emblem currently being

338     used by another registered political party.
339          (2) To become a registered political party, an organization of registered voters that is
340     not a continuing political party shall:
341          (a) circulate a petition seeking registered political party status beginning no earlier than
342     the date of the statewide canvass held after the last regular general election and ending no later
343     than [the February 15] November 30 of the year before the year in which the next regular
344     general election will be held; [and]
345          (b) file a petition with the lieutenant governor that is signed, with a holographic
346     signature, by at least 2,000 registered voters on or before [February 15] November 30 of the
347     year in which a regular general election will be held[.]; and
348          (c) file, with the petition described in Subsection (2)(b), a document certifying:
349          (i) the identity of one or more registered political parties whose members may vote for
350     the organization's candidates;
351          (ii) whether unaffiliated voters may vote for the organization's candidates; and
352          (iii) whether, for the next election, the organization intends to nominate the
353     organization's candidates in accordance with the provisions of Section 20A-9-406.
354          (3) The petition shall:
355          (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
356          (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
357     blank for the purpose of binding;
358          (c) contain the name of the political party and the words "Political Party Registration
359     Petition" printed directly below the horizontal line;
360          (d) contain the word "Warning" printed directly under the words described in
361     Subsection (3)(c);
362          (e) contain, to the right of the word "Warning," the following statement printed in not
363     less than eight-point, single leaded type:
364          "It is a class A misdemeanor for anyone to knowingly sign a political party registration
365     petition signature sheet with any name other than the [person's] individual's own name or more

366     than once for the same party or if the [person] individual is not registered to vote in this state
367     and does not intend to become registered to vote in this state before the petition is submitted to
368     the lieutenant governor.";
369          (f) contain the following statement directly under the statement described in Subsection
370     (3)(e):
371          "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
372     Lieutenant Governor:
373          We, the undersigned citizens of Utah, seek registered political party status for ____
374     (name);
375          Each signer says:
376          I have personally signed this petition with a holographic signature;
377          I am registered to vote in Utah or will register to vote in Utah before the petition is
378     submitted to the lieutenant governor;
379          I am or desire to become a member of the political party; and
380          My street address is written correctly after my name."; and
381          (g) be vertically divided into columns as follows:
382          (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
383     headed with "For Office Use Only," and be subdivided with a light vertical line down the
384     middle;
385          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
386     Name (must be legible to be counted)";
387          (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
388     Registered Voter";
389          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
390          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
391     Code"; and
392          (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
393     information is not required, but it may be used to verify your identity with voter registration

394     records. If you choose not to provide it, your signature may not be certified as a valid signature
395     if you change your address before petition signatures are certified or if the information you
396     provide does not match your voter registration records.";
397          (h) have a final page bound to one or more signature sheets that are bound together that
398     contains the following printed statement:
399          "Verification
400          State of Utah, County of ____
401          I, _______________, of ____, hereby state that:
402          I am a Utah resident and am at least 18 years old;
403          All the names that appear on the signature sheets bound to this page were signed by
404     [persons] individuals who professed to be the [persons] individuals whose names appear on the
405     signature sheets, and each [of them] individual signed the [person's] individual's name on the
406     signature sheets in my presence;
407          I believe that each individual has printed and signed the [person's] individual's name
408     and written the [person's] individual's street address correctly, and that each [signer] individual
409     is registered to vote in Utah or will register to vote in Utah before the petition is submitted to
410     the lieutenant governor.
411          ______________________________________________________________________
412          (Signature)               (Residence Address)                    (Date)"; and
413          (i) be bound to a cover sheet that:
414          (i) identifies the political party's name, which may not exceed four words, and the
415     emblem of the party;
416          (ii) states the process that the organization will follow to organize and adopt a
417     constitution and bylaws; and
418          (iii) is signed by a filing officer, who agrees to receive communications on behalf of
419     the organization.
420          (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the [person]
421     individual in whose presence each signature sheet is signed:

422          (a) is at least 18 years old;
423          (b) meets the residency requirements of Section 20A-2-105; and
424          (c) verifies each signature sheet by completing the verification bound to one or more
425     signature sheets that are bound together.
426          (5) [A person] An individual may not sign the verification if the [person] individual
427     signed a signature sheet bound to the verification.
428          (6) The lieutenant governor shall:
429          (a) determine whether the required number of voters appears on the petition;
430          (b) review the proposed name and emblem to determine if they are "distinguishable"
431     from the names and emblems of other registered political parties; and
432          (c) certify the lieutenant governor's findings to the filing officer described in
433     Subsection (3)(i)(iii) within 30 days of the filing of the petition.
434          (7) (a) If the lieutenant governor determines that the petition meets the requirements of
435     this section, and that the proposed name and emblem are distinguishable, the lieutenant
436     governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
437     prospective political party.
438          (b) If the lieutenant governor finds that the name, emblem, or both are not
439     distinguishable from the names and emblems of other registered political parties, the lieutenant
440     governor shall notify the filing officer that the filing officer has seven days to submit a new
441     name or emblem to the lieutenant governor.
442          (8) A registered political party may not change its name or emblem during the regular
443     general election cycle.
444          (9) (a) It is unlawful for [any person] an individual to:
445          (i) knowingly sign a political party registration petition:
446          (A) with any name other than the [person's] individual's own name;
447          (B) more than once for the same political party; or
448          (C) if the [person] individual is not registered to vote in this state and does not intend
449     to become registered to vote in this state before the petition is submitted to the lieutenant

450     governor; or
451          (ii) sign the verification of a political party registration petition signature sheet if the
452     [person] individual:
453          (A) does not meet the residency requirements of Section 20A-2-105;
454          (B) has not witnessed the signing by those [persons] individuals whose names appear
455     on the political party registration petition signature sheet; or
456          (C) knows that [a person] an individual whose signature appears on the political party
457     registration petition signature sheet is not registered to vote in this state and does not intend to
458     become registered to vote in this state.
459          (b) [Any person violating] An individual who violates this Subsection (9) is guilty of a
460     class A misdemeanor.
461          Section 8. Section 20A-9-203 is amended to read:
462          20A-9-203. Declarations of candidacy -- Municipal general elections.
463          (1) [(a) (i) A person] An individual may become a candidate for any municipal office
464     if:
465          [(A) the person] (a) the individual is a registered voter; and
466          [(B) (I) the person] (b) (i) the individual has resided within the municipality in which
467     [that person] the individual seeks to hold elective office for the 12 consecutive months
468     immediately before the date of the election; or
469          [(II) if] (ii) the territory in which the [person] individual resides was annexed into the
470     municipality, the [person] individual has resided within the annexed territory or the
471     municipality the 12 consecutive months immediately before the date of the election.
472          [(ii)] (2) (a) For purposes of determining whether [a person] an individual meets the
473     residency requirement of Subsection [(1)(a)(i)(B)(I)] (1)(b)(i) in a municipality that was
474     incorporated less than 12 months before the election, the municipality [shall be] is considered
475     to have been incorporated 12 months before the date of the election.
476          (b) In addition to the requirements of Subsection (1)[(a)], each candidate for a
477     municipal council position shall, if elected from a district, be a resident of the council district

478     from which the candidate is elected.
479          (c) In accordance with Utah Constitution, Article IV, Section 6, any mentally
480     incompetent person, any person convicted of a felony, or any person convicted of treason or a
481     crime against the elective franchise may not hold office in this state until the right to hold
482     elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
483          [(2) (a) A person] (3) (a) An individual seeking to become a candidate for a municipal
484     office shall, regardless of the nomination method by which the individual is seeking to become
485     a candidate:
486          (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
487     the office hours described in Section 10-3-301 and not later than the close of those office
488     hours, between June 1 and June 7 of any odd-numbered year; and
489          (ii) pay the filing fee, if one is required by municipal ordinance.
490          (b) Any resident of a municipality may nominate a candidate for a municipal office by:
491          (i) filing a nomination petition with the city recorder or town clerk during the office
492     hours described in Section 10-3-301 and not later than the close of those office hours, between
493     June 1 and June 7 of any odd-numbered year; and
494          (ii) paying the filing fee, if one is required by municipal ordinance.
495          [(3)] (4) (a) Before the filing officer may accept any declaration of candidacy or
496     nomination petition, the filing officer shall:
497          (i) read to the prospective candidate or [person] individual filing the petition the
498     constitutional and statutory qualification requirements for the office that the candidate is
499     seeking; and
500          (ii) require the candidate or [person] individual filing the petition to state whether the
501     candidate meets those requirements.
502          (b) If the prospective candidate does not meet the qualification requirements for the
503     office, the filing officer may not accept the declaration of candidacy or nomination petition.
504          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
505     filing officer shall:

