This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 5, 2020 at 10:52 AM by lpoole.
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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote: 11 voting for 0 voting against 5 absent
11 General Description:
12 This bill modifies the Election Code to reflect current practices and technology in
13 elections.
14 Highlighted Provisions:
15 This bill:
16 ▸ modifies and defines terms;
17 ▸ addresses types, forms, disposition, and counting of ballots;
18 ▸ addresses the completion, security, verification, handling, and storage of ballots,
19 forms, and other items used in elections;
20 ▸ replaces state absentee ballots with mailed ballots;
21 ▸ provides for emergency ballots;
22 ▸ modifies the duties of election officers, other government officers, and governing
23 bodies in relation to elections;
24 ▸ modifies criminal provisions relating to elections;
25 ▸ modifies and standardizes voter registration deadlines;
26 ▸ modifies voter registration forms, requirements, and procedures;
27 ▸ recodifies and amends voting requirements and procedures;
28 ▸ modifies electioneering restrictions;
29 ▸ modifies provisions relating to appointing poll workers and the functions of poll
30 workers;
31 ▸ modifies voter eligibility challenge provisions;
32 ▸ amends provisions relating to a board of canvassers;
33 ▸ addresses ballot drop boxes;
34 ▸ repeals outdated provisions; and
35 ▸ makes technical and conforming changes.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 11-14-202, as last amended by Laws of Utah 2019, Chapter 255
43 11-14-203, as last amended by Laws of Utah 2019, Chapter 433
44 11-14-204, as renumbered and amended by Laws of Utah 2005, Chapter 105
45 11-14-206, as last amended by Laws of Utah 2017, Chapter 157
46 17B-1-306, as last amended by Laws of Utah 2019, Chapter 255
47 20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
48 20A-1-308, as enacted by Laws of Utah 2013, Chapters 182, 219 and last amended by
49 Coordination Clause, Laws of Utah 2013, Chapter 182
50 20A-1-403, as enacted by Laws of Utah 1993, Chapter 1
51 20A-1-601, as last amended by Laws of Utah 2018, Chapter 19
52 20A-1-602, as last amended by Laws of Utah 2018, Chapter 19
53 20A-1-603, as last amended by Laws of Utah 2018, Chapter 19
54 20A-1-604, as last amended by Laws of Utah 2018, Chapter 19
55 20A-1-605, as last amended by Laws of Utah 2018, Chapter 19
56 20A-1-607, as last amended by Laws of Utah 2018, Chapter 274
57 20A-1-609, as last amended by Laws of Utah 2019, Chapter 210
58 20A-2-102.5, as last amended by Laws of Utah 2018, Chapter 206
59 20A-2-108, as last amended by Laws of Utah 2018, Chapters 206 and 270
60 20A-2-201, as last amended by Laws of Utah 2018, Chapters 206 and 281
61 20A-2-202, as last amended by Laws of Utah 2019, Chapter 255
62 20A-2-204, as last amended by Laws of Utah 2019, Chapters 136 and 255
63 20A-2-205, as last amended by Laws of Utah 2019, Chapter 255
64 20A-2-206, as last amended by Laws of Utah 2018, Chapter 206
65 20A-2-207, as enacted by Laws of Utah 2018, Chapter 206
66 20A-2-300.5, as enacted by Laws of Utah 1994, Chapter 311
67 20A-2-301, as last amended by Laws of Utah 2019, Chapter 255
68 20A-2-302, as last amended by Laws of Utah 2015, Chapter 130
69 20A-2-304, as last amended by Laws of Utah 2018, Chapter 206
70 20A-2-307, as last amended by Laws of Utah 2018, Chapter 206
71 20A-4-101, as last amended by Laws of Utah 2018, Chapters 187 and 274
72 20A-4-102, as last amended by Laws of Utah 2018, Chapters 187 and 274
73 20A-4-103, as last amended by Laws of Utah 2018, Chapter 281
74 20A-4-104, as last amended by Laws of Utah 2019, Chapter 255
75 20A-4-105, as last amended by Laws of Utah 2018, Chapter 187
76 20A-4-106, as last amended by Laws of Utah 2018, Chapter 187
77 20A-4-107, as last amended by Laws of Utah 2019, Chapter 255
78 20A-4-201, as last amended by Laws of Utah 2019, Chapter 255
79 20A-4-202, as last amended by Laws of Utah 2019, Chapter 255
80 20A-4-303, as last amended by Laws of Utah 2002, Chapter 133
81 20A-4-401, as last amended by Laws of Utah 2019, Chapter 255
82 20A-5-102, as last amended by Laws of Utah 2019, Chapter 433
83 20A-5-205, as last amended by Laws of Utah 2006, Chapter 326
84 20A-5-206, as last amended by Laws of Utah 2012, Chapter 251
85 20A-5-302, as last amended by Laws of Utah 2018, Chapter 274
86 20A-5-401, as last amended by Laws of Utah 2019, Chapter 433
87 20A-5-403, as last amended by Laws of Utah 2017, Chapter 108
88 20A-5-404, as last amended by Laws of Utah 2018, Chapter 187
89 20A-5-405, as last amended by Laws of Utah 2019, Chapter 255
90 20A-5-406, as last amended by Laws of Utah 2018, Chapter 274
91 20A-5-407, as last amended by Laws of Utah 2007, Chapter 329
92 20A-5-408, as enacted by Laws of Utah 1993, Chapter 1
93 20A-5-601, as last amended by Laws of Utah 2019, Chapter 433
94 20A-5-602, as last amended by Laws of Utah 2014, Chapters 31, 391 and last amended
95 by Coordination Clause, Laws of Utah 2014, Chapter 31
96 20A-5-603, as last amended by Laws of Utah 2007, Chapter 75
97 20A-5-605, as last amended by Laws of Utah 2019, Chapter 255
98 20A-5-801, as enacted by Laws of Utah 2017, Chapter 32
99 20A-5-804, as enacted by Laws of Utah 2017, Chapter 32
100 20A-6-101, as last amended by Laws of Utah 2016, Chapter 66
101 20A-6-102, as last amended by Laws of Utah 2018, Chapter 274
102 20A-6-105, as last amended by Laws of Utah 2018, Chapters 206 and 270
103 20A-6-203, as last amended by Laws of Utah 2006, Chapter 326
104 20A-6-301, as last amended by Laws of Utah 2018, Chapter 274
105 20A-6-302, as last amended by Laws of Utah 2019, Chapter 255
106 20A-6-304, as last amended by Laws of Utah 2016, Chapter 66
107 20A-6-401, as last amended by Laws of Utah 2018, Chapter 274
108 20A-6-401.1, as last amended by Laws of Utah 2018, Chapter 274
109 20A-6-402, as last amended by Laws of Utah 2018, Chapters 187 and 274
110 20A-7-607, as last amended by Laws of Utah 2019, Chapter 203
111 20A-7-609.5, as last amended by Laws of Utah 2019, Chapter 203
112 20A-7-613, as last amended by Laws of Utah 2019, Chapters 203 and 255
113 20A-7-702, as last amended by Laws of Utah 2018, Chapter 80 and last amended by
114 Coordination Clause, Laws of Utah 2018, Chapter 403
115 20A-7-801, as last amended by Laws of Utah 2019, Chapter 255
116 20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
117 20A-9-806, as last amended by Laws of Utah 2019, Chapter 433
118 20A-9-808, as last amended by Laws of Utah 2019, Chapter 433
119 20A-11-206, as last amended by Laws of Utah 2019, Chapter 74
120 20A-11-305, as last amended by Laws of Utah 2016, Chapter 16
121 20A-11-1305, as last amended by Laws of Utah 2018, Chapter 19
122 20A-16-202, as renumbered and amended by Laws of Utah 2011, Chapter 327
123 20A-16-401, as last amended by Laws of Utah 2013, Chapter 198
124 20A-16-406, as last amended by Laws of Utah 2012, Chapter 369
125 20A-16-407, as last amended by Laws of Utah 2011, Chapter 366 and renumbered and
126 amended by Laws of Utah 2011, Chapter 327
127 63I-2-220, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
128 ENACTS:
129 20A-3a-101, Utah Code Annotated 1953
130 20A-3a-201, Utah Code Annotated 1953
131 20A-3a-204, Utah Code Annotated 1953
132 20A-3a-502, Utah Code Annotated 1953
133 20A-5-403.5, Utah Code Annotated 1953
134 RENUMBERS AND AMENDS:
135 20A-3a-102, (Renumbered from 20A-3-101, as last amended by Laws of Utah 2019,
136 Chapter 433)
137 20A-3a-103, (Renumbered from 20A-3-101.5, as last amended by Laws of Utah 2019,
138 Chapter 433)
139 20A-3a-104, (Renumbered from 20A-3-102, as last amended by Laws of Utah 2007,
140 Chapter 329)
141 20A-3a-105, (Renumbered from 20A-3-103, as enacted by Laws of Utah 1993, Chapter
142 1)
143 20A-3a-202, (Renumbered from 20A-3-302, as last amended by Laws of Utah 2019,
144 Chapter 255)
145 20A-3a-203, (Renumbered from 20A-3-104, as last amended by Laws of Utah 2010,
146 Chapter 197)
147 20A-3a-205, (Renumbered from 20A-3-105.5, as last amended by Laws of Utah 2013,
148 Chapter 390)
149 20A-3a-206, (Renumbered from 20A-3-106, as last amended by Laws of Utah 2019,
150 Chapter 142)
151 20A-3a-207, (Renumbered from 20A-3-107, as last amended by Laws of Utah 2007,
152 Chapter 75)
153 20A-3a-208, (Renumbered from 20A-3-108, as last amended by Laws of Utah 2011,
154 Chapter 366)
155 20A-3a-209, (Renumbered from 20A-3-109, as last amended by Laws of Utah 2007,
156 Chapter 75)
157 20A-3a-301, (Renumbered from 20A-3-306.5, as last amended by Laws of Utah 2019,
158 Chapter 255)
159 20A-3a-401, (Renumbered from 20A-3-308, as last amended by Laws of Utah 2018,
160 Chapter 274 and last amended by Coordination Clause, Laws of Utah 2018, Chapter
161 464)
162 20A-3a-402, (Renumbered from 20A-3-309, as last amended by Laws of Utah 2016,
163 Chapter 37)
164 20A-3a-403, (Renumbered from 20A-3-310, as enacted by Laws of Utah 1993, Chapter
