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
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:
20 Other Special Clauses:
22 Utah Code Sections Affected:
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
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
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
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
103 (22) "Elected official" means:
104 (a) a person elected to an office under Section 20A-1-303 or [
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
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
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
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
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.
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.
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.
269 or the Legislature in which all registered voters in Utah may vote.
272 officer to the poll workers when the official ballots are lost or stolen.
274 (a) political parties;
275 (b) candidates for an office; or
276 (c) ballot propositions.
278 counting center.
280 by statute, whether that absence occurs because of death, disability, disqualification,
281 resignation, or other cause.
283 (a) a form of identification that bears the name and photograph of the voter which may
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 [
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
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.
319 write-in candidate by following the procedures and requirements of this title.
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.
326 Section 20A-2-102.5.
328 machines, and ballot box.
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.
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.
343 recording and tabulating votes cast by voters at an election.
345 law within which qualified voters vote at one polling place.
347 described in Section 20A-3-201 to become a watcher for an election.
349 Chapter 9, Part 8, Western States Presidential Primary.
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.
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
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.
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 [
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
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
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 [
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;
454 declaration of candidacy under Section 20A-9-601;
456 sheets before another ballot is counted;
458 Section 20A-4-105;
460 endorsement and deposit it in the spoiled ballot envelope; and
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 [
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 [
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 [
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.
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.
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.
506 (a) stamping or writing an official endorsement; or
507 (b) delivering the wrong ballots to a polling place.
509 official endorsement by an election officer.
511 for which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
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.
517 president of any political party as a vote for the presidential electors selected by the political
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) [
535 assistance as authorized by Section 20A-3-108;
538 entitled to vote;
543 the candidates of that party for president, vice president, and for their presidential electors;
548 nominees of one or more parties and for independent candidates;
551 choice; and
554 same office;
556 error before the voter casts the ballot in compliance with the Help America Vote Act of 2002,
557 Pub. L. No. 107-252;
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;
562 efficiently, and accurately in the conduct of elections and counting ballots;
565 paper record that:
567 conducted with respect to an election where the voting equipment is used;
569 the polling place; and
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
575 the voter's selections;
577 human readable printing; and
579 election process; and
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.
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;
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.";
617 device, are separated by heavy parallel lines;
619 candidates for those offices;
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
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
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 [
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
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
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[
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:
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;
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;
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;
724 (i) mayor; and
725 (ii) city or town council member;
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)[
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)[
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
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
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), [
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
847 (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
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
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
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 [
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;
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
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
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.