506          (i) inform the candidate that the candidate's name will appear on the ballot as it is
507     written on the declaration of candidacy;
508          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
509     for the office the candidate is seeking and inform the candidate that failure to comply will
510     result in disqualification as a candidate and removal of the candidate's name from the ballot;
511          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
512     Electronic Voter Information Website Program and inform the candidate of the submission
513     deadline under Subsection 20A-7-801(4)(a);
514          (iv) provide the candidate with a copy of the pledge of fair campaign practices
515     described under Section 20A-9-206 and inform the candidate that:
516          (A) signing the pledge is voluntary; and
517          (B) signed pledges shall be filed with the filing officer; and
518          (v) accept the declaration of candidacy or nomination petition.
519          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
520     officer shall:
521          (i) accept the candidate's pledge; and
522          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
523     candidate's pledge to the chair of the county or state political party of which the candidate is a
524     member.
525          [(4)] (5) Notwithstanding the requirement in Subsection [(2)] (3)(a)(i) to file a
526     declaration of candidacy in person, [a person] an individual may designate an agent to file the
527     form described in Subsection [(5)] (6) in person with the city recorder or town clerk if:
528          (a) the [person] individual is located outside the state during the filing period because:
529          (i) of employment with the state or the United States; or
530          (ii) the [person] individual is a member of:
531          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
532     Coast Guard of the United States who is on active duty;
533          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the

534     commissioned corps of the National Oceanic and Atmospheric Administration of the United
535     States; or
536          (C) the National Guard on activated status;
537          (b) the [person] individual makes the declaration of candidacy described in Subsection
538     [(5) to a person] (6) to an individual qualified to administer an oath;
539          (c) the [person] individual communicates with the city recorder or town clerk using an
540     electronic device that allows the [person] individual and the city recorder or town clerk to see
541     and hear each other; and
542          (d) the [person] individual provides the city recorder or town clerk with an email
543     address to which the filing officer may send the copies described in Subsection [(3)] (4).
544          [(5)] (6) (a) The declaration of candidacy shall substantially comply with the following
545     form:
546          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
547     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
548     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
549     the legal qualifications required of candidates for this office. I will file all campaign financial
550     disclosure reports as required by law and I understand that failure to do so will result in my
551     disqualification as a candidate for this office and removal of my name from the ballot. I
552     request that my name be printed upon the applicable official ballots. (Signed)
553     _______________
554          Subscribed and sworn to (or affirmed) before me by ____ on this
555     __________(month\day\year).
556          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
557          (b) An agent designated to file a declaration of candidacy under Subsection [(4)] (5)
558     may not sign the form described in Subsection [(5)] (6)(a).
559          [(6)] (7) (a) A registered voter may be nominated for municipal office by submitting a
560     petition signed, with a holographic signature, by:
561          (i) 25 residents of the municipality who are at least 18 years old; or

562          (ii) 20% of the residents of the municipality who are at least 18 years old.
563          (b) (i) The petition shall substantially conform to the following form:
564     
"NOMINATION PETITION

565          The undersigned residents of (name of municipality) being 18 years old or older
566     nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
567     applicable)."
568          (ii) The remainder of the petition shall contain lines and columns for the signatures of
569     [persons] individuals signing the petition and [their] the individuals' addresses and telephone
570     numbers.
571          [(7)] (8) If the declaration of candidacy or nomination petition fails to state whether the
572     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
573     for the four-year term.
574          [(8)] (9) (a) The clerk shall verify with the county clerk that all candidates are
575     registered voters.
576          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
577     print the candidate's name on the ballot.
578          [(9)] (10) Immediately after expiration of the period for filing a declaration of
579     candidacy, the clerk shall:
580          (a) cause the names of the candidates as they will appear on the ballot to be published:
581          (i) in at least two successive publications of a newspaper with general circulation in the
582     municipality; and
583          (ii) as required in Section 45-1-101; and
584          (b) notify the lieutenant governor of the names of the candidates as they will appear on
585     the ballot.
586          [(10)] (11) A declaration of candidacy or nomination petition filed under this section
587     may not be amended after the expiration of the period for filing a declaration of candidacy.
588          [(11)] (12) (a) A declaration of candidacy or nomination petition filed under this
589     section is valid unless a written objection is filed with the clerk within five days after the last

590     day for filing.
591          (b) If an objection is made, the clerk shall:
592          (i) mail or personally deliver notice of the objection to the affected candidate
593     immediately; and
594          (ii) decide any objection within 48 hours after [it] the objection is filed.
595          (c) If the clerk sustains the objection, the candidate may correct the problem by
596     amending the declaration or petition within three days after the objection is sustained or by
597     filing a new declaration within three days after the objection is sustained.
598          (d) (i) The clerk's decision upon objections to form is final.
599          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
600     prompt application is made to the district court.
601          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
602     of its discretion, agrees to review the lower court decision.
603          [(12)] (13) [Any person who filed] An individual who files a declaration of candidacy
604     and [was] is nominated, and [any person who was] an individual who is nominated by a
605     nomination petition, may, any time up to 23 days before the election, withdraw the nomination
606     by filing a written affidavit with the clerk.
607          Section 9. Section 20A-9-403 is amended to read:
608          20A-9-403. Regular primary elections.
609          (1) (a) Candidates for elective office that are to be filled at the next regular general
610     election shall be nominated in a regular primary election by direct vote of the people in the
611     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
612     designated as regular primary election day. Nothing in this section shall affect a candidate's
613     ability to qualify for a regular general election's ballot as an unaffiliated candidate under
614     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
615     Section 20A-9-601.
616          (b) Each registered political party that chooses to have the names of [its] the registered
617     political party's candidates for elective office featured with party affiliation on the ballot at a

618     regular general election shall comply with the requirements of this section and shall nominate
619     [its] the registered political party's candidates for elective office in the manner [prescribed]
620     described in this section.
621          (c) A filing officer may not permit an official ballot at a regular general election to be
622     produced or used if the ballot denotes affiliation between a registered political party or any
623     other political group and a candidate for elective office who [was] is not nominated in the
624     manner prescribed in this section or in Subsection 20A-9-202(4).
625          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
626     even-numbered year in which a regular general election will be held.
627          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
628     shall:
629          (i) either declare [their] the registered political party's intent to participate in the next
630     regular primary election or declare that the registered political party chooses not to have the
631     names of [its] the registered political party's candidates for elective office featured on the ballot
632     at the next regular general election; and
633          (ii) if the registered political party participates in the upcoming regular primary
634     election, identify one or more registered political parties whose members may vote for the
635     registered political party's candidates and whether [or not persons] individuals identified as
636     unaffiliated with a political party may vote for the registered political party's candidates.
637          (b) (i) A registered political party that is a continuing political party [must] shall file
638     the statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m.
639     on November [15] 30 of each odd-numbered year.
640          (ii) An organization that is seeking to become a registered political party under Section
641     20A-8-103 [must] shall file the statement described in Subsection (2)(a) at the time that the
642     registered political party files the petition described in Section 20A-8-103.
643          (3) (a) Except as provided in Subsection (3)(e), [a person who has submitted] an
644     individual who submits a declaration of candidacy under Section 20A-9-202 shall appear as a
645     candidate for elective office on the regular primary ballot of the registered political party listed