165 1)
166 20A-3a-501, (Renumbered from 20A-3-501, as last amended by Laws of Utah 2007,
167 Chapters 75 and 329)
168 20A-3a-503, (Renumbered from 20A-3-503, as enacted by Laws of Utah 1993, Chapter
169 1)
170 20A-3a-504, (Renumbered from 20A-3-504, as last amended by Laws of Utah 2015,
171 Chapter 55)
172 20A-3a-505, (Renumbered from 20A-3-505, as last amended by Laws of Utah 2008,
173 Chapter 276)
174 20A-3a-506, (Renumbered from 20A-3-506, as enacted by Laws of Utah 2006, Chapter
175 15)
176 20A-3a-601, (Renumbered from 20A-3-601, as last amended by Laws of Utah 2018,
177 Chapters 195, 206, and 281)
178 20A-3a-602, (Renumbered from 20A-3-602, as last amended by Laws of Utah 2019,
179 Chapter 73)
180 20A-3a-603, (Renumbered from 20A-3-603, as last amended by Coordination Clause,
181 Laws of Utah 2018, Chapter 403)
182 20A-3a-604, (Renumbered from 20A-3-604, as last amended by Laws of Utah 2019,
183 Chapter 255)
184 20A-3a-605, (Renumbered from 20A-3-605, as last amended by Laws of Utah 2018,
185 Chapter 206)
186 20A-3a-701, (Renumbered from 20A-3-701, as enacted by Laws of Utah 2011, Chapter
187 291)
188 20A-3a-702, (Renumbered from 20A-3-702, as last amended by Laws of Utah 2018,
189 Chapter 274)
190 20A-3a-703, (Renumbered from 20A-3-703, as last amended by Coordination Clause,
191 Laws of Utah 2018, Chapter 403)
192 20A-3a-801, (Renumbered from 20A-3-201, as repealed and reenacted by Laws of Utah
193 2018, Chapter 274)
194 20A-3a-802, (Renumbered from 20A-3-201.5, as enacted by Laws of Utah 2010,
195 Chapter 83)
196 20A-3a-803, (Renumbered from 20A-3-202, as last amended by Laws of Utah 2019,
197 Chapter 433)
198 20A-3a-804, (Renumbered from 20A-3-202.3, as last amended by Laws of Utah 2018,
199 Chapters 195 and 274)
200 20A-3a-805, (Renumbered from 20A-3-202.5, as last amended by Laws of Utah 2018,
201 Chapter 274)
202 20A-3a-806, (Renumbered from 20A-3-203, as last amended by Laws of Utah 2018,
203 Chapter 274)
204 20A-5-410, (Renumbered from 20A-3-304.1, as last amended by Laws of Utah 2008,
205 Chapter 382)
206 REPEALS:
207 20A-3-104.5, as last amended by Laws of Utah 2019, Chapter 433
208 20A-3-105, as last amended by Laws of Utah 2019, Chapter 142
209 20A-3-301, as last amended by Laws of Utah 2013, Chapter 198
210 20A-3-303, as last amended by Laws of Utah 2008, Chapter 193
211 20A-3-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
212 20A-3-305, as last amended by Laws of Utah 2019, Chapter 255
213 20A-3-306, as last amended by Laws of Utah 2019, Chapter 255
214 20A-3-307, as last amended by Laws of Utah 2012, Chapter 309
215 20A-3-502, as enacted by Laws of Utah 1993, Chapter 1
216 20A-5-604, as last amended by Laws of Utah 2019, Chapter 255
217 20A-6-303, as last amended by Laws of Utah 2016, Chapter 66
218
219 Be it enacted by the Legislature of the state of Utah:
220 Section 1. Section 11-14-202 is amended to read:
221 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
222 (1) The governing body shall publish notice of the election:
223 (a) (i) once per week for three consecutive weeks before the election in a newspaper of
224 general circulation in the local political subdivision, in accordance with Section 11-14-316, the
225 first publication occurring not less than 21, nor more than 35, days before the day of the
226 election;
227 (ii) if there is no newspaper of general circulation in the local political subdivision, at
228 least 21 days before the day of the election, by posting one notice, and at least one additional
229 notice per 2,000 population of the local political subdivision, in places within the local political
230 subdivision that are most likely to give notice to the voters in the local political subdivision; or
231 (iii) at least three weeks before the day of the election, by mailing notice to each
232 registered voter in the local political subdivision;
233 (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
234 before the day of the election;
235 (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
236 and
237 (d) if the local political subdivision has a website, on the local political subdivision's
238 website for at least three weeks before the day of the election.
239 (2) When the debt service on the bonds to be issued will increase the property tax
240 imposed upon the average value of a residence by an amount that is greater than or equal to $15
241 per year, the governing body shall prepare and mail either a voter information pamphlet or a
242 notification described in Subsection (8):
243 (a) at least 15 days, but not more than 45 days, before the bond election;
244 (b) to each household containing a registered voter who is eligible to vote on the
245 bonds; and
246 (c) that includes the information required by Subsections (4) and (5).
247 (3) The election officer may change the location of, or establish an additional:
248 (a) voting precinct polling place, in accordance with Subsection (6);
249 (b) early voting polling place, in accordance with Subsection [
250 20A-3a-603(2); or
251 (c) election day voting center, in accordance with Subsection [
252 20A-3a-703(2).
253 (4) The notice described in Subsection (1) and the voter information pamphlet
254 described in Subsection (2):
255 (a) shall include, in the following order:
256 (i) the date of the election;
257 (ii) the hours during which the polls will be open;
258 (iii) the address of the Statewide Electronic Voter Information Website and, if
259 available, the address of the election officer's website, with a statement indicating that the
260 election officer will post on the website the location of each polling place for each voting
261 precinct, each early voting polling place, and each election day voting center, including any
262 changes to the location of a polling place and the location of an additional polling place;
263 (iv) a phone number that a voter may call to obtain information regarding the location
264 of a polling place; and
265 (v) the title and text of the ballot proposition, including the property tax cost of the
266 bond described in Subsection 11-14-206(2)(a); and
267 (b) may include the location of each polling place.
268 (5) The voter information pamphlet required by this section shall include:
269 (a) the information required under Subsection (4); and
270 (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
271 which may be based on information the governing body determines to be useful, including:
272 (i) expected debt service on the bonds to be issued;
273 (ii) a description of the purpose, remaining principal balance, and maturity date of any
274 outstanding general obligation bonds of the issuer;
275 (iii) funds other than property taxes available to pay debt service on general obligation
276 bonds;
277 (iv) timing of expenditures of bond proceeds;
278 (v) property values; and
279 (vi) any additional information that the governing body determines may be useful to
280 explain the property tax impact of issuance of the bonds.
281 (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
282 deadlines described in Subsections (1) and (2):
283 (i) if necessary, change the location of a voting precinct polling place; or
284 (ii) if the election officer determines that the number of voting precinct polling places
285 is insufficient due to the number of registered voters who are voting, designate additional
286 voting precinct polling places.
287 (b) Except as provided in Section 20A-1-308, if an election officer changes the
288 location of a voting precinct polling place or designates an additional voting precinct polling
289 place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
290 times, and location of a changed voting precinct polling place or an additional voting precinct
291 polling place:
292 (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
293 Information Website;
294 (ii) by posting the information on the website of the election officer, if available; and
295 (iii) by posting notice:
296 (A) of a change in the location of a voting precinct polling place, at the new location
297 and, if possible, the old location; and
298 (B) of an additional voting precinct polling place, at the additional voting precinct
299 polling place.
300 (7) The governing body shall pay the costs associated with the notice required by this
301 section.
302 (8) (a) The governing body may mail a notice printed on a postage prepaid,
303 preaddressed return form that a person may use to request delivery of a voter information
304 pamphlet by mail.
305 (b) The notice described in Subsection (8)(a) shall include:
306 (i) the website upon which the voter information pamphlet is available; and
307 (ii) the phone number a voter may call to request delivery of a voter information
308 pamphlet by mail.
309 (9) A local school board shall comply with the voter information pamphlet
310 requirements described in Section 53G-4-603.
