1     
STRAIGHT TICKET VOTING PROHIBITION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code relating to the manner by which a
10     voter casts a vote for all candidates from one political party.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes provisions from the Election Code that allow an individual to cast a vote
14     for all candidates from one political party without voting for the candidates
15     individually;
16          ▸     removes provisions relating to straight ticket party voting and scratch voting; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          20A-1-102, as last amended by Laws of Utah 2018, Chapters 187 and 274
25          20A-3-106, as last amended by Laws of Utah 2015, Chapter 296
26          20A-4-102, as last amended by Laws of Utah 2018, Chapters 187 and 274
27          20A-4-105, as last amended by Laws of Utah 2018, Chapter 187

28          20A-5-302, as last amended by Laws of Utah 2018, Chapter 274
29          20A-6-301, as last amended by Laws of Utah 2018, Chapter 274
30          20A-6-305, as last amended by Laws of Utah 2017, Chapter 275
31          20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
32          63I-2-220, as last amended by Laws of Utah 2018, Chapters 187 and 458
33          67-1a-2, as last amended by Laws of Utah 2018, Chapter 330
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 20A-1-102 is amended to read:
37          20A-1-102. Definitions.
38          As used in this title:
39          (1) "Active voter" means a registered voter who has not been classified as an inactive
40     voter by the county clerk.
41          (2) "Automatic tabulating equipment" means apparatus that automatically examines
42     and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
43          (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
44     upon which a voter records the voter's votes.
45          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
46     envelopes.
47          (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
48          (a) contain the names of offices and candidates and statements of ballot propositions to
49     be voted on; and
50          (b) are used in conjunction with ballot sheets that do not display that information.
51          (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
52     on the ballot for their approval or rejection including:
53          (a) an opinion question specifically authorized by the Legislature;
54          (b) a constitutional amendment;
55          (c) an initiative;
56          (d) a referendum;
57          (e) a bond proposition;
58          (f) a judicial retention question;

59          (g) an incorporation of a city or town; or
60          (h) any other ballot question specifically authorized by the Legislature.
61          (6) "Ballot sheet":
62          (a) means a ballot that:
63          (i) consists of paper or a card where the voter's votes are marked or recorded; and
64          (ii) can be counted using automatic tabulating equipment; and
65          (b) includes punch card ballots and other ballots that are machine-countable.
66          (7) "Bind," "binding," or "bound" means securing more than one piece of paper
67     together with a staple or stitch in at least three places across the top of the paper in the blank
68     space reserved for securing the paper.
69          (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
70     20A-4-306 to canvass election returns.
71          (9) "Bond election" means an election held for the purpose of approving or rejecting
72     the proposed issuance of bonds by a government entity.
73          (10) "Book voter registration form" means voter registration forms contained in a
74     bound book that are used by election officers and registration agents to register persons to vote.
75          (11) "Business reply mail envelope" means an envelope that may be mailed free of
76     charge by the sender.
77          (12) "By-mail voter registration form" means a voter registration form designed to be
78     completed by the voter and mailed to the election officer.
79          (13) "Canvass" means the review of election returns and the official declaration of
80     election results by the board of canvassers.
81          (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
82     the canvass.
83          (15) "Contracting election officer" means an election officer who enters into a contract
84     or interlocal agreement with a provider election officer.
85          (16) "Convention" means the political party convention at which party officers and
86     delegates are selected.
87          (17) "Counting center" means one or more locations selected by the election officer in
88     charge of the election for the automatic counting of ballots.
89          (18) "Counting judge" means a poll worker designated to count the ballots during

90     election day.
91          (19) "Counting room" means a suitable and convenient private place or room,
92     immediately adjoining the place where the election is being held, for use by the poll workers
93     and counting judges to count ballots during election day.
94          (20) "County officers" means those county officers that are required by law to be
95     elected.
96          (21) "Date of the election" or "election day" or "day of the election":
97          (a) means the day that is specified in the calendar year as the day that the election
98     occurs; and
99          (b) does not include:
100          (i) deadlines established for absentee voting; or
101          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
102     Voting.
103          (22) "Elected official" means:
104          (a) a person elected to an office under Section 20A-1-303 or [Title 20A,] Chapter 4,
105     Part 6, Municipal Alternate Voting Methods Pilot Project;
106          (b) a person who is considered to be elected to a municipal office in accordance with
107     Subsection 20A-1-206(1)(c)(ii); or
108          (c) a person who is considered to be elected to a local district office in accordance with
109     Subsection 20A-1-206(3)(c)(ii).
110          (23) "Election" means a regular general election, a municipal general election, a
111     statewide special election, a local special election, a regular primary election, a municipal
112     primary election, and a local district election.
113          (24) "Election Assistance Commission" means the commission established by the Help
114     America Vote Act of 2002, Pub. L. No. 107-252.
115          (25) "Election cycle" means the period beginning on the first day persons are eligible to
116     file declarations of candidacy and ending when the canvass is completed.
117          (26) "Election judge" means a poll worker that is assigned to:
118          (a) preside over other poll workers at a polling place;
119          (b) act as the presiding election judge; or
120          (c) serve as a canvassing judge, counting judge, or receiving judge.

