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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies dates, deadlines, and other requirements in the Election Code to allow for
13 a runoff election for primary races in certain circumstances;
14 ▸ changes the dates during which an individual may file a declaration of candidacy or
15 a notice of intent to gather signatures;
16 ▸ changes the deadline for filing a petition and submitting signatures to form a
17 political party;
18 ▸ provides for a runoff election, by absentee ballot, in a primary election race where
19 more than three candidates appear on the ballot for the same office, and from the
20 same party, and where one candidate does not receive a certain percentage of the
21 votes;
22 ▸ modifies deadlines for requesting a recount or contesting an election;
23 ▸ amends campaign finance reporting requirements in relation to a runoff election;
24 ▸ establishes requirements, and addresses payment, for a runoff election; and
25 ▸ makes technical and conforming amendments.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a coordination clause.
30 Utah Code Sections Affected:
31 AMENDS:
32 20A-1-102, as last amended by Laws of Utah 2016, Chapters 28, 66, and 176
33 20A-1-501, as last amended by Laws of Utah 2016, Chapter 16
34 20A-1-503, as last amended by Laws of Utah 2011, Chapters 327 and 340
35 20A-1-509.1, as last amended by Laws of Utah 2011, Chapters 297 and 327
36 20A-4-301, as last amended by Laws of Utah 2014, Chapter 377
37 20A-4-304, as last amended by Laws of Utah 2012, Chapter 309
38 20A-4-306, as last amended by Laws of Utah 2011, Third Special Session, Chapter 2
39 20A-4-401, as last amended by Laws of Utah 2013, Chapter 92
40 20A-4-403, as last amended by Laws of Utah 2007, Chapter 238
41 20A-5-303, as last amended by Laws of Utah 2011, Chapter 335
42 20A-7-702, as last amended by Laws of Utah 2016, Chapter 348
43 20A-7-801, as last amended by Laws of Utah 2013, Chapters 182, 219 and last
44 amended by Coordination Clause, Laws of Utah 2013, Chapter 182
45 20A-8-103, as last amended by Laws of Utah 2013, Chapter 253
46 20A-9-202, as last amended by Laws of Utah 2015, Chapter 296
47 20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
48 20A-9-406, as last amended by Laws of Utah 2016, Chapters 16 and 66
49 20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
50 20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
51 20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
52 20A-11-204, as last amended by Laws of Utah 2016, Chapters 16 and 409
53 20A-11-206, as last amended by Laws of Utah 2016, Chapter 16
54 20A-11-303, as last amended by Laws of Utah 2016, Chapters 16 and 409
55 20A-11-305, as last amended by Laws of Utah 2016, Chapter 16
56 20A-11-1303, as last amended by Laws of Utah 2016, Chapters 28 and 409
57 20A-11-1305, as last amended by Laws of Utah 2016, Chapter 28
58 20A-14-203, as last amended by Laws of Utah 2016, Chapter 16
59 20A-16-502, as last amended by Laws of Utah 2012, Chapter 369
60 ENACTS:
61 20A-9-409.5, Utah Code Annotated 1953
62 Utah Code Sections Affected by Coordination Clause:
63 20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
64
65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 20A-1-102 is amended to read:
67 20A-1-102. Definitions.
68 As used in this title:
69 (1) "Active voter" means a registered voter who has not been classified as an inactive
70 voter by the county clerk.
71 (2) "Automatic tabulating equipment" means apparatus that automatically examines
72 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
73 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
74 upon which a voter records the voter's votes.
75 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
76 envelopes.
77 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
78 (a) contain the names of offices and candidates and statements of ballot propositions to
79 be voted on; and
80 (b) are used in conjunction with ballot sheets that do not display that information.
81 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
82 on the ballot for their approval or rejection including:
83 (a) an opinion question specifically authorized by the Legislature;
84 (b) a constitutional amendment;
85 (c) an initiative;
86 (d) a referendum;
87 (e) a bond proposition;
88 (f) a judicial retention question;
89 (g) an incorporation of a city or town; or
90 (h) any other ballot question specifically authorized by the Legislature.
91 (6) "Ballot sheet":
92 (a) means a ballot that:
93 (i) consists of paper or a card where the voter's votes are marked or recorded; and
94 (ii) can be counted using automatic tabulating equipment; and
95 (b) includes punch card ballots and other ballots that are machine-countable.
96 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
97 together with a staple or stitch in at least three places across the top of the paper in the blank
98 space reserved for securing the paper.
99 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
100 20A-4-306 to canvass election returns.
101 (9) "Bond election" means an election held for the purpose of approving or rejecting
102 the proposed issuance of bonds by a government entity.
103 (10) "Book voter registration form" means voter registration forms contained in a
104 bound book that are used by election officers and registration agents to register persons to vote.
105 (11) "Business reply mail envelope" means an envelope that may be mailed free of
106 charge by the sender.
107 (12) "By-mail voter registration form" means a voter registration form designed to be
108 completed by the voter and mailed to the election officer.
109 (13) "Canvass" means the review of election returns and the official declaration of
110 election results by the board of canvassers.
111 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
112 the canvass.
113 (15) "Contracting election officer" means an election officer who enters into a contract
114 or interlocal agreement with a provider election officer.
115 (16) "Convention" means the political party convention at which party officers and
116 delegates are selected.
117 (17) "Counting center" means one or more locations selected by the election officer in
118 charge of the election for the automatic counting of ballots.
119 (18) "Counting judge" means a poll worker designated to count the ballots during
120 election day.
121 (19) "Counting poll watcher" means a person selected as provided in Section
122 20A-3-201 to witness the counting of ballots.
123 (20) "Counting room" means a suitable and convenient private place or room,
124 immediately adjoining the place where the election is being held, for use by the poll workers
125 and counting judges to count ballots during election day.
126 (21) "County officers" means those county officers that are required by law to be
127 elected.
128 (22) "Covered voter" means:
129 (a) a uniformed-service voter or an overseas voter who is registered to vote in the state;
130 or
131 (b) a uniformed-service voter whose voting residence is in the state and who otherwise
132 satisfies the state's voter eligibility requirements.
133 [
134 (a) means the day that is specified in the calendar year as the day that the election
135 occurs; and
136 (b) does not include:
137 (i) deadlines established for absentee voting; or
138 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
139 Voting.
140 [
141 (a) a person elected to an office under Section 20A-1-303;
142 (b) a person who is considered to be elected to a municipal office in accordance with
143 Subsection 20A-1-206(1)(c)(ii); or
144 (c) a person who is considered to be elected to a local district office in accordance with
145 Subsection 20A-1-206(3)(c)(ii).
146 [
147 statewide special election, a local special election, a regular primary election, a municipal
148 primary election, [
149 [
150 the Help America Vote Act of 2002, Pub. L. No. 107-252.
151 [
152 eligible to file declarations of candidacy and ending when the canvass is completed.
153 [
154 (a) preside over other poll workers at a polling place;
155 (b) act as the presiding election judge; or
156 (c) serve as a canvassing judge, counting judge, or receiving judge.
157 [
158 (a) the lieutenant governor, for all statewide ballots and elections;
159 (b) the county clerk for:
160 (i) a county ballot and election; and
161 (ii) a ballot and election as a provider election officer as provided in Section
162 20A-5-400.1 or 20A-5-400.5;
163 (c) the municipal clerk for:
164 (i) a municipal ballot and election; and
165 (ii) a ballot and election as a provider election officer as provided in Section
166 20A-5-400.1 or 20A-5-400.5;
167 (d) the local district clerk or chief executive officer for:
168 (i) a local district ballot and election; and
169 (ii) a ballot and election as a provider election officer as provided in Section
170 20A-5-400.1 or 20A-5-400.5; or
171 (e) the business administrator or superintendent of a school district for:
172 (i) a school district ballot and election; and
173 (ii) a ballot and election as a provider election officer as provided in Section
174 20A-5-400.1 or 20A-5-400.5.
175 [
176 worker.
177 [
178 (a) for an election other than a bond election, the count of votes cast in the election and
179 the election returns requested by the board of canvassers; or
180 (b) for bond elections, the count of those votes cast for and against the bond
181 proposition plus any or all of the election returns that the board of canvassers may request.
182 [
183 voter registration and voting certificates, one of the tally sheets, any unprocessed absentee
184 ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot
185 disposition form, and the total votes cast form.
186 [
187 voting device or other voting device that records and stores ballot information by electronic
188 means.
189 [
190 attached to or logically associated with a record and executed or adopted by a person with the
191 intent to sign the record.
192 [
193 ballots.
194 (b) "Electronic voting device" includes a direct recording electronic voting device.
195 [
196 (a) been sent the notice required by Section 20A-2-306; and
197 (b) failed to respond to that notice.
198 [
199 witness the receipt and safe deposit of voted and counted ballots.
200 [
201 [
202 county court judge.
203 [
204 Purpose Local Government Entities - Local Districts, and includes a special service district
205 under Title 17D, Chapter 1, Special Service District Act.
206 [
207 required by law to be elected.
208 [
209 election, a municipal primary election, a local special election, a local district election, and a
210 bond election.
211 [
212 district, or a local school district.
213 [
214 body of a local political subdivision in which all registered voters of the local political
215 subdivision may vote.
216 [
217 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
218 (b) the mayor in the council-manager form of government defined in Subsection
219 10-3b-103(7); or
220 (c) the chair of a metro township form of government defined in Section 10-3b-102.
221 [
222 as applicable, local districts on the first Tuesday after the first Monday in November of each
223 odd-numbered year for the purposes established in Section 20A-1-202.
224 [
225 (a) the council of the city or town in any form of municipal government; or
226 (b) the council of a metro township.
227 [
228 [
229 law to be elected.
230 [
231 candidates for municipal office.
232 [
233 [
234 poll workers to be given to voters to record their votes.
235 [
236 (a) the information on the ballot that identifies:
237 (i) the ballot as an official ballot;
238 (ii) the date of the election; and
239 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
240 facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
241 (B) for a ballot prepared by a county clerk, the words required by Subsection
242 20A-6-301(1)(c)(iii); and
243 (b) the information on the ballot stub that identifies:
244 (i) the poll worker's initials; and
245 (ii) the ballot number.
246 [
247 by the election officer that contains the information required by Section 20A-5-401.
248 [
249 (a) the names of offices and candidates and statements of ballot propositions to be
250 voted on; and
251 (b) spaces for the voter to record the voter's vote for each office and for or against each
252 ballot proposition.
253 [
254 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
255 Formation and Procedures.
256 [
257 appear to cast votes.
258 [
259 [
260 with an election, voting, or counting votes.
261 (b) "Poll worker" includes election judges.
262 (c) "Poll worker" does not include a watcher.
263 [
264 ballot in which the voter marks the voter's choice.
265 [
266 year of the regular general election.
267 [
268 (a) is built into a voting machine; and
269 (b) records the total number of movements of the operating lever.
270 [
271 contract or interlocal agreement with a contracting election officer to conduct an election for
272 the contracting election officer's local political subdivision in accordance with Section
273 20A-5-400.1.
274 [
275 (a) whose name is not listed on the official register at the polling place;
276 (b) whose legal right to vote is challenged as provided in this title; or
277 (c) whose identity was not sufficiently established by a poll worker.
278 [
279 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
280 information to verify a person's legal right to vote.
281 [
282 performing the duties of the position for which the person was elected.
283 [
284 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
285 after the voter has voted.
286 [
287 voter registration form.
288 [
289 [
290 the first Tuesday after the first Monday in November of each even-numbered year for the
291 purposes established in Section 20A-1-201.
292 [
293 June of each even-numbered year, to nominate candidates of political parties and candidates for
294 nonpartisan local school board positions to advance to the regular general election.
295 [
296 Utah.
297 [
298 printed and distributed as provided in Section 20A-5-405.
299 [
300 mark or punch the ballot for one or more candidates who are members of different political
301 parties or who are unaffiliated.
302 [
303 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
304 secrecy of the voter's vote.
305 [
306 20A-1-203.
307 [
308 (a) is spoiled by the voter;
309 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
310 (c) lacks the official endorsement.
311 [
312 or the Legislature in which all registered voters in Utah may vote.
313 [
314 [
315 officer to the poll workers when the official ballots are lost or stolen.
316 [
317 (a) political parties;
318 (b) candidates for an office; or
319 (c) ballot propositions.
320 [
321 counting center.
322 [
323 by statute, whether that absence occurs because of death, disability, disqualification,
324 resignation, or other cause.
325 [
326 (a) a form of identification that bears the name and photograph of the voter which may
327 include:
328 (i) a currently valid Utah driver license;
329 (ii) a currently valid identification card that is issued by:
330 (A) the state; or
331 (B) a branch, department, or agency of the United States;
332 (iii) a currently valid Utah permit to carry a concealed weapon;
333 (iv) a currently valid United States passport; or
334 (v) a currently valid United States military identification card;
335 (b) one of the following identification cards, whether or not the card includes a
336 photograph of the voter:
337 (i) a valid tribal identification card;
338 (ii) a Bureau of Indian Affairs card; or
339 (iii) a tribal treaty card; or
340 (c) two forms of identification not listed under Subsection [
341 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
342 which may include:
343 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
344 election;
345 (ii) a bank or other financial account statement, or a legible copy thereof;
346 (iii) a certified birth certificate;
347 (iv) a valid social security card;
348 (v) a check issued by the state or the federal government or a legible copy thereof;
349 (vi) a paycheck from the voter's employer, or a legible copy thereof;
350 (vii) a currently valid Utah hunting or fishing license;
351 (viii) certified naturalization documentation;
352 (ix) a currently valid license issued by an authorized agency of the United States;
353 (x) a certified copy of court records showing the voter's adoption or name change;
354 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
355 (xii) a currently valid identification card issued by:
356 (A) a local government within the state;
357 (B) an employer for an employee; or
358 (C) a college, university, technical school, or professional school located within the
359 state; or
360 (xiii) a current Utah vehicle registration.