311 Section 2. Section 11-14-203 is amended to read:
312 11-14-203. Time for election -- Equipment -- Election officials -- Combining
313 precincts.
314 (1) (a) The local political subdivision shall ensure that bond elections are conducted
315 and administered according to the procedures set forth in this chapter and the sections of the
316 Election Code specifically referenced by this chapter.
317 (b) When a local political subdivision complies with those procedures, there is a
318 presumption that the bond election was properly administered.
319 (2) (a) A bond election may be held, and the proposition for the issuance of bonds may
320 be submitted, on the same date as the regular general election, the municipal general election
321 held in the local political subdivision calling the bond election, or at a special election called
322 for the purpose on a date authorized by Section 20A-1-204.
323 (b) A bond election may not be held, nor a proposition for issuance of bonds be
324 submitted, at the presidential primary election held under Title 20A, Chapter 9, Part 8,
325 Presidential Primary Election.
326 (3) (a) The bond election shall be conducted and administered by the election officer
327 designated in Sections 20A-1-102 and 20A-5-400.5.
328 (b) (i) The duties of the election officer shall be governed by Title 20A, Chapter 5, Part
329 4, Election Officer's Duties.
330 (ii) The publishing requirement under Subsection 20A-5-405(1)[
331 apply when notice of a bond election has been provided according to the requirements of
332 Section 11-14-202.
333 (c) The hours during which the polls are to be open shall be consistent with Section
334 20A-1-302.
335 (d) The appointment and duties of election judges shall be governed by Title 20A,
336 Chapter 5, Part 6, Poll Workers.
337 (e) General voting procedures shall be conducted according to the requirements of Title
338 20A, Chapter 3, Voting.
339 (f) The designation of election crimes and offenses, and the requirements for the
340 prosecution and adjudication of those crimes and offenses are set forth in Title 20A, Election
341 Code.
342 (4) When a bond election is being held on a day when no other election is being held in
343 the local political subdivision calling the bond election, voting precincts may be combined for
344 purposes of bond elections so long as no voter is required to vote outside the county in which
345 the voter resides.
346 (5) When a bond election is being held on the same day as any other election held in a
347 local political subdivision calling the bond election, or in some part of that local political
348 subdivision, the polling places and election officials serving for the other election may also
349 serve as the polling places and election officials for the bond election, so long as no voter is
350 required to vote outside the county in which the voter resides.
351 Section 3. Section 11-14-204 is amended to read:
352 11-14-204. Challenges to voter qualifications.
353 (1) Any person's qualifications to vote at a bond election may be challenged according
354 to the procedures and requirements of Sections [
355 20A-3a-803.
356 (2) A bond election may not be invalidated on the grounds that ineligible voters voted
357 unless:
358 (a) it is shown by clear and convincing evidence that ineligible voters voted in
359 sufficient numbers to change the result of the bond election; and
360 (b) the complaint is filed before the expiration of the time period permitted for contests
361 in Subsection 20A-4-403(3).
362 (3) The votes cast by the voters shall be accepted as having been legally cast for
363 purposes of determining the outcome of the election, unless the court in a bond election contest
364 finds otherwise.
365 Section 4. Section 11-14-206 is amended to read:
366 11-14-206. Ballots -- Submission of ballot language -- Form and contents.
367 (1) At least 75 days before the election, the governing body shall prepare and submit to
368 the election officer:
369 (a) a ballot title for the bond proposition that includes the name of the local political
370 subdivision issuing the bonds and the word "bond"; and
371 (b) a ballot proposition that meets the requirements of Subsection (2).
372 (2) (a) The governing body shall ensure that the ballot proposition includes:
373 (i) the maximum principal amount of the bonds;
374 (ii) the maximum number of years from the issuance of the bonds to final maturity;
375 (iii) the general purpose for which the bonds are to be issued; and
376 (iv) if issuance of the bonds will require the increase of the property tax imposed upon
377 the average value of a residence by an amount that is greater than or equal to $15 per year, the
378 following information in substantially the following form and in the following order:
379 "PROPERTY TAX COST OF BONDS:
380 If the bonds are issued as planned, [if applicable: without regard to the taxes currently
381 levied for outstanding bonds that will reduce over time,] an annual property tax to pay debt
382 service on the bonds will be required over a period of ____ years in the estimated amount of
383 $____ (insert the average value of a residence in the taxing entity rounded to the nearest
384 thousand dollars) on a residence and in the estimated amount of $____ on a business property
385 having the same value.
386 [If applicable] If there are other outstanding bonds, an otherwise scheduled tax
387 decrease may not occur if these bonds are issued.
388 The foregoing information is only an estimate and is not a limit on the amount of taxes
389 that the governing body may be required to levy in order to pay debt service on the bonds. The
390 governing body is obligated to levy taxes to the extent provided by law in order to pay the
391 bonds."
392 (b) The governing body may state the purpose of the bonds in general terms and need
393 not specify the particular projects for which the governing body intends to issue the bonds or
394 the specific amount of bond proceeds that the governing body intends to expend for each
395 project.
396 (c) If the governing body intends that the bonds be payable in part from tax proceeds
397 and in part from the operating revenues of the local political subdivision, or from any
398 combination of tax proceeds and operating revenues, the governing body may indicate those
399 payment sources on the bond proposition, but need not specify how the governing body intends
400 to divide the bonds between those sources of payment.
401 (d) (i) The governing body shall ensure that the bond proposition is followed by the
402 words, "For the issuance of bonds" and "Against the issuance of bonds," with appropriate
403 boxes in which the voter may indicate the voter's choice.
404 (ii) Nothing in Subsection (2)(d)(i) prohibits the addition of descriptive information
405 about the bonds.
406 (3) If a bond proposition is submitted to a vote on the same day as any other election
407 held in the local political subdivision calling the bond election, the governing body or an
408 election officer may combine the bond proposition with the candidate ballot in a manner
409 consistent with Section 20A-6-301[
410 (4) The governing body shall ensure that the ballot form complies with the
411 requirements of Title 20A, Chapter 6, Ballot Form.
412 Section 5. Section 17B-1-306 is amended to read:
413 17B-1-306. Local district board -- Election procedures.
414 (1) Except as provided in Subsection (12), each elected board member shall be selected
415 as provided in this section.
416 (2) (a) Each election of a local district board member shall be held:
417 (i) at the same time as the municipal general election or the regular general election, as
418 applicable; and
419 (ii) at polling places designated by the local district board in consultation with the
420 county clerk for each county in which the local district is located, which polling places shall
421 coincide with municipal general election or regular general election polling places, as
422 applicable, whenever feasible.
423 (b) The local district board, in consultation with the county clerk, may consolidate two
424 or more polling places to enable voters from more than one district to vote at one consolidated
425 polling place.
426 (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
427 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
428 polling place per division of the district, designated by the district board.
429 (ii) Each polling place designated by an irrigation district board under Subsection
430 (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
431 (2)(a)(ii).
432 (3) The clerk of each local district with a board member position to be filled at the next
433 municipal general election or regular general election, as applicable, shall provide notice of:
434 (a) each elective position of the local district to be filled at the next municipal general
435 election or regular general election, as applicable;
436 (b) the constitutional and statutory qualifications for each position; and
437 (c) the dates and times for filing a declaration of candidacy.
438 (4) The clerk of the local district shall publish the notice described in Subsection (3):
439 (a) by posting the notice on the Utah Public Notice Website created in Section
440 63F-1-701, for 10 days before the first day for filing a declaration of candidacy; and
441 (b) (i) by posting the notice in at least five public places within the local district at least
442 10 days before the first day for filing a declaration of candidacy; or
443 (ii) publishing the notice:
444 (A) in a newspaper of general circulation within the local district at least three but no
445 more than 10 days before the first day for filing a declaration of candidacy;
446 (B) in accordance with Section 45-1-101, for 10 days before the first day for filing a
447 declaration of candidacy; and
448 (c) if the local district has a website, on the local district's website for 10 days before
449 the first day for filing a declaration of candidacy.
450 (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
451 local district board position, an individual shall file a declaration of candidacy in person with
452 an official designated by the local district, during office hours, within the candidate filing
453 period for the applicable election year in which the election for the local district board is held.
454 (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
455 filing time shall be extended until the close of normal office hours on the following regular
456 business day.
457 (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
458 declaration of candidacy with the official designated by the local district if:
459 (i) the individual is located outside of the state during the entire filing period;
460 (ii) the designated agent appears in person before the official designated by the local
461 district; and
462 (iii) the individual communicates with the official designated by the local district using
463 an electronic device that allows the individual and official to see and hear each other.
464 (d) (i) Before the filing officer may accept any declaration of candidacy from an
465 individual, the filing officer shall:
466 (A) read to the individual the constitutional and statutory qualification requirements for
467 the office that the individual is seeking; and
468 (B) require the individual to state whether the individual meets those requirements.
469 (ii) If the individual does not meet the qualification requirements for the office, the
470 filing officer may not accept the individual's declaration of candidacy.
471 (iii) If it appears that the individual meets the requirements of candidacy, the filing
472 officer shall accept the individual's declaration of candidacy.
473 (e) The declaration of candidacy shall be in substantially the following form:
474 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
475 ____________, City of ________________, County of ________________, state of Utah, (Zip
476 Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
477 office of board of trustees member for _______________________ (state the name of the local
478 district); that I am a candidate for that office to be voted upon at the next election; and that, if
479 filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
480 period, and I hereby request that my name be printed upon the official ballot for that election.