121          (27) "Election officer" means:
122          (a) the lieutenant governor, for all statewide ballots and elections;
123          (b) the county clerk for:
124          (i) a county ballot and election; and
125          (ii) a ballot and election as a provider election officer as provided in Section
126     20A-5-400.1 or 20A-5-400.5;
127          (c) the municipal clerk for:
128          (i) a municipal ballot and election; and
129          (ii) a ballot and election as a provider election officer as provided in Section
130     20A-5-400.1 or 20A-5-400.5;
131          (d) the local district clerk or chief executive officer for:
132          (i) a local district ballot and election; and
133          (ii) a ballot and election as a provider election officer as provided in Section
134     20A-5-400.1 or 20A-5-400.5; or
135          (e) the business administrator or superintendent of a school district for:
136          (i) a school district ballot and election; and
137          (ii) a ballot and election as a provider election officer as provided in Section
138     20A-5-400.1 or 20A-5-400.5.
139          (28) "Election official" means any election officer, election judge, or poll worker.
140          (29) "Election results" means:
141          (a) for an election other than a bond election, the count of votes cast in the election and
142     the election returns requested by the board of canvassers; or
143          (b) for bond elections, the count of those votes cast for and against the bond
144     proposition plus any or all of the election returns that the board of canvassers may request.
145          (30) "Election returns" includes the pollbook, the military and overseas absentee voter
146     registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
147     counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
148     form, and the total votes cast form.
149          (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
150     device or other voting device that records and stores ballot information by electronic means.
151          (32) "Electronic signature" means an electronic sound, symbol, or process attached to

152     or logically associated with a record and executed or adopted by a person with the intent to sign
153     the record.
154          (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
155          (b) "Electronic voting device" includes a direct recording electronic voting device.
156          (34) "Inactive voter" means a registered voter who is listed as inactive by a county
157     clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
158          (35) "Judicial office" means the office filled by any judicial officer.
159          (36) "Judicial officer" means any justice or judge of a court of record or any county
160     court judge.
161          (37) "Local district" means a local government entity under Title 17B, Limited Purpose
162     Local Government Entities - Local Districts, and includes a special service district under Title
163     17D, Chapter 1, Special Service District Act.
164          (38) "Local district officers" means those local district board members that are required
165     by law to be elected.
166          (39) "Local election" means a regular county election, a regular municipal election, a
167     municipal primary election, a local special election, a local district election, and a bond
168     election.
169          (40) "Local political subdivision" means a county, a municipality, a local district, or a
170     local school district.
171          (41) "Local special election" means a special election called by the governing body of a
172     local political subdivision in which all registered voters of the local political subdivision may
173     vote.
174          (42) "Municipal executive" means:
175          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
176          (b) the mayor in the council-manager form of government defined in Subsection
177     10-3b-103(7); or
178          (c) the chair of a metro township form of government defined in Section 10-3b-102.
179          (43) "Municipal general election" means the election held in municipalities and, as
180     applicable, local districts on the first Tuesday after the first Monday in November of each
181     odd-numbered year for the purposes established in Section 20A-1-202.
182          (44) "Municipal legislative body" means:

183          (a) the council of the city or town in any form of municipal government; or
184          (b) the council of a metro township.
185          (45) "Municipal office" means an elective office in a municipality.
186          (46) "Municipal officers" means those municipal officers that are required by law to be
187     elected.
188          (47) "Municipal primary election" means an election held to nominate candidates for
189     municipal office.
190          (48) "Municipality" means a city, town, or metro township.
191          (49) "Official ballot" means the ballots distributed by the election officer to the poll
192     workers to be given to voters to record their votes.
193          (50) "Official endorsement" means:
194          (a) the information on the ballot that identifies:
195          (i) the ballot as an official ballot;
196          (ii) the date of the election; and
197          (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
198     facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
199          (B) for a ballot prepared by a county clerk, the words required by Subsection
200     20A-6-301(1)(b)(iii); and
201          (b) the information on the ballot stub that identifies:
202          (i) the poll worker's initials; and
203          (ii) the ballot number.
204          (51) "Official register" means the official record furnished to election officials by the
205     election officer that contains the information required by Section 20A-5-401.
206          (52) "Paper ballot" means a paper that contains:
207          (a) the names of offices and candidates and statements of ballot propositions to be
208     voted on; and
209          (b) spaces for the voter to record the voter's vote for each office and for or against each
210     ballot proposition.
211          (53) "Political party" means an organization of registered voters that has qualified to
212     participate in an election by meeting the requirements of Chapter 8, Political Party Formation
213     and Procedures.

214          (54) (a) "Poll worker" means a person assigned by an election official to assist with an
215     election, voting, or counting votes.
216          (b) "Poll worker" includes election judges.
217          (c) "Poll worker" does not include a watcher.
218          (55) "Pollbook" means a record of the names of voters in the order that they appear to
219     cast votes.
220          (56) "Polling place" means the building where voting is conducted.
221          (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
222     in which the voter marks the voter's choice.
223          (58) "Primary convention" means the political party conventions held during the year
224     of the regular general election.
225          (59) "Protective counter" means a separate counter, which cannot be reset, that:
226          (a) is built into a voting machine; and
227          (b) records the total number of movements of the operating lever.
228          (60) "Provider election officer" means an election officer who enters into a contract or
229     interlocal agreement with a contracting election officer to conduct an election for the
230     contracting election officer's local political subdivision in accordance with Section
231     20A-5-400.1.
232          (61) "Provisional ballot" means a ballot voted provisionally by a person:
233          (a) whose name is not listed on the official register at the polling place;
234          (b) whose legal right to vote is challenged as provided in this title; or
235          (c) whose identity was not sufficiently established by a poll worker.
236          (62) "Provisional ballot envelope" means an envelope printed in the form required by
237     Section 20A-6-105 that is used to identify provisional ballots and to provide information to
238     verify a person's legal right to vote.
239          (63) "Qualify" or "qualified" means to take the oath of office and begin performing the
240     duties of the position for which the person was elected.
241          (64) "Receiving judge" means the poll worker that checks the voter's name in the
242     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
243     after the voter has voted.
244          (65) "Registration form" means a book voter registration form and a by-mail voter