361 [
362 write-in candidate by following the procedures and requirements of this title.
363 [
364 (a) meets the requirements for voting in an election;
365 (b) meets the requirements of election registration;
366 (c) is registered to vote; and
367 (d) is listed in the official register book.
368 [
369 Section 20A-2-102.5.
370 [
371 machines, and ballot box.
372 [
373 (a) the space or compartment within a polling place that is provided for the preparation
374 of ballots, including the voting machine enclosure or curtain; or
375 (b) a voting device that is free standing.
376 [
377 (a) an apparatus in which ballot sheets are used in connection with a punch device for
378 piercing the ballots by the voter;
379 (b) a device for marking the ballots with ink or another substance;
380 (c) an electronic voting device or other device used to make selections and cast a ballot
381 electronically, or any component thereof;
382 (d) an automated voting system under Section 20A-5-302; or
383 (e) any other method for recording votes on ballots so that the ballot may be tabulated
384 by means of automatic tabulating equipment.
385 [
386 recording and tabulating votes cast by voters at an election.
387 [
388 witness the distribution of ballots and the voting process.
389 [
390 law within which qualified voters vote at one polling place.
391 [
392 inspecting poll watcher, and a testing watcher.
393 [
394 Chapter 9, Part 8, Western States Presidential Primary.
395 [
396 [
397 the ballot according to the procedures established in this title.
398 Section 2. Section 20A-1-501 is amended to read:
399 20A-1-501. Candidate vacancies -- Procedure for filling.
400 (1) The state central committee of a political party, for candidates for United States
401 senator, United States representative, governor, lieutenant governor, attorney general, state
402 treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
403 more than one county, and the county central committee of a political party, for all other party
404 candidates seeking an office elected at a regular general election, may certify the name of
405 another candidate to the appropriate election officer if:
406 (a) for a registered political party that will have a candidate on a ballot in a primary
407 election, after the close of the period for filing a declaration of candidacy and continuing
408 through the day before the day on which the lieutenant governor provides the list described in
409 Subsection 20A-9-403(4)(a):
410 (i) only one or two candidates from that party have filed a declaration of candidacy for
411 that office; and
412 (ii) one or both:
413 (A) dies;
414 (B) resigns because of acquiring a physical or mental disability, certified by a
415 physician, that prevents the candidate from continuing the candidacy; or
416 (C) is disqualified by an election officer for improper filing or nominating procedures;
417 (b) for a registered political party that does not have a candidate on the ballot in a
418 primary, but that will have a candidate on the ballot for a general election, after the close of the
419 period for filing a declaration of candidacy and continuing through the day before the day on
420 which the lieutenant governor makes the certification described in Section [
421 20A-9-701, the party's candidate:
422 (i) dies;
423 (ii) resigns because of acquiring a physical or mental disability as certified by a
424 physician;
425 (iii) is disqualified by an election officer for improper filing or nominating procedures;
426 or
427 (iv) resigns to become a candidate for president or vice president of the United States;
428 or
429 (c) for a registered political party with a candidate certified as winning a primary
430 election, after the deadline described in Subsection (1)(a) and continuing through the day
431 before that day on which the lieutenant governor makes the certification described in Section
432 [
433 (i) dies;
434 (ii) resigns because of acquiring a physical or mental disability as certified by a
435 physician;
436 (iii) is disqualified by an election officer for improper filing or nominating procedures;
437 or
438 (iv) resigns to become a candidate for president or vice president of the United States.
439 (2) If no more than two candidates from a political party have filed a declaration of
440 candidacy for an office elected at a regular general election and one resigns to become the party
441 candidate for another position, the state central committee of that political party, for candidates
442 for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
443 legislative candidates whose legislative districts encompass more than one county, and the
444 county central committee of that political party, for all other party candidates, may certify the
445 name of another candidate to the appropriate election officer.
446 (3) Each replacement candidate shall file a declaration of candidacy as required by
447 Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
448 (4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
449 deadline described in Subsection (1)(a) may not appear on the primary election ballot.
450 (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
451 described in Subsection (1)(b) may not appear on the general election ballot.
452 (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
453 described in Subsection (1)(c) may not appear on the general election ballot.
454 (5) A political party may not replace a candidate who is disqualified for failure to
455 timely file a campaign disclosure financial report under Title 20A, Chapter 11, Campaign and
456 Financial Reporting Requirements, or Section 17-16-6.5.
457 Section 3. Section 20A-1-503 is amended to read:
458 20A-1-503. Midterm vacancies in the Legislature.
459 (1) As used in this section:
460 (a) "Filing deadline" means the final date for filing:
461 (i) a declaration of candidacy as provided in Section 20A-9-202; and
462 (ii) a certificate of nomination as provided in Section 20A-9-503.
463 (b) "Party liaison" means the political party officer designated to serve as a liaison with
464 the lieutenant governor on all matters relating to the political party's relationship with the state
465 as required by Section 20A-8-401.
466 (2) When a vacancy occurs for any reason in the office of representative in the
467 Legislature, the governor shall fill the vacancy by immediately appointing the person whose
468 name was submitted by the party liaison of the same political party as the prior representative.
469 (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
470 the office of senator in the Legislature, [
471 the next regular general election.
472 (b) The governor shall fill the vacancy until the next regular general election by
473 immediately appointing the person whose name was submitted by the party liaison of the same
474 political party as the prior senator.
475 (4) (a) [
476 vacancy described in Subsection (3)(a) occurs after [
477
478 days before the day on which the lieutenant governor certifies candidates for the regular general
479 election ballot under Section 20A-9-701, the lieutenant governor shall:
480 (i) establish a date, which is before the date for a candidate to be certified for the ballot
481 under Section 20A-9-701 and no later than 21 days after the day on which the vacancy
482 occurred, by which a person intending to obtain a position on the ballot for the vacant office
483 shall file:
484 (A) a declaration of candidacy; or
485 (B) a certificate of nomination; and
486 (ii) give notice of the vacancy and the date described in Subsection (4)(a)(i):
487 (A) on the lieutenant governor's website; and
488 (B) to each registered political party.
489 (b) A person intending to obtain a position on the ballot for the vacant office shall:
490 (i) by the date specified in Subsection (4)(a)(i), file a declaration of candidacy or
491 certificate of nomination according to the procedures and requirements of Chapter 9, Candidate
492 Qualifications and Nominating Procedures; and
493 (ii) run in the regular general election if:
494 (A) nominated as a party candidate; or
495 (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
496 Qualifications and Nominating Procedures.
497 (c) If a vacancy described in Subsection (3)(a) occurs on or after the first Monday after
498 the third Saturday in April and before August 31 of an even-numbered year in which the term
499 of office does not expire, a party liaison from each registered political party may submit a name
500 of a person described in Subsection (4)(b) to the lieutenant governor by August 30 for
501 placement on the regular general election ballot.
502 (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
503 even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
504 unexpired term by immediately appointing the person whose name was submitted by the party
505 liaison of the same political party as the prior senator.
506 Section 4. Section 20A-1-509.1 is amended to read:
507 20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15
508 or more attorneys.
509 (1) When a vacancy occurs in the office of county or district attorney in a county or
510 district having 15 or more attorneys who are licensed active members in good standing with the
511 Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
512 (2) (a) The requirements of this Subsection (2) apply when:
513 (i) the office of county attorney or district attorney becomes vacant [
514 [
515 [
516 an even-numbered year.
517 (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
518 notify the public and each registered political party that the vacancy exists.
519 (c) All persons intending to become candidates for the vacant office shall:
520 (i) file a declaration of candidacy according to the procedures and requirements of
521 Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
522 (ii) if nominated as a party candidate or qualified as an independent or write-in
523 candidate under Chapter 9, Candidate Qualifications and Nominating Procedures, run in the
524 regular general election; and
525 (iii) if elected, complete the unexpired term of the person who created the vacancy.
526 [
527
528
529
530 (3) (a) The requirements of this Subsection (3) apply when:
531 (i) the office of county attorney or district attorney becomes vacant [
532 [
533 [
534 even-numbered year but more than 75 days before the regular primary election.
535 (b) When the conditions established in Subsection (3)(a) are met, the county clerk
536 shall:
537 (i) notify the public and each registered political party that the vacancy exists; and
538 (ii) identify the date and time by which a person interested in becoming a candidate
539 shall file a declaration of candidacy.
540 (c) All persons intending to become candidates for the vacant office shall:
541 (i) within five days after the date that the notice is made, ending at the close of normal
542 office hours on the fifth day, file a declaration of candidacy for the vacant office as required by
543 Chapter 9, Part 2, Candidate Qualifications and Declaration of Candidacy; and
544 (ii) if elected, complete the unexpired term of the person who created the vacancy.
545 (d) The county central committee of each party shall:
546 (i) select a candidate or candidates from among those qualified candidates who have
547 filed declarations of candidacy; and
548 (ii) certify the name of the candidate or candidates to the county clerk at least 60 days
549 before the regular primary election.
550 (4) (a) The requirements of this Subsection (4) apply when:
551 (i) the office of county attorney or district attorney becomes vacant [
552 [
553 [
554 days remain before the regular general election.
555 (b) When the conditions established in Subsection (4)(a) are met, the county central
556 committees of each registered political party that wish to submit a candidate for the office shall
557 summarily certify the name of one candidate to the county clerk for placement on the regular
558 general election ballot.
559 (c) The candidate elected shall complete the unexpired term of the person who created
560 the vacancy.
561 (5) (a) The requirements of this Subsection (5) apply when:
562 (i) the office of county attorney or district attorney becomes vacant; and[
563 [
564 [
565 less remain before the next regular general election.
566 (b) When the conditions established in Subsection (5)(a) are met, the county legislative
567 body shall give notice of the vacancy to the county central committee of the same political
568 party of the prior officeholder and invite that committee to submit the names of three nominees
569 to fill the vacancy.
570 (c) That county central committee shall, within 30 days of receiving notice from the
571 county legislative body, submit to the county legislative body the names of three nominees to
572 fill the vacancy.
573 (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint
574 one of those nominees to serve out the unexpired term.
575 (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
576 days, the county clerk shall send to the governor a letter that:
577 (i) informs the governor that the county legislative body has failed to appoint a person
578 to fill the vacancy within the statutory time period; and
579 (ii) contains the list of nominees submitted by the party central committee.
580 (f) The governor shall appoint a person to fill the vacancy from that list of nominees
581 within 30 days after receipt of the letter.
582 (g) A person appointed to fill the vacancy under Subsection (5) shall complete the
583 unexpired term of the person who created the vacancy.
584 (6) Nothing in this section prevents or prohibits independent candidates from filing a
585 declaration of candidacy for the office within the required time limits.
586 Section 5. Section 20A-4-301 is amended to read:
587 20A-4-301. Board of canvassers.
588 (1) (a) Each county legislative body is the board of county canvassers for:
589 (i) the county; and
590 (ii) each local district whose election is conducted by the county if:
591 (A) the election relates to the creation of the local district;
592 (B) the county legislative body serves as the governing body of the local district; or
593 (C) there is no duly constituted governing body of the local district.
594 (b) The board of county canvassers shall meet to canvass the returns at the usual place
595 of meeting of the county legislative body[
596 (i) for a runoff election, seven days after the runoff election; or
597 (ii) for an election other than a runoff election, at a date and time determined by the
598 county clerk that is no sooner than seven days after the election and no later than 14 days after
599 the election.
600 (c) If one or more of the county legislative body fails to attend the meeting of the board
601 of county canvassers, the remaining members shall replace the absent member by appointing in
602 the order named:
603 (i) the county treasurer;
604 (ii) the county assessor; or
605 (iii) the county sheriff.
606 (d) Attendance of the number of persons equal to a simple majority of the county
607 legislative body, but not less than three persons, shall constitute a quorum for conducting the
608 canvass.
609 (e) The county clerk is the clerk of the board of county canvassers.
610 (2) (a) The mayor and the municipal legislative body are the board of municipal
611 canvassers for the municipality.
612 (b) The board of municipal canvassers shall meet to canvass the returns at the usual
613 place of meeting of the municipal legislative body:
614 (i) for canvassing of returns from a municipal general election, no sooner than seven
615 days after the election and no later than 14 days after the election; or
616 (ii) for canvassing of returns from a municipal primary election, no sooner than seven
617 days after the election and no later than 14 days after the election.
618 (c) Attendance of a simple majority of the municipal legislative body shall constitute a
619 quorum for conducting the canvass.
620 (3) (a) The legislative body of the entity authorizing a bond election is the board of
621 canvassers for each bond election.
622 (b) The board of canvassers for the bond election shall comply with the canvassing
623 procedures and requirements of Section 11-14-207.
624 (c) Attendance of a simple majority of the legislative body of the entity authorizing a
625 bond election shall constitute a quorum for conducting the canvass.
626 Section 6. Section 20A-4-304 is amended to read:
627 20A-4-304. Declaration of results -- Canvassers' report.