481 (Signed) _________________________________________
482 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
483 of ____________, ____.
484 (Signed) ________________________
485 (Clerk or Notary Public)"
486 (f) An agent designated under Subsection (5)(c) may not sign the form described in
487 Subsection (5)(e).
488 (g) Each individual wishing to become a valid write-in candidate for an elective local
489 district board position is governed by Section 20A-9-601.
490 (h) If at least one individual does not file a declaration of candidacy as required by this
491 section, an individual shall be appointed to fill that board position in accordance with the
492 appointment provisions of Section 20A-1-512.
493 (i) If only one candidate files a declaration of candidacy and there is no write-in
494 candidate who complies with Section 20A-9-601, the board, in accordance with Section
495 20A-1-206, may:
496 (i) consider the candidate to be elected to the position; and
497 (ii) cancel the election.
498 (6) (a) A primary election may be held if:
499 (i) the election is authorized by the local district board; and
500 (ii) the number of candidates for a particular local board position or office exceeds
501 twice the number of persons needed to fill that position or office.
502 (b) The primary election shall be conducted:
503 (i) on the same date as the municipal primary election or the regular primary election,
504 as applicable; and
505 (ii) according to the procedures for primary elections provided under Title 20A,
506 Election Code.
507 (7) (a) Except as provided in Subsection (7)(c), within one business day after the
508 deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
509 names to the clerk of each county in which the local district is located.
510 (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
511 20A-6-305, the clerk of each county in which the local district is located and the local district
512 clerk shall coordinate the placement of the name of each candidate for local district office in
513 the nonpartisan section of the ballot with the appropriate election officer.
514 (ii) If consolidation of the local district election ballot with the municipal general
515 election ballot or the regular general election ballot, as applicable, is not feasible, the local
516 district board of trustees, in consultation with the county clerk, shall provide for a separate
517 local district election ballot to be administered by poll workers at polling locations designated
518 under Subsection (2).
519 (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
520 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
521 (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
522 prescribe the form of the ballot for each board member election.
523 (B) Each ballot for an election of an irrigation district board member shall be in a
524 nonpartisan format.
525 (C) The name of each candidate shall be placed on the ballot in the order specified
526 under Section 20A-6-305.
527 (8) (a) Each voter at an election for a board of trustees member of a local district shall:
528 (i) be a registered voter within the district, except for an election of:
529 (A) an irrigation district board of trustees member; or
530 (B) a basic local district board of trustees member who is elected by property owners;
531 and
532 (ii) meet the requirements to vote established by the district.
533 (b) Each voter may vote for as many candidates as there are offices to be filled.
534 (c) The candidates who receive the highest number of votes are elected.
535 (9) Except as otherwise provided by this section, the election of local district board
536 members is governed by Title 20A, Election Code.
537 (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
538 local district board shall serve a four-year term, beginning at noon on the January 1 after the
539 person's election.
540 (b) A person elected shall be sworn in as soon as practical after January 1.
541 (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
542 the county or municipality holding an election under this section for the costs of the election
543 attributable to that local district.
544 (b) Each irrigation district shall bear its own costs of each election it holds under this
545 section.
546 (12) This section does not apply to an improvement district that provides electric or gas
547 service.
548 (13) Except as provided in Subsection [
549 of Title 20A, Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
550 (14) (a) As used in this Subsection (14), "board" means:
551 (i) a local district board; or
552 (ii) the administrative control board of a special service district that has elected
553 members on the board.
554 (b) A board may hold elections for membership on the board at a regular general
555 election instead of a municipal general election if the board submits an application to the
556 lieutenant governor that:
557 (i) requests permission to hold elections for membership on the board at a regular
558 general election instead of a municipal general election; and
559 (ii) indicates that holding elections at the time of the regular general election is
560 beneficial, based on potential cost savings, a potential increase in voter turnout, or another
561 material reason.
562 (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
563 governor may approve the application if the lieutenant governor concludes that holding the
564 elections at the regular general election is beneficial based on the criteria described in
565 Subsection (14)(b)(ii).
566 (d) If the lieutenant governor approves a board's application described in this section:
567 (i) all future elections for membership on the board shall be held at the time of the
568 regular general election; and
569 (ii) the board may not hold elections at the time of a municipal general election unless
570 the board receives permission from the lieutenant governor to hold all future elections for
571 membership on the board at a municipal general election instead of a regular general election,
572 under the same procedure, and by applying the same criteria, described in this Subsection (14).
573 Section 6. Section 20A-1-102 is amended to read:
574 20A-1-102. Definitions.
575 As used in this title:
576 (1) "Active voter" means a registered voter who has not been classified as an inactive
577 voter by the county clerk.
578 (2) "Automatic tabulating equipment" means apparatus that automatically examines
579 and counts votes recorded on [
580 (3) (a) "Ballot" means the storage medium, [
581 electronic storage medium, [
582 individual voter's vote.
583 [
584
585 (b) "Ballot" does not include a record to tally multiple votes.
586 [
587 [
588
589 [
590 [
591 voters on the ballot for their approval or rejection including:
592 (a) an opinion question specifically authorized by the Legislature;
593 (b) a constitutional amendment;
594 (c) an initiative;
595 (d) a referendum;
596 (e) a bond proposition;
597 (f) a judicial retention question;
598 (g) an incorporation of a city or town; or
599 (h) any other ballot question specifically authorized by the Legislature.
600 [
601 [
602 [
603 [
604 [
605 [
606 together [
607 the top of the paper in the blank space reserved for securing the paper.
608 [
609 and 20A-4-306 to canvass election returns.
610 [
611 rejecting the proposed issuance of bonds by a government entity.
612 [
613
614
615 [
616 of charge by the sender.
617 [
618
619 [
620 election results by the board of canvassers.
621 [
622 ballots at the canvass.
623 [
624 contract or interlocal agreement with a provider election officer.
625 [
626 and delegates are selected.
627 [
628 officer in charge of the election for the automatic counting of ballots.
629 [
630 during election day.
631 [
632
633 and counting judges to count ballots [
634 [
635 elected.
636 [
637 (a) means the day that is specified in the calendar year as the day that the election
638 occurs; and
639 (b) does not include:
640 (i) deadlines established for [
641 emergency voting; or
642 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
643 Voting.
644 [
645 (a) a person elected to an office under Section 20A-1-303 or [
646
647 Project;
648 (b) a person who is considered to be elected to a municipal office in accordance with
649 Subsection 20A-1-206(1)(c)(ii); or
650 (c) a person who is considered to be elected to a local district office in accordance with
651 Subsection 20A-1-206(3)(c)(ii).
652 [
653 statewide special election, a local special election, a regular primary election, a municipal
654 primary election, and a local district election.
655 [
656 the Help America Vote Act of 2002, Pub. L. No. 107-252.
657 [
658 eligible to file declarations of candidacy and ending when the canvass is completed.
659 [
660 (a) preside over other poll workers at a polling place;
661 (b) act as the presiding election judge; or
662 (c) serve as a canvassing judge, counting judge, or receiving judge.
663 [
664 (a) the lieutenant governor, for all statewide ballots and elections;
665 (b) the county clerk for:
666 (i) a county ballot and election; and
667 (ii) a ballot and election as a provider election officer as provided in Section
668 20A-5-400.1 or 20A-5-400.5;
669 (c) the municipal clerk for:
670 (i) a municipal ballot and election; and
671 (ii) a ballot and election as a provider election officer as provided in Section
672 20A-5-400.1 or 20A-5-400.5;
673 (d) the local district clerk or chief executive officer for:
674 (i) a local district ballot and election; and
675 (ii) a ballot and election as a provider election officer as provided in Section
676 20A-5-400.1 or 20A-5-400.5; or
677 (e) the business administrator or superintendent of a school district for:
678 (i) a school district ballot and election; and
679 (ii) a ballot and election as a provider election officer as provided in Section
680 20A-5-400.1 or 20A-5-400.5.
681 [
682 worker.
683 [
684 (a) for an election other than a bond election, the count of votes cast in the election and
685 the election returns requested by the board of canvassers; or
686 (b) for bond elections, the count of those votes cast for and against the bond
687 proposition plus any or all of the election returns that the board of canvassers may request.
688 [
689 voter registration and voting certificates, one of the tally sheets, any unprocessed [
690 ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot
691 disposition form, and the total votes cast form.
692 [
693
694 [
695 attached to or logically associated with a record and executed or adopted by a person with the
696 intent to sign the record.
697 [
698 [
699 [
700 county clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
701 [
702 [
703 county court judge.
704 [
705 Purpose Local Government Entities - Local Districts, and includes a special service district
706 under Title 17D, Chapter 1, Special Service District Act.
707 [
708 required by law to be elected.
709 [
710 election, a municipal primary election, a local special election, a local district election, and a
711 bond election.
712 [
713 district, or a local school district.
714 [
715 body of a local political subdivision in which all registered voters of the local political
716 subdivision may vote.
717 (36) "Manual ballot" means a paper document produced by an election officer on
718 which an individual records an individual's vote by directly placing a mark on the paper
719 document using a pen or other marking instrument.
