Senator Daniel McCay proposes the following substitute bill:


1     
AMENDMENTS TO MUNICIPAL ALTERNATE VOTING

2     
METHODS PILOT PROJECT

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Marc K. Roberts

6     
Senate Sponsor: Daniel McCay

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Municipal Alternate Voting Methods Pilot Project.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the date by which a municipality may opt in to participate in the Municipal
14     Alternate Voting Methods Pilot Project (pilot project);
15          ▸     establishes a procedure for a municipality to withdraw the municipality's decision to
16     participate in the pilot project;
17          ▸     establishes a delayed candidate filing period for a race conducted under the
18     provisions of the pilot project;
19          ▸     permits a participating municipality to conduct a primary election using instant
20     runoff voting;
21          ▸     provides that a local political subdivision participating in the Municipal Alternate
22     Voting Methods Pilot Project in 2019 may agree with any other local political
23     subdivision in the state to conduct an election on behalf of the local political
24     subdivision;
25          ▸     modifies provisions relating to the certification of voting equipment; and

26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          10-3-301, as last amended by Laws of Utah 2017, Chapters 91 and 137
34          20A-4-602, as enacted by Laws of Utah 2018, Chapter 187
35          20A-4-603, as enacted by Laws of Utah 2018, Chapter 187
36          20A-5-400.1, as enacted by Laws of Utah 2011, Chapter 310
37          20A-5-802, as renumbered and amended by Laws of Utah 2017, Chapter 32
38          20A-9-203, as last amended by Laws of Utah 2018, Chapters 11 and 365
39          63I-2-220, as last amended by Laws of Utah 2018, Chapters 187 and 458
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 10-3-301 is amended to read:
43          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
44     office -- Mayor and recorder limitations.
45          (1) As used in this section:
46          (a) "Absent" means that an elected municipal officer fails to perform official duties,
47     including the officer's failure to attend each regularly scheduled meeting that the officer is
48     required to attend.
49          (b) "Principal place of residence" means the same as that term is defined in Section
50     20A-2-105.
51          (c) "Secondary residence" means a place where an individual resides other than the
52     individual's principal place of residence.
53          (2) (a) On or before May 1 in a year in which there is a municipal general election, the
54     municipal clerk shall publish a notice that identifies:
55          (i) the municipal offices to be voted on in the municipal general election; and
56          (ii) the dates for filing a declaration of candidacy for the offices identified under

57     Subsection (2)(a)(i).
58          (b) The municipal clerk shall publish the notice described in Subsection (2)(a):
59          (i) on the Utah Public Notice Website established by Section 63F-1-701; and
60          (ii) in at least one of the following ways:
61          (A) at the principal office of the municipality;
62          (B) in a newspaper of general circulation within the municipality at least once a week
63     for two successive weeks in accordance with Section 45-1-101;
64          (C) in a newsletter produced by the municipality;
65          (D) on a website operated by the municipality; or
66          (E) with a utility enterprise fund customer's bill.
67          (3) (a) An individual who files a declaration of candidacy for a municipal office shall
68     comply with the requirements described in Section 20A-9-203.
69          (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
70     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
71     Subsections 20A-9-203(3)(a)(i) and [(b)] (c)(i) unless the date occurs on a:
72          (A) Saturday or Sunday; or
73          (B) state holiday as listed in Section 63G-1-301.
74          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
75     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
76     (3)(b)(i) without maintaining office hours by:
77          (A) posting the recorder's or clerk's contact information, including a phone number and
78     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
79     and, if available, on the municipal website; and
80          (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
81     via the contact information described in Subsection (2)(b)(ii)(A).
82          (4) An individual elected to municipal office shall be a registered voter in the
83     municipality in which the individual is elected.
84          (5) (a) Each elected officer of a municipality shall maintain a principal place of
85     residence within the municipality during the officer's term of office.
86          (b) Except as provided in Subsection (6), an elected municipal office is automatically
87     vacant if the officer elected to the municipal office, during the officer's term of office:

88          (i) establishes a principal place of residence outside the municipality;
89          (ii) resides at a secondary residence outside the municipality for a continuous period of
90     more than 60 days while still maintaining a principal place of residence within the
91     municipality;
92          (iii) is absent from the municipality for a continuous period of more than 60 days; or
93          (iv) fails to respond to a request, within 30 days after the day on which the elected
94     officer receives the request, from the county clerk or the lieutenant governor seeking
95     information to determine the officer's residency.
96          (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
97     consent of the municipal legislative body in accordance with Subsection (6)(b) before the
98     expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
99          (i) reside at a secondary residence outside the municipality while still maintaining a
100     principal place of residence within the municipality for a continuous period of up to one year
101     during the officer's term of office; or
102          (ii) be absent from the municipality for a continuous period of up to one year during
103     the officer's term of office.
104          (b) At a public meeting, the municipal legislative body may give the consent described
105     in Subsection (6)(a) by majority vote after taking public comment regarding:
106          (i) whether the legislative body should give the consent; and
107          (ii) the length of time to which the legislative body should consent.
108          (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
109     treasurer.
110          (b) The recorder of a municipality may not also serve as the municipal treasurer.
111          Section 2. Section 20A-4-602 is amended to read:
112          20A-4-602. Municipal Alternate Voting Methods Pilot Project -- Creation --
113     Participation.
114          (1) There is created the Municipal Alternate Voting Methods Pilot Project.
115          (2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
116          (3) (a) A municipality may participate in the pilot project, in accordance with the
117     requirements of this section and all other applicable provisions of law, during any
118     odd-numbered year that the pilot project is in effect, if, before [January 1] April 15 of the

119     odd-numbered year, the municipality provides written notice to the lieutenant governor:
120          [(a)] (i) stating that the municipality intends to participate in the pilot project for the
121     year specified in the notice; and
122          [(b)] (ii) that includes a document, signed by the election officer of the municipality,
123     stating that the municipality has the resources and capability necessary to participate in the
124     pilot project.
125          (b) A municipality that provides the notice of intent described in Subsection (3)(a) may
126     withdraw the notice of intent, and not participate in the pilot project, if the municipality
127     provides written notice of withdrawal to the lieutenant governor before April 15.
128          (4) The lieutenant governor shall maintain, in a prominent place on the lieutenant
129     governor's website, a current list of the municipalities that are participating in the pilot project.
130          (5) (a) An election officer of a participating municipality shall, in accordance with the
131     provisions of this part, conduct a multi-candidate race during the municipal general election
132     using instant runoff voting.
133          (b) [An] Except as provided in Subsection 20A-4-603(9), an election officer of a
134     participating municipality that will conduct a multi-candidate race under Subsection (5)(a) may
135     not conduct a municipal primary election relating to that race.
136          (c) A municipality that has in effect an ordinance described in Subsection
137     20A-9-404(3) or (4) may not participate in the pilot project.
138          (6) Except for an election described in Subsection 20A-4-603(9), an individual who
139     files a declaration of candidacy or a nomination petition, for a candidate who will run in an
140     election described in this part, shall file the declaration of candidacy or nomination petition
141     during the office hours described in Section 10-3-301 and not later than the close of those
142     office hours, no sooner than the second Tuesday in August and no later than the third Tuesday
143     in August of an odd-numbered year.
144          Section 3. Section 20A-4-603 is amended to read:
145          20A-4-603. Instant runoff voting.
146          (1) In a multi-candidate race, the election officer for a participating municipality shall:
147          (a) (i) conduct the first ballot-counting phase by counting the valid first preference
148     votes for each candidate; and
149          (ii) if, after complying with Subsection (5), one of the candidates receives more than