646     on the declaration of candidacy only if the [person] individual is certified by the appropriate
647     filing officer as having submitted a set of nomination petitions that was:
648          (i) circulated and completed in accordance with Section 20A-9-405; and
649          (ii) signed by at least [two percent] 2% of the registered political party's members who
650     reside in the political division of the office that the [person] individual seeks.
651          (b) (i) A candidate for elective office shall submit nomination petitions to the
652     appropriate filing officer for verification and certification no later than 5 p.m. on the final day
653     in March. [Candidates]
654          (ii) A candidate may supplement [their] the candidate's submissions at any time on or
655     before the filing deadline.
656          (c) (i) The lieutenant governor shall determine for each elective office the total number
657     of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
658     number of [persons] individuals residing in each elective office's political division who have
659     designated a particular registered political party on [their] the individuals' voter registration
660     forms [as of] on or before November [1] 15 of each odd-numbered year.
661          (ii) The lieutenant governor shall publish [this] the determination for each elective
662     office no later than November [15] 30 of each odd-numbered year.
663          (d) The filing officer shall:
664          (i) verify signatures on nomination petitions in a transparent and orderly manner;
665          (ii) for all qualifying candidates for elective office who [submitted] submit nomination
666     petitions to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5
667     p.m. on the first Monday after the third Saturday in April;
668          (iii) consider active and inactive voters eligible to sign nomination petitions;
669          (iv) consider [a person] an individual who signs a nomination petition a member of a
670     registered political party for purposes of Subsection (3)(a)(ii) if the [person] individual has
671     designated that registered political party as the [person's] individual's party membership on the
672     [person's] individual's voter registration form; and
673          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination

674     petition signatures, or use statistical sampling procedures to verify submitted nomination
675     petition signatures [pursuant to] in accordance with rules made under Subsection (3)(f).
676          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
677     lieutenant governor may appear on the regular primary ballot of a registered political party
678     without submitting nomination petitions if the candidate files a declaration of candidacy and
679     complies with Subsection 20A-9-202(3).
680          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
681     director of elections, within the Office of the Lieutenant Governor, shall make rules that:
682          (i) provide for the use of statistical sampling procedures that:
683          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
684          (B) reflect a bona fide effort to determine the validity of a candidate's entire
685     submission, using widely recognized statistical sampling techniques; and
686          (ii) provide for the transparent, orderly, and timely submission, verification, and
687     certification of nomination petition signatures.
688          (g) The county clerk shall:
689          (i) review the declarations of candidacy filed by candidates for local boards of
690     education to determine if more than two candidates have filed for the same seat;
691          (ii) place the names of all candidates who have filed a declaration of candidacy for a
692     local board of education seat on the nonpartisan section of the ballot if more than two
693     candidates have filed for the same seat; and
694          (iii) determine the order of the local board of education candidates' names on the ballot
695     in accordance with Section 20A-6-305.
696          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
697     governor shall provide to the county clerks:
698          (i) a list of the names of all candidates for federal, constitutional, multi-county, single
699     county, and county offices who have received certifications under Subsection (3), along with
700     instructions on how those names shall appear on the [primary-election] primary election ballot
701     in accordance with Section 20A-6-305; and

702          (ii) a list of unopposed candidates for elective office who have been nominated by a
703     registered political party under Subsection (5)(c) and instruct the county clerks to exclude
704     [such] the unopposed candidates from the [primary-election] primary election ballot.
705          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
706     joint-ticket running mates shall appear jointly on the [primary-election] primary election ballot.
707          (c) After the county clerk receives the certified list from the lieutenant governor under
708     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
709     substantially the following form:
710          "Notice is given that a primary election will be held Tuesday, June ____,
711     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
712     local school board positions listed on the primary ballot. The polling place for voting precinct
713     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
714     Attest: county clerk."
715          (5) (a) [Candidates] A candidate, other than a presidential [candidates, receiving]
716     candidate, who, at the regular primary election, receives the highest number of votes cast for
717     [each office at the regular primary election are] the office sought by the candidate is:
718          (i) nominated for that office by [their] the candidate's registered political party [for that
719     office or are nominated as a candidate]; or
720          (ii) for a nonpartisan local school board position, nominated for that office.
721          (b) If two or more candidates, other than presidential candidates, are to be elected to
722     the office at the regular general election, those party candidates equal in number to positions to
723     be filled who receive the highest number of votes at the regular primary election are the
724     nominees of [their] the candidates' party for those positions.
725          [(c) A candidate who is unopposed for an elective office in the regular primary election
726     of a registered political party is nominated by the party for that office without appearing on the
727     primary ballot. A]
728          (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
729          (A) no [person] individual other than the candidate [has received] receives a

730     certification under Subsection (3) for the regular primary election ballot of the candidate's
731     registered political party for a particular elective office[.]; or
732          (B) for an office where more than one individual is to be elected or nominated, the
733     number of candidates who receive certification under Subsection (3) for the regular primary
734     election of the candidate's registered political party does not exceed the total number of
735     candidates to be elected or nominated for that office.
736          (ii) A candidate who is unopposed for an elective office in the regular primary election
737     of a registered political party is nominated by the party for that office without appearing on the
738     primary election ballot.
739          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
740     office that represents more than one county, the governor, lieutenant governor, and attorney
741     general shall, at a public meeting called by the governor and in the presence of the candidates
742     involved, select the nominee by lot cast in whatever manner the governor determines.
743          (b) When a tie vote occurs in any primary election for any county office, the district
744     court judges of the district in which the county is located shall, at a public meeting called by
745     the judges and in the presence of the candidates involved, select the nominee by lot cast in
746     whatever manner the judges determine.
747          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
748     primary election provided for by this section, and all expenses necessarily incurred in the
749     preparation for or the conduct of that primary election shall be paid out of the treasury of the
750     county or state, in the same manner as for the regular general elections.
751          (8) An individual may not file a declaration of candidacy for a registered political party
752     of which the individual is not a member, except to the extent that the registered political party
753     permits otherwise under the registered political party's bylaws.
754          Section 10. Section 20A-9-404 is amended to read:
755          20A-9-404. Municipal primary elections.
756          (1) (a) Except as otherwise provided in this section, candidates for municipal office in
757     all municipalities shall be nominated at a municipal primary election.

758          (b) Municipal primary elections shall be held:
759          (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
760     Monday in the August before the regular municipal election; and
761          (ii) whenever possible, at the same polling places as the regular municipal election.
762          (2) If the number of candidates for a particular municipal office does not exceed twice
763     the number of [persons] individuals needed to fill that office, a primary election for that office
764     may not be held and the candidates are considered nominated.
765          (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
766     of voters or delegates.
767          (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
768     election, any third, fourth, or fifth class city or town may exempt itself from a primary election
769     by providing that the nomination of candidates for municipal office to be voted upon at a
770     municipal election be nominated by a political party convention or committee.
771          (ii) Any primary election exemption ordinance adopted under the authority of this
772     [subsection] Subsection (3) remains in effect until repealed by ordinance.
773          (c) (i) A convention or committee may not nominate:
774          (A) an individual who has not submitted a declaration of candidacy, or has not been
775     nominated by a nomination petition, under Section 20A-9-203; or
776          (B) more than one group of candidates, or have placed on the ballot more than one
777     group of candidates, for the municipal offices to be voted upon at the municipal election.
778          (ii) A convention or committee may nominate [a person] an individual who has been
779     nominated by a different convention or committee.
780          (iii) A political party may not have more than one group of candidates placed upon the
781     ballot and may not group the same candidates on different tickets by the same party under a
782     different name or emblem.
783          (d) (i) The convention or committee shall prepare a certificate of nomination for each
784     [person] individual nominated.
785          (ii) The certificate of nomination shall:

786          (A) contain the name of the office for which each [person] individual is nominated, the
787     name, post office address, and, if in a city, the street number of residence and place of business,
788     if any, of each [person] individual nominated;
789          (B) designate in not more than five words the political party that the convention or
790     committee represents;
791          (C) contain a copy of the resolution passed at the convention that authorized the
792     committee to make the nomination;
793          (D) contain a statement certifying that the name of the candidate nominated by the
794     political party will not appear on the ballot as a candidate for any other political party;
795          (E) be signed by the presiding officer and secretary of the convention or committee;
796     and
797          (F) contain a statement identifying the residence and post office address of the
798     presiding officer and secretary and certifying that the presiding officer and secretary were
799     officers of the convention or committee and that the certificates are true to the best of their
800     knowledge and belief.
801          (iii) Certificates of nomination shall be filed with the clerk not later than 80 days
802     before the municipal general election.
803          (e) A committee appointed at a convention, if authorized by an enabling resolution,
804     may also make nominations or fill vacancies in nominations made at a convention.
805          (f) The election ballot shall substantially comply with the form prescribed in Title 20A,
806     Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
807     be included with the candidate's name.
808          (4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the May 1
809     that falls before the regular municipal election that:
810          (i) exempts the city from the other methods of nominating candidates to municipal
811     office provided in this section; and
812          (ii) provides for a partisan primary election method of nominating candidates as
813     provided in this Subsection (4).