720 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
721 mechanical record, that:
722 (a) is created via electronic or mechanical means; and
723 (b) records an individual voter's vote cast via a method other than an individual directly
724 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
725 [
726 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
727 (b) the mayor in the council-manager form of government defined in Subsection
728 10-3b-103(7); or
729 (c) the chair of a metro township form of government defined in Section 10-3b-102.
730 [
731 as applicable, local districts on the first Tuesday after the first Monday in November of each
732 odd-numbered year for the purposes established in Section 20A-1-202.
733 [
734 (a) the council of the city or town in any form of municipal government; or
735 (b) the council of a metro township.
736 [
737 [
738 law to be elected.
739 [
740 candidates for municipal office.
741 [
742 [
743
744 [
745 identifies:
746 [
747 [
748 [
749 the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
750 [
751 20A-6-301(1)(b)(iii)[
752 [
753 [
754 [
755 [
756 by the election officer that contains the information required by Section 20A-5-401.
757 [
758 [
759
760 [
761
762 [
763 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
764 Formation and Procedures.
765 [
766 with an election, voting, or counting votes.
767 (b) "Poll worker" includes election judges.
768 (c) "Poll worker" does not include a watcher.
769 [
770 appear to cast votes.
771 [
772 [
773 ballot in which the voter marks the voter's choice.
774 [
775 Part 8, Presidential Primary Election.
776 [
777 year of the regular general election.
778 [
779 (a) is built into a voting machine; and
780 (b) records the total number of movements of the operating lever.
781 [
782 contract or interlocal agreement with a contracting election officer to conduct an election for
783 the contracting election officer's local political subdivision in accordance with Section
784 20A-5-400.1.
785 [
786 (a) whose name is not listed on the official register at the polling place;
787 (b) whose legal right to vote is challenged as provided in this title; or
788 (c) whose identity was not sufficiently established by a poll worker.
789 [
790 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
791 information to verify a person's legal right to vote.
792 [
793 performing the duties of the position for which the [
794 [
795 official register[
796
797 [
798
799 [
800 [
801 the first Tuesday after the first Monday in November of each even-numbered year for the
802 purposes established in Section 20A-1-201.
803 [
804 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
805 local school board positions to advance to the regular general election.
806 [
807 Utah.
808 (66) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
809 provided to a voter with a manual ballot:
810 (a) into which the voter places the manual ballot after the voter has voted the manual
811 ballot in order to preserve the secrecy of the voter's vote; and
812 (b) that includes the voter affidavit and a place for the voter's signature.
813 [
814 printed and distributed as provided in Section 20A-5-405.
815 [
816 mark [
817 parties or who are unaffiliated.
818 [
819
820
821 [
822 20A-1-203.
823 [
824 (a) is spoiled by the voter;
825 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
826 (c) lacks the official endorsement.
827 [
828 or the Legislature in which all registered voters in Utah may vote.
829 [
830 [
831
832 (72) "Tabulation system" means a device or system designed for the sole purpose of
833 tabulating votes cast by voters at an election.
834 [
835 (a) political parties;
836 (b) candidates for an office; or
837 (c) ballot propositions.
838 [
839 counting center.
840 [
841 by statute, whether that absence occurs because of death, disability, disqualification,
842 resignation, or other cause.
843 [
844 (a) a form of identification that bears the name and photograph of the voter which may
845 include:
846 (i) a currently valid Utah driver license;
847 (ii) a currently valid identification card that is issued by:
848 (A) the state; or
849 (B) a branch, department, or agency of the United States;
850 (iii) a currently valid Utah permit to carry a concealed weapon;
851 (iv) a currently valid United States passport; or
852 (v) a currently valid United States military identification card;
853 (b) one of the following identification cards, whether or not the card includes a
854 photograph of the voter:
855 (i) a valid tribal identification card;
856 (ii) a Bureau of Indian Affairs card; or
857 (iii) a tribal treaty card; or
858 (c) two forms of identification not listed under Subsection [
859 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
860 which may include:
861 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
862 election;
863 (ii) a bank or other financial account statement, or a legible copy thereof;
864 (iii) a certified birth certificate;
865 (iv) a valid social security card;
866 (v) a check issued by the state or the federal government or a legible copy thereof;
867 (vi) a paycheck from the voter's employer, or a legible copy thereof;
868 (vii) a currently valid Utah hunting or fishing license;
869 (viii) certified naturalization documentation;
870 (ix) a currently valid license issued by an authorized agency of the United States;
871 (x) a certified copy of court records showing the voter's adoption or name change;
872 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
873 (xii) a currently valid identification card issued by:
874 (A) a local government within the state;
875 (B) an employer for an employee; or
876 (C) a college, university, technical school, or professional school located within the
877 state; or
878 (xiii) a current Utah vehicle registration.
879 [
880 write-in candidate by following the procedures and requirements of this title.
881 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
882 (a) mailing the ballot to the location designated in the mailing; or
883 (b) depositing the ballot in a ballot drop box designated by the election officer.
884 [
885 (a) meets the requirements for voting in an election;
886 (b) meets the requirements of election registration;
887 (c) is registered to vote; and
888 (d) is listed in the official register book.
889 [
890 Section 20A-2-102.5.
891 [
892 machines, and ballot box.
893 [
894 (a) the space or compartment within a polling place that is provided for the preparation
895 of ballots, including the voting [
896 (b) a voting device that is free standing.
897 [
898 [
899
900 [
901 [
902
903 [
904 [
905
906 [
907
908 (83) "Voting device" means any device provided by an election officer for a voter to
909 vote a mechanical ballot.
910 [
911 [
912 Part 3, Duties of the County and Municipal Legislative Bodies.
913 [
914 described in Section [
915 [
916 [
917 is not printed on the ballot [
918 title.
919 Section 7. Section 20A-1-308 is amended to read:
920 20A-1-308. Elections during declared emergencies.
921 (1) As used in this section, "declared emergency" means a state of emergency that:
922 (a) is declared by:
923 (i) the president of the United States;
924 (ii) the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster
925 Response and Recovery Act; or
926 (iii) the chief executive officer of a political subdivision in a proclamation under Title
927 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and
928 (b) affects an election in the state, including:
929 (i) voting on election day;
930 (ii) early voting;
931 (iii) the transmittal or voting of [
932 (iv) the counting of [
933 (v) the canvassing of election returns.
934 (2) During a declared emergency, the lieutenant governor may designate a method,
935 time, or location for, or relating to, an event described in Subsection (1)(b) that is different than
936 the method, time, or location described in this title.
937 (3) The lieutenant governor shall notify a voter or potential voter of a different method,
938 time, or location designated under Subsection (2) by:
939 (a) posting a notice on the Statewide Electronic Voter Information Website established
940 under Section 20A-7-801;
941 (b) notifying each election officer affected by the designation; and
942 (c) notifying a newspaper of general circulation within the state or a local media
943 correspondent.
944 Section 8. Section 20A-1-403 is amended to read:
945 20A-1-403. Errors or omissions in ballots.
946 (1) The election officer shall, without delay, correct any errors in [
947
948 officer's attention, if those errors can be corrected without interfering with the timely
949 distribution of the [
950 (2) (a) (i) If an error or omission has occurred in the publication of the names or
951 description of the candidates nominated for office, or in the printing of sample or official
952 ballots, a candidate or [
953 ballot correction with the district court.
954 (ii) If a petition is filed, the petitioner shall serve a copy of the petition on the
955 respondents on the same day that the petition is filed with the court.
956 (b) The petition shall contain:
957 (i) an affidavit signed by the candidate or [
958 error or omission; and
959 (ii) a request that the court issue an order to the election officer responsible for the
960 ballot error or omission to correct the ballot error or omission.
961 (3) (a) After reviewing the petition, the court shall:
962 (i) issue an order commanding the respondent named in the petition to appear before
963 the court to answer, under oath, to the petition;
964 (ii) summarily hear and dispose of any issues raised by the petition to obtain substantial
965 compliance with the provisions of this title by the parties to the controversy; and
966 (iii) [
967
968 (b) The court may assess costs, including [
969 against either party.
970 Section 9. Section 20A-1-601 is amended to read:
971 20A-1-601. Bribery in elections -- Paying for votes -- Penalties.
972 (1) A person may not, directly [
973 person:
974 (a) pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money or
975 other valuable consideration to or for any voter or to or for any other person:
976 (i) to induce the voter to vote or refrain from voting at any election provided by law;
977 (ii) to induce any voter to vote or refrain from voting at an election for any particular
978 person or measure;
979 (iii) to induce a voter to go to the polls or remain away from the polls at any election;
980 (iv) because a voter voted or refrained from voting for any particular person, or went to
981 the polls or remained away from the polls; or
982 (v) to obtain the political support or aid of any person at an election;
983 (b) give, offer, or promise any office, place, or employment, or to promise or procure,
984 or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any
985 other person, in order to:
986 (i) induce a voter to vote or refrain from voting at any election;
987 (ii) induce any voter to vote or refrain from voting at an election for any particular
988 person or measure; or
989 (iii) obtain the political support or aid of any person;
990 (c) advance or pay, or cause to be paid, any money or other valuable thing to, or for the
991 use of, any other person with the intent that the money or other valuable thing be used in
992 bribery at any election provided by law; or
993 (d) knowingly pay, or cause to be paid, any money or other valuable thing to any
994 person in discharge or repayment of any money expended wholly or in part in bribery at any
995 election.