150     50% of the valid first preference votes counted, declare that candidate elected;
151          (b) if, after counting the valid first preference votes for each candidate, and complying
152     with Subsection (5), no candidate receives more than 50% of the valid first preference votes
153     counted, conduct the second ballot-counting phase by:
154          (i) excluding from the multi-candidate race:
155          (A) the candidate who received the fewest valid first preference votes counted; or
156          (B) in the event of a tie for the fewest valid first preference votes counted, one of the
157     tied candidates, determined by the tied election officer by lot, in accordance with Subsection
158     (6);
159          (ii) adding, to the valid first preference votes counted for the remaining candidates, the
160     valid second preference votes cast for the remaining candidates by the voters who cast a valid
161     first preference vote for the excluded candidate; and
162          (iii) if, after adding the votes in accordance with Subsection (1)(b)(ii) and complying
163     with Subsection (5), one candidate receives more than 50% of the valid votes counted,
164     declaring that candidate elected; and
165          (c) if, after adding the valid second preference votes in accordance with Subsection
166     (1)(b)(ii) and complying with Subsection (5), no candidate receives more than 50% of the valid
167     votes counted, conduct subsequent ballot-counting phases by continuing the process described
168     in Subsection (1)(b) until a candidate receives more than 50% of the valid votes counted, as
169     follows:
170          (i) after complying with Subsection (5), excluding from consideration the candidate
171     who has the fewest valid votes counted or, in the event of a tie for the fewest valid votes
172     counted, excluding one of the tied candidates, by lot, in accordance with Subsection (6); and
173          (ii) adding the next valid preference vote cast by each voter whose vote was counted
174     for the last excluded candidate to one of the remaining candidates, in the order of the next
175     preference indicated by the voter.
176          (2) The election officer shall declare elected the first candidate who receives more than
177     50% of the valid votes counted under the process described in Subsection (1).
178          (3) (a) A vote is valid for a particular phase of a multi-candidate race only if the voter
179     indicates the voter's preference for that phase and all previous phases.
180          (b) A vote is not valid for a particular phase of a multi-candidate race, and for all

181     subsequent phases, if the voter indicates the same rank for more than one candidate for that
182     phase.
183          (4) The election officer shall order a recount of the valid votes in the applicable
184     ballot-counting phase if one candidate appears to have received at least 50% of the vote, and
185     the difference between the number of votes counted for the candidate who received the most
186     valid votes for the applicable ballot-counting phase and any other candidate in the race is equal
187     to or less than the product of the following, rounded up to the nearest whole number:
188          (a) the total number of voters who cast a valid vote that is counted in the applicable
189     ballot-counting phase of the race; and
190          (b) the recount threshold.
191          (5) Before excluding a candidate from a multi-candidate race under Subsection (1), the
192     election officer shall order a recount of the valid votes counted in the applicable
193     ballot-counting phase if the difference between the number of votes counted for the candidate
194     who received the fewest valid votes in the applicable ballot-counting phase of the race and any
195     other candidate in the race is equal to or less than the product of the following, rounded up to
196     the nearest whole number:
197          (a) the total number of voters who cast a valid vote counted in that ballot-counting
198     phase; and
199          (b) the recount threshold.
200          (6) For each ballot-counting phase after the first phase, if, after a recount is completed
201     under Subsection (5), two or more candidates tie as having received the fewest valid votes
202     counted at that point in the ballot count, the election officer shall eliminate one of those
203     candidates from consideration, by lot, in the following manner:
204          (a) determine the names of the candidates who tie as having received the fewest valid
205     votes for that ballot-counting phase;
206          (b) cast the lot in the presence of at least two election officials and any counting poll
207     watchers who are present and desire to witness the casting of the lot; and
208          (c) sign a public document that:
209          (i) certifies the method used for casting the lot and the result of the lot; and
210          (ii) includes the name of each individual who witnessed the casting of the lot.
211          (7) In a multi-candidate race for an at-large office, where the number of candidates

212     who qualify for the race exceeds the total number of at-large seats to be filled for the office, the
213     election officer shall count the votes by:
214          (a) except as provided in Subsection (8), counting votes in the same manner as
215     described in Subsections (1) through (6), until a candidate is declared elected;
216          (b) repeating the process described in Subsection (7)(a) for all candidates that are not
217     declared elected until another candidate is declared elected; and
218          (c) continuing the process described in Subsection (7)(b) until all at-large seats in the
219     race are filled.
220          (8) After a candidate is declared elected under Subsection (7), the election officer shall,
221     in repeating the process described in Subsections (1) through (6) to declare the next candidate
222     elected, add to the vote totals the next valid preference vote of each voter whose vote was
223     counted for a candidate already declared elected.
224          (9) An election officer for a participating municipality may choose to conduct a
225     primary election by using instant runoff voting in the manner described in Subsections (1)
226     through (6), except that:
227          (a) instead of determining whether a candidate receives more than 50% of the valid
228     preference votes for a particular ballot-counting phase, the election officer shall proceed to a
229     subsequent ballot-counting stage, and exclude the candidate who receives the fewest valid
230     preference votes in that phase, until twice the number of seats to be filled in the race remain;
231     and
232          (b) after complying with Subsection (9)(a), the election officer shall declare the
233     remaining candidates nominated to participate in the municipal general election.
234          Section 4. Section 20A-5-400.1 is amended to read:
235          20A-5-400.1. Contracting with an election officer to conduct elections -- Fees --
236     Contracts and interlocal agreements -- Private providers.
237          (1) (a) In accordance with this section, a local political subdivision may enter into a
238     contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation
239     Act, with a provider election officer to conduct an election.
240          (b) If the boundaries of a local political subdivision holding the election extend beyond
241     a single local political subdivision, the local political subdivision may have more than one
242     provider election officer conduct an election.