628 (1) Each board of canvassers shall:
629 (a) except as provided in Subsection (1)(b), declare "elected" or "nominated" those
630 persons who:
631 (i) had the highest number of votes; and
632 (ii) sought election or nomination to an office completely within the board's
633 jurisdiction;
634 (b) for a regular primary election race where a runoff election is required, determine
635 the number of votes received by each candidate for the purpose of determining the candidates
636 who will participate in a runoff election;
637 [
638 (i) "approved" those ballot propositions that:
639 (A) had more "yes" votes than "no" votes; and
640 (B) were submitted only to the voters within the board's jurisdiction;
641 (ii) "rejected" those ballot propositions that:
642 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
643 votes; and
644 (B) were submitted only to the voters within the board's jurisdiction;
645 [
646 were submitted to voters within and beyond the board's jurisdiction and transmit those vote
647 totals to the lieutenant governor; and
648 [
649 district clerk.
650 (2) (a) As soon as the result is declared, the election officer shall prepare a report of the
651 result, which shall contain:
652 (i) the total number of votes cast in the board's jurisdiction;
653 (ii) the names of each candidate whose name appeared on the ballot;
654 (iii) the title of each ballot proposition that appeared on the ballot;
655 (iv) each office that appeared on the ballot;
656 (v) from each voting precinct:
657 (A) the number of votes for each candidate; and
658 (B) the number of votes for and against each ballot proposition;
659 (vi) the total number of votes given in the board's jurisdiction to each candidate, and
660 for and against each ballot proposition;
661 (vii) the number of ballots that were rejected; and
662 (viii) a statement certifying that the information contained in the report is accurate.
663 (b) The election officer and the board of canvassers shall:
664 (i) review the report to ensure that it is correct; and
665 (ii) sign the report.
666 (c) The election officer shall:
667 (i) record or file the certified report in a book kept for that purpose;
668 (ii) prepare and transmit a certificate of nomination or election under the officer's seal
669 to each nominated or elected candidate;
670 (iii) publish a copy of the certified report:
671 (A) in one or more conspicuous places within the jurisdiction;
672 (B) in a conspicuous place on the county's website; and
673 (C) in a newspaper with general circulation in the board's jurisdiction; and
674 (iv) file a copy of the certified report with the lieutenant governor.
675 (3) When there has been a regular general or a statewide special election for statewide
676 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
677 or more county ballot proposition, each board of canvassers shall:
678 (a) prepare a separate report detailing the number of votes for each candidate and the
679 number of votes for and against each ballot proposition; and
680 (b) transmit it by registered mail to the lieutenant governor.
681 (4) In each county election, municipal election, school election, local district election,
682 and local special election, the election officer shall transmit the reports to the lieutenant
683 governor within 14 days after the date of the election.
684 (5) In regular primary elections and in the Western States Presidential Primary, the
685 board shall transmit to the lieutenant governor:
686 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
687 governor:
688 (i) not later than the second Tuesday after the primary election for the regular primary
689 election; and
690 (ii) not later than the Tuesday following the election for the Western States Presidential
691 Primary; and
692 (b) a complete tabulation showing voting totals for all primary races, precinct by
693 precinct, [
694 more than 14 days after the primary election.
695 Section 7. Section 20A-4-306 is amended to read:
696 20A-4-306. Statewide canvass.
697 (1) (a) The state board of canvassers shall convene:
698 (i) on the fourth Monday of November, at noon; or
699 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
700 returns of a statewide special election.
701 (b) The state auditor, the state treasurer, and the attorney general are the state board of
702 canvassers.
703 (c) Attendance of all members of the state board of canvassers shall be required to
704 constitute a quorum for conducting the canvass.
705 (2) (a) The state board of canvassers shall:
706 (i) meet in the lieutenant governor's office; and
707 (ii) compute and determine the vote for officers and for and against any ballot
708 propositions voted upon by the voters of the entire state or of two or more counties.
709 (b) The lieutenant governor, as secretary of the board shall file a report in his office
710 that details:
711 (i) for each statewide officer and ballot proposition:
712 (A) the name of the statewide office or ballot proposition that appeared on the ballot;
713 (B) the candidates for each statewide office whose names appeared on the ballot, plus
714 any recorded write-in candidates;
715 (C) the number of votes from each county cast for each candidate and for and against
716 each ballot proposition;
717 (D) the total number of votes cast statewide for each candidate and for and against each
718 ballot proposition; and
719 (E) the total number of votes cast statewide; and
720 (ii) for each officer or ballot proposition voted on in two or more counties:
721 (A) the name of each of those offices and ballot propositions that appeared on the
722 ballot;
723 (B) the candidates for those offices, plus any recorded write-in candidates;
724 (C) the number of votes from each county cast for each candidate and for and against
725 each ballot proposition; and
726 (D) the total number of votes cast for each candidate and for and against each ballot
727 proposition.
728 (c) The lieutenant governor shall:
729 (i) prepare certificates of election for:
730 (A) each successful candidate; and
731 (B) each of the presidential electors of the candidate for president who received a
732 majority of the votes;
733 (ii) authenticate each certificate with his seal; and
734 (iii) deliver a certificate of election to:
735 (A) except as otherwise required for a runoff election, each candidate who had the
736 highest number of votes for each office; and
737 (B) each of the presidential electors of the candidate for president who received a
738 majority of the votes.
739 (3) If the lieutenant governor has not received election returns from all counties on the
740 fifth day before the day designated for the meeting of the state board of canvassers, the
741 lieutenant governor shall:
742 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
743 county;
744 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
745 required by Section 20A-4-304 from the clerk; and
746 (c) pay the messenger the per diem provided by law as compensation.
747 (4) The state board of canvassers may not withhold the declaration of the result or any
748 certificate of election because of any defect or informality in the returns of any election if the
749 board can determine from the returns, with reasonable certainty, what office is intended and
750 who is elected to it.
751 (5) (a) At noon [
752 primary election, the lieutenant governor shall:
753 (i) canvass the returns for all statewide and multicounty candidates required to file with
754 the office of the lieutenant governor; [
755 (ii) publish and file the results of the canvass in the lieutenant governor's office[
756 (iii) certify the name of each candidate for a statewide or multicounty office that will
757 participate in a runoff election.
758 (b) [
759 regular primary election, the lieutenant governor shall certify the results of:
760 (i) the primary canvass, except for the office of President of the United States, to the
761 county clerks; and
762 (ii) the primary canvass for the office of President of the United States to each
763 registered political party that participated in the primary.
764 (c) For a regular primary election in which a runoff election is held, no later than nine
765 days after the day of the runoff election, the lieutenant governor shall certify the results of the
766 runoff election canvass to the county clerks.
767 (6) (a) At noon on the day that falls seven days after the last day on which a county
768 canvass may occur under Section 20A-4-301 for the Western States Presidential Primary
769 election, the lieutenant governor shall:
770 (i) canvass the returns; and
771 (ii) publish and file the results of the canvass in the lieutenant governor's office.
772 (b) The lieutenant governor shall certify the results of the Western States Presidential
773 Primary canvass to each registered political party that participated in the primary not later than
774 the April 15 after the primary election.
775 Section 8. Section 20A-4-401 is amended to read:
776 20A-4-401. Recounts -- Procedure.
777 (1) (a) Except as provided in Subsection (1)(b), for a race between candidates, if the
778 difference between the number of votes cast for a winning candidate in the race and a losing
779 candidate in the race is equal to or less than .25% of the total number of votes cast for all
780 candidates in the race, that losing candidate may file a request for a recount in accordance with
781 Subsection (1)(c).
782 (b) For a race between candidates where the total of all votes cast in the race is 400 or
783 less, if the difference between the number of votes cast for a winning candidate in the race and
784 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
785 in accordance with Subsection (1)(c).
786 (c) A candidate who files a request for a recount under Subsection (1)(a) or (b) shall
787 file the request:
788 (i) for a municipal primary election, with the municipal clerk, within [
789 one business day after the day of the canvass; or
790 (ii) for all other elections, within [
791 the canvass with:
792 (A) the municipal clerk, if the election is a municipal general election;
793 (B) the local district clerk, if the election is a local district election;
794 (C) the county clerk, for races voted on entirely within a single county; or
795 (D) the lieutenant governor, for statewide races and multicounty races.
796 (d) The election officer shall:
797 (i) supervise the recount;
798 (ii) recount all ballots cast for that race;
799 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
800 3, Absentee Voting;
801 (iv) except as provided in Subsection (1)(e), for a race where only one candidate may
802 win, declare elected the candidate who receives the highest number of votes on the recount;
803 and
804 (v) except as provided in Subsection (1)(e), for a race where multiple candidates may
805 win, declare elected the applicable number of candidates who receive the highest number of
806 votes on the recount.
807 (e) For a regular primary election race where a runoff election is required, the election
808 officer shall determine the number of votes received by each candidate for the purpose of
809 determining the candidates who will participate in the runoff election.
810 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
811 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
812 the total votes cast for or against the proposition, any 10 voters who voted in the election where
813 the proposition was on the ballot may file a request for a recount within [
814 business day after the day of the canvass with the person described in Subsection (2)(c).
815 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
816 against the proposition is 400 or less, if the difference between the number of votes cast for the
817 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
818 voted in the election where the proposition was on the ballot may file a request for a recount
819 within [
820 Subsection (2)(c).
821 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
822 file the request with:
823 (i) the municipal clerk, if the election is a municipal election;
824 (ii) the local district clerk, if the election is a local district election;
825 (iii) the county clerk, for propositions voted on entirely within a single county; or
826 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
827 (d) The election officer shall:
828 (i) supervise the recount;
829 (ii) recount all ballots cast for that ballot proposition or bond proposition;
830 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
831 3, Absentee Voting; and
832 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
833 based upon the results of the recount.
834 (e) Proponents and opponents of the ballot proposition or bond proposition may
835 designate representatives to witness the recount.
836 (f) The voters requesting the recount shall pay the costs of the recount.
837 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
838 person requesting the recount.
839 (4) (a) Upon completion of the recount, the election officer shall immediately convene
840 the board of canvassers.
841 (b) The board of canvassers shall:
842 (i) canvass the election returns for the race or proposition that was the subject of the
843 recount; and
844 (ii) with the assistance of the election officer, prepare and sign the report required by
845 Section 20A-4-304 or Section 20A-4-306.
846 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
847 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
848 governor as required by Subsection 20A-4-304(3).
849 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
850 result of the race or proposition that is the subject of the recount.
851 Section 9. Section 20A-4-403 is amended to read:
852 20A-4-403. Election contest -- Petition and response.
853 (1) (a) In contesting the results of all elections, except for primary elections and bond
854 elections, a registered voter shall contest the right of any person declared elected to any office
855 by filing a verified written complaint with the district court of the county in which [
856 registered voter resides within [
857 (b) The complaint shall include:
858 (i) the name of the party contesting the election;
859 (ii) a statement that the party is a registered voter in the jurisdiction in which the
860 election was held;
861 (iii) the name of the person whose right to the office is contested;
862 (iv) the office to which that person was ostensibly elected;
863 (v) one or more of the grounds for an election contest specified in Section 20A-4-402;
864 (vi) the person who was purportedly elected to the office as respondent; and
865 (vii) if the reception of illegal votes or the rejection of legal votes is alleged as a
866 ground for the contest, the name and address of all persons who allegedly cast illegal votes or
867 whose legal vote was rejected.
868 (c) When the reception of illegal votes or the rejection of legal votes is alleged as a
869 cause of contest, it is sufficient to state generally that:
870 (i) illegal votes were given in one or more specified voting precincts to a person whose
871 election is contested, which, if taken from him, would reduce the number of his legal votes
872 below the number of legal votes given to some other person for the same office; or
873 (ii) that legal votes for another person were rejected, which, if counted, would raise the
874 number of legal votes for that person above the number of legal votes cast for the person whose
875 election is contested.
876 (d) (i) The court may not take or receive evidence of any of the votes described in
877 Subsection (1)(c) unless the party contesting the election delivers to the opposite party, at least
878 three days before the trial, a written list of the number of contested votes and by whom the
879 contested votes were given or offered, which he intends to prove at trial.
880 (ii) The court may not take or receive any evidence of contested votes except those that
881 are specified in that list.
882 (2) (a) In contesting the results of a primary election, when contesting the petition
883 nominating an independent candidate, or when challenging any person, election officer,
884 election official, board, or convention for failing to nominate a person, a registered voter shall
885 contest the right of any person declared nominated to any office by filing a verified written
886 complaint within [
887 after the date of filing of the petition, or after the [
888 with:
889 (i) the district court of the county in which [
890 registered voter is contesting a nomination made only by voters from that county; or
891 (ii) the Utah Supreme Court, if [
892 made by voters in more than one county.
893 (b) The complaint shall include:
894 (i) the name of the party contesting the nomination;
895 (ii) a statement that the contesting party is a registered voter in the jurisdiction in which
896 the election was held;
897 (iii) the name of the person whose right to nomination is contested or the name of the
898 person who failed to have their name placed in nomination;
899 (iv) the office to which that person was nominated or should have been nominated;
900 (v) one or more of the grounds for an election contest specified in Subsection (1);
901 (vi) the person who was purportedly nominated to the office as respondent; and
902 (vii) if the reception of illegal votes or the rejection of legal votes is alleged as a
903 ground for the contest, the name and address of all persons who allegedly cast illegal votes or
904 whose legal vote was rejected.