814          (b) (i) Any party that was a registered political party at the last regular general election
815     or regular municipal election is a municipal political party under this section.
816          (ii) Any political party may qualify as a municipal political party by presenting a
817     petition to the city recorder that:
818          (A) is signed, with a holographic signature, by registered voters within the municipality
819     equal to at least 20% of the number of votes cast for all candidates for mayor in the last
820     municipal election at which a mayor was elected;
821          (B) is filed with the city recorder by May 31 of any odd-numbered year;
822          (C) is substantially similar to the form of the signature sheets described in Section
823     20A-7-303; and
824          (D) contains the name of the municipal political party using not more than five words.
825          (c) (i) If the number of candidates for a particular office does not exceed twice the
826     number of offices to be filled at the regular municipal election, no partisan primary election for
827     that office shall be held and the candidates are considered to be nominated.
828          (ii) If the number of candidates for a particular office exceeds twice the number of
829     offices to be filled at the regular municipal election, those candidates for municipal office shall
830     be nominated at a partisan primary election.
831          (d) The clerk shall ensure that:
832          (i) the partisan municipal primary ballot is similar to the ballot forms required by
833     Sections 20A-6-401 and 20A-6-401.1;
834          (ii) the candidates for each municipal political party are listed in one or more columns
835     under their party name and emblem;
836          (iii) the names of candidates of all parties are printed on the same ballot, but under
837     their party designation;
838          (iv) every ballot is folded and perforated [so as to separate] in a manner that separates
839     the candidates of one party from those of the other parties and [so as to enable the elector]
840     enables the voter to separate the part of the ballot containing the names of the party of [his] the
841     voter's choice from the remainder of the ballot; and

842          (v) the side edges of all ballots are perforated so that the outside sections of the ballots,
843     when detached, are similar in appearance to inside sections when detached.
844          (e) After marking a municipal primary ballot, the voter shall:
845          (i) detach the part of the ballot containing the names of the candidates of the party [he]
846     the voter has voted from the rest of the ballot;
847          (ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
848     and
849          (iii) fold the remainder of the ballot containing the names of the candidates of the
850     parties for whom the elector did not vote and deposit it in the blank ballot box.
851          (f) Immediately after the canvass, the election judges shall, without examination,
852     destroy the tickets deposited in the blank ballot box.
853          Section 11. Section 20A-9-406 is amended to read:
854          20A-9-406. Qualified political party -- Requirements and exemptions.
855          The following provisions apply to a qualified political party:
856          (1) the qualified political party shall, no later than 5 p.m. on [March 1 of each
857     even-numbered] November 30 of each odd-numbered year, certify to the lieutenant governor
858     the identity of one or more registered political parties whose members may vote for the
859     qualified political party's candidates and whether unaffiliated voters may vote for the qualified
860     political party's candidates;
861          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
862     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
863     political party;
864          (3) an individual may only seek the nomination of the qualified political party by using
865     a method described in Section 20A-9-407, Section 20A-9-408, or both;
866          (4) the qualified political party shall comply with the provisions of Sections
867     20A-9-407, 20A-9-408, and 20A-9-409;
868          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
869     shall ensure that a ballot described in Section 20A-6-301 includes each [person] individual

870     nominated by a qualified political party:
871          (a) under the qualified political party's name , if any; or
872          (b) under the title of the qualified registered political party as designated by the
873     qualified political party in the certification described in Subsection (1), or, if none is
874     designated, then under some suitable title;
875          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
876     paper ballots in regular general elections, that each candidate who is nominated by the qualified
877     political party is listed by party;
878          (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
879     the party designation of each candidate who is nominated by the qualified political party is
880     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
881          (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
882     the party designation of each candidate who is nominated by the qualified political party is
883     displayed adjacent to the candidate's name on an electronic ballot;
884          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
885     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
886     20A-9-408 to run in a regular general election for a federal office, constitutional office,
887     multicounty office, or county office;
888          (10) an individual who is nominated by, or seeking the nomination of, the qualified
889     political party is not required to comply with Subsection 20A-9-201(1)(c);
890          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
891     to have each of the qualified political party's candidates for elective office appear on the
892     primary ballot of the qualified political party with an indication that each candidate is a
893     candidate for the qualified political party;
894          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
895     on the list provided by the lieutenant governor to the county clerks:
896          (a) the names of all candidates of the qualified political party for federal, constitutional,
897     multicounty, and county offices; and

898          (b) the names of unopposed candidates for elective office who have been nominated by
899     the qualified political party and instruct the county clerks to exclude such candidates from the
900     primary-election ballot;
901          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
902     elective office in the regular primary election of the qualified political party is nominated by
903     the party for that office without appearing on the primary ballot; and
904          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
905     20A-9-405, the qualified political party is entitled to have the names of its candidates for
906     elective office featured with party affiliation on the ballot at a regular general election.
907          Section 12. Section 20A-9-407 is amended to read:
908          20A-9-407. Convention process to seek the nomination of a qualified political
909     party.
910          (1) This section describes the requirements for a member of a qualified political party
911     who is seeking the nomination of a qualified political party for an elective office through the
912     qualified political party's convention process.
913          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
914     candidacy for a member of a qualified political party who is nominated by, or who is seeking
915     the nomination of, the qualified political party under this section shall be substantially as
916     described in Section 20A-9-408.5.
917          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
918     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
919     nomination of the qualified political party for an elective office that is to be filled at the next
920     general election, shall:
921          (a) file a declaration of candidacy in person with the filing officer on or after the
922     second Friday in March and before 5 p.m. on the third Thursday in March before the next
923     regular general election; and
924          (b) pay the filing fee.
925          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political

926     party who, under this section, is seeking the nomination of the qualified political party for the
927     office of district attorney within a multicounty prosecution district that is to be filled at the next
928     general election shall:
929          (a) file a declaration of candidacy with the county clerk designated in the interlocal
930     agreement creating the prosecution district on or after the second Friday in March and before 5
931     p.m. on the third Thursday in March before the next regular general election; and
932          (b) pay the filing fee.
933          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
934     who files as the joint-ticket running mate of an individual who is nominated by a qualified
935     political party, under this section, for the office of governor shall, on or before 5 p.m. on the
936     first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
937     from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
938     running mate.
939          (6) (a) A qualified political party that nominates a candidate under this section shall
940     certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
941     after the fourth Saturday in April.
942          (b) The lieutenant governor shall ensure that the certification described in Subsection
943     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
944     under this section.
945          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
946     is nominated by a qualified political party under this section, designate the qualified political
947     party that nominated the candidate.
948          Section 13. Section 20A-9-408 is amended to read:
949          20A-9-408. Signature-gathering process to seek the nomination of a qualified
950     political party.
951          (1) This section describes the requirements for a member of a qualified political party
952     who is seeking the nomination of the qualified political party for an elective office through the
953     signature-gathering process described in this section.