245     registration form.
246          (66) "Regular ballot" means a ballot that is not a provisional ballot.
247          (67) "Regular general election" means the election held throughout the state on the first
248     Tuesday after the first Monday in November of each even-numbered year for the purposes
249     established in Section 20A-1-201.
250          (68) "Regular primary election" means the election on the fourth Tuesday of June of
251     each even-numbered year, to nominate candidates of political parties and candidates for
252     nonpartisan local school board positions to advance to the regular general election.
253          (69) "Resident" means a person who resides within a specific voting precinct in Utah.
254          (70) "Sample ballot" means a mock ballot similar in form to the official ballot printed
255     and distributed as provided in Section 20A-5-405.
256          [(71) "Scratch vote" means to mark or punch the straight party ticket and then mark or
257     punch the ballot for one or more candidates who are members of different political parties or
258     who are unaffiliated.]
259          [(72)] (71) "Secrecy envelope" means the envelope given to a voter along with the
260     ballot into which the voter places the ballot after the voter has voted it in order to preserve the
261     secrecy of the voter's vote.
262          [(73)] (72) "Special election" means an election held as authorized by Section
263     20A-1-203.
264          [(74)] (73) "Spoiled ballot" means each ballot that:
265          (a) is spoiled by the voter;
266          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
267          (c) lacks the official endorsement.
268          [(75)] (74) "Statewide special election" means a special election called by the governor
269     or the Legislature in which all registered voters in Utah may vote.
270          [(76)] (75) "Stub" means the detachable part of each ballot.
271          [(77)] (76) "Substitute ballots" means replacement ballots provided by an election
272     officer to the poll workers when the official ballots are lost or stolen.
273          [(78)] (77) "Ticket" means a list of:
274          (a) political parties;
275          (b) candidates for an office; or

276          (c) ballot propositions.
277          [(79)] (78) "Transfer case" means the sealed box used to transport voted ballots to the
278     counting center.
279          [(80)] (79) "Vacancy" means the absence of a person to serve in any position created
280     by statute, whether that absence occurs because of death, disability, disqualification,
281     resignation, or other cause.
282          [(81)] (80) "Valid voter identification" means:
283          (a) a form of identification that bears the name and photograph of the voter which may
284     include:
285          (i) a currently valid Utah driver license;
286          (ii) a currently valid identification card that is issued by:
287          (A) the state; or
288          (B) a branch, department, or agency of the United States;
289          (iii) a currently valid Utah permit to carry a concealed weapon;
290          (iv) a currently valid United States passport; or
291          (v) a currently valid United States military identification card;
292          (b) one of the following identification cards, whether or not the card includes a
293     photograph of the voter:
294          (i) a valid tribal identification card;
295          (ii) a Bureau of Indian Affairs card; or
296          (iii) a tribal treaty card; or
297          (c) two forms of identification not listed under Subsection [(81)] (80)(a) or (b) but that
298     bear the name of the voter and provide evidence that the voter resides in the voting precinct,
299     which may include:
300          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
301     election;
302          (ii) a bank or other financial account statement, or a legible copy thereof;
303          (iii) a certified birth certificate;
304          (iv) a valid social security card;
305          (v) a check issued by the state or the federal government or a legible copy thereof;
306          (vi) a paycheck from the voter's employer, or a legible copy thereof;

307          (vii) a currently valid Utah hunting or fishing license;
308          (viii) certified naturalization documentation;
309          (ix) a currently valid license issued by an authorized agency of the United States;
310          (x) a certified copy of court records showing the voter's adoption or name change;
311          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
312          (xii) a currently valid identification card issued by:
313          (A) a local government within the state;
314          (B) an employer for an employee; or
315          (C) a college, university, technical school, or professional school located within the
316     state; or
317          (xiii) a current Utah vehicle registration.
318          [(82)] (81) "Valid write-in candidate" means a candidate who has qualified as a
319     write-in candidate by following the procedures and requirements of this title.
320          [(83)] (82) "Voter" means a person who:
321          (a) meets the requirements for voting in an election;
322          (b) meets the requirements of election registration;
323          (c) is registered to vote; and
324          (d) is listed in the official register book.
325          [(84)] (83) "Voter registration deadline" means the registration deadline provided in
326     Section 20A-2-102.5.
327          [(85)] (84) "Voting area" means the area within six feet of the voting booths, voting
328     machines, and ballot box.
329          [(86)] (85) "Voting booth" means:
330          (a) the space or compartment within a polling place that is provided for the preparation
331     of ballots, including the voting machine enclosure or curtain; or
332          (b) a voting device that is free standing.
333          [(87)] (86) "Voting device" means:
334          (a) an apparatus in which ballot sheets are used in connection with a punch device for
335     piercing the ballots by the voter;
336          (b) a device for marking the ballots with ink or another substance;
337          (c) an electronic voting device or other device used to make selections and cast a ballot

338     electronically, or any component thereof;
339          (d) an automated voting system under Section 20A-5-302; or
340          (e) any other method for recording votes on ballots so that the ballot may be tabulated
341     by means of automatic tabulating equipment.
342          [(88)] (87) "Voting machine" means a machine designed for the sole purpose of
343     recording and tabulating votes cast by voters at an election.
344          [(89)] (88) "Voting precinct" means the smallest voting unit established as provided by
345     law within which qualified voters vote at one polling place.
346          [(90)] (89) "Watcher" means an individual who complies with the requirements
347     described in Section 20A-3-201 to become a watcher for an election.
348          [(91)] (90) "Western States Presidential Primary" means the election established in
349     Chapter 9, Part 8, Western States Presidential Primary.
350          [(92)] (91) "Write-in ballot" means a ballot containing any write-in votes.
351          [(93)] (92) "Write-in vote" means a vote cast for a person whose name is not printed on
352     the ballot according to the procedures established in this title.
353          Section 2. Section 20A-3-106 is amended to read:
354          20A-3-106. Writing in names -- Effect of unnecessary marking of cross.
355          [(1) When voting a paper ballot, any voter desiring to vote for all the candidates who
356     are listed on the ballot as being from any one registered political party may:]
357          [(a) mark in the circle or position above that political party;]
358          [(b) mark in the squares or position opposite the names of all candidates for that party
359     ticket; or]
360          [(c) make both markings.]
361          [(2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates
362     who are listed on the ballot as being from any one registered political party may:]
363          [(i) mark the selected party on the straight party page or section; or]
364          [(ii) mark the name of each candidate from that party.]
365          [(b) To vote for candidates from two or more political parties, the voter may:]
366          [(i) mark in the squares or positions opposite the names of the candidates for whom the
367     voter wishes to vote without marking in any circle; or]
368          [(ii) indicate the voter's choice by:]