905 (c) When the reception of illegal votes or the rejection of legal votes is alleged as a
906 cause of contest, it is sufficient to state generally that:
907 (i) illegal votes were given to a person whose election is contested, which, if taken
908 from [
909 number of legal votes given to some other person for the same office; or
910 (ii) legal votes for another person were rejected, which, if counted, would raise the
911 number of legal votes for that person above the number of legal votes cast for the person whose
912 election is contested.
913 (d) (i) The court may not take or receive evidence of any the votes described in
914 Subsection (2)(c), unless the party contesting the election delivers to the opposite party, at least
915 three days before the trial, a written list of the number of contested votes and by whom the
916 contested votes were given or offered, which he intends to prove at trial.
917 (ii) The court may not take or receive any evidence of contested votes except those that
918 are specified in that list.
919 (3) (a) In contesting the results of a bond election, a registered voter shall contest the
920 validity of the declared results by filing a verified written complaint with the district court of
921 the county in which [
922 of the official finding entered under Section 11-14-207.
923 (b) The complaint shall include:
924 (i) the name of the party contesting the election;
925 (ii) a statement that the party is a registered voter in the jurisdiction in which the
926 election was held;
927 (iii) the bond proposition that is the subject of the contest;
928 (iv) one or more of the grounds for an election contest specified in Section 20A-4-402;
929 and
930 (v) if the reception of illegal votes or the rejection of legal votes is alleged as a ground
931 for the contest, the name and address of all persons who allegedly cast illegal votes or whose
932 legal vote was rejected.
933 (c) When the reception of illegal votes or the rejection of legal votes is alleged as a
934 cause of contest, it is sufficient to state generally that:
935 (i) illegal votes were counted in one or more specified voting precincts which, if taken
936 out of the count, would change the declared result of the vote on the proposition; or
937 (ii) legal votes were rejected in one or more specified voting precincts, which, if
938 counted, would change the declared result of the vote on the proposition.
939 (d) (i) The court may not take or receive evidence of any of the votes described in
940 Subsection (3)(c) unless the party contesting the election delivers to the opposite party, at least
941 three days before the trial, a written list of the number of contested votes and by whom the
942 contested votes were given or offered, which he intends to prove at trial.
943 (ii) The court may not take or receive any evidence of contested votes except those that
944 are specified in that list.
945 (4) The court may not reject any statement of the grounds of contest or dismiss the
946 proceedings because of lack of form, if the grounds of the contest are alleged with such
947 certainty as will advise the defendant of the particular proceeding or cause for which the
948 election is contested.
949 (5) (a) The petitioner shall serve a copy of the petition on the respondent.
950 (b) (i) If the petitioner cannot obtain personal service of the petition on the respondent,
951 the petitioner may serve the respondent by leaving a copy of the petition with the clerk of the
952 court with which the petition was filed.
953 (ii) The clerk shall make diligent inquiry and attempt to inform the respondent that he
954 has five days to answer the complaint.
955 (c) The respondent shall answer the petition within five days after the service.
956 (d) If the reception of illegal votes or the rejection of legal votes is alleged as a ground
957 for the contest, the defendant shall set forth in the answer the name and address of all persons
958 whom the defendant believes were properly or improperly admitted or denied the vote.
959 (e) If the answer contains a counterclaim, the petitioner shall file a reply within [
960 seven days after service of the counterclaim.
961 (6) (a) The provisions of this Subsection (6) provide additional requirements that apply
962 to municipal election contests that are in addition to the other requirements of this section
963 governing election contest.
964 (b) Municipal election contests shall be filed, tried, and determined in the district court
965 of the county in which the municipality is located.
966 (c) (i) [
967 the petitioner shall file a written affidavit [
968 the court within seven days after the votes are canvassed.
969 (ii) The affidavit shall include:
970 (A) the petitioner's name;
971 (B) the fact that the petitioner is a qualified voter of the municipality;
972 (C) the respondent's name;
973 (D) the elective office contested;
974 (E) the time of election; and
975 (F) the grounds for the contest.
976 (d) (i) Before the district court takes jurisdiction of a municipal election contest, the
977 petitioner shall file a bond with the clerk of the court with the sureties required by the court.
978 (ii) The bond shall name the respondent as obligee and be conditioned for the payment
979 of all costs incurred by the respondent if the respondent prevails.
980 Section 10. Section 20A-5-303 is amended to read:
981 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
982 Common polling places -- Combined voting precincts.
983 (1) (a) After receiving recommendations from the county clerk, the county legislative
984 body may establish, divide, abolish, and change voting precincts.
985 (b) Within 30 days after the establishment, division, abolition, or change of a voting
986 precinct under this section, the county legislative body shall file with the Automated
987 Geographic Reference Center, created under Section 63F-1-506, a notice describing the action
988 taken and specifying the resulting boundaries of each voting precinct affected by the action.
989 (2) (a) The county legislative body shall alter or divide voting precincts so that each
990 voting precinct contains not more than 1,250 active voters.
991 (b) The county legislative body shall:
992 (i) identify those precincts that may reach the limit of active voters in a precinct under
993 Subsection (2)(a) or that becomes too large to facilitate the election process; and
994 (ii) except as provided by Subsection (3), divide those precincts on or before January 1
995 of a general election year.
996 (3) A county legislative body shall divide a precinct identified under Subsection
997 (2)(b)(i) on or before January 31 of a regular general election year that immediately follows the
998 calendar year in which the Legislature divides the state into districts in accordance with Utah
999 Constitution, Article IX, Section 1.
1000 (4) Notwithstanding Subsection (2)(a) and except as provided by Subsection (5), the
1001 county legislative body may not:
1002 (a) establish or abolish any voting precinct after January 1 of a regular general election
1003 year;
1004 (b) alter or change the boundaries of any voting precinct after January 1 of a regular
1005 general election year; or
1006 (c) establish, divide, abolish, alter, or change a voting precinct between January 1 of a
1007 year immediately preceding the year in which an enumeration is required by the United States
1008 Constitution and the day on which the Legislature divides the state into districts in accordance
1009 with Utah Constitution, Article IX, Section 1.
1010 (5) A county legislative body may establish, divide, abolish, alter, or change a voting
1011 precinct on or before January 31 of a regular general election year that immediately follows the
1012 calendar year in which the Legislature divides the state into districts in accordance with Utah
1013 Constitution, Article IX, Section 1.
1014 (6) (a) For the purpose of voting in an election, including a runoff election, the county
1015 legislative body may establish a common polling place for two or more whole voting precincts.
1016 (b) [
1017 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by
1018 the director of elections within the Office of the Lieutenant Governor, the county legislative
1019 body shall designate:
1020 (i) the voting precincts that will vote at the common polling place; and
1021 (ii) the location of the common polling place.
1022 (c) A county may use one set of election judges for the common polling place under
1023 this Subsection (6).
1024 (7) Each county shall have at least two polling places open for voting on the date of the
1025 election and the date of a runoff election.
1026 (8) Each common polling place shall have at least one voting device that is accessible
1027 for individuals with disabilities in accordance with Public Law 107-252, the Help America
1028 Vote Act of 2002.
1029 Section 11. Section 20A-7-702 is amended to read:
1030 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
1031 (1) The lieutenant governor shall ensure that all information submitted for publication
1032 in the voter information pamphlet is:
1033 (a) printed and bound in a single pamphlet;
1034 (b) printed in clear readable type, no less than 10 point, except that the text of any
1035 measure may be set forth in eight-point type; and
1036 (c) printed on a quality and weight of paper that best serves the voters.
1037 (2) [
1038 following items in this order:
1039 (a) a cover title page;
1040 (b) an introduction to the pamphlet by the lieutenant governor;
1041 (c) a table of contents;
1042 (d) a list of all candidates for constitutional offices;
1043 (e) a list of candidates for each legislative district;
1044 (f) a 100-word statement of qualifications for each candidate for the office of governor,
1045 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
1046 candidate to the lieutenant governor's office before 5 p.m. on [
1047
1048 (g) information pertaining to all measures to be submitted to the voters, beginning a
1049 new page for each measure and containing, in the following order for each measure:
1050 (i) a copy of the number and ballot title of the measure;
1051 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
1052 the Legislature or by referendum;
1053 (iii) the impartial analysis of the measure prepared by the Office of Legislative
1054 Research and General Counsel;
1055 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
1056 measure, the arguments against the measure, and the rebuttal to the arguments against the
1057 measure, with the name and title of the authors at the end of each argument or rebuttal;
1058 (v) for each constitutional amendment, a complete copy of the text of the constitutional
1059 amendment, with all new language underlined, and all deleted language placed within brackets;
1060 (vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
1061 lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
1062 20A-7-202.5; and
1063 (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
1064 being submitted to the voters for their approval or rejection, with all new language underlined
1065 and all deleted language placed within brackets, as applicable;
1066 (h) a description provided by the Judicial Performance Evaluation Commission of the
1067 selection and retention process for judges, including, in the following order:
1068 (i) a description of the judicial selection process;
1069 (ii) a description of the judicial performance evaluation process;
1070 (iii) a description of the judicial retention election process;
1071 (iv) a list of the criteria of the judicial performance evaluation and the minimum
1072 performance standards;
1073 (v) the names of the judges standing for retention election; and
1074 (vi) for each judge:
1075 (A) a list of the counties in which the judge is subject to retention election;
1076 (B) a short biography of professional qualifications and a recent photograph;
1077 (C) a narrative concerning the judge's performance;
1078 (D) for each standard of performance, a statement identifying whether or not the judge
1079 met the standard and, if not, the manner in which the judge failed to meet the standard;
1080 (E) a statement identifying whether or not the Judicial Performance Evaluation
1081 Commission recommends the judge be retained or declines to make a recommendation and the
1082 number of votes for and against the commission's recommendation;
1083 (F) any statement provided by a judge who is not recommended for retention by the
1084 Judicial Performance Evaluation Commission under Section 78A-12-203;
1085 (G) in a bar graph, the average of responses to each survey category, displayed with an
1086 identification of the minimum acceptable score as set by Section 78A-12-205 and the average
1087 score of all judges of the same court level; and
1088 (H) a website address that contains the Judicial Performance Evaluation Commission's
1089 report on the judge's performance evaluation;
1090 (i) for each judge, a statement provided by the Utah Supreme Court identifying the
1091 cumulative number of informal reprimands, when consented to by the judge in accordance with
1092 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
1093 censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
1094 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
1095 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
1096 that the judge has received;
1097 (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
1098 indicating the ballot marking procedure used by each county and explaining how to mark the
1099 ballot for each procedure;
1100 (k) voter registration information, including information on how to obtain an absentee
1101 ballot;
1102 (l) a list of all county clerks' offices and phone numbers; and
1103 (m) on the back cover page, a printed copy of the following statement signed by the
1104 lieutenant governor:
1105 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
1106 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
1107 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
1108 correct according to law.
1109 SEAL
1110 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
1111 of ____ (month), ____ (year)
1112
(signed) ____________________________________
1113
Lieutenant Governor"
1114 (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
1115 commences, the lieutenant governor shall:
1116 (a) (i) distribute one copy of the voter information pamphlet to each household within
1117 the state;
1118 (ii) distribute to each household within the state a notice:
1119 (A) printed on a postage prepaid, preaddressed return form that a person may use to
1120 request delivery of a voter information pamphlet by mail;
1121 (B) that states the address of the Statewide Electronic Voter Information Website
1122 authorized by Section 20A-7-801; and
1123 (C) that states the phone number a voter may call to request delivery of a voter
1124 information pamphlet by mail; or
1125 (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
1126 every newspaper of general circulation in the state;
1127 (b) ensure that a sufficient number of printed voter information pamphlets are available
1128 for distribution as required by this section;
1129 (c) provide voter information pamphlets to each county clerk for free distribution upon
1130 request and for placement at polling places; and
1131 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
1132 before the election.
1133 (4) The lieutenant governor may distribute a voter information pamphlet at a location
1134 frequented by a person who cannot easily access the Statewide Electronic Voter Information
1135 Website authorized by Section 20A-7-801.
1136 (5) If, when the lieutenant governor submits the voter information pamphlet for
1137 printing, the candidates who will appear on the ballot for a particular race are not known, the
1138 lieutenant governor may include in the voter information pamphlet the name and qualification
1139 statement of each candidate who may appear on the ballot together with a statement indicating:
1140 (a) that, at the time of printing, the names of the candidates who would appear on the
1141 ballot for that race were not known; and
1142 (b) the website where a voter may view the list of candidates who will appear on the
1143 ballot for that race.
1144 Section 12. Section 20A-7-801 is amended to read:
1145 20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
1146 the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
1147 Frequently asked voter questions -- Other elections.
1148 (1) There is established the Statewide Electronic Voter Information Website Program
1149 administered by the lieutenant governor in cooperation with the county clerks for general
1150 elections and municipal authorities for municipal elections.
1151 (2) In accordance with this section, and as resources become available, the lieutenant
1152 governor, in cooperation with county clerks, shall develop, establish, and maintain a
1153 state-provided Internet website designed to help inform the voters of the state of:
1154 (a) the offices and candidates up for election; and
1155 (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
1156 of ballot propositions submitted to the voters.
1157 (3) Except as provided under Subsection (6), the website shall include:
1158 (a) all information currently provided in the Utah voter information pamphlet under
1159 Title 20A, Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared,
1160 analyzed, and submitted by the Judicial Council describing the judicial selection and retention
1161 process;
1162 (b) all information submitted by election officers under Subsection (4) on local office
1163 races, local office candidates, and local ballot propositions;
1164 (c) a list that contains the name of a political subdivision that operates an election day
1165 voting center under Section 20A-3-703 and the location of the election day voting center;
1166 (d) other information determined appropriate by the lieutenant governor that is
1167 currently being provided by law, rule, or ordinance in relation to candidates and ballot
1168 questions; and
1169 (e) any differences in voting method, time, or location designated by the lieutenant
1170 governor under Subsection 20A-1-308(2).