954          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
955     candidacy for a member of a qualified political party who is nominated by, or who is seeking
956     the nomination of, the qualified political party under this section shall be substantially as
957     described in Section 20A-9-408.5.
958          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
959     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
960     nomination of the qualified political party for an elective office that is to be filled at the next
961     general election shall:
962          (a) within the period beginning on January 1 before the next regular general election
963     and ending on the third Thursday in March of the same year, and before gathering signatures
964     under this section, file with the filing officer on a form approved by the lieutenant governor a
965     notice of intent to gather signatures for candidacy that includes:
966          (i) the name of the member who will attempt to become a candidate for a registered
967     political party under this section;
968          (ii) the name of the registered political party for which the member is seeking
969     nomination;
970          (iii) the office for which the member is seeking to become a candidate;
971          (iv) the address and telephone number of the member; and
972          (v) other information required by the lieutenant governor;
973          (b) file a declaration of candidacy, in person, with the filing officer on or after the
974     second Friday in March and before 5 p.m. on the third Thursday in March before the next
975     regular general election; and
976          (c) pay the filing fee.
977          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
978     party who, under this section, is seeking the nomination of the qualified political party for the
979     office of district attorney within a multicounty prosecution district that is to be filled at the next
980     general election shall:
981          (a) on or after January 1 before the next regular general election, and before gathering

982     signatures under this section, file with the filing officer on a form approved by the lieutenant
983     governor a notice of intent to gather signatures for candidacy that includes:
984          (i) the name of the member who will attempt to become a candidate for a registered
985     political party under this section;
986          (ii) the name of the registered political party for which the member is seeking
987     nomination;
988          (iii) the office for which the member is seeking to become a candidate;
989          (iv) the address and telephone number of the member; and
990          (v) other information required by the lieutenant governor;
991          (b) file a declaration of candidacy, in person, with the filing officer on or after the
992     second Friday in March and before 5 p.m. on the third Thursday in March before the next
993     regular general election; and
994          (c) pay the filing fee.
995          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
996     who files as the joint-ticket running mate of an individual who is nominated by a qualified
997     political party, under this section, for the office of governor shall, on or before 5 p.m. on the
998     first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
999     from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
1000     running mate.
1001          (6) The lieutenant governor shall ensure that the certification described in Subsection
1002     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
1003     under this section.
1004          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1005     is nominated by a qualified political party under this section, designate the qualified political
1006     party that nominated the candidate.
1007          (8) A member of a qualified political party may seek the nomination of the qualified
1008     political party for an elective office by:
1009          (a) complying with the requirements described in this section; and

1010          (b) collecting signatures, on a form approved by the lieutenant governor, during the
1011     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
1012     which the qualified political party's convention for the office is held, in the following amounts:
1013          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1014     permitted by the qualified political party to vote for the qualified political party's candidates in
1015     a primary election;
1016          (ii) for a congressional district race, 7,000 signatures of registered voters who are
1017     residents of the congressional district and are permitted by the qualified political party to vote
1018     for the qualified political party's candidates in a primary election;
1019          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1020     residents of the state Senate district and are permitted by the qualified political party to vote for
1021     the qualified political party's candidates in a primary election;
1022          (iv) for a state House district race, 1,000 signatures of registered voters who are
1023     residents of the state House district and are permitted by the qualified political party to vote for
1024     the qualified political party's candidates in a primary election;
1025          (v) for a State Board of Education race, the lesser of:
1026          (A) 2,000 signatures of registered voters who are residents of the State Board of
1027     Education district and are permitted by the qualified political party to vote for the qualified
1028     political party's candidates in a primary election; or
1029          (B) 3% of the registered voters of the qualified political party who are residents of the
1030     applicable State Board of Education district; and
1031          (vi) for a county office race, signatures of 3% of the registered voters who are residents
1032     of the area permitted to vote for the county office and are permitted by the qualified political
1033     party to vote for the qualified political party's candidates in a primary election.
1034          (9) (a) In order for a member of the qualified political party to qualify as a candidate
1035     for the qualified political party's nomination for an elective office under this section, the
1036     member shall:
1037          (i) collect the signatures on a form approved by the lieutenant governor, using the same

1038     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
1039          (ii) submit the signatures to the election officer no later than 14 days before the day on
1040     which the qualified political party holds its convention to select candidates, for the elective
1041     office, for the qualified political party's nomination.
1042          (b) An individual may not gather signatures under this section until after the individual
1043     files a notice of intent to gather signatures for candidacy described in this section.
1044          (c) An individual who files a notice of intent to gather signatures for candidacy,
1045     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
1046     the notice of intent to gather signatures for candidacy:
1047          (i) required to comply with the reporting requirements that a candidate for office is
1048     required to comply with; and
1049          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1050     apply to a candidate for office in relation to the reporting requirements described in Subsection
1051     (9)(c)(i).
1052          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1053     election officer shall, no later than one day before the day on which the qualified political party
1054     holds the convention to select a nominee for the elective office to which the signature packets
1055     relate:
1056          (i) check the name of each individual who completes the verification for a signature
1057     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1058          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1059     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1060          (iii) determine whether each signer is a registered voter who is qualified to sign the
1061     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1062     on a petition;
1063          (iv) certify whether each name is that of a registered voter who is qualified to sign the
1064     signature packet; and
1065          (v) notify the qualified political party and the lieutenant governor of the name of each

1066     member of the qualified political party who qualifies as a nominee of the qualified political
1067     party, under this section, for the elective office to which the convention relates.
1068          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
1069     this section, the lieutenant governor shall post the notice of intent to gather signatures for
1070     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1071     posts a declaration of candidacy.
1072          Section 14. Section 20A-9-409 is amended to read:
1073          20A-9-409. Primary election provisions relating to qualified political party.
1074          (1) The fourth Tuesday of June of each even-numbered year is designated as a regular
1075     primary election day.
1076          (2) A qualified political party that nominates one or more candidates for an elective
1077     office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
1078     office under Section 20A-9-408, may, but is not required to, participate in the primary election
1079     for that office.
1080          (3) A qualified political party that has only one candidate qualify as a candidate for an
1081     elective office under Section 20A-9-408 and does not nominate a candidate for that office
1082     under Section 20A-9-407, may, but is not required to, participate in the primary election for
1083     that office.
1084          (4) A qualified political party that nominates one or more candidates for an elective
1085     office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
1086     office under Section 20A-9-408 shall participate in the primary election for that office.
1087          (5) A qualified political party that has two or more candidates qualify as candidates for
1088     an elective office under Section 20A-9-408 and does not nominate a candidate for that office
1089     under Section 20A-9-407 shall participate in the primary election for that office.
1090          (6) (a) As used in this Subsection (6), a candidate is "unopposed" if:
1091          (i) no individual other than the candidate receives a certification, from the appropriate
1092     filing officer, for the regular primary election ballot of the candidate's registered political party
1093     for a particular elective office; or

1094          (ii) for an office where more than one individual is to be elected or nominated, the
1095     number of candidates who receive certification, from the appropriate filing officer, for the
1096     regular primary election of the candidate's registered political party does not exceed the total
1097     number of candidates to be elected or nominated for that office.
1098          (b) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
1099     governor shall:
1100          (i) provide to the county clerks:
1101          (A) a list of the names of all candidates for federal, constitutional, multi-county, single
1102     county, and county offices who have received certifications from the appropriate filing officer,
1103     along with instructions on how those names shall appear on the primary election ballot in
1104     accordance with Section 20A-6-305; and
1105          (B) a list of unopposed candidates for elective office who have been nominated by a
1106     registered political party; and
1107          (ii) instruct the county clerks to exclude unopposed candidates from the primary
1108     election ballot.
1109          Section 15. Section 53A-2-117 is amended to read:
1110          53A-2-117. Definitions.
1111          As used in Sections 53A-2-117 through 53A-2-122, except Section 53A-2-118.4:
1112          (1) "Allocation date" means:
1113          (a) June 30 of the second calendar year after the local school board general election
1114     date described in Subsection 53A-2-118.1(3)(a)(i); or
1115          (b) another date that the transition teams under Section 53A-2-118.1 mutually agree to.
1116          (2) "Canvass date" means the date of the canvass of an election under Subsection
1117     53A-2-118[(5)](9) at which voters approve the creation of a new school district under Section
1118     53A-2-118.1.
1119          (3) "Creation election date" means the date of the election under Subsection
1120     53A-2-118[(5)](9) at which voters approve the creation of a new school district under Section
1121     53A-2-118.1.