369          [(A) marking in the circle or position above one political party; and]
370          [(B) marking in the squares or positions opposite the names of desired candidates who
371     are members of any party, are unaffiliated, or are listed without party name.]
372          [(3) (a) When voting an electronic ballot, any voter desiring to vote for all the
373     candidates who are listed on the ballot as being from any one registered political party may:]
374          [(i) select that party on the straight party selection area; or]
375          [(ii) select the name of each candidate from that party.]
376          [(b) To vote for candidates from two or more political parties, the voter may:]
377          [(i) select the names of the candidates for whom the voter wishes to vote without
378     selecting a political party in the straight party selection area; or]
379          [(ii) (A) select a political party in the straight party selection area; and]
380          [(B) select the names of the candidates for whom the voter wishes to vote who are
381     members of any party, are unaffiliated, or are listed without party name.]
382          [(4) In any election other than a primary election, if a voter voting a ballot has selected
383     or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
384     for a person on another party ticket for an office, or for an unaffiliated candidate, the voter shall
385     select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.]
386          [(5)] (1) (a) [The] A voter may cast a write-in vote on a paper ballot or ballot sheet:
387          (i) by entering the name of a valid write-in candidate:
388          (A) by writing the name of a valid write-in candidate in the blank write-in section of
389     the ballot; or
390          (B) by affixing a sticker with the office and name of the valid write-in name printed on
391     it in the blank write-in part of the ballot; and
392          (ii) by placing a mark opposite the name of the write-in candidate to indicate the voter's
393     vote.
394          (b) On a paper ballot or ballot sheet, a voter is considered to have voted for the person
395     whose name is written or whose sticker appears in the blank write-in part of the ballot, if a
396     mark is made opposite that name.
397          (c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a square on
398     the ticket below the marked circle does not affect the validity of the vote.
399          [(6)] (2) [The] A voter may cast a write-in vote on an electronic ballot by:

400          (a) marking the appropriate position opposite the area for entering a write-in candidate
401     for the office sought by the candidate for whom the voter wishes to vote; and
402          (b) entering the name of a valid write-in candidate in the write-in selection area.
403          Section 3. Section 20A-4-102 is amended to read:
404          20A-4-102. Counting paper ballots after the polls close.
405          (1) (a) Except as provided in Subsection (2) or a rule made under Subsection
406     20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
407     the election judges shall count the ballots by performing the tasks specified in this section in
408     the order that they are specified.
409          (b) To resolve questions that arise during the counting of ballots, a counting judge shall
410     apply the standards and requirements of:
411          (i) to the extent applicable, Section 20A-4-105; and
412          (ii) as applicable, for an instant runoff voting race under [Title 20A, Chapter 4,] Part 6,
413     Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3).
414          (2) (a) First, the election judges shall count the number of ballots in the ballot box.
415          (b) (i) If there are more ballots in the ballot box than there are names entered in the
416     pollbook, the judges shall examine the official endorsements on the ballots.
417          (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
418     official endorsement, the judges shall put those ballots in an excess ballot file and not count
419     them.
420          (c) (i) If, after examining the official endorsements, there are still more ballots in the
421     ballot box than there are names entered in the pollbook, the judges shall place the remaining
422     ballots back in the ballot box.
423          (ii) One of the judges, without looking, shall draw a number of ballots equal to the
424     excess from the ballot box.
425          (iii) The judges shall put those excess ballots into the excess ballot envelope and not
426     count them.
427          (d) When the ballots in the ballot box equal the number of names entered in the
428     pollbook, the judges shall count the votes.
429          (3) The judges shall:
430          (a) place all unused ballots in the envelope or container provided for return to the

431     county clerk or city recorder; and
432          (b) seal that envelope or container.
433          (4) The judges shall:
434          (a) place all of the provisional ballot envelopes in the envelope provided for them for
435     return to the election officer; and
436          (b) seal that envelope or container.
437          (5) (a) In counting the votes, the election judges shall read and count each ballot
438     separately.
439          (b) In regular primary elections the judges shall:
440          (i) count the number of ballots cast for each party;
441          (ii) place the ballots cast for each party in separate piles; and
442          (iii) count all the ballots for one party before beginning to count the ballots cast for
443     other parties.
444          (6) (a) In all elections, the counting judges shall, except as provided in [Title 20A,
445     Chapter 4,] Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under
446     Subsection 20A-4-101(2)(f)(i):
447          (i) count one vote for each candidate designated by the marks in the squares next to the
448     candidate's name;
449          [(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
450     any candidate for an office for which a vote has been cast for a candidate for the same office
451     upon another ticket by the placing of a mark in the square opposite the name of that candidate
452     on the other ticket;]
453          [(iii)] (ii) count each vote for each write-in candidate who has qualified by filing a
454     declaration of candidacy under Section 20A-9-601;
455          [(iv)] (iii) read every name marked on the ballot and mark every name upon the tally
456     sheets before another ballot is counted;
457          [(v)] (iv) evaluate each ballot and each vote based on the standards and requirements of
458     Section 20A-4-105;
459          [(vi)] (v) write the word "spoiled" on the back of each ballot that lacks the official
460     endorsement and deposit it in the spoiled ballot envelope; and
461          [(vii)] (vi) read, count, and record upon the tally sheets the votes that each candidate

462     and ballot proposition received from all ballots, except excess or spoiled ballots.
463          (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
464     persons clearly not eligible to qualify for office.
465          (c) The judges shall certify to the accuracy and completeness of the tally list in the
466     space provided on the tally list.
467          (d) When the judges have counted all of the voted ballots, they shall record the results
468     on the total votes cast form.
469          (7) Only an election judge and a watcher may be present at the place where counting is
470     conducted until the count is completed.
471          Section 4. Section 20A-4-105 is amended to read:
472          20A-4-105. Standards and requirements for evaluating voter's ballot choices.
473          (1) (a) An election officer shall ensure that when a question arises regarding a vote
474     recorded on a paper ballot, two counting judges jointly adjudicate the ballot, except as
475     otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal Alternate Voting Methods
476     Pilot Project, in accordance with the requirements of this section.
477          (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
478     is adjudicated under this section, the counting judges may not count the vote.
479          (2) Except as provided in Subsection [(11)] (10), Subsection 20A-3-105(5), or [Title
480     20A, Chapter 4,] Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter marks
481     more names than there are individuals to be elected to an office, or if the counting judges
482     cannot determine a voter's choice for an office, the counting judges may not count the voter's
483     vote for that office.
484          (3) Except as otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal Alternate
485     Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark
486     on a paper ballot if:
487          (a) the defective or incomplete mark is in the proper place; and
488          (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
489     other than as indicated by the incomplete or defective mark.
490          [(4) (a) When a voter has marked a ballot so that it appears that the voter has voted
491     more than one straight ticket, the counting judges may not count any votes on the ballot for
492     party candidates.]