1171 (4) (a) An election official shall submit the following information for each ballot label
1172 under the election official's direct responsibility under this title:
1173 (i) a list of all candidates for each office;
1174 (ii) if submitted by the candidate to the election official's office at 5 p.m. at least [
1175 28 days before [
1176 (A) a statement of qualifications, not exceeding 200 words in length, for each
1177 candidate;
1178 (B) the following current biographical information if desired by the candidate, current:
1179 (I) age;
1180 (II) occupation;
1181 (III) city of residence;
1182 (IV) years of residence in current city; and
1183 (V) email address; and
1184 (C) a single web address where voters may access more information about the
1185 candidate and the candidate's views; and
1186 (iii) factual information pertaining to all ballot propositions submitted to the voters,
1187 including:
1188 (A) a copy of the number and ballot title of each ballot proposition;
1189 (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
1190 vote was required to place the ballot proposition on the ballot;
1191 (C) a complete copy of the text of each ballot proposition, with all new language
1192 underlined and all deleted language placed within brackets; and
1193 (D) other factual information determined helpful by the election official.
1194 (b) The information under Subsection (4)(a) shall be submitted to the lieutenant
1195 governor no later than one business day after the deadline under Subsection (4)(a) for each
1196 general election year and each municipal election year.
1197 (c) The lieutenant governor shall:
1198 (i) review the information submitted under this section, to determine compliance under
1199 this section, prior to placing it on the website;
1200 (ii) refuse to post information submitted under this section on the website if it is not in
1201 compliance with the provisions of this section; and
1202 (iii) organize, format, and arrange the information submitted under this section for the
1203 website.
1204 (d) The lieutenant governor may refuse to include information the lieutenant governor
1205 determines is not in keeping with:
1206 (i) Utah voter needs;
1207 (ii) public decency; or
1208 (iii) the purposes, organization, or uniformity of the website.
1209 (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
1210 Subsection (5).
1211 (5) (a) A person whose information is refused under Subsection (4), and who is
1212 aggrieved by the determination, may appeal by submitting a written notice of appeal to the
1213 lieutenant governor within 10 business days after the date of the determination. A notice of
1214 appeal submitted under this Subsection (5)(a) shall contain:
1215 (i) a listing of each objection to the lieutenant governor's determination; and
1216 (ii) the basis for each objection.
1217 (b) The lieutenant governor shall review the notice of appeal and shall issue a written
1218 response within 10 business days after the notice of appeal is submitted.
1219 (c) An appeal of the response of the lieutenant governor shall be made to the district
1220 court, which shall review the matter de novo.
1221 (6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
1222 enter the voter's address information on the website to retrieve information on which offices,
1223 candidates, and ballot propositions will be on the voter's ballot at the next general election or
1224 municipal election.
1225 (b) The information on the website will anticipate and answer frequent voter questions
1226 including the following:
1227 (i) what offices are up in the current year for which the voter may cast a vote;
1228 (ii) who is running for what office and who is the incumbent, if any;
1229 (iii) what address each candidate may be reached at and how the candidate may be
1230 contacted;
1231 (iv) for partisan races only, what, if any, is each candidate's party affiliation;
1232 (v) what qualifications have been submitted by each candidate;
1233 (vi) where additional information on each candidate may be obtained;
1234 (vii) what ballot propositions will be on the ballot; and
1235 (viii) what judges are up for retention election.
1236 (7) As resources are made available and in cooperation with the county clerks, the
1237 lieutenant governor may expand the electronic voter information website program to include
1238 the same information as provided under this section for special elections and primary elections.
1239 Section 13. Section 20A-8-103 is amended to read:
1240 20A-8-103. Petition procedures -- Criminal penalty.
1241 (1) As used in this section, the proposed name or emblem of a registered political party
1242 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
1243 difference between the proposed name or emblem and any name or emblem currently being
1244 used by another registered political party.
1245 (2) To become a registered political party, an organization of registered voters that is
1246 not a continuing political party shall:
1247 (a) circulate a petition seeking registered political party status beginning no earlier than
1248 the date of the statewide canvass held after the last regular general election and ending no later
1249 than [
1250 general election will be held; and
1251 (b) file a petition with the lieutenant governor that is signed, with a holographic
1252 signature, by at least 2,000 registered voters on or before [
1253 year before the year in which a regular general election will be held.
1254 (3) The petition shall:
1255 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
1256 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
1257 blank for the purpose of binding;
1258 (c) contain the name of the political party and the words "Political Party Registration
1259 Petition" printed directly below the horizontal line;
1260 (d) contain the word "Warning" printed directly under the words described in
1261 Subsection (3)(c);
1262 (e) contain, to the right of the word "Warning," the following statement printed in not
1263 less than eight-point, single leaded type:
1264 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
1265 petition signature sheet with any name other than the person's own name or more than once for
1266 the same party or if the person is not registered to vote in this state and does not intend to
1267 become registered to vote in this state before the petition is submitted to the lieutenant
1268 governor.";
1269 (f) contain the following statement directly under the statement described in Subsection
1270 (3)(e):
1271 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
1272 Lieutenant Governor:
1273 We, the undersigned citizens of Utah, seek registered political party status for ____
1274 (name);
1275 Each signer says:
1276 I have personally signed this petition with a holographic signature;
1277 I am registered to vote in Utah or will register to vote in Utah before the petition is
1278 submitted to the lieutenant governor;
1279 I am or desire to become a member of the political party; and
1280 My street address is written correctly after my name."; and
1281 (g) be vertically divided into columns as follows:
1282 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
1283 headed with "For Office Use Only," and be subdivided with a light vertical line down the
1284 middle;
1285 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
1286 Name (must be legible to be counted)";
1287 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
1288 Registered Voter";
1289 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
1290 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1291 Code"; and
1292 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
1293 information is not required, but it may be used to verify your identity with voter registration
1294 records. If you choose not to provide it, your signature may not be certified as a valid signature
1295 if you change your address before petition signatures are certified or if the information you
1296 provide does not match your voter registration records.";
1297 (h) have a final page bound to one or more signature sheets that are bound together that
1298 contains the following printed statement:
1299 "Verification
1300 State of Utah, County of ____
1301 I, _______________, of ____, hereby state that:
1302 I am a Utah resident and am at least 18 years old;
1303 All the names that appear on the signature sheets bound to this page were signed by
1304 persons who professed to be the persons whose names appear on the signature sheets, and each
1305 of them signed the person's name on the signature sheets in my presence;
1306 I believe that each has printed and signed the person's name and written the person's
1307 street address correctly, and that each signer is registered to vote in Utah or will register to vote
1308 in Utah before the petition is submitted to the lieutenant governor.
1309 ______________________________________________________________________
1310 (Signature) (Residence Address) (Date)"; and
1311 (i) be bound to a cover sheet that:
1312 (i) identifies the political party's name, which may not exceed four words, and the
1313 emblem of the party;
1314 (ii) states the process that the organization will follow to organize and adopt a
1315 constitution and bylaws; and
1316 (iii) is signed by a filing officer, who agrees to receive communications on behalf of
1317 the organization.
1318 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the person in
1319 whose presence each signature sheet is signed:
1320 (a) is at least 18 years old;
1321 (b) meets the residency requirements of Section 20A-2-105; and
1322 (c) verifies each signature sheet by completing the verification bound to one or more
1323 signature sheets that are bound together.
1324 (5) A person may not sign the verification if the person signed a signature sheet bound
1325 to the verification.
1326 (6) The lieutenant governor shall:
1327 (a) determine whether the required number of voters appears on the petition;
1328 (b) review the proposed name and emblem to determine if they are "distinguishable"
1329 from the names and emblems of other registered political parties; and
1330 (c) certify the lieutenant governor's findings to the filing officer described in
1331 Subsection (3)(i)(iii) within 30 days of the filing of the petition.
1332 (7) (a) If the lieutenant governor determines that the petition meets the requirements of
1333 this section, and that the proposed name and emblem are distinguishable, the lieutenant
1334 governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
1335 prospective political party.
1336 (b) If the lieutenant governor finds that the name, emblem, or both are not
1337 distinguishable from the names and emblems of other registered political parties, the lieutenant
1338 governor shall notify the filing officer that the filing officer has seven days to submit a new
1339 name or emblem to the lieutenant governor.
1340 (8) A registered political party may not change its name or emblem during the regular
1341 general election cycle.
1342 (9) (a) It is unlawful for any person to:
1343 (i) knowingly sign a political party registration petition:
1344 (A) with any name other than the person's own name;
1345 (B) more than once for the same political party; or
1346 (C) if the person is not registered to vote in this state and does not intend to become
1347 registered to vote in this state before the petition is submitted to the lieutenant governor; or
1348 (ii) sign the verification of a political party registration petition signature sheet if the
1349 person:
1350 (A) does not meet the residency requirements of Section 20A-2-105;
1351 (B) has not witnessed the signing by those persons whose names appear on the political
1352 party registration petition signature sheet; or
1353 (C) knows that a person whose signature appears on the political party registration
1354 petition signature sheet is not registered to vote in this state and does not intend to become
1355 registered to vote in this state.
1356 (b) Any person violating this Subsection (9) is guilty of a class A misdemeanor.
1357 Section 14. Section 20A-9-202 is amended to read:
1358 20A-9-202. Declarations of candidacy for regular general elections.
1359 (1) (a) Each person seeking to become a candidate for an elective office that is to be
1360 filled at the next regular general election shall:
1361 (i) file a declaration of candidacy in person with the filing officer:
1362 (A) on or after the first business day following January 1 of the regular general election
1363 year[
1364 (B) on or before the fifth business day following January 1 of the regular general
1365 election year; and
1366 (C) if applicable, before the candidate circulates nomination petitions under Section
1367 20A-9-405; and
1368 (ii) pay the filing fee.
1369 (b) Each county clerk who receives a declaration of candidacy from a candidate for
1370 multicounty office shall transmit [
1371 candidacy to the lieutenant governor [
1372 [
1373 [
1374
1375 [
1376 attorney, or the office of president or vice president of the United States shall comply with the
1377 specific declaration of candidacy requirements established by this section.
1378 (2) (a) Each person intending to become a candidate for the office of district attorney
1379 within a multicounty prosecution district that is to be filled at the next regular general election
1380 shall:
1381 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
1382 creating the prosecution district:
1383 (A) on or after the first business day following January 1 of the regular general election
1384 year[
1385 (B) on or before the fifth business day following January 1 of the regular general
1386 election year; and
1387 (C) if applicable, before the candidate circulates nomination petitions under Section
1388 20A-9-405; and
1389 (ii) pay the filing fee.
1390 (b) The designated clerk shall provide to the county clerk of each county in the
1391 prosecution district a certified copy of each declaration of candidacy filed for the office of
1392 district attorney.
1393 (3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
1394 lieutenant governor candidate shall:
1395 (i) file a declaration of candidacy with the lieutenant governor;
1396 (ii) pay the filing fee; and
1397 (iii) submit a letter from a candidate for governor who has received certification for the
1398 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
1399 as a joint-ticket running mate.
1400 (b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
1401 lieutenant governor is disqualified, another candidate shall file to replace the disqualified
1402 candidate.
1403 (4) Each registered political party shall:
1404 (a) certify the names of [
1405 vice president of the United States to the lieutenant governor no later than August 31; or
1406 (b) provide written authorization for the lieutenant governor to accept the certification
1407 of candidates for president and vice president of the United States from the national office of
1408 the registered political party.
1409 (5) (a) A declaration of candidacy filed under this section is valid unless a written
1410 objection is filed with the clerk or lieutenant governor within five days after the last day for
1411 filing.
1412 (b) If an objection is made, the clerk or lieutenant governor shall:
1413 (i) mail or personally deliver notice of the objection to the affected candidate
1414 immediately; and
1415 (ii) decide any objection within 48 hours after it is filed.
1416 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
1417 problem by amending the declaration or petition within three days after the objection is
1418 sustained or by filing a new declaration within three days after the objection is sustained.
1419 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
1420 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
1421 by a district court if prompt application is made to the court.
1422 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1423 of its discretion, agrees to review the lower court decision.
1424 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
1425 filing a written affidavit with the clerk.
1426 (7) Except as provided in Subsection 20A-9-201(4)(b), notwithstanding a requirement
1427 in this section to file a declaration of candidacy in person, a person may designate an agent to
1428 file the form described in Subsection 20A-9-201(4) in person with the filing officer if:
1429 (a) the person is located outside the state during the filing period because:
1430 (i) of employment with the state or the United States; or
1431 (ii) the person is a member of:
1432 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1433 Coast Guard of the United States who is on active duty;
1434 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1435 commissioned corps of the National Oceanic and Atmospheric Administration of the United
1436 States; or
1437 (C) the National Guard on activated status;
1438 (b) the person communicates with the filing officer using an electronic device that
1439 allows the person and filing officer to see and hear each other; and
1440 (c) the person provides the filing officer with an email address to which the filing
1441 officer may send the copies described in Subsection 20A-9-201(3).
1442 Section 15. Section 20A-9-403 is amended to read:
1443 20A-9-403. Regular primary elections.