243          (c) Subject to Subsection (1)(d), and upon approval by the lieutenant governor, a
244     municipality may enter into a contract or agreement under Subsection (1)(a) with any local
245     political subdivision in the state, regardless of whether the municipality is located in, next to, or
246     near, the local political subdivision, to conduct an election during which the municipality is
247     participating in the Municipal Alternate Voting Methods Pilot Project.
248          (d) (i) Subsection (1)(c) only applies to an election held in 2019.
249          (ii) If a municipality enters into a contract or agreement, under Subsection (1)(c), with
250     a local political subdivision other than a county within which the municipality exists, the
251     municipality, the local political subdivision, and the county within which the municipality
252     exists shall enter into a cooperative agreement to ensure the proper functioning of the election.
253          (2) A provider election officer shall conduct an election:
254          (a) under the direction of the contracting election officer; and
255          (b) in accordance with a contract or interlocal agreement.
256          (3) A provider election officer shall establish fees for conducting an election for a
257     contracting election officer that:
258          (a) are consistent with the contract or interlocal agreement; and
259          (b) do not exceed the actual costs incurred by the provider election officer.
260          (4) The contract or interlocal agreement under this section may specify that a
261     contracting election officer request, within a specified number of days before the election, that
262     the provider election officer conduct the election to allow adequate preparations by the
263     provider election officer.
264          (5) An election officer conducting an election may appoint or employ an agent or
265     professional service to assist in conducting the election.
266          Section 5. Section 20A-5-802 is amended to read:
267          20A-5-802. Certification of voting equipment.
268          (1) For the voting equipment used in the jurisdiction over which an election officer has
269     authority, the election officer shall:
270          (a) before each election, use logic and accuracy tests to ensure that the voting
271     equipment performs the voting equipment's functions accurately;
272          (b) develop and implement a procedure to protect the physical security of the voting
273     equipment; and

274          (c) ensure that the voting equipment is certified by the lieutenant governor under
275     Subsection (2) as having met the requirements of this section.
276          (2) (a) Except as provided in Subsection (2)(b)(ii):
277          (i) [The] the lieutenant governor shall ensure that all voting equipment used in the state
278     is independently tested using security testing protocols and standards that:
279          [(i)] (A) are generally accepted in the industry at the time the lieutenant governor
280     reviews the voting equipment for certification; and
281          [(ii)] (B) meet the requirements of Subsection [(2)(b).] (2)(a)(ii);
282          [(b)] (ii) [The] the testing protocols and standards described in Subsection (2)(a)(i)
283     shall require that a voting system:
284          [(i)] (A) is accurate and reliable;
285          [(ii)] (B) possesses established and maintained access controls;
286          [(iii)] (C) has not been fraudulently manipulated or tampered with;
287          [(iv)] (D) is able to identify fraudulent or erroneous changes to the voting equipment;
288     and
289          [(v)] (E) protects the secrecy of a voter's ballot[.]; and
290          [(c)] (iii) The lieutenant governor may comply with the requirements of Subsection
291     (2)(a) by certifying voting equipment that has been certified by:
292          [(i)] (A) the United States Election Assistance Commission; or
293          [(ii)] (B) a laboratory that has been accredited by the United States Election Assistance
294     Commission to test voting equipment.
295          [(d)] (b) (i) Voting equipment used in the state may include technology that allows for
296     ranked-choice voting.
297          (ii) The lieutenant governor may, for voting equipment used for ranked-choice voting
298     under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify
299     voting equipment that has been successfully used within the United States or a territory of the
300     United States for ranked-choice voting for a race for federal office.
301          Section 6. Section 20A-9-203 is amended to read:
302          20A-9-203. Declarations of candidacy -- Municipal general elections.
303          (1) An individual may become a candidate for any municipal office if:
304          (a) the individual is a registered voter; and