996 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
997 person who commits an offense under Subsection (1) is guilty of a third degree felony.
998 Section 10. Section 20A-1-602 is amended to read:
999 20A-1-602. Receiving bribe -- Receiving payments for votes -- Penalties.
1000 (1) A person may not, for [
1001 indirectly, [
1002 (a) receive, agree to receive, or contract for any money, gift, loan, or other valuable
1003 consideration, office, place, or employment for:
1004 (i) voting or agreeing to vote;
1005 (ii) going or agreeing to go to the polls;
1006 (iii) remaining or agreeing to remain away from the polls; or
1007 (iv) refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or
1008 refraining or agreeing to refrain from voting, for any particular person or measure at any
1009 election provided by law; or
1010 (b) receive any money or other valuable thing because the person induced any other
1011 person to:
1012 (i) vote or refrain from voting; or
1013 (ii) vote or refrain from voting for any particular person or measure at any election
1014 provided by law.
1015 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
1016 person who commits an offense under Subsection (1) is guilty of a third degree felony.
1017 Section 11. Section 20A-1-603 is amended to read:
1018 20A-1-603. Fraud, interference, disturbance -- Tampering with ballots or records
1019 -- Penalties.
1020 (1) (a) [
1021 [
1022 (i) voting more than once at any one election;
1023 (ii) knowingly handing in two or more ballots folded together;
1024 (iii) changing any ballot after [
1025 box, or ballot drop box, or mailed;
1026 (iv) adding or attempting to add any ballot or vote to those legally polled at any
1027 election by fraudulently introducing the ballot or vote into the ballot box or vote tally, either
1028 before or after the ballots have been counted;
1029 (v) adding to or mixing or attempting to add or mix, other ballots with the ballots
1030 lawfully polled while those ballots are being counted or canvassed, or at any other time; or
1031 (vi) voting in a voting district or precinct when the [
1032 have known that the [
1033 precinct, unless the [
1034 20A-4-107 or another provision of this title.
1035 (b) A person may not fraudulently interfere with an election by:
1036 (i) willfully tampering with, detaining, mutilating, or destroying any election returns;
1037 (ii) in any manner, interfering with the officers holding an election or conducting a
1038 canvass, or with the voters lawfully exercising their rights of voting at an election, so as to
1039 prevent the election or canvass from being fairly held or lawfully conducted;
1040 (iii) engaging in riotous conduct at any election, or interfering in any manner with any
1041 election official in the discharge of the election official's duties;
1042 (iv) inducing any election officer, or officer whose duty it is to ascertain, announce, or
1043 declare the result of any election or to give or make any certificate, document, or evidence in
1044 relation to any election, to violate or refuse to comply with the election officer's duty or any law
1045 regulating the election officer's duty;
1046 (v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or
1047 other thing from a polling place, or from the possession of the person authorized by law to have
1048 the custody of that thing; [
1049 (vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or the
1050 contents of a ballot drop box; or
1051 [
1052 do any of the acts [
1053 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
1054 person who commits an offense under Subsection (1) is guilty of a class A misdemeanor.
1055 Section 12. Section 20A-1-604 is amended to read:
1056 20A-1-604. Destroying instruction cards, sample ballots, or election
1057 paraphernalia -- Penalties.
1058 (1) A person may not:
1059 (a) willfully deface or destroy any list of candidates posted in accordance with the
1060 provisions of this title;
1061 (b) willfully deface, tear down, remove or destroy any [
1062 instructions or sample ballot, printed or posted for the instruction of voters during an election;
1063 (c) willfully remove or destroy any of the supplies or conveniences furnished to enable
1064 a voter to prepare the voter's ballot during an election; or
1065 (d) willfully hinder the voting of others.
1066 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
1067 person who commits an offense under Subsection (1) is guilty of an infraction.
1068 Section 13. Section 20A-1-605 is amended to read:
1069 20A-1-605. Mutilating certificate of nomination -- Forging declination or
1070 resignation -- Tampering with ballots.
1071 (1) It is unlawful for any person to:
1072 (a) falsely mark or willfully deface or destroy:
1073 (i) any certificate of nomination or any part of a certificate of nomination; or
1074 (ii) any letter of declination or resignation;
1075 (b) file any certificate of nomination or letter of declination or resignation knowing it,
1076 or any part of it, to be falsely made;
1077 (c) suppress any certificate of nomination, or letter of declination or resignation, or any
1078 part of a certificate of nomination or letter of declination or resignation that has been legally
1079 filed;
1080 (d) forge any letter of declination or resignation;
1081 (e) falsely make the official endorsement on any ballot;
1082 (f) willfully destroy or deface any ballot;
1083 (g) willfully delay the delivery of any ballots;
1084 (h) examine any ballot offered or cast at the polls or found in any ballot box or ballot
1085 drop box for any purpose other than to determine which candidate was elected; and
1086 (i) make or place any mark or device on any ballot in order to determine the name of
1087 any person for whom the elector has voted.
1088 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), any
1089 person convicted of any of the offenses established by this section is guilty of a class A
1090 misdemeanor.
1091 Section 14. Section 20A-1-607 is amended to read:
1092 20A-1-607. Inducing attendance at polls -- Payment of workers.
1093 (1) (a) It is unlawful for a person to pay another for a loss incurred because an
1094 individual voted or registered to vote.
1095 (b) Subsection (1)(a) does not permit an employer to make a deduction from the usual
1096 salary or wages of an employee who takes a leave of absence as authorized under Section
1097 [
1098 (2) (a) A person may not pay for personal services performed or to be performed on the
1099 day of a caucus, primary, convention, or election, or for any purpose connected with a caucus,
1100 primary, convention, or election that directly or indirectly affect the result of the caucus,
1101 primary, convention, or election.
1102 (b) Subsection (2)(a) does not prohibit a person from hiring a person to act as a
1103 watcher.
1104 Section 15. Section 20A-1-609 is amended to read:
1105 20A-1-609. Omnibus penalties.
1106 (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
1107 this title is guilty of a class B misdemeanor.
1108 (b) Subsection (1)(a) does not apply to a provision of this title for which another
1109 penalty is expressly stated.
1110 (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
1111 referendum, falsely making the statement described in Subsection 20A-7-203(2)(e)(ii),
1112 20A-7-303(2)(h)(ii), 20A-7-503(2)(e), or 20A-7-603(2)(h).
1113 (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
1114 convicted of any offense under this title may not:
1115 (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
1116 for any office during the election cycle in which the violation occurred;
1117 (b) take or hold the office to which the individual was elected; and
1118 (c) receive the emoluments of the office to which the individual was elected.
1119 (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
1120 at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
1121 20A-2-101.5.
1122 (b) Any person may challenge the right to vote of a person described in Subsection
1123 (3)(a) by following the procedures and requirements of Section [
1124 Section 16. Section 20A-2-102.5 is amended to read:
1125 20A-2-102.5. Voter registration deadline.
1126 (1) Except as otherwise provided in [
1127
1128
1129 [
1130 (2) The voter registration deadline is [
1131 as follows:
1132 (a) the voter registration must be received by the county clerk no later than 5 p.m. 11
1133 calendar days before the date of the election, if the individual registers to vote:
1134 (i) at the office of the county clerk, in accordance with Section 20A-2-201;
1135 (ii) by mail, in accordance with Section 20A-2-202;
1136 (iii) via an application for a driver license, in accordance with Section 20A-2-204;
1137 (iv) via a public assistance agency or a discretionary voter registration agency, in
1138 accordance with Section 20A-2-205; or
1139 (v) via electronic registration, in accordance with Section 20A-2-206;
1140 (b) before the polls close on the last day of early voting, described in Section
1141 20A-3a-601, if the individual registers by casting a provisional ballot at an early voting
1142 location in accordance with Section 20A-2-207; or
1143 (c) before polls close on the date of the election, if the individual registers to vote on
1144 the date of the election by casting a provisional ballot, in accordance with Section 20A-2-207.
1145 Section 17. Section 20A-2-108 is amended to read:
1146 20A-2-108. Driver license or state identification card registration form --
1147 Transmittal of information.
1148 (1) As used in this section, "qualifying form" means:
1149 (a) a driver license application form; or
1150 (b) a state identification card application form.
1151 (2) The lieutenant governor and the Driver License Division shall design each
1152 qualifying form to include:
1153 (a) the following question, which an applicant is required to answer: "Do you authorize
1154 the use of information in this form for voter registration purposes? YES____ NO____"; and
1155 [
1156
1157
1158
1159
1160 [
1161 be classified as a private record by indicating here: ____Yes, I would like to request that my
1162 voter registration record be classified as a private record."
1163 (3) The lieutenant governor and the Driver License Division shall ensure that a
1164 qualifying form contains:
1165 (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
1166 Utah residency, and that the information provided in the form is true;
1167 (b) a records disclosure that is similar to the records disclosure on a voter registration
1168 form described in Section 20A-2-104;
1169 (c) a statement that if an applicant declines to register or preregister to vote, the fact
1170 that the applicant has declined to register or preregister will remain confidential and will be
1171 used only for voter registration purposes;
1172 (d) a statement that if an applicant does register or preregister to vote, the office at
1173 which the applicant submits a voter registration application will remain confidential and will be
1174 used only for voter registration purposes; and
1175 (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
1176 where an individual may, if desired:
1177 (i) indicate the individual's desired political affiliation from a listing of each registered
1178 political party, as defined in Section 20A-8-101;
1179 (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
1180 individual desires to affiliate; or
1181 (iii) indicate that the individual does not wish to affiliate with a political party.