1122          (4) "Divided school district, "existing district," or "existing school district" means a
1123     school district from which a new district is created.
1124          (5) "New district" or "new school district" means a school district created under
1125     Section 53A-2-118 or 53A-2-118.1.
1126          (6) "Remaining district" or "remaining school district" means an existing district after
1127     the creation of a new district.
1128          Section 16. Section 53A-2-118 is amended to read:
1129          53A-2-118. Creation of new school district -- Initiation of process -- Procedures
1130     to be followed.
1131          (1) A new school district may be created from one or more existing school districts, as
1132     provided in this section.
1133          (2) [(a)] The process to create a new school district may be initiated:
1134          [(i)] (a) through a citizens' initiative petition;
1135          [(ii)] (b) at the request of the board of the existing district or districts to be affected by
1136     the creation of the new district; or
1137          [(iii)] (c) at the request of a city within the boundaries of the school district or at the
1138     request of interlocal agreement participants, pursuant to Section 53A-2-118.1.
1139          [(b) (i) Each] (3) (a) An initiative petition submitted under Subsection (2)(a)[(i)] shall
1140     be signed by qualified electors residing within the geographical boundaries of the proposed
1141     new school district in an amount equal [in number] to at least 15% of [the number of electors
1142     in the area who voted for the office of governor] all votes cast within the geographic
1143     boundaries of the proposed new school district for all candidates for president of the United
1144     States at the last regular general election at which a president of the United States was elected.
1145          [(ii)] (b) Each request or petition submitted under Subsection (2)[(a)] shall:
1146          [(A)] (i) be filed with the clerk of each county in which any part of the proposed new
1147     school district is located;
1148          [(B)] (ii) indicate the typed or printed name and current residence address of each
1149     governing board member making a request, or registered voter signing a petition, as the case

1150     may be;
1151          [(C)] (iii) describe the proposed new school district boundaries; and
1152          [(D)] (iv) designate up to five signers of the petition or request as sponsors, one of
1153     whom shall be designated as the contact sponsor, with the mailing address and telephone
1154     number of each.
1155          [(c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
1156     reinstate the signer's signature at any time before the filing of the petition by filing a written
1157     withdrawal or reinstatement with the county clerk.]
1158          [(d)] (c) The process [under] described in Subsection (2)(a)[(i)] may only be initiated
1159     once during any four-year period.
1160          [(e)] (d) A new district may not be formed [pursuant to] under Subsection (2)[(a)] if the
1161     student population of the proposed new district is less than 3,000 or the existing district's
1162     student population would be less than 3,000 because of the creation of the new school district.
1163          (4) A signer of a petition described in Subsection (2)(a) may withdraw or, once
1164     withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
1165     a written request for withdrawal or reinstatement with the county clerk.
1166          [(f)] (5) Within 45 days after the [filing of] day on which a petition [under] described
1167     in Subsection (2)(a)[(i)] is filed, or five business days after the [filing of] day on which a
1168     request [under] described in Subsection (2)[(a)(ii) or (iii)](b) or (c) is filed, the clerk of each
1169     county with which [a] the request or petition is filed shall:
1170          [(i)] (a) determine whether the request or petition complies with Subsections (2)[(a),
1171     (b), (d), and (e)] and (3), as applicable; and
1172          [(ii) (A)] (b) (i) if the county clerk determines that the request or petition complies with
1173     the applicable requirements:
1174          [(I)] (A) certify the request or petition and deliver the certified request or petition to the
1175     county legislative body; and
1176          [(II)] (B) mail or deliver written notification of the certification to the contact sponsor;
1177     or

1178          [(B)] (ii) if the county clerk determines that the request or petition fails to comply with
1179     any of the applicable requirements, reject the request or petition and notify the contact sponsor
1180     in writing of the rejection and reasons for the rejection.
1181          [(g)] (6) (a) If the county clerk fails to certify or reject a request or petition within the
1182     time specified in Subsection [(2)(f)] (5), the request or petition [shall be] is considered to be
1183     certified.
1184          [(h)] (b) (i) If the county clerk rejects a request or petition, the person that submitted
1185     the request or petition may [be amended] amend the request or petition to correct the
1186     deficiencies for which [it] the request or petition was rejected, and [then refiled] refile the
1187     request or petition.
1188          (ii) Subsection [(2)(d)] (3)(c) does not apply to a request or petition that is amended
1189     and refiled after having been rejected by a county clerk.
1190          [(i)] (c) If, on or before December 1, a county legislative body receives a request from
1191     a school board under Subsection (2)[(a)(ii)](b) or a petition under Subsection (2)(a)[(i) which]
1192     that is certified by the county clerk [on or before December 1]:
1193          (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
1194     [by] in Subsection [(3)] (7), on or before January 1;
1195          (ii) the ad hoc advisory committee shall submit its report and recommendations to the
1196     county legislative body, as provided [by] in Subsection [(3)] (7), on or before July 1; and
1197          (iii) if the legislative body of each county with which a request or petition is filed
1198     approves a proposal to create a new district, [the proposal shall be submitted] each legislative
1199     body shall submit the proposal to the respective county clerk to be voted on by the electors of
1200     each existing district at the regular general or municipal general election held in November.
1201          [(3)] (7) (a) The legislative body of each county with which a request or petition is
1202     filed shall appoint an ad hoc advisory committee to review and make recommendations on a
1203     request for the creation of a new school district submitted under Subsection (2)(a)[(i) or (ii)] or
1204     (b).
1205          (b) The advisory committee shall:

1206          (i) seek input from:
1207          (A) those requesting the creation of the new school district;
1208          (B) the school board and school personnel of each existing school district;
1209          (C) those citizens residing within the geographical boundaries of each existing school
1210     district;
1211          (D) the State Board of Education; and
1212          (E) other interested parties;
1213          (ii) review data and gather information on at least:
1214          (A) the financial viability of the proposed new school district;
1215          (B) the proposal's financial impact on each existing school district;
1216          (C) the exact placement of school district boundaries; and
1217          (D) the positive and negative effects of creating a new school district and whether the
1218     positive effects outweigh the negative if a new school district were to be created; and
1219          (iii) make a report to the county legislative body in a public meeting on the committee's
1220     activities, together with a recommendation on whether to create a new school district.
1221          [(4)] (8) For a request or petition submitted under Subsection (2)(a)[(i) or (2)(a)(ii)] or
1222     (b):
1223          (a) The county legislative body shall provide for a 45-day public comment period on
1224     the report and recommendation to begin on the day the report is given under Subsection [(3)]
1225     (7)(b)(iii).
1226          (b) Within 14 days after the end of the comment period, the legislative body of each
1227     county with which a request or petition is filed shall vote on the creation of the proposed new
1228     school district.
1229          (c) The proposal is approved if a majority of the members of the legislative body of
1230     each county with which a request or petition is filed votes in favor of the proposal.
1231          (d) If the proposal is approved, the legislative body of each county with which a
1232     request or petition is filed shall submit the proposal to the county clerk to be voted on:
1233          (i) by the legal voters of each existing school district affected by the proposal;

1234          (ii) in accordance with the procedures and requirements applicable to a regular general
1235     election under Title 20A, Election Code; and
1236          (iii) at the next regular general election or municipal general election, whichever is
1237     first.
1238          (e) Creation of the new school district shall occur if a majority of the electors within
1239     both the proposed school district and each remaining school district voting on the proposal vote
1240     in favor of the creation of the new district.
1241          (f) Each county legislative body shall comply with the requirements of Section
1242     53A-2-101.5.
1243          (g) If a proposal submitted under Subsection (2)(a)[(i) or (ii)] or (b) to create a new
1244     district is approved by the electors, the existing district's documented costs to study and
1245     implement the proposal shall be reimbursed by the new district.
1246          [(5)] (9) (a) If a proposal submitted under Subsection (2)[(a)(iii)](c) is certified under
1247     Subsection [(2)(f) or (g)] (5) or (6)(a), the legislative body of each county in which part of the
1248     proposed new school district is located shall submit the proposal to the respective clerk of each
1249     county to be voted on:
1250          (i) by the legal voters residing within the proposed new school district boundaries;
1251          (ii) in accordance with the procedures and requirements applicable to a regular general
1252     election under Title 20A, Election Code; and
1253          (iii) at the next regular general election or municipal general election, whichever is
1254     first.
1255          (b) (i) If a majority of the legal voters within the proposed new school district
1256     boundaries voting on the proposal at an election under Subsection [(5)] (9)(a) vote in favor of
1257     the creation of the new district:
1258          (A) each county legislative body shall comply with the requirements of Section
1259     53A-2-101.5; and
1260          (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
1261     the new district is created.