1444 (1) (a) Candidates for elective office that are to be filled at the next regular general
1445 election shall be nominated in a regular primary election by direct vote of the people in the
1446 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
1447 designated as regular primary election day. Nothing in this section shall affect a candidate's
1448 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
1449 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
1450 Section 20A-9-601.
1451 (b) Each registered political party that chooses to have the names of its candidates for
1452 elective office featured with party affiliation on the ballot at a regular general election shall
1453 comply with the requirements of this section and shall nominate its candidates for elective
1454 office in the manner prescribed in this section.
1455 (c) A filing officer may not permit an official ballot at a regular general election to be
1456 produced or used if the ballot denotes affiliation between a registered political party or any
1457 other political group and a candidate for elective office who was not nominated in the manner
1458 prescribed in this section or in Subsection 20A-9-202(4).
1459 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
1460 even-numbered year in which a regular general election will be held.
1461 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
1462 shall:
1463 (i) either declare their intent to participate in the next regular primary election or
1464 declare that the registered political party chooses not to have the names of its candidates for
1465 elective office featured on the ballot at the next regular general election; and
1466 (ii) if the registered political party participates in the upcoming regular primary
1467 election, identify one or more registered political parties whose members may vote for the
1468 registered political party's candidates and whether or not persons identified as unaffiliated with
1469 a political party may vote for the registered political party's candidates.
1470 (b) (i) A registered political party that is a continuing political party must file the
1471 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
1472 November [
1473 (ii) An organization that is seeking to become a registered political party under Section
1474 20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
1475 political party files the petition described in Section 20A-8-103.
1476 (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
1477 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
1478 office on the regular primary ballot of the registered political party listed on the declaration of
1479 candidacy only if the person is certified by the appropriate filing officer as having submitted a
1480 set of nomination petitions that was:
1481 (i) circulated and completed in accordance with Section 20A-9-405; and
1482 (ii) signed by at least two percent of the registered political party's members who reside
1483 in the political division of the office that the person seeks.
1484 (b) A candidate for elective office shall submit nomination petitions to the appropriate
1485 filing officer for verification and certification no later than 5 p.m. on the final day in March.
1486 Candidates may supplement their submissions at any time on or before the filing deadline.
1487 (c) The lieutenant governor shall determine for each elective office the total number of
1488 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
1489 of persons residing in each elective office's political division who have designated a particular
1490 registered political party on their voter registration forms as of November [
1491 odd-numbered year. The lieutenant governor shall publish this determination for each elective
1492 office no later than November [
1493 (d) The filing officer shall:
1494 (i) verify signatures on nomination petitions in a transparent and orderly manner;
1495 (ii) for all qualifying candidates for elective office who submitted nomination petitions
1496 to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
1497 the first Monday after the third Saturday in April;
1498 (iii) consider active and inactive voters eligible to sign nomination petitions;
1499 (iv) consider a person who signs a nomination petition a member of a registered
1500 political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
1501 political party as the person's party membership on the person's voter registration form; and
1502 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
1503 petition signatures, or use statistical sampling procedures to verify submitted nomination
1504 petition signatures pursuant to rules made under Subsection (3)(f).
1505 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
1506 lieutenant governor may appear on the regular primary ballot of a registered political party
1507 without submitting nomination petitions if the candidate files a declaration of candidacy and
1508 complies with Subsection 20A-9-202(3).
1509 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1510 director of elections, within the Office of the Lieutenant Governor, [
1511 (i) provide for the use of statistical sampling procedures that:
1512 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
1513 (B) reflect a bona fide effort to determine the validity of a candidate's entire
1514 submission, using widely recognized statistical sampling techniques; and
1515 (ii) provide for the transparent, orderly, and timely submission, verification, and
1516 certification of nomination petition signatures.
1517 (g) The county clerk shall:
1518 (i) review the declarations of candidacy filed by candidates for local boards of
1519 education to determine if more than two candidates have filed for the same seat;
1520 (ii) place the names of all candidates who have filed a declaration of candidacy for a
1521 local board of education seat on the nonpartisan section of the ballot if more than two
1522 candidates have filed for the same seat; and
1523 (iii) determine the order of the local board of education candidates' names on the ballot
1524 in accordance with Section 20A-6-305.
1525 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
1526 governor shall provide to the county clerks:
1527 (i) a list of the names of all candidates for federal, constitutional, multi-county, and
1528 county offices who have received certifications under Subsection (3), along with instructions
1529 on how those names shall appear on the primary-election ballot in accordance with Section
1530 20A-6-305; and
1531 (ii) a list of unopposed candidates for elective office who have been nominated by a
1532 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
1533 candidates from the primary-election ballot.
1534 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1535 joint-ticket running mates shall appear jointly on the primary-election ballot.
1536 (c) After the county clerk receives the certified list from the lieutenant governor under
1537 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1538 substantially the following form:
1539 "Notice is given that a primary election will be held Tuesday, June ____,
1540 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
1541 local school board positions listed on the primary ballot. The polling place for voting precinct
1542 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1543 Attest: county clerk."
1544 (5) (a) [
1545 other than presidential candidates, receiving the highest number of votes cast for each office at
1546 the regular primary election are nominated by their registered political party for that office or
1547 are nominated as a candidate for a nonpartisan local school board position.
1548 (b) [
1549 candidates, other than presidential candidates, are to be elected to the office at the regular
1550 general election, those party candidates equal in number to positions to be filled who receive
1551 the highest number of votes at the regular primary election are the nominees of their party for
1552 those positions.
1553 (c) A candidate who is unopposed for an elective office in the regular primary election
1554 of a registered political party is nominated by the party for that office without appearing on the
1555 primary ballot. A candidate is "unopposed" if no person other than the candidate has received a
1556 certification under Subsection (3) for the regular primary election ballot of the candidate's
1557 registered political party for a particular elective office.
1558 (6) Except as otherwise provided in Section 20A-9-409.5:
1559 (a) [
1560 other office that represents more than one county, the governor, lieutenant governor, and
1561 attorney general shall, at a public meeting called by the governor and in the presence of the
1562 candidates involved, select the nominee by lot cast in whatever manner the governor
1563 determines[
1564 (b) [
1565 district court judges of the district in which the county is located shall, at a public meeting
1566 called by the judges and in the presence of the candidates involved, select the nominee by lot
1567 cast in whatever manner the judges determine.
1568 (7) [
1569 providing all ballots, blanks, or other supplies to be used at any primary election provided for
1570 by this section, and all expenses necessarily incurred in the preparation for or the conduct of
1571 that primary election shall be paid out of the treasury of the county or state, in the same manner
1572 as for the regular general elections.
1573 (8) An individual may not file a declaration of candidacy for a registered political party
1574 of which the individual is not a member, except to the extent that the registered political party
1575 permits otherwise under the registered political party's bylaws.
1576 Section 16. Section 20A-9-406 is amended to read:
1577 20A-9-406. Qualified political party -- Requirements and exemptions.
1578 The following provisions apply to a qualified political party:
1579 (1) the qualified political party shall, no later than 5 p.m. on [
1580
1581 the identity of one or more registered political parties whose members may vote for the
1582 qualified political party's candidates and whether unaffiliated voters may vote for the qualified
1583 political party's candidates;
1584 (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
1585 20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
1586 political party;
1587 (3) an individual may only seek the nomination of the qualified political party by using
1588 a method described in Section 20A-9-407, Section 20A-9-408, or both;
1589 (4) the qualified political party shall comply with the provisions of Sections
1590 20A-9-407, 20A-9-408, and 20A-9-409;
1591 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
1592 shall ensure that a ballot described in Section 20A-6-301 includes each [
1593 nominated by a qualified political party:
1594 (a) under the qualified political party's name , if any; or
1595 (b) under the title of the qualified registered political party as designated by the
1596 qualified political party in the certification described in Subsection (1), or, if none is
1597 designated, then under some suitable title;
1598 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
1599 paper ballots in regular general elections, that each candidate who is nominated by the qualified
1600 political party is listed by party;
1601 (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
1602 the party designation of each candidate who is nominated by the qualified political party is
1603 printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
1604 (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
1605 the party designation of each candidate who is nominated by the qualified political party is
1606 displayed adjacent to the candidate's name on an electronic ballot;
1607 (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
1608 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
1609 20A-9-408 to run in a regular general election for a federal office, constitutional office,
1610 multicounty office, or county office;
1611 (10) an individual who is nominated by, or seeking the nomination of, the qualified
1612 political party is not required to comply with Subsection 20A-9-201(1)(c);
1613 (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
1614 to have each of the qualified political party's candidates for elective office appear on the
1615 primary ballot of the qualified political party with an indication that each candidate is a
1616 candidate for the qualified political party;
1617 (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
1618 on the list provided by the lieutenant governor to the county clerks:
1619 (a) the names of all candidates of the qualified political party for federal, constitutional,
1620 multicounty, and county offices; and
1621 (b) the names of unopposed candidates for elective office who have been nominated by
1622 the qualified political party and instruct the county clerks to exclude such candidates from the
1623 primary-election ballot;
1624 (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
1625 elective office in the regular primary election of the qualified political party is nominated by
1626 the party for that office without appearing on the primary ballot; and
1627 (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
1628 20A-9-405, the qualified political party is entitled to have the names of its candidates for
1629 elective office featured with party affiliation on the ballot at a regular general election.
1630 Section 17. Section 20A-9-407 is amended to read:
1631 20A-9-407. Convention process to seek the nomination of a qualified political
1632 party.
1633 (1) This section describes the requirements for a member of a qualified political party
1634 who is seeking the nomination of a qualified political party for an elective office through the
1635 qualified political party's convention process.
1636 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
1637 candidacy for a member of a qualified political party who is nominated by, or who is seeking
1638 the nomination of, the qualified political party under this section shall be substantially as
1639 described in Section 20A-9-408.5.
1640 [
1641
1642
1643
1644 [
1645
1646
1647 [
1648 [
1649
1650
1651
1652 [
1653
1654
1655 [
1656 [
1657 candidate who files as the joint-ticket running mate of an individual who is nominated by a
1658 qualified political party, under this section, for the office of governor shall submit a letter from
1659 the candidate for governor that names the lieutenant governor candidate as a joint-ticket
1660 running mate.
1661 [
1662 shall certify the name of the candidate to the lieutenant governor before 5 p.m. on the first
1663 Monday after the fourth Saturday in April.
1664 (b) The lieutenant governor shall ensure that the certification described in Subsection
1665 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
1666 under this section.
1667 [
1668 who is nominated by a qualified political party under this section, designate the qualified
1669 political party that nominated the candidate.
1670 Section 18. Section 20A-9-408 is amended to read:
1671 20A-9-408. Signature-gathering process to seek the nomination of a qualified
1672 political party.
1673 (1) This section describes the requirements for a member of a qualified political party
1674 who is seeking the nomination of the qualified political party for an elective office through the
1675 signature-gathering process described in this section.
1676 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
1677 candidacy for a member of a qualified political party who is nominated by, or who is seeking
1678 the nomination of, the qualified political party under this section shall be substantially as
1679 described in Section 20A-9-408.5.
1680 (3) [
1681 Subsection 20A-9-202(4), a member of a qualified political party who, under this section, is
1682 seeking the nomination of the qualified political party for an elective office that is to be filled at
1683 the next regular general election shall[
1684
1685 or after the first business day and on or before the fifth business day in January of the regular
1686 general election year, and before gathering signatures under this section, file with the filing
1687 officer on a form approved by the lieutenant governor a notice of intent to gather signatures for
1688 candidacy that includes:
1689 [
1690 registered political party under this section;
1691 [
1692 nomination;
1693 [
1694 [
1695 [
1696 [
1697
1698
1699 [
1700 (4) [
1701 party who, under this section, is seeking the nomination of the qualified political party for the
1702 office of district attorney within a multicounty prosecution district that is to be filled at the next
1703 regular general election shall[
1704
1705 the regular general election year, and before gathering signatures under this section, file with
1706 the filing officer on a form approved by the lieutenant governor a notice of intent to gather
1707 signatures for candidacy that includes:
1708 [
1709 registered political party under this section;
1710 [
1711 nomination;
1712 [
1713 [
1714 [
1715 [
1716
1717
1718 [
1719 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
1720 who files as the joint-ticket running mate of an individual who is nominated by a qualified
1721 political party, under this section, for the office of governor shall submit a letter from the
1722 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
1723 mate.
1724 (6) The lieutenant governor shall ensure that the certification described in Subsection
1725 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
1726 under this section.
1727 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1728 is nominated by a qualified political party under this section, designate the qualified political
1729 party that nominated the candidate.
1730 (8) A member of a qualified political party may seek the nomination of the qualified
1731 political party for an elective office by:
1732 (a) complying with the requirements described in this section; and
1733 (b) collecting signatures, on a form approved by the lieutenant governor, during the
1734 period beginning on the first business day in January [
1735 14 days before the day on which the qualified political party's convention for the office is held,
1736 in the following amounts:
1737 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1738 permitted by the qualified political party to vote for the qualified political party's candidates in
1739 a primary election;
1740 (ii) for a congressional district race, 7,000 signatures of registered voters who are
1741 residents of the congressional district and are permitted by the qualified political party to vote
1742 for the qualified political party's candidates in a primary election;
1743 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1744 residents of the state Senate district and are permitted by the qualified political party to vote for
1745 the qualified political party's candidates in a primary election;
1746 (iv) for a state House district race, 1,000 signatures of registered voters who are
1747 residents of the state House district and are permitted by the qualified political party to vote for
1748 the qualified political party's candidates in a primary election;
1749 (v) for a State Board of Education race, the lesser of:
1750 (A) 2,000 signatures of registered voters who are residents of the State Board of
1751 Education district and are permitted by the qualified political party to vote for the qualified
1752 political party's candidates in a primary election; or
1753 (B) 3% of the registered voters of the qualified political party who are residents of the
1754 applicable State Board of Education district; and
1755 (vi) for a county office race, signatures of 3% of the registered voters who are residents
1756 of the area permitted to vote for the county office and are permitted by the qualified political
1757 party to vote for the qualified political party's candidates in a primary election.