305          (b) (i) the individual has resided within the municipality in which the individual seeks
306     to hold elective office for the 12 consecutive months immediately before the date of the
307     election; or
308          (ii) the territory in which the individual resides was annexed into the municipality, the
309     individual has resided within the annexed territory or the municipality the 12 consecutive
310     months immediately before the date of the election.
311          (2) (a) For purposes of determining whether an individual meets the residency
312     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
313     before the election, the municipality is considered to have been incorporated 12 months before
314     the date of the election.
315          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
316     council position shall, if elected from a district, be a resident of the council district from which
317     the candidate is elected.
318          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
319     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
320     against the elective franchise may not hold office in this state until the right to hold elective
321     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
322          (3) (a) An individual seeking to become a candidate for a municipal office shall,
323     regardless of the nomination method by which the individual is seeking to become a candidate:
324          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
325     Alternate Voting Methods Pilot Project, file a declaration of candidacy, in person with the city
326     recorder or town clerk, during the office hours described in Section 10-3-301 and not later than
327     the close of those office hours, between June 1 and June 7 of any odd-numbered year; and
328          (ii) pay the filing fee, if one is required by municipal ordinance.
329          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
330     declaration of candidacy with the city recorder or town clerk if:
331          (i) the individual is located outside of the state during the entire filing period;
332          (ii) the designated agent appears in person before the city recorder or town clerk;
333          (iii) the individual communicates with the city recorder or town clerk using an
334     electronic device that allows the individual and city recorder or town clerk to see and hear each
335     other; and

336          (iv) the individual provides the city recorder or town clerk with an email address to
337     which the city recorder or town clerk may send the individual the copies described in
338     Subsection (4).
339          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
340          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
341     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
342     the office hours described in Section 10-3-301 and not later than the close of those office
343     hours, between June 1 and June 7 of any odd-numbered year; and
344          (ii) paying the filing fee, if one is required by municipal ordinance.
345          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
346     petition, the filing officer shall:
347          (i) read to the prospective candidate or individual filing the petition the constitutional
348     and statutory qualification requirements for the office that the candidate is seeking; and
349          (ii) require the candidate or individual filing the petition to state whether the candidate
350     meets those requirements.
351          (b) If the prospective candidate does not meet the qualification requirements for the
352     office, the filing officer may not accept the declaration of candidacy or nomination petition.
353          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
354     filing officer shall:
355          (i) inform the candidate that the candidate's name will appear on the ballot as it is
356     written on the declaration of candidacy;
357          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
358     for the office the candidate is seeking and inform the candidate that failure to comply will
359     result in disqualification as a candidate and removal of the candidate's name from the ballot;
360          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
361     Electronic Voter Information Website Program and inform the candidate of the submission
362     deadline under Subsection 20A-7-801(4)(a);
363          (iv) provide the candidate with a copy of the pledge of fair campaign practices
364     described under Section 20A-9-206 and inform the candidate that:
365          (A) signing the pledge is voluntary; and
366          (B) signed pledges shall be filed with the filing officer; and

367          (v) accept the declaration of candidacy or nomination petition.
368          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
369     officer shall:
370          (i) accept the candidate's pledge; and
371          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
372     candidate's pledge to the chair of the county or state political party of which the candidate is a
373     member.
374          (5) (a) The declaration of candidacy shall be in substantially the following form:
375          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
376     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
377     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
378     the legal qualifications required of candidates for this office. If filing via a designated agent, I
379     attest that I will be out of the state of Utah during the entire candidate filing period. I will file
380     all campaign financial disclosure reports as required by law and I understand that failure to do
381     so will result in my disqualification as a candidate for this office and removal of my name from
382     the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
383     _______________
384          Subscribed and sworn to (or affirmed) before me by ____ on this
385     __________(month\day\year).
386          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
387          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
388     not sign the form described in Subsection (5)(a).
389          (6) If the declaration of candidacy or nomination petition fails to state whether the
390     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
391     for the four-year term.
392          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
393     voters.
394          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
395     print the candidate's name on the ballot.
396          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
397     clerk shall:

398          (a) cause the names of the candidates as they will appear on the ballot to be published:
399          (i) in at least two successive publications of a newspaper with general circulation in the
400     municipality; and
401          (ii) as required in Section 45-1-101; and
402          (b) notify the lieutenant governor of the names of the candidates as they will appear on
403     the ballot.
404          (9) Except as provided in Subsection (10)(c), an individual may not amend a
405     declaration of candidacy or nomination petition filed under this section after the candidate
406     filing period ends.
407          (10) (a) A declaration of candidacy or nomination petition that an individual files under
408     this section is valid unless a person files a written objection with the clerk within five days
409     after the last day for filing.
410          (b) If a person files an objection, the clerk shall:
411          (i) mail or personally deliver notice of the objection to the affected candidate
412     immediately; and
413          (ii) decide any objection within 48 hours after the objection is filed.
414          (c) If the clerk sustains the objection, the candidate may, within three days after the day
415     on which the clerk sustains the objection, correct the problem for which the objection is
416     sustained by amending the candidate's declaration of candidacy or nomination petition, or by
417     filing a new declaration of candidacy.
418          (d) (i) The clerk's decision upon objections to form is final.
419          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
420     prompt application is made to the district court.
421          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
422     of its discretion, agrees to review the lower court decision.
423          (11) A candidate who qualifies for the ballot under this section may withdraw as a
424     candidate by filing a written affidavit with the municipal clerk.
425          Section 7. Section 63I-2-220 is amended to read:
426          63I-2-220. Repeal dates -- Title 20A.
427          (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
428          (2) Section 20A-5-804 is repealed July 1, 2023.

429          [(3) On January 1, 2019, Subsections 20A-6-107(2) and (4) are repealed and the
430     remaining subsections, and references to those subsections, are renumbered accordingly.]
431          [(4) On July 1, 2018, in Subsection 20A-11-101(21), the language that states ",
432     10-2a-302," is repealed.]
433          [(5)] (3) On January 1, 2026:
434          (a) In Subsection 20A-1-102(23)(a), the language that states "or Title 20A, Chapter 4,
435     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
436          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
437     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
438     repealed.
439          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
440     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
441     Pilot Project," is repealed.
442          (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
443     Subsection (5)," is repealed.
444          (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
445     as provided in Subsections (5) and (6)," is repealed.
446          (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
447     "Subject to Subsection (5)," is repealed.
448          (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
449     20A-3-105 are renumbered accordingly.
450          (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
451     Subsection (2)(f)," is repealed.
452          (i) Subsection 20A-4-101(2)(f) is repealed.
453          (j) Subsection 20A-4-101(4) is repealed and replaced with the following:
454          "(4) To resolve questions that arise during the counting of ballots, a counting judge
455     shall apply the standards and requirements of Section 20A-4-105.".
456          (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
457     Subsection 20A-4-101(2)(f)(i)" is repealed.
458          (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
459          "(b) To resolve questions that arise during the counting of ballots, a counting judge

460     shall apply the standards and requirements of Section 20A-4-105.".
461          (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
462     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
463     under Subsection 20A-4-101(2)(f)(i)" is repealed.
464          (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
465     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
466     repealed.
467          (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
468     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
469          (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
470     otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
471     Project," is repealed.
472          (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
473     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
474          (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
475     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
476          (s) Subsection 20A-4-304(2)(a)(v) is repealed and replaced with the following:
477          "(v) from each voting precinct:
478          (A) the number of votes for each candidate; and
479          (B) the number of votes for and against each ballot proposition;".
480          (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
481     are renumbered accordingly, and the cross-references to those subsections are renumbered
482     accordingly.
483          (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
484     repealed.
485          (v) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
486     subdivision to conduct an election, is repealed.
487          [(v)] (w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
488     Subsection (3) are renumbered accordingly.
489          [(w)] (x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
490     Subsection (4) are renumbered accordingly.

491          (y) In Section 20A-5-802, relating to the certification of voting equipment:
492          (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
493     Subsection (2); and
494          (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
495     accordingly.
496          [(x)] (z) Section 20A-6-203.5 is repealed.
497          [(y)] (aa) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states
498     "Except as otherwise required for a race conducted by instant runoff voting under Title 20A,
499     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
500          (bb) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
501     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
502          (cc) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
503     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
504          [(z)] (dd) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A,
505     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
506          [(aa)] (ee) In Subsection 20A-9-404(2), the language that states "Except as otherwise
507     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
508     repealed.
509          Section 8. Effective date.
510          If approved by two-thirds of all the members elected to each house, this bill takes effect
511     upon approval by the governor, or the day following the constitutional time limit of Utah
512     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
513     the date of veto override.