493          [(b) The counting judges shall count the remainder of the ballot if the remainder of the
494     ballot is voted correctly.]
495          [(5)] (4) Except as otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal
496     Alternate Voting Methods Pilot Project, the counting judges may not reject a ballot marked by
497     the voter because of marks on the ballot other than those marks allowed by this section unless
498     the extraneous marks on a ballot show an intent by an individual to mark the individual's ballot
499     so that the individual's ballot can be identified.
500          [(6)] (5) (a) In counting the ballots, the counting judges shall give full consideration to
501     the intent of the voter.
502          (b) The counting judges may not invalidate a ballot because of mechanical or technical
503     defects in voting or failure on the part of the voter to follow strictly the rules for balloting
504     required by Chapter 3, Voting.
505          [(7)] (6) The counting judges may not reject a ballot because of an error in:
506          (a) stamping or writing an official endorsement; or
507          (b) delivering the wrong ballots to a polling place.
508          [(8)] (7) The counting judges may not count a paper ballot that does not have the
509     official endorsement by an election officer.
510          [(9)] (8) The counting judges may not count a ballot proposition vote or candidate vote
511     for which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
512          [(10)] (9) If the counting judges discover that the name of a candidate is misspelled on
513     a ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
514     or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
515     apparent that the voter intended to vote for the candidate.
516          [(11)] (10) The counting judges shall count a vote for the president and the vice
517     president of any political party as a vote for the presidential electors selected by the political
518     party.
519          [(12)] (11) Except as otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal
520     Alternate Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a
521     valid write-in vote, a voter has cast more votes for an office than that voter is entitled to vote
522     for that office, the counting judges shall count the valid write-in vote as being the obvious
523     intent of the voter.

524          Section 5. Section 20A-5-302 is amended to read:
525          20A-5-302. Automated voting system.
526          (1) (a) Any county or municipal legislative body or local district board may:
527          (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
528     automated voting system that meets the requirements of this section; and
529          (ii) use that system in any election, in all or a part of the voting precincts within its
530     boundaries, or in combination with paper ballots.
531          (b) Nothing in this title shall be construed to require the use of electronic voting
532     devices in local special elections, municipal primary elections, or municipal general elections.
533          (2) [(a)] Each automated voting system shall:
534          [(i)] (a) provide for voting in secrecy, except in the case of voters who have received
535     assistance as authorized by Section 20A-3-108;
536          [(ii)] (b) permit each voter at any election to:
537          [(A)] (i) vote for all persons and offices for whom and for which that voter is lawfully
538     entitled to vote;
539          [(B)] (ii) vote for as many persons for an office as that voter is entitled to vote; and
540          [(C)] (iii) vote for or against any ballot proposition upon which that voter is entitled to
541     vote;
542          [(iii)] (c) permit each voter, at presidential elections, by one mark or punch to vote for
543     the candidates of that party for president, vice president, and for their presidential electors;
544          [(iv) permit each voter, at any regular general election, to vote for all the candidates of
545     one registered political party by making one mark or punch;]
546          [(v) permit each voter to scratch vote;]
547          [(vi)] (d) at elections other than primary elections, permit each voter to vote for the
548     nominees of one or more parties and for independent candidates;
549          [(vii)] (e) at primary elections:
550          [(A)] (i) permit each voter to vote for candidates of the political party of the voter's
551     choice; and
552          [(B)] (ii) reject any votes cast for candidates of another party;
553          [(viii)] (f) prevent the voter from voting for the same person more than once for the
554     same office;

555          [(ix)] (g) provide the opportunity for each voter to change the ballot and to correct any
556     error before the voter casts the ballot in compliance with the Help America Vote Act of 2002,
557     Pub. L. No. 107-252;
558          [(x)] (h) include automatic tabulating equipment that rejects choices recorded on a
559     voter's ballot if the number of the voter's recorded choices is greater than the number which the
560     voter is entitled to vote for the office or on the measure;
561          [(xi)] (i) be of durable construction, suitably designed so that it may be used safely,
562     efficiently, and accurately in the conduct of elections and counting ballots;
563          [(xii)] (j) when properly operated, record correctly and count accurately each vote cast;
564          [(xiii)] (k) for voting equipment certified after January 1, 2005, produce a permanent
565     paper record that:
566          [(A)] (i) shall be available as an official record for any recount or election contest
567     conducted with respect to an election where the voting equipment is used;
568          [(B) (I)] (ii) (A) shall be available for the voter's inspection prior to the voter leaving
569     the polling place; and
570          [(II)] (B) shall permit the voter to inspect the record of the voter's selections
571     independently only if reasonably practicable commercial methods permitting independent
572     inspection are available at the time of certification of the voting equipment by the lieutenant
573     governor;
574          [(C)] (iii) shall include, at a minimum, human readable printing that shows a record of
575     the voter's selections;
576          [(D)] (iv) may also include machine readable printing which may be the same as the
577     human readable printing; and
578          [(E)] (v) allows a watcher to observe the election process to ensure the integrity of the
579     election process; and
580          [(xiv)] (l) meet the requirements of Section 20A-5-802.
581          [(b)] (3) For the purposes of a recount or an election contest, if the permanent paper
582     record contains a conflict or inconsistency between the human readable printing and the
583     machine readable printing, the human readable printing shall supercede the machine readable
584     printing when determining the intent of the voter.
585          [(c)] (4) Notwithstanding any other provisions of this section, the election officers shall