1262          (ii) Notwithstanding the creation of a new district as provided in Subsection [(5)]
1263     (9)(b)(i)(B):
1264          (A) a new school district may not begin to provide educational services to the area
1265     within the new district until July 1 of the second calendar year following the school board
1266     general election date described in Subsection 53A-2-118.1(3)(a)(i);
1267          (B) a remaining district may not begin to provide educational services to the area
1268     within the remaining district until the time specified in Subsection [(5)] (9)(b)(ii)(A); and
1269          (C) each existing district shall continue, until the time specified in Subsection [(5)]
1270     (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
1271     district.
1272          Section 17. Section 53A-2-118.1 is amended to read:
1273          53A-2-118.1. Proposal initiated by a city or by interlocal agreement participants
1274     to create a school district -- Boundaries -- Election of local school board members --
1275     Allocation of assets and liabilities -- Startup costs -- Transfer of title.
1276          (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
1277     as determined by the lieutenant governor using the process described in Subsection 67-1a-2(3),
1278     may by majority vote of the legislative body, submit for voter approval a measure to create a
1279     new school district with boundaries contiguous with that city's boundaries, in accordance with
1280     Section 53A-2-118.
1281          (b) (i) The determination of all matters relating to the scope, adequacy, and other
1282     aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
1283     city's legislative body.
1284          (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
1285     a legal action or other challenge to:
1286          (A) an election for voter approval of the creation of a new school district; or
1287          (B) the creation of the new school district.
1288          (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
1289     may, together with one or more other cities, towns, or the county enter into an interlocal

1290     agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
1291     of submitting for voter approval a measure to create a new school district.
1292          (b) (i) In accordance with Section 53A-2-118, interlocal agreement participants under
1293     Subsection (2)(a) may submit a proposal for voter approval if:
1294          (A) the interlocal agreement participants conduct a feasibility study prior to submitting
1295     the proposal to the county;
1296          (B) the combined population within the proposed new school district boundaries is at
1297     least 50,000;
1298          (C) the new school district boundaries:
1299          (I) are contiguous;
1300          (II) do not completely surround or otherwise completely geographically isolate a
1301     portion of an existing school district that is not part of the proposed new school district from
1302     the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
1303          (III) include the entire boundaries of each participant city or town, except as provided
1304     in Subsection (2)(d)(ii); and
1305          (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
1306          (D) the combined population within the proposed new school district of interlocal
1307     agreement participants that have entered into an interlocal agreement proposing to create a new
1308     school district is at least 80% of the total population of the proposed new school district.
1309          (ii) The determination of all matters relating to the scope, adequacy, and other aspects
1310     of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
1311     feasibility study or revise a previous feasibility study due to a change in the proposed new
1312     school district boundaries, is within the exclusive discretion of the legislative bodies of the
1313     interlocal agreement participants that enter into an interlocal agreement to submit for voter
1314     approval a measure to create a new school district.
1315          (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
1316     basis of a legal action or other challenge to:
1317          (A) an election for voter approval of the creation of a new school district; or

1318          (B) the creation of the new school district.
1319          (iv) For purposes of determining whether the boundaries of a proposed new school
1320     district cross county lines under Subsection (2)(b)(i)(C)(IV):
1321          (A) a municipality located in more than one county and entirely within the boundaries
1322     of a single school district is considered to be entirely within the same county as other
1323     participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
1324     land area and population is located in that same county than outside the county; and
1325          (B) a municipality located in more than one county that participates in an interlocal
1326     agreement under Subsection (2)(a) with respect to some but not all of the area within the
1327     municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
1328     not be considered to cross county lines.
1329          (c) (i) A county may only participate in an interlocal agreement under this Subsection
1330     (2) for the unincorporated areas of the county.
1331          (ii) Boundaries of a new school district created under this section may include:
1332          (A) a portion of one or more existing school districts; and
1333          (B) a portion of the unincorporated area of a county, including a portion of a township.
1334          (d) (i) As used in this Subsection (2)(d):
1335          (A) "Isolated area" means an area that:
1336          (I) is entirely within the boundaries of a municipality that, except for that area, is
1337     entirely within a school district different than the school district in which the area is located;
1338     and
1339          (II) would, because of the creation of a new school district from the existing district in
1340     which the area is located, become completely geographically isolated.
1341          (B) "Municipality's school district" means the school district that includes all of the
1342     municipality in which the isolated area is located except the isolated area.
1343          (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
1344     an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
1345     within the municipality's boundaries if:

1346          (A) the portion of the municipality proposed to be included in the new school district
1347     would, if not included, become an isolated area upon the creation of the new school district; or
1348          (B) (I) the portion of the municipality proposed to be included in the new school
1349     district is within the boundaries of the same school district that includes the other interlocal
1350     agreement participants; and
1351          (II) the portion of the municipality proposed to be excluded from the new school
1352     district is within the boundaries of a school district other than the school district that includes
1353     the other interlocal agreement participants.
1354          (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
1355     district may be submitted for voter approval pursuant to an interlocal agreement under
1356     Subsection (2)(a), even though the new school district boundaries would create an isolated
1357     area, if:
1358          (I) the potential isolated area is contiguous to one or more of the interlocal agreement
1359     participants;
1360          (II) the interlocal participants submit a written request to the municipality in which the
1361     potential isolated area is located, requesting the municipality to enter into an interlocal
1362     agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
1363     create a new school district that includes the potential isolated area; and
1364          (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
1365     municipality has not entered into an interlocal agreement as requested in the request.
1366          (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
1367     one or more public hearings to allow input from the public and affected school districts
1368     regarding whether or not the municipality should enter into an interlocal agreement with
1369     respect to the potential isolated area.
1370          (C) (I) This Subsection (2)(d)(iii)(C) applies if:
1371          (Aa) a new school district is created under this section after a measure is submitted to
1372     voters based on the authority of Subsection (2)(d)(iii)(A); and
1373          (Bb) the creation of the new school district results in an isolated area.

1374          (II) The isolated area shall, on July 1 of the second calendar year following the local
1375     school board general election date described in Subsection (3)(a)(i), become part of the
1376     municipality's school district.
1377          (III) Unless the isolated area is the only remaining part of the existing district, the
1378     process described in Subsection (4) shall be modified to:
1379          (Aa) include a third transition team, appointed by the local school board of the
1380     municipality's school district, to represent that school district; and
1381          (Bb) require allocation of the existing district's assets and liabilities among the new
1382     district, the remaining district, and the municipality's school district.
1383          (IV) The existing district shall continue to provide educational services to the isolated
1384     area until July 1 of the second calendar year following the local school board general election
1385     date described in Subsection (3)(a)(i).
1386          (3) (a) If a proposal under this section is approved by voters:
1387          (i) an election shall be held at the next regular general election to elect:
1388          (A) members to the local school board of the existing school district whose terms are
1389     expiring;
1390          (B) all members to the local school board of the new school district; and
1391          (C) all members to the local school board of the remaining district;
1392          (ii) the assets and liabilities of the existing school district shall be divided between the
1393     remaining school district and the new school district as provided in Subsection (5) and Section
1394     53A-2-121;
1395          (iii) transferred employees shall be treated in accordance with Sections 53A-2-116 and
1396     53A-2-122;
1397          (iv) (A) an individual residing within the boundaries of a new school district at the
1398     time the new school district is created may, for six school years after the creation of the new
1399     school district, elect to enroll in a secondary school located outside the boundaries of the new
1400     school district if:
1401          (I) the individual resides within the boundaries of that secondary school as of the day

1402     before the new school district is created; and
1403          (II) the individual would have been eligible to enroll in that secondary school had the
1404     new school district not been created; and
1405          (B) the school district in which the secondary school is located shall provide
1406     educational services, including, if provided before the creation of the new school district,
1407     busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
1408     year for which the individual makes the election; and
1409          (v) within one year after the new district begins providing educational services, the
1410     superintendent of each remaining district affected and the superintendent of the new district
1411     shall meet, together with the Superintendent of Public Instruction, to determine if further
1412     boundary changes should be proposed in accordance with Section 53A-2-104.
1413          (b) (i) The terms of the initial members of the local school board of the new district and
1414     remaining district shall be staggered and adjusted by the county legislative body so that
1415     approximately half of the local school board is elected every two years.
1416          (ii) The term of a member of the existing local school board, including a member
1417     elected under Subsection (3)(a)(i)(A), terminates on July 1 of the second year after the local
1418     school board general election date described in Subsection (3)(a)(i), regardless of when the
1419     term would otherwise have terminated.
1420          (iii) Notwithstanding the existence of a local school board for the new district and a
1421     local school board for the remaining district under Subsection (3)(a)(i), the local school board
1422     of the existing district shall continue, until the time specified in Subsection
1423     53A-2-118[(5)](9)(b)(ii)(A), to function and exercise authority as a local school board to the
1424     extent necessary to continue to provide educational services to the entire existing district.
1425          (iv) [A person] An individual may simultaneously serve as or be elected to be a
1426     member of the local school board of an existing district and a member of the local school board
1427     of:
1428          (A) a new district; or
1429          (B) a remaining district.