1758 (9) (a) In order for a member of the qualified political party to qualify as a candidate
1759 for the qualified political party's nomination for an elective office under this section, the
1760 member shall:
1761 (i) collect the signatures on a form approved by the lieutenant governor, using the same
1762 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
1763 (ii) submit the signatures to the election officer no later than 14 days before the day on
1764 which the qualified political party holds its convention to select candidates, for the elective
1765 office, for the qualified political party's nomination.
1766 (b) An individual may not gather signatures under this section until after the individual
1767 files a notice of intent to gather signatures for candidacy described in this section.
1768 (c) An individual who files a notice of intent to gather signatures for candidacy,
1769 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
1770 the notice of intent to gather signatures for candidacy:
1771 (i) required to comply with the reporting requirements that a candidate for office is
1772 required to comply with; and
1773 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1774 apply to a candidate for office in relation to the reporting requirements described in Subsection
1775 (9)(c)(i).
1776 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1777 election officer shall, no later than one day before the day on which the qualified political party
1778 holds the convention to select a nominee for the elective office to which the signature packets
1779 relate:
1780 (i) check the name of each individual who completes the verification for a signature
1781 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1782 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1783 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1784 (iii) determine whether each signer is a registered voter who is qualified to sign the
1785 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1786 on a petition;
1787 (iv) certify whether each name is that of a registered voter who is qualified to sign the
1788 signature packet; and
1789 (v) notify the qualified political party and the lieutenant governor of the name of each
1790 member of the qualified political party who qualifies as a nominee of the qualified political
1791 party, under this section, for the elective office to which the convention relates.
1792 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
1793 this section, the lieutenant governor shall post the notice of intent to gather signatures for
1794 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1795 posts a declaration of candidacy.
1796 Section 19. Section 20A-9-409.5 is enacted to read:
1797 20A-9-409.5. Regular primary runoff elections.
1798 (1) An election officer shall conduct a runoff election for any race where:
1799 (a) only one candidate may win;
1800 (b) more than three candidates appeared on the regular primary election ballot for the
1801 same qualified political party and the same office; and
1802 (c) none of the candidates described in Subsection (1)(a) received more than 35% of
1803 the votes cast for that party for that office in the regular primary election.
1804 (2) (a) The runoff election described in Subsection (1) is between the two candidates in
1805 the same qualified political party who received the highest number of votes in the race.
1806 (b) If a tie makes it impossible to identify two candidates who received the highest
1807 number of votes for purposes of holding a runoff election, the election officer shall resolve the
1808 tie, and eliminate the excess number of candidates, by lot cast in the presence of the candidates
1809 who tied or in the presence of the candidates appointed representatives.
1810 (3) For a runoff election described in this section:
1811 (a) the election officer shall:
1812 (i) give notice of the runoff election in accordance with rules made in accordance with
1813 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the director of elections within
1814 the Office of the Lieutenant Governor;
1815 (ii) hold the runoff election on the second Tuesday in August; and
1816 (iii) conduct the election entirely by absentee ballot, in accordance with Section
1817 20A-3-302;
1818 (b) the county canvass is seven days after the day of the runoff election; and
1819 (c) the lieutenant governor's canvass of statewide and multicounty elections is nine
1820 days after the day of the runoff election.
1821 (4) Within funds appropriated by the Legislature for this purpose, the lieutenant
1822 governor shall reimburse each county for the expense, as determined by the lieutenant
1823 governor, of conducting a runoff election under this section.
1824 (5) (a) The director of elections within the Office of the Lieutenant Governor shall
1825 make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
1826 ensure that, with respect to covered voters, runoff elections are conducted in accordance with
1827 the requirements of Title 20A, Chapter 16, Uniform Military and Overseas Voters Act.
1828 (b) The rules described in Subsection (5)(a) shall permit a covered voter to vote in a
1829 runoff election in a manner, specified by rule, that preserves the voting rights of the voter and
1830 may include ranked choice voting or voting by electronic means.
1831 Section 20. Section 20A-9-701 is amended to read:
1832 20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
1833 (1) No later than August 31 of each regular general election year, the lieutenant
1834 governor shall certify to each county clerk, for offices to be voted upon at the regular general
1835 election in that county clerk's county:
1836 (a) the names of each candidate nominated under Subsection 20A-9-202(4) or
1837 Subsection 20A-9-403(5); [
1838 (b) the names of the candidates for president and vice president that are certified by the
1839 registered political party as the party's nominees[
1840 (c) the name of each unaffiliated candidate who will appear on the general election
1841 ballot.
1842 (2) The [
1843 shall certify and display each name on the ballot as [
1844 candidate's declaration of candidacy. No other names may appear on the ballot as affiliated
1845 with, endorsed by, or nominated by any other registered political party, political party, or other
1846 political group.
1847 Section 21. Section 20A-11-204 is amended to read:
1848 20A-11-204. State office candidate and state officeholder -- Financial reporting
1849 requirements -- Interim reports.
1850 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
1851 account required under Subsection 20A-11-201(1)(a).
1852 (b) Except as provided in Subsection (1)(c), each state office candidate shall file an
1853 interim report at the following times in any year in which the candidate has filed a declaration
1854 of candidacy for a public office:
1855 (i) (A) seven days before the candidate's political convention; or
1856 (B) for an unaffiliated candidate, the fourth Saturday in March;
1857 (ii) seven days before the regular primary election date;
1858 (iii) if the candidate is in a runoff election, seven days before the day on which the
1859 runoff election is held;
1860 [
1861 [
1862 (c) If a state office candidate is a state office candidate seeking appointment for a
1863 midterm vacancy, the state office candidate:
1864 (i) shall file an interim report:
1865 (A) no later than seven days before the day on which the political party of the party for
1866 which the state office candidate seeks nomination meets to declare a nominee for the governor
1867 to appoint in accordance with Section 20A-1-504; or
1868 (B) if a state office candidate decides to seek the appointment with less than seven days
1869 before the party meets, or the political party schedules the meeting to declare a nominee less
1870 than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
1871 before the day on which the party meets; and
1872 (ii) is not required to file an interim report at the times described in Subsection (1)(b).
1873 (d) Each state officeholder who has a campaign account that has not been dissolved
1874 under Section 20A-11-205 shall, in an even year, file an interim report at the following times,
1875 regardless of whether an election for the state officeholder's office is held that year:
1876 (i) (A) seven days before the political convention for the political party of the state
1877 officeholder; or
1878 (B) for an unaffiliated state officeholder, the fourth Saturday in March;
1879 (ii) seven days before the regular primary election date;
1880 (iii) September 30; and
1881 (iv) seven days before the regular general election date.
1882 (2) Each interim report shall include the following information:
1883 (a) the net balance of the last summary report, if any;
1884 (b) a single figure equal to the total amount of receipts reported on all prior interim
1885 reports, if any, during the calendar year in which the interim report is due;
1886 (c) a single figure equal to the total amount of expenditures reported on all prior
1887 interim reports, if any, filed during the calendar year in which the interim report is due;
1888 (d) a detailed listing of each contribution and public service assistance received since
1889 the last summary report that has not been reported in detail on a prior interim report;
1890 (e) for each nonmonetary contribution:
1891 (i) the fair market value of the contribution with that information provided by the
1892 contributor; and
1893 (ii) a specific description of the contribution;
1894 (f) a detailed listing of each expenditure made since the last summary report that has
1895 not been reported in detail on a prior interim report;
1896 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1897 (h) a net balance for the year consisting of the net balance from the last summary
1898 report, if any, plus all receipts since the last summary report minus all expenditures since the
1899 last summary report;
1900 (i) a summary page in the form required by the lieutenant governor that identifies:
1901 (i) beginning balance;
1902 (ii) total contributions during the period since the last statement;
1903 (iii) total contributions to date;
1904 (iv) total expenditures during the period since the last statement; and
1905 (v) total expenditures to date; and
1906 (j) the name of a political action committee for which the state office candidate or state
1907 officeholder is designated as an officer who has primary decision-making authority under
1908 Section 20A-11-601.
1909 (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
1910 as of five days before the required filing date of the report.
1911 (b) Any negotiable instrument or check received by a state office candidate or state
1912 officeholder more than five days before the required filing date of a report required by this
1913 section shall be included in the interim report.
1914 Section 22. Section 20A-11-206 is amended to read:
1915 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
1916 (1) A state office candidate who fails to file a financial statement before the deadline is
1917 subject to a fine imposed in accordance with Section 20A-11-1005.
1918 (2) If a state office candidate fails to file an interim report described in Subsections
1919 20A-11-204(1)(b)(ii) through [
1920 to the state office candidate and the political party of which the state office candidate is a
1921 member, if any, that states:
1922 (a) that the state office candidate failed to timely file the report; and
1923 (b) that, if the state office candidate fails to file the report within 24 hours after the
1924 deadline for filing the report, the state office candidate will be disqualified and the political
1925 party will not be permitted to replace the candidate.
1926 (3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
1927 county clerk and other appropriate election officials that the state office candidate is
1928 disqualified if the state office candidate fails to file an interim report described in Subsections
1929 20A-11-204(1)(b)(ii) through [
1930 (b) The political party of a state office candidate who is disqualified under Subsection
1931 (3)(a) may not replace the state office candidate.
1932 (4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
1933 official shall:
1934 (i) remove the state office candidate's name from the ballot; or
1935 (ii) if removing the state office candidate's name from the ballot is not practicable,
1936 inform the voters by any practicable method that the state office candidate has been
1937 disqualified and that votes cast for the state office candidate will not be counted.
1938 (b) An election official may fulfill the requirement described in Subsection (4)(a) in
1939 relation to an absentee voter, including a military or overseas absentee voter, by including with
1940 the absentee ballot a written notice directing the voter to a public website that will inform the
1941 voter whether a candidate on the ballot is disqualified.
1942 (5) A state office candidate is not disqualified if:
1943 (a) the state office candidate timely files the reports described in Subsections
1944 20A-11-204(1)(b)(ii) through [
1945 filing the reports;
1946 (b) the reports are completed, detailing accurately and completely the information
1947 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1948 and
1949 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
1950 an amended report or the next scheduled report.
1951 (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
1952 governor shall review each filed summary report to ensure that:
1953 (i) each state office candidate that is required to file a summary report has filed one;
1954 and
1955 (ii) each summary report contains the information required by this part.
1956 (b) If it appears that any state office candidate has failed to file the summary report
1957 required by law, if it appears that a filed summary report does not conform to the law, or if the
1958 lieutenant governor has received a written complaint alleging a violation of the law or the
1959 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1960 violation or receipt of a written complaint, notify the state office candidate of the violation or
1961 written complaint and direct the state office candidate to file a summary report correcting the
1962 problem.
1963 (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
1964 report within seven days after receiving notice from the lieutenant governor described in this
1965 Subsection (6).
1966 (ii) Each state office candidate who violates Subsection (6)(c)(i) is guilty of a class B
1967 misdemeanor.
1968 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
1969 attorney general.
1970 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
1971 governor shall impose a civil fine of $100 against a state office candidate who violates
1972 Subsection (6)(c)(i).
1973 Section 23. Section 20A-11-303 is amended to read:
1974 20A-11-303. Legislative office candidate and legislative officeholder -- Financial
1975 reporting requirements -- Interim reports.
1976 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
1977 account required under Subsection 20A-11-301(1)(a)(i).
1978 (b) Except as provided in Subsection (1)(d), each legislative office candidate shall file
1979 an interim report at the following times in any year in which the candidate has filed a
1980 declaration of candidacy for a public office:
1981 (i) (A) seven days before the candidate's political convention; or
1982 (B) for an unaffiliated candidate, the fourth Saturday in March;
1983 (ii) seven days before the regular primary election date;
1984 (iii) if the candidate is in a runoff election, seven days before the day on which the
1985 runoff election is held;
1986 [
1987 [
1988 (c) Each legislative officeholder who has a campaign account that has not been
1989 dissolved under Section 20A-11-304 shall, in an even year, file an interim report at the
1990 following times, regardless of whether an election for the legislative officeholder's office is
1991 held that year:
1992 (i) (A) seven days before the political convention for the political party of the
1993 legislative officeholder; or
1994 (B) for an unaffiliated legislative officeholder, the fourth Saturday in March;
1995 (ii) seven days before the regular primary election date for that year;
1996 (iii) September 30; and
1997 (iv) seven days before the regular general election date.
1998 (d) If a legislative office candidate is a legislative office candidate seeking appointment
1999 for a midterm vacancy, the legislative office candidate:
2000 (i) shall file an interim report:
2001 (A) no later than seven days before the day on which the political party of the party for
2002 which the legislative office candidate seeks nomination meets to declare a nominee for the
2003 governor to appoint in accordance with Section 20A-1-503; or
2004 (B) if a legislative office candidate decides to seek the appointment with less than
2005 seven days before the party meets, or the political party schedules the meeting to declare a
2006 nominee less than seven days before the day of the meeting, no later than 5 p.m. on the last day
2007 of business before the day on which the party meets; and
2008 (ii) is not required to file an interim report at the times described in Subsection (1)(b).