586     ensure that the ballots to be counted by means of electronic or electromechanical devices are of
587     a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
588     for use in the counting devices in which they are intended to be placed.
589          Section 6. Section 20A-6-301 is amended to read:
590          20A-6-301. Paper ballots -- Regular general election.
591          (1) Each election officer shall ensure that:
592          (a) all paper ballots furnished for use at the regular general election contain:
593          (i) no captions or other endorsements except as provided in this section;
594          (ii) no symbols, markings, or other descriptions of a political party or group, except for
595     a registered political party that has chosen to nominate its candidates in accordance with
596     Section 20A-9-403; and
597          (iii) no indication that a candidate for elective office has been nominated by, or has
598     been endorsed by, or is in any way affiliated with a political party or group, unless the
599     candidate has been nominated by a registered political party in accordance with Subsection
600     20A-9-202(4) or Subsection 20A-9-403(5)[.];
601          (b) immediately below the perforated ballot stub, the following endorsements are
602     printed in 18 point bold type:
603          (i) "Official Ballot for ____ County, Utah";
604          (ii) the date of the election; and
605          (iii) the words "Clerk of __________ County" or, as applicable, the name of a
606     combined office that includes the duties of a county clerk;
607           [(c) the party name or title is printed in capital letters not less than one-fourth of an
608     inch high;]
609          [(d)] (c) unaffiliated candidates, candidates not affiliated with a registered political
610     party, and all other candidates for elective office who were not nominated by a registered
611     political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are
612     listed with the other candidates for the same office in accordance with Section 20A-6-305,
613     without a party name or title, and with a mark referencing the following statement at the
614     bottom of the ticket: "This candidate is not affiliated with, or does not qualify to be listed on
615     the ballot as affiliated with, a political party.";
616          [(e)] (d) each ticket containing the lists of candidates, including the party name and

617     device, are separated by heavy parallel lines;
618          [(f)] (e) the offices to be filled are plainly printed immediately above the names of the
619     candidates for those offices;
620          [(g)] (f) the names of candidates are printed in capital letters, not less than one-eighth
621     nor more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
622     between lines or rules three-eighths of an inch apart; and
623          [(h)] (g) on a ticket for a race in which a voter is authorized to cast a write-in vote and
624     in which a write-in candidate is qualified under Section 20A-9-601:
625          (i) the ballot includes a space for a write-in candidate immediately following the last
626     candidate listed on that ticket; or
627          (ii) for the offices of president and vice president and governor and lieutenant
628     governor, the ballot includes two spaces for write-in candidates immediately following the last
629     candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
630     candidates.
631          (2) Each election officer shall ensure that:
632          (a) each person nominated by any registered political party under Subsection
633     20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:
634          (i) under the registered political party's name, if any; or
635          (ii) under the title of the registered political party as designated by them in their
636     certificates of nomination or petition, or, if none is designated, then under some suitable title;
637          (b) the names of all unaffiliated candidates that qualify as required in [Title 20A,]
638     Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
639          (c) the names of the candidates for president and vice president are used on the ballot
640     instead of the names of the presidential electors; and
641          (d) the ballots contain no other names.
642          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
643     that:
644          (a) the designation of the office to be filled in the election and the number of
645     candidates to be elected are printed in type not smaller than eight point;
646          (b) the words designating the office are printed flush with the left-hand margin;
647          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for

648     which the voter may vote)" extend to the extreme right of the column;
649          (d) the nonpartisan candidates are grouped according to the office for which they are
650     candidates;
651          (e) the names in each group are placed in the order specified under Section 20A-6-305
652     with the surnames last; and
653          (f) each group is preceded by the designation of the office for which the candidates
654     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
655     candidates for which the voter may vote)," according to the number to be elected.
656          (4) Each election officer shall ensure that:
657          (a) proposed amendments to the Utah Constitution are listed on the ballot in
658     accordance with Section 20A-6-107;
659          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
660     with Section 20A-6-107; and
661          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
662     title assigned to each bond proposition under Section 11-14-206.
663          Section 7. Section 20A-6-305 is amended to read:
664          20A-6-305. Master ballot position list -- Random selection -- Procedures --
665     Publication -- Surname -- Exemptions -- Ballot order.
666          (1) As used in this section, "master ballot position list" means an official list of the 26
667     characters in the alphabet listed in random order and numbered from one to 26 as provided
668     under Subsection (2).
669          (2) The lieutenant governor shall:
670          (a) within 30 days after the candidate filing deadline in each even-numbered year,
671     conduct a random selection to create a master ballot position list for all elections in accordance
672     with procedures established under Subsection (2)(c);
673          (b) publish the master ballot position list on the lieutenant governor's election website
674     no later than 15 days after creating the list; and
675          (c) establish written procedures for:
676          (i) the election official to use the master ballot position list; and
677          (ii) the lieutenant governor in:
678          (A) conducting the random selection in a fair manner; and

679          (B) providing a record of the random selection process used.
680          (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
681     election officer shall use the master ballot position list for the current year to determine the
682     order in which to list candidates on the ballot for an election held during the year.
683          (4) To determine the order in which to list candidates on the ballot required under
684     Subsection (3), the election officer shall apply the randomized alphabet using:
685          (a) the candidate's surname;
686          (b) for candidates with a surname that has the same spelling, the candidate's given
687     name; and
688          (c) the surname of the president and the surname of the governor for an election for the
689     offices of president and vice president and governor and lieutenant governor[; and].
690          [(d) if the ballot provides for a ticket or a straight party ticket, the registered political
691     party name.]
692          (5) Subsections (1) through (4) do not apply to:
693          (a) an election for an office for which only one candidate is listed on the ballot; or
694          (b) a judicial retention election under Section 20A-12-201.
695          (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
696     appear separately, in the following order:
697          [(a) a straight party ticket, where the voter may, with one mark, vote for all candidates
698     of one political party;]
699          [(b)] (a) for federal office:
700          (i) president and vice president of the United States;
701          (ii) United States Senate office; and
702          (iii) United States House of Representatives office;
703          [(c)] (b) for state office:
704          (i) governor and lieutenant governor;
705          (ii) attorney general;
706          (iii) state auditor;
707          (iv) state treasurer;
708          (v) state Senate office;
709          (vi) state House of Representatives office; and