1182 Section 18. Section 20A-2-201 is amended to read:
1183 20A-2-201. Registering to vote at office of county clerk.
1184 (1) Except as provided in Subsection (3), the county clerk shall register to vote each
1185 individual who registers in person at the county clerk's office during designated office hours if
1186 the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
1187 the county in accordance with Section 20A-2-101.
1188 (2) If an individual who is registering to vote submits a registration form in person at
1189 the office of the county clerk [
1190
1191 p.m. 11 calendar days before the date of the election, the county clerk shall:
1192 (a) accept [
1193
1194 registration form; [
1195 [
1196
1197 (b) unless the individual named in the form is preregistering to vote:
1198 (i) enter the individual's name on the list of registered voters for the voting precinct in
1199 which the individual resides; and
1200 (ii) notify the individual that the individual is registered to vote in the upcoming
1201 election; and
1202 (c) if the individual named in the form is preregistering to vote, comply with Section
1203 20A-2-101.1.
1204 (3) If an individual who is registering to vote and who will be legally qualified and
1205 entitled to vote in a voting precinct in the county on the date of an election appears in person,
1206 during designated office hours, and submits a registration form [
1207
1208 the county clerk shall[
1209 individual will not be registered to vote in the pending election, unless the individual registers
1210 to vote by provisional ballot during the early voting period, if applicable, or on election day, in
1211 accordance with Section 20A-2-207.
1212 [
1213
1214 [
1215 [
1216
1217
1218 [
1219
1220 [
1221
1222 [
1223
1224
1225 Section 19. Section 20A-2-202 is amended to read:
1226 20A-2-202. Registration by mail.
1227 (1) (a) [
1228 register by mail.
1229 (b) To register by mail, [
1230 registration form and mail or deliver [
1231 citizen resides.
1232 (c) In order to register to vote in a particular election, the citizen shall:
1233 (i) address the [
1234 (ii) ensure that the [
1235
1236
1237 p.m. 11 calendar days before the date of the election.
1238 (d) The citizen has effectively registered to vote under this section only when the
1239 county clerk's office has received a correctly completed [
1240 (2) Upon receipt of a timely, correctly completed [
1241 county clerk shall[
1242 (a) accept and process the voter registration form;
1243 [
1244 (i) enter the applicant's name on the list of registered voters for the voting precinct in
1245 which the applicant resides; and
1246 [
1247
1248 (ii) notify the individual that the individual is registered to vote in the upcoming
1249 election; and
1250 (c) if the individual named in the form is preregistering to vote, comply with Section
1251 20A-2-101.1.
1252 (3) If the county clerk receives a correctly completed [
1253 [
1254
1255 deadline described in Subsection (1)(c), the county clerk shall, unless the individual is
1256 preregistering to vote:
1257 [
1258
1259 [
1260
1261
1262 (a) accept the application for registration; and
1263 [
1264 before the election, informing the individual[
1265 in the pending election, unless the individual registers to vote by provisional ballot during the
1266 early voting period, if applicable, or on election day, in accordance with Section 20A-2-207.
1267 [
1268
1269 [
1270
1271 [
1272
1273
1274
1275 [
1276 [
1277 [
1278 otherwise is incorrect because of an error or because [
1279 county clerk shall mail notice to the [
1280 stating that the [
1281 or because the registration form is incomplete.
1282 Section 20. Section 20A-2-204 is amended to read:
1283 20A-2-204. Registering to vote when applying for or renewing a driver license.
1284 (1) As used in this section, "voter registration form" means, when an individual named
1285 on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
1286 in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
1287 voter registration purposes.
1288 (2) A citizen who is qualified to vote may register to vote, and a citizen who is
1289 qualified to preregister to vote may preregister to vote, by answering "yes" to the question
1290 described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
1291 (3) The Driver License Division shall:
1292 (a) assist an individual in completing the voter registration form unless the individual
1293 refuses assistance;
1294 (b) electronically transmit each address change to the lieutenant governor within five
1295 days after the day on which the division receives the address change; and
1296 (c) within five days after the day on which the division receives a voter registration
1297 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
1298 following for the individual named on the form:
1299 (i) the name, date of birth, driver license or state identification card number, last four
1300 digits of the social security number, Utah residential address, place of birth, and signature;
1301 (ii) a mailing address, if different from the individual's Utah residential address;
1302 (iii) an email address and phone number, if available;
1303 (iv) the desired political affiliation, if indicated; and
1304 (v) an indication of whether the individual requested that the individual's voter
1305 registration record be classified as a private record under Subsection 20A-2-108(2)[
1306 (4) Upon receipt of an individual's voter registration form from the Driver License
1307 Division under Subsection (3), the lieutenant governor shall:
1308 (a) enter the information into the statewide voter registration database; and
1309 (b) if the individual requests on the individual's voter registration form that the
1310 individual's voter registration record be classified as a private record, classify the individual's
1311 voter registration record as a private record.
1312 (5) The county clerk of an individual whose information is entered into the statewide
1313 voter registration database under Subsection (4) shall:
1314 (a) ensure that the individual meets the qualifications to be registered or preregistered
1315 to vote; and
1316 (b) (i) if the individual meets the qualifications to be registered to vote:
1317 (A) ensure that the individual is assigned to the proper voting precinct; and
1318 (B) send the individual the notice described in Section 20A-2-304; or
1319 (ii) if the individual meets the qualifications to be preregistered to vote, process the
1320 form in accordance with the requirements of Section 20A-2-101.1.
1321 (6) (a) When the county clerk receives a correctly completed voter registration form
1322 under this section, the clerk shall:
1323 (i) comply with the applicable provisions of this Subsection (6); or
1324 (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
1325 (b) If the county clerk receives a correctly completed voter registration form under this
1326 section [
1327
1328 midnight, 11 calendar days before the date of an election, the county clerk shall:
1329 (i) accept the voter registration form; and
1330 (ii) unless the individual is preregistering to vote[
1331
1332 (A) enter the individual's name on the list of registered voters for the voting precinct in
1333 which the individual resides; and
1334 (B) notify the individual that the individual is registered to vote in the upcoming
1335 election; and
1336 (iii) if the individual named in the form is preregistering to vote, comply with Section
1337 20A-2-101.1.
1338 [
1339
1340
1341
1342 [
1343 [
1344 [
1345 [
1346
1347
1348 [
1349 this section [
1350 Subsection (6)(b), the county clerk shall, unless the individual named in the form is
1351 preregistering to vote:
1352 (i) accept the application for registration of the individual;
1353 (ii) process the voter registration form; and
1354 [
1355 the individual will not be registered to vote in the pending election, unless the individual
1356 registers to vote by provisional ballot during the early voting period, if applicable, or on
1357 election day, in accordance with Section 20A-2-207.
1358 [
1359
1360 [
1361
1362
1363 (7) (a) If the county clerk determines that an individual's voter registration form
1364 received from the Driver License Division is incorrect because of an error, because the form is
1365 incomplete, or because the individual does not meet the qualifications to be registered to vote,
1366 the county clerk shall mail notice to the individual stating that the individual has not been
1367 registered or preregistered because of an error, because the registration form is incomplete, or
1368 because the individual does not meet the qualifications to be registered to vote.
1369 (b) If a county clerk believes, based upon a review of a voter registration form, that an
1370 individual, who knows that the individual is not legally entitled to register or preregister to
1371 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
1372 the form to the county attorney for investigation and possible prosecution.
1373 Section 21. Section 20A-2-205 is amended to read:
1374 20A-2-205. Registration at voter registration agencies.
1375 (1) As used in this section:
1376 (a) "Discretionary voter registration agency" means the same as that term is defined in
1377 Section 20A-2-300.5.
1378 (b) "Public assistance agency" means [
1379
1380
1381 (2) An individual may obtain and complete a [
1382 assistance agency or discretionary voter registration agency.
1383 (3) Each public assistance agency and discretionary voter registration agency shall
1384 provide, either as part of existing forms or on a separate form, the following information in
1385 substantially the following form:
1386 "REGISTERING TO VOTE
1387 If you are not registered to vote where you live now, would you like to apply to register
1388 or preregister to vote here today? (The decision of whether to register or preregister to vote will
1389 not affect the amount of assistance that you will be provided by this agency.) Yes____ No____
1390 IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
1391 DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you
1392 would like help in filling out the voter registration form, we will help you. The decision about
1393 whether to seek or accept help is yours. You may fill out the application form in private. If
1394 you believe that someone has interfered with your right to register or preregister or to decline to
1395 register or preregister to vote, your right to privacy in deciding whether to register or
1396 preregister, or in applying to register or preregister to vote, or your right to choose your own
1397 political party or other political preference, you may file a complaint with the Office of the
1398 Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
1399 of the Office of the Lieutenant Governor)."