1430          (4) (a) Within 45 days after the canvass date for the election at which voters approve
1431     the creation of a new district:
1432          (i) a transition team to represent the remaining district shall be appointed by the
1433     members of the existing local school board who reside within the area of the remaining district,
1434     in consultation with:
1435          (A) the legislative bodies of all municipalities in the area of the remaining district; and
1436          (B) the legislative body of the county in which the remaining district is located, if the
1437     remaining district includes one or more unincorporated areas of the county; and
1438          (ii) another transition team to represent the new district shall be appointed by:
1439          (A) for a new district located entirely within the boundaries of a single city, the
1440     legislative body of that city; or
1441          (B) for each other new district, the legislative bodies of all interlocal agreement
1442     participants.
1443          (b) The local school board of the existing school district shall, within 60 days after the
1444     canvass date for the election at which voters approve the creation of a new district:
1445          (i) prepare an inventory of the existing district's:
1446          (A) assets, both tangible and intangible, real and personal; and
1447          (B) liabilities; and
1448          (ii) deliver a copy of the inventory to each of the transition teams.
1449          (c) The transition teams appointed under Subsection (4)(a) shall:
1450          (i) determine the allocation of the existing district's assets and, except for indebtedness
1451     under Section 53A-2-121, liabilities between the remaining district and the new district in
1452     accordance with Subsection (5);
1453          (ii) prepare a written report detailing how the existing district's assets and, except for
1454     indebtedness under Section 53A-2-121, liabilities are to be allocated; and
1455          (iii) deliver a copy of the written report to:
1456          (A) the local school board of the existing district;
1457          (B) the local school board of the remaining district; and

1458          (C) the local school board of the new district.
1459          (d) The transition teams shall determine the allocation under Subsection (4)(c)(i) and
1460     deliver the report required under Subsection (4)(c)(ii) before August 1 of the year following the
1461     election at which voters approve the creation of a new district, unless that deadline is extended
1462     by the mutual agreement of:
1463          (i) the local school board of the existing district; and
1464          (ii) (A) the legislative body of the city in which the new district is located, for a new
1465     district located entirely within a single city; or
1466          (B) the legislative bodies of all interlocal agreement participants, for each other new
1467     district.
1468          (e) (i) All costs and expenses of the transition team that represents a remaining district
1469     shall be borne by the remaining district.
1470          (ii) All costs and expenses of the transition team that represents a new district shall
1471     initially be borne by:
1472          (A) the city whose legislative body appoints the transition team, if the transition team
1473     is appointed by the legislative body of a single city; or
1474          (B) the interlocal agreement participants, if the transition team is appointed by the
1475     legislative bodies of interlocal agreement participants.
1476          (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
1477     agreement participants for:
1478          (A) transition team costs and expenses; and
1479          (B) startup costs and expenses incurred by the city or interlocal agreement participants
1480     on behalf of the new district.
1481          (5) (a) As used in this Subsection (5):
1482          (i) "Associated property" means furniture, equipment, or supplies located in or
1483     specifically associated with a physical asset.
1484          (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
1485     (5)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or

1486     employee by law or school district accounting practice.
1487          (B) "Discretionary asset or liability" does not include a physical asset, associated
1488     property, a vehicle, or bonded indebtedness.
1489          (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
1490     (5)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
1491     by law or school district accounting practice.
1492          (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
1493     property, a vehicle, or bonded indebtedness.
1494          (iv) "Physical asset" means a building, land, or water right together with revenue
1495     derived from the lease or use of the building, land, or water right.
1496          (b) Except as provided in Subsection (5)(c), the transition teams appointed under
1497     Subsection (4)(a) shall allocate all assets and liabilities the existing district owns on the
1498     allocation date, both tangible and intangible, real and personal, to the new district and
1499     remaining district as follows:
1500          (i) a physical asset and associated property shall be allocated to the school district in
1501     which the physical asset is located;
1502          (ii) a discretionary asset or liability shall be allocated between the new district and
1503     remaining district in proportion to the student populations of the school districts;
1504          (iii) a nondiscretionary asset shall be allocated to the school district where the project,
1505     school, student, or employee to which the nondiscretionary asset is tied will be located;
1506          (iv) vehicles used for pupil transportation shall be allocated:
1507          (A) according to the transportation needs of schools, as measured by the number and
1508     assortment of vehicles used to serve transportation routes serving schools within the new
1509     district and remaining district; and
1510          (B) in a manner that gives each school district a fleet of vehicles for pupil
1511     transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
1512     and
1513          (v) other vehicles shall be allocated:

1514          (A) in proportion to the student populations of the school districts; and
1515          (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
1516     condition, and carrying capacities.
1517          (c) By mutual agreement, the transition teams may allocate an asset or liability in a
1518     manner different than the allocation method specified in Subsection (5)(b).
1519          (6) (a) As used in this Subsection (6):
1520          (i) "New district startup costs" means:
1521          (A) costs and expenses incurred by a new district in order to prepare to begin providing
1522     educational services on July 1 of the second calendar year following the local school board
1523     general election date described in Subsection (3)(a)(i); and
1524          (B) the costs and expenses of the transition team that represents the new district.
1525          (ii) "Remaining district startup costs" means:
1526          (A) costs and expenses incurred by a remaining district in order to:
1527          (I) make necessary adjustments to deal with the impacts resulting from the creation of
1528     the new district; and
1529          (II) prepare to provide educational services within the remaining district once the new
1530     district begins providing educational services within the new district; and
1531          (B) the costs and expenses of the transition team that represents the remaining district.
1532          (b) (i) By January 1 of the year following the local school board general election date
1533     described in Subsection (3)(a)(i), the existing district shall make half of the undistributed
1534     reserve from its General Fund, to a maximum of $9,000,000, available for the use of the
1535     remaining district and the new district, as provided in this Subsection (6).
1536          (ii) The existing district may make additional funds available for the use of the
1537     remaining district and the new district beyond the amount specified in Subsection (6)(b)(i)
1538     through an interlocal agreement.
1539          (c) The existing district shall make the money under Subsection (6)(b) available to the
1540     remaining district and the new district proportionately based on student population.
1541          (d) The money made available under Subsection (6)(b) may be accessed and spent by:

1542          (i) for the remaining district, the local school board of the remaining district; and
1543          (ii) for the new district, the local school board of the new district.
1544          (e) (i) The remaining district may use its portion of the money made available under
1545     Subsection (6)(b) to pay for remaining district startup costs.
1546          (ii) The new district may use its portion of the money made available under Subsection
1547     (6)(b) to pay for new district startup costs.
1548          (7) (a) The existing district shall transfer title or, if applicable, partial title of property
1549     to the new school district in accordance with the allocation of property by the transition teams,
1550     as stated in the report under Subsection (4)(c)(ii).
1551          (b) The existing district shall complete each transfer of title or, if applicable, partial
1552     title to real property and vehicles by July 1 of the second calendar year following the local
1553     school board general election date described in Subsection (3)(a)(i), except as that date is
1554     changed by the mutual agreement of:
1555          (i) the local school board of the existing district;
1556          (ii) the local school board of the remaining district; and
1557          (iii) the local school board of the new district.
1558          (c) The existing district shall complete the transfer of all property not included in
1559     Subsection (7)(b) by November 1 of the second calendar year after the local school board
1560     general election date described in Subsection (3)(a)(i).
1561          (8) Except as provided in Subsections (6) and (7), after the creation election date an
1562     existing school district may not transfer or agree to transfer title to district property without the
1563     prior consent of:
1564          (a) the legislative body of the city in which the new district is located, for a new district
1565     located entirely within a single city; or
1566          (b) the legislative bodies of all interlocal agreement participants, for each other new
1567     district.
1568          (9) This section does not apply to the creation of a new district initiated through a
1569     citizens' initiative petition or at the request of a local school board under Section 53A-2-118.

1570