710          (vii) State Board of Education member;
711          [(d)] (c) for county office:
712          (i) county executive office;
713          (ii) county legislative body member;
714          (iii) county assessor;
715          (iv) county or district attorney;
716          (v) county auditor;
717          (vi) county clerk;
718          (vii) county recorder;
719          (viii) county sheriff;
720          (ix) county surveyor;
721          (x) county treasurer; and
722          (xi) local school board member;
723          [(e)] (d) for municipal office:
724          (i) mayor; and
725          (ii) city or town council member;
726          [(f)] (e) elected planning and service district council member;
727          [(g)] (f) judicial retention questions; and
728          [(h)] (g) ballot propositions not described in Subsection (6)[(g)](f).
729          (7) (a) A ticket for a race for a combined office shall appear on the ballot in the place
730     of the earliest ballot ticket position that is reserved for an office that is subsumed in the
731     combined office.
732          (b) Each ticket, other than a ticket described in Subsection (6)[(g)](f), shall list:
733          (i) each candidate in accordance with Subsections (1) through (4); and
734          (ii) except as otherwise provided in this title, the party name, initials, or title following
735     each candidate's name.
736          Section 8. Section 20A-9-406 is amended to read:
737          20A-9-406. Qualified political party -- Requirements and exemptions.
738          The following provisions apply to a qualified political party:
739          (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
740     odd-numbered year, certify to the lieutenant governor the identity of one or more registered

741     political parties whose members may vote for the qualified political party's candidates and
742     whether unaffiliated voters may vote for the qualified political party's candidates;
743          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
744     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
745     political party;
746          (3) an individual may only seek the nomination of the qualified political party by using
747     a method described in Section 20A-9-407, Section 20A-9-408, or both;
748          (4) the qualified political party shall comply with the provisions of Sections
749     20A-9-407, 20A-9-408, and 20A-9-409;
750          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)[(f)](e), or (2)(a), each election
751     officer shall ensure that a ballot described in Section 20A-6-301 includes each individual
752     nominated by a qualified political party:
753          (a) under the qualified political party's name , if any; or
754          (b) under the title of the qualified registered political party as designated by the
755     qualified political party in the certification described in Subsection (1), or, if none is
756     designated, then under some suitable title;
757          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
758     paper ballots in regular general elections, that each candidate who is nominated by the qualified
759     political party is listed by party;
760          (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
761     the party designation of each candidate who is nominated by the qualified political party is
762     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
763          (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
764     the party designation of each candidate who is nominated by the qualified political party is
765     displayed adjacent to the candidate's name on an electronic ballot;
766          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
767     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
768     20A-9-408 to run in a regular general election for a federal office, constitutional office,
769     multicounty office, or county office;
770          (10) an individual who is nominated by, or seeking the nomination of, the qualified
771     political party is not required to comply with Subsection 20A-9-201(1)(c);

772          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
773     to have each of the qualified political party's candidates for elective office appear on the
774     primary ballot of the qualified political party with an indication that each candidate is a
775     candidate for the qualified political party;
776          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
777     on the list provided by the lieutenant governor to the county clerks:
778          (a) the names of all candidates of the qualified political party for federal, constitutional,
779     multicounty, and county offices; and
780          (b) the names of unopposed candidates for elective office who have been nominated by
781     the qualified political party and instruct the county clerks to exclude such candidates from the
782     primary-election ballot;
783          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
784     elective office in the regular primary election of the qualified political party is nominated by
785     the party for that office without appearing on the primary ballot; and
786          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
787     20A-9-405, the qualified political party is entitled to have the names of its candidates for
788     elective office featured with party affiliation on the ballot at a regular general election.
789          Section 9. Section 63I-2-220 is amended to read:
790          63I-2-220. Repeal dates -- Title 20A.
791          (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
792          (2) Section 20A-5-804 is repealed July 1, 2023.
793          (3) On January 1, 2019, Subsections 20A-6-107(2) and (4) are repealed and the
794     remaining subsections, and references to those subsections, are renumbered accordingly.
795          (4) On July 1, 2018, in Subsection 20A-11-101(21), the language that states ",
796     10-2a-302," is repealed.
797          (5) On January 1, 2026:
798          (a) In Subsection 20A-1-102(23)(a), the language that states "or Title 20A, Chapter 4,
799     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
800          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
801     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
802     repealed.

803          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
804     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
805     Pilot Project," is repealed.
806          (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
807     Subsection (5)," is repealed.
808          (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
809     as provided in Subsections (5) and (6)," is repealed.
810          (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
811     "Subject to Subsection (5)," is repealed.
812          (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
813     20A-3-105 are renumbered accordingly.
814          (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
815     Subsection (2)(f)," is repealed.
816          (i) Subsection 20A-4-101(2)(f) is repealed.
817          (j) Subsection 20A-4-101(4) is repealed and replaced with the following:
818          "(4) To resolve questions that arise during the counting of ballots, a counting judge
819     shall apply the standards and requirements of Section 20A-4-105.".
820          (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
821     Subsection 20A-4-101(2)(f)(i)" is repealed.
822          (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
823          "(b) To resolve questions that arise during the counting of ballots, a counting judge
824     shall apply the standards and requirements of Section 20A-4-105.".
825          (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
826     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
827     under Subsection 20A-4-101(2)(f)(i)" is repealed.
828          (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
829     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
830     repealed.
831          (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
832     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
833          (p) In Subsections 20A-4-105(3), [(5)] (4), and [(12)] (11), the language that states