2009 (2) Each interim report shall include the following information:
2010 (a) the net balance of the last summary report, if any;
2011 (b) a single figure equal to the total amount of receipts reported on all prior interim
2012 reports, if any, during the calendar year in which the interim report is due;
2013 (c) a single figure equal to the total amount of expenditures reported on all prior
2014 interim reports, if any, filed during the calendar year in which the interim report is due;
2015 (d) a detailed listing of each contribution and public service assistance received since
2016 the last summary report that has not been reported in detail on a prior interim report;
2017 (e) for each nonmonetary contribution:
2018 (i) the fair market value of the contribution with that information provided by the
2019 contributor; and
2020 (ii) a specific description of the contribution;
2021 (f) a detailed listing of each expenditure made since the last summary report that has
2022 not been reported in detail on a prior interim report;
2023 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
2024 (h) a net balance for the year consisting of the net balance from the last summary
2025 report, if any, plus all receipts since the last summary report minus all expenditures since the
2026 last summary report;
2027 (i) a summary page in the form required by the lieutenant governor that identifies:
2028 (i) beginning balance;
2029 (ii) total contributions during the period since the last statement;
2030 (iii) total contributions to date;
2031 (iv) total expenditures during the period since the last statement; and
2032 (v) total expenditures to date; and
2033 (j) the name of a political action committee for which the legislative office candidate or
2034 legislative officeholder is designated as an officer who has primary decision-making authority
2035 under Section 20A-11-601.
2036 (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
2037 as of five days before the required filing date of the report.
2038 (b) Any negotiable instrument or check received by a legislative office candidate or
2039 legislative officeholder more than five days before the required filing date of a report required
2040 by this section shall be included in the interim report.
2041 Section 24. Section 20A-11-305 is amended to read:
2042 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
2043 (1) A legislative office candidate who fails to file a financial statement before the
2044 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
2045 (2) If a legislative office candidate fails to file an interim report described in
2046 Subsections 20A-11-303(1)(b)(ii) through [
2047 electronic notice to the legislative office candidate and the political party of which the
2048 legislative office candidate is a member, if any, that states:
2049 (a) that the legislative office candidate failed to timely file the report; and
2050 (b) that, if the legislative office candidate fails to file the report within 24 hours after
2051 the deadline for filing the report, the legislative office candidate will be disqualified and the
2052 political party will not be permitted to replace the candidate.
2053 (3) (a) The lieutenant governor shall disqualify a legislative office candidate and
2054 inform the county clerk and other appropriate election officials that the legislative office
2055 candidate is disqualified if the legislative office candidate fails to file an interim report
2056 described in Subsections 20A-11-303(1)(b)(ii) through [
2057 deadline for filing the report.
2058 (b) The political party of a legislative office candidate who is disqualified under
2059 Subsection (3)(a) may not replace the legislative office candidate.
2060 (4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
2061 election officer shall:
2062 (i) remove the legislative office candidate's name from the ballot; or
2063 (ii) if removing the legislative office candidate's name from the ballot is not
2064 practicable, inform the voters by any practicable method that the legislative office candidate
2065 has been disqualified and that votes cast for the legislative office candidate will not be counted.
2066 (b) An election official may fulfill the requirement described in Subsection (4)(a) in
2067 relation to an absentee voter, including a military or overseas absentee voter, by including with
2068 the absentee ballot a written notice directing the voter to a public website that will inform the
2069 voter whether a candidate on the ballot is disqualified.
2070 (5) A legislative office candidate is not disqualified if:
2071 (a) the legislative office candidate files the reports described in Subsections
2072 20A-11-303(1)(b)(ii) through [
2073 filing the reports;
2074 (b) the reports are completed, detailing accurately and completely the information
2075 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
2076 and
2077 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
2078 an amended report or the next scheduled report.
2079 (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
2080 governor shall review each filed summary report to ensure that:
2081 (i) each legislative office candidate that is required to file a summary report has filed
2082 one; and
2083 (ii) each summary report contains the information required by this part.
2084 (b) If it appears that any legislative office candidate has failed to file the summary
2085 report required by law, if it appears that a filed summary report does not conform to the law, or
2086 if the lieutenant governor has received a written complaint alleging a violation of the law or the
2087 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
2088 violation or receipt of a written complaint, notify the legislative office candidate of the
2089 violation or written complaint and direct the legislative office candidate to file a summary
2090 report correcting the problem.
2091 (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
2092 report within seven days after receiving notice from the lieutenant governor described in this
2093 Subsection (6).
2094 (ii) Each legislative office candidate who violates Subsection (6)(c)(i) is guilty of a
2095 class B misdemeanor.
2096 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
2097 attorney general.
2098 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
2099 governor shall impose a civil fine of $100 against a legislative office candidate who violates
2100 Subsection (6)(c)(i).
2101 Section 25. Section 20A-11-1303 is amended to read:
2102 20A-11-1303. School board office candidate and school board officeholder --
2103 Financial reporting requirements -- Interim reports.
2104 (1) (a) As used in this section, "received" means:
2105 (i) for a cash contribution, that the cash is given to a school board office candidate or a
2106 member of the school board office candidate's personal campaign committee;
2107 (ii) for a contribution that is a check or other negotiable instrument, that the check or
2108 other negotiable instrument is negotiated; or
2109 (iii) for any other type of contribution, that any portion of the contribution's benefit
2110 inures to the school board office candidate.
2111 (b) As used in this Subsection (1), "campaign account" means a separate campaign
2112 account required under Subsection 20A-11-1301(1)(a)(i).
2113 (c) Each school board office candidate shall file an interim report at the following
2114 times in any year in which the candidate has filed a declaration of candidacy for a public office:
2115 (i) (A) seven days before the political convention for the political party of the school
2116 board office candidate; or
2117 (B) May 15, if the school board office candidate does not affiliate with a political
2118 party;
2119 (ii) seven days before the regular primary election date;
2120 (iii) if the school board office candidate is in a runoff election, seven days before the
2121 day on which the runoff election is held;
2122 [
2123 [
2124 (d) Each school board officeholder who has a campaign account that has not been
2125 dissolved under Section 20A-11-1304 shall, in an even year, file an interim report at the
2126 following times, regardless of whether an election for the school board officeholder's office is
2127 held that year:
2128 (i) (A) seven days before the political convention for the political party of the school
2129 board officeholder; or
2130 (B) May 15, if the school board officeholder does not affiliate with a political party;
2131 (ii) seven days before the regular primary election date for that year;
2132 (iii) September 30; and
2133 (iv) seven days before the regular general election date.
2134 (2) Each interim report shall include the following information:
2135 (a) the net balance of the last summary report, if any;
2136 (b) a single figure equal to the total amount of receipts reported on all prior interim
2137 reports, if any, during the calendar year in which the interim report is due;
2138 (c) a single figure equal to the total amount of expenditures reported on all prior
2139 interim reports, if any, filed during the calendar year in which the interim report is due;
2140 (d) a detailed listing of each contribution and public service assistance received since
2141 the last summary report that has not been reported in detail on a prior interim report;
2142 (e) for each nonmonetary contribution:
2143 (i) the fair market value of the contribution with that information provided by the
2144 contributor; and
2145 (ii) a specific description of the contribution;
2146 (f) a detailed listing of each expenditure made since the last summary report that has
2147 not been reported in detail on a prior interim report;
2148 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
2149 (h) a net balance for the year consisting of the net balance from the last summary
2150 report, if any, plus all receipts since the last summary report minus all expenditures since the
2151 last summary report;
2152 (i) a summary page in the form required by the lieutenant governor that identifies:
2153 (i) beginning balance;
2154 (ii) total contributions during the period since the last statement;
2155 (iii) total contributions to date;
2156 (iv) total expenditures during the period since the last statement; and
2157 (v) total expenditures to date; and
2158 (j) the name of a political action committee for which the school board office candidate
2159 or school board officeholder is designated as an officer who has primary decision-making
2160 authority under Section 20A-11-601.
2161 (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
2162 as of five days before the required filing date of the report.
2163 (b) Any negotiable instrument or check received by a school board office candidate or
2164 school board officeholder more than five days before the required filing date of a report
2165 required by this section shall be included in the interim report.
2166 Section 26. Section 20A-11-1305 is amended to read:
2167 20A-11-1305. School board office candidate -- Failure to file statement --
2168 Penalties.
2169 (1) (a) A school board office candidate who fails to file a financial statement by the
2170 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
2171 (b) If a school board office candidate fails to file an interim report described in
2172 Subsections 20A-11-1303(1)(c)(ii) through [
2173 making a reasonable attempt to discover if the report was timely filed, inform the county clerk
2174 and other appropriate election officials who:
2175 (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
2176 the ballots are delivered to voters; or
2177 (B) shall, if removing the candidate's name from the ballot is not practicable, inform
2178 the voters by any practicable method that the candidate has been disqualified and that votes
2179 cast for the candidate will not be counted; and
2180 (ii) may not count any votes for that candidate.
2181 (c) Any school board office candidate who fails to file timely a financial statement
2182 required by [
2183 disqualified.
2184 (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
2185 not disqualified and the chief election officer may not impose a fine if:
2186 (i) the candidate timely files the reports required by this section in accordance with
2187 Section 20A-11-103;
2188 (ii) those reports are completed, detailing accurately and completely the information
2189 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
2190 and
2191 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
2192 corrected in:
2193 (A) an amended report; or
2194 (B) the next scheduled report.
2195 (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
2196 board office candidate, the lieutenant governor shall review each filed summary report to
2197 ensure that:
2198 (i) each school board office candidate who is required to file a summary report has
2199 filed one; and
2200 (ii) each summary report contains the information required by this part.
2201 (b) If it appears that a school board office candidate has failed to file the summary
2202 report required by law, if it appears that a filed summary report does not conform to the law, or
2203 if the lieutenant governor has received a written complaint alleging a violation of the law or the
2204 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
2205 violation or receipt of a written complaint, notify the school board office candidate of the
2206 violation or written complaint and direct the school board office candidate to file a summary
2207 report correcting the problem.
2208 (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
2209 summary report within seven days after receiving notice from the lieutenant governor under
2210 this section.
2211 (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
2212 class B misdemeanor.
2213 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
2214 attorney general.
2215 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
2216 governor shall impose a civil fine of $100 against a school board office candidate who violates
2217 Subsection (2)(c)(i).
2218 Section 27. Section 20A-14-203 is amended to read:
2219 20A-14-203. Becoming a member of a local board of education -- Declaration of
2220 candidacy -- Election.
2221 (1) An individual may become a candidate for a local school board:
2222 [
2223
2224 [
2225 (a) by filing a declaration of candidacy with the county clerk:
2226 (i) on or after the [
2227
2228 year; and
2229 (ii) on or before the fifth business day following January 1 of the regular general
2230 election year; and
2231 (b) by paying the fee described in Section 20A-9-202.
2232 (2) (a) The term of office for an individual elected to a local board of education is four
2233 years, beginning on the first Monday in January after the election.
2234 (b) A member of a local board of education shall serve until a successor is elected or
2235 appointed and qualified.
2236 (c) A member of a local board of education is "qualified" when the member takes or
2237 signs the constitutional oath of office.
2238 Section 28. Section 20A-16-502 is amended to read:
2239 20A-16-502. Publication of election notice.
2240 (1) At least 100 days before an election, other than a statewide special election [
2241 local special election, or a runoff election, and as soon as practicable before a statewide special
2242 election or local special election, the election officer shall prepare an election notice for the
2243 election officer's jurisdiction, to be used in conjunction with a federal write-in absentee ballot.
2244 (2) The election notice must contain:
2245 (a) a list of all of the ballot propositions and federal, state, and local offices that as of
2246 that date the election officer expects to be on the ballot on the date of the election; and
2247 (b) specific instructions for how a covered voter is to indicate on the federal write-in
2248 absentee ballot the covered voter's choice for each office to be filled and for each ballot
2249 proposition to be contested.
2250 (3) (a) A covered voter may request a copy of an election notice.
2251 (b) The election officer shall send the notice to the covered voter by facsimile, email,
2252 or regular mail, as the covered voter requests.
2253 (4) As soon as the ballot is certified, and not later than the date ballots are required to
2254 be transmitted to voters under Chapter 3, Part 3, Absentee Voting, the election officer charged
2255 with preparing the election notice under Subsection (1) shall update the notice with the
2256 certified candidates for each office and ballot propositions and make the updated notice
2257 publicly available.
2258 (5) A political subdivision that maintains a website shall make the election notice
2259 prepared under this section and updated versions of the election notice regularly available on
2260 the website.
2261 Section 29. Coordinating S.B. 114 with S.B. 13 -- Technical amendment.
2262 If this S.B. 114 and S.B. 13, Amendments to Election Law, both pass and become law,
2263 it is the intent of the Legislature that the Office of Legislative Research and General Counsel,
2264 prepare the Utah Code database for publication by amending Subsection 20A-9-403(5)(a) to
2265 read:
2266 "(5) (a) [
2267 candidate, other than a presidential [
2268 primary election, receives the highest number of votes cast for [
2269
2270 (i) nominated for that office by [
2271
2272 (ii) for a nonpartisan local school board position, nominated for that office.".