834     "Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
835     Methods Pilot Project," is repealed.
836          (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
837     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
838          (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
839     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
840          (s) Subsection 20A-4-304(2)(a)(v) is repealed and replaced with the following:
841          "(v) from each voting precinct:
842          (A) the number of votes for each candidate; and
843          (B) the number of votes for and against each ballot proposition;".
844          (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
845     are renumbered accordingly, and the cross-references to those subsections are renumbered
846     accordingly.
847          (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
848     repealed.
849          (v) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
850     Subsection (3) are renumbered accordingly.
851          (w) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
852     Subsection (4) are renumbered accordingly.
853          (x) Section 20A-6-203.5 is repealed.
854          (y) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
855     otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
856     Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
857          (z) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
858     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
859          (aa) In Subsection 20A-9-404(2), the language that states "Except as otherwise
860     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
861     repealed.
862          Section 10. Section 67-1a-2 is amended to read:
863          67-1a-2. Duties enumerated.
864          (1) The lieutenant governor shall:

865          (a) perform duties delegated by the governor, including assignments to serve in any of
866     the following capacities:
867          (i) as the head of any one department, if so qualified, with the consent of the Senate,
868     and, upon appointment at the pleasure of the governor and without additional compensation;
869          (ii) as the chairperson of any cabinet group organized by the governor or authorized by
870     law for the purpose of advising the governor or coordinating intergovernmental or
871     interdepartmental policies or programs;
872          (iii) as liaison between the governor and the state Legislature to coordinate and
873     facilitate the governor's programs and budget requests;
874          (iv) as liaison between the governor and other officials of local, state, federal, and
875     international governments or any other political entities to coordinate, facilitate, and protect the
876     interests of the state;
877          (v) as personal advisor to the governor, including advice on policies, programs,
878     administrative and personnel matters, and fiscal or budgetary matters; and
879          (vi) as chairperson or member of any temporary or permanent boards, councils,
880     commissions, committees, task forces, or other group appointed by the governor;
881          (b) serve on all boards and commissions in lieu of the governor, whenever so
882     designated by the governor;
883          (c) serve as the chief election officer of the state as required by Subsection (2);
884          (d) keep custody of the Great Seal of Utah;
885          (e) keep a register of, and attest, the official acts of the governor;
886          (f) affix the Great Seal, with an attestation, to all official documents and instruments to
887     which the official signature of the governor is required; and
888          (g) furnish a certified copy of all or any part of any law, record, or other instrument
889     filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
890     it and pays the fee.
891          (2) (a) As the chief election officer, the lieutenant governor shall:
892          (i) exercise general supervisory authority over all elections;
893          (ii) exercise direct authority over the conduct of elections for federal, state, and
894     multicounty officers and statewide or multicounty ballot propositions and any recounts
895     involving those races;

896          (iii) assist county clerks in unifying the election ballot;
897          (iv) (A) prepare election information for the public as required by statute and as
898     determined appropriate by the lieutenant governor; and
899          (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
900     news media on the Internet and in other forms as required by statute or as determined
901     appropriate by the lieutenant governor;
902          (v) receive and answer election questions and maintain an election file on opinions
903     received from the attorney general;
904          (vi) maintain a current list of registered political parties as defined in Section
905     20A-8-101;
906          (vii) maintain election returns and statistics;
907          (viii) certify to the governor the names of those persons who have received the highest
908     number of votes for any office;
909          (ix) ensure that all voting equipment purchased by the state complies with the
910     requirements of [Subsection] Sections 20A-5-302[(2) and Sections], 20A-5-802, and
911     20A-5-803;
912          (x) conduct the study described in Section 67-1a-14;
913          (xi) during a declared emergency, to the extent that the lieutenant governor determines
914     it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
915     relating to:
916          (A) voting on election day;
917          (B) early voting;
918          (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
919          (D) the counting of an absentee ballot or military-overseas ballot; or
920          (E) the canvassing of election returns; and
921          (xii) perform other election duties as provided in Title 20A, Election Code.
922          (b) As chief election officer, the lieutenant governor may not assume the
923     responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
924     officials by Title 20A, Election Code.
925          (3) (a) The lieutenant governor shall:
926          (i) determine a new city's classification under Section 10-2-301 upon the city's

927     incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a City, based on the city's
928     population using the population estimate from the Utah Population Committee; and
929          (ii) (A) prepare a certificate indicating the class in which the new city belongs based on
930     the city's population; and
931          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
932     city's legislative body.
933          (b) The lieutenant governor shall:
934          (i) determine the classification under Section 10-2-301 of a consolidated municipality
935     upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
936     Consolidation of Municipalities, using population information from:
937          (A) each official census or census estimate of the United States Bureau of the Census;
938     or
939          (B) the population estimate from the Utah Population Committee, if the population of a
940     municipality is not available from the United States Bureau of the Census; and
941          (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
942     belongs based on the municipality's population; and
943          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
944     consolidated municipality's legislative body.
945          (c) The lieutenant governor shall:
946          (i) determine a new metro township's classification under Section 10-2-301.5 upon the
947     metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
948     Townships and Unincorporated Islands in a County of the First Class on and after May 12,
949     2015, based on the metro township's population using the population estimates from the Utah
950     Population Committee; and
951          (ii) prepare a certificate indicating the class in which the new metro township belongs
952     based on the metro township's population and, within 10 days after preparing the certificate,
953     deliver a copy of the certificate to the metro township's legislative body.
954          (d) The lieutenant governor shall monitor the population of each municipality using
955     population information from:
956          (i) each official census or census estimate of the United States Bureau of the Census; or
957          (ii) the population estimate from the Utah Population Committee, if the population of a

958     municipality is not available from the United States Bureau of the Census.
959          (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
960     municipality's population has increased beyond the population for its current class, the
961     lieutenant governor shall:
962          (i) prepare a certificate indicating the class in which the municipality belongs based on
963     the increased population figure; and
964          (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
965     legislative body of the municipality whose class has changed.
966          (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
967     municipality's population has decreased below the population for its current class, the
968     lieutenant governor shall send written notification of that fact to the municipality's legislative
969     body.
970          (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
971     population has decreased below the population for its current class, the lieutenant governor
972     shall:
973          (A) prepare a certificate indicating the class in which the municipality belongs based
974     on the decreased population figure; and
975          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
976     legislative body of the municipality whose class has changed.