1400 (4) Unless [
1401 assistance agency or discretionary voter registration agency declines, in writing, to register or
1402 preregister to vote, each public assistance agency and discretionary voter registration agency
1403 shall:
1404 (a) distribute a [
1405 assistance provided by the agency or office;
1406 (b) assist applicants in completing the voter registration form unless the applicant
1407 refuses assistance;
1408 (c) accept completed forms for transmittal to the appropriate election official; and
1409 (d) transmit a copy of each voter registration form to the appropriate election official
1410 within five days after [
1411 form.
1412 (5) [
1413 registration agency that helps [
1414 not:
1415 (a) seek to influence an applicant's political preference or party registration;
1416 (b) display any political preference or party allegiance;
1417 (c) make any statement to an applicant or take any action that has the purpose or effect
1418 of discouraging the applicant from registering to vote; or
1419 (d) make any statement to an applicant or take any action that has the purpose or effect
1420 of leading the applicant to believe that a decision of whether to register or preregister has any
1421 bearing upon the availability of services or benefits.
1422 (6) [
1423 receives a correctly completed voter registration form under this section no later than 5 p.m. 11
1424 calendar days before the date of an election, the county clerk shall[
1425 (a) accept and process the voter registration form;
1426 (b) unless the individual named in the form is preregistering to vote:
1427 [
1428 in which the applicant resides; and
1429 [
1430 the upcoming election; and
1431 (c) if the individual named in the form is preregistering to vote, comply with Section
1432 20A-2-101.1
1433 (7) If the county clerk receives a correctly completed voter registration form [
1434
1435 county clerk shall:
1436 (a) accept the application for registration of the individual; and
1437 (b) if possible, promptly inform the individual that the individual will not be registered
1438 to vote in the pending election, unless the individual registers to vote by provisional ballot
1439 during the early voting period, if applicable, or on election day, in accordance with Section
1440 20A-2-207.
1441 [
1442
1443 [
1444
1445
1446 [
1447
1448 [
1449
1450 [
1451
1452 [
1453
1454
1455 [
1456 [
1457 [
1458 public assistance agency or discretionary voter registration agency is incorrect because of an
1459 error or because [
1460 to the individual attempting to register or preregister to vote, stating that the individual has not
1461 been registered or preregistered to vote because of an error or because the voter registration
1462 form is incomplete.
1463 Section 22. Section 20A-2-206 is amended to read:
1464 20A-2-206. Electronic registration.
1465 (1) The lieutenant governor [
1466 publicly available on the Internet for an individual to apply for voter registration or
1467 preregistration [
1468 (2) An electronic system for voter registration or preregistration shall require:
1469 (a) that an applicant have a valid driver license or identification card, issued under Title
1470 53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
1471 of residence;
1472 (b) that the applicant provide the information required by Section 20A-2-104, except
1473 that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
1474 and (4);
1475 (c) that the applicant attest to the truth of the information provided; and
1476 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
1477 applicant's:
1478 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
1479 Uniform Driver License Act, for voter registration purposes; or
1480 (ii) signature on file in the lieutenant governor's statewide voter registration database
1481 developed under Section 20A-2-109.
1482 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
1483 voter registration or preregistration created under this section is not required to complete a
1484 printed registration form.
1485 (4) A system created and maintained under this section shall provide the notices
1486 concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
1487 (5) The lieutenant governor shall:
1488 (a) obtain a digital copy of the applicant's driver license or identification card signature
1489 from the Driver License Division; or
1490 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
1491 statewide voter registration database developed under Section 20A-2-109.
1492 (6) The lieutenant governor shall send the information to the county clerk for the
1493 county in which the applicant's principal place of residence is found for further action as
1494 required by Section 20A-2-304 after:
1495 (a) receiving all information from an applicant; and
1496 (b) (i) receiving all information from the Driver License Division; or
1497 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
1498 statewide voter registration database developed under Section 20A-2-109.
1499 (7) The lieutenant governor may use additional security measures to ensure the
1500 accuracy and integrity of an electronically submitted voter registration.
1501 (8) If an individual applies to register under this section [
1502
1503 11 calendar days before the date of an election, the county clerk shall[
1504
1505 (a) accept and process the voter registration form;
1506 (b) unless the individual named in the form is preregistering to vote:
1507 (i) enter the applicant's name on the list of registered voters for the voting precinct in
1508 which the applicant resides; and
1509 (ii) notify the individual that the individual is registered to vote in the upcoming
1510 election; and
1511 (c) if the individual named in the form is preregistering to vote, comply with Section
1512 20A-2-101.1.
1513 [
1514
1515 [
1516
1517 (9) If an individual applies to register under this section [
1518
1519
1520 clerk shall, unless the individual is preregistering to vote:
1521 (a) accept the application for registration [
1522
1523 (b) if possible, promptly inform the individual that the individual will not be registered
1524 to vote in the pending election, unless the individual registers to vote by provisional ballot
1525 during the early voting period, if applicable, or on election day, in accordance with Section
1526 20A-2-207.
1527 [
1528 [
1529 [
1530
1531
1532 [
1533
1534 [
1535 [
1536
1537 [
1538
1539 [
1540
1541 [
1542
1543
1544 [
1545
1546
1547 [
1548 shall sign the application form as provided in Section 20A-3-304.
1549 Section 23. Section 20A-2-207 is amended to read:
1550 20A-2-207. Registration by provisional ballot.
1551 (1) An individual who is not registered to vote may register to vote, and vote, on
1552 election day or during the early voting period described in Section [
1553 by voting a provisional ballot, if:
1554 (a) the individual is otherwise legally entitled to vote the ballot;
1555 (b) the ballot is identical to the ballot for the precinct in which the individual resides;
1556 (c) the information on the provisional ballot form is complete; and
1557 (d) the individual provides valid voter identification and proof of residence to the poll
1558 worker.
1559 (2) If a provisional ballot and the individual who voted the ballot comply with the
1560 requirements described in Subsection (1), the election officer shall:
1561 (a) consider the provisional ballot a voter registration form;
1562 (b) place the ballot with the [
1563 the canvass; and
1564 (c) as soon as reasonably possible, register the individual to vote.
1565 (3) Except as provided in Subsection (4), the election officer shall retain a provisional
1566 ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
1567 determines that the individual who voted the ballot:
1568 (a) is not registered to vote and is not eligible for registration under this section; or
1569 (b) is not legally entitled to vote the ballot that the individual voted.
1570 (4) Subsection (3) does not apply if a court orders the election officer to produce or
1571 count the provisional ballot.
1572 (5) The lieutenant governor shall report to the Government Operations Interim
1573 Committee on or before [
1574 (a) implementation of registration by provisional ballot, as described in this section, on
1575 a statewide basis;
1576 (b) any difficulties resulting from the implementation described in Subsection (5)(a);
1577 (c) the effect of registration by provisional ballot on voter participation in Utah;
1578 (d) the number of ballots cast by voters who registered by provisional ballot:
1579 (i) during the early voting period described in Section [
1580 (ii) on election day; and
1581 (e) suggested changes in the law relating to registration by provisional ballot.
1582 Section 24. Section 20A-2-300.5 is amended to read:
1583 20A-2-300.5. Definitions.
1584 As used in this part:
1585 (1) "Discretionary voter registration agency" means each office designated by the
1586 county clerk to provide [
1587 (2) "Public assistance agency" means each office in Utah that provides:
1588 (a) public assistance; and
1589 (b) state funded programs primarily engaged in providing services to people with
1590 disabilities.
1591 Section 25. Section 20A-2-301 is amended to read:
1592 20A-2-301. County clerk responsibilities -- Voter registration forms.
1593 (1) Each county clerk shall provide [
1594 registration forms for use in the voter registration process.
1595 (2) (a) Each county clerk shall[
1596
1597
1598 agency and discretionary voter registration agency.
1599 (b) Each county clerk may provide [
1600 of the voter registration form to public school districts and nonpublic schools as provided in
1601 Section 20A-2-302.
1602 [
1603
1604
1605 [
1606
1607 [
1608
1609
1610 (b) A person may make multiple copies of the voter registration form at the person's
1611 own expense.
1612 [
1613
1614 (c) A person shall provide all completed voter registration forms in the person's
1615 possession to the county clerk at or before 5 p.m. on the day of the voter registration deadline.
1616 [
1617 for failing to provide a telephone number on the voter registration form.
1618 [
1619 form, other than the person's own completed voter registration form, to willfully fail or refuse
1620 to timely deliver the completed voter registration [
1621 form to the county clerk.
1622 (b) A person who violates this Subsection [
1623 Section 26. Section 20A-2-302 is amended to read:
1624 20A-2-302. Voter registration forms for high school students.
1625 (1) (a) A county clerk may:
1626 (i) contact each high school and each accredited nonpublic high school in the county;
1627 (ii) determine the number of high school seniors; and
1628 (iii) distribute [
1629 high school in an amount sufficient for distribution to each high school senior.
1630 (b) The county clerk shall process a voter registration form received from an individual
1631 under this section in accordance with Section 20A-2-101.1.
1632 (2) Each public school and accredited nonpublic school may:
1633 (a) include the [
1634 (b) collect and forward completed [
1635 clerk.
1636 Section 27. Section 20A-2-304 is amended to read:
1637 20A-2-304. County clerk's responsibilities -- Notice of disposition.
1638 Each county clerk shall:
1639 (1) register to vote each individual who meets the requirements for registration and
1640 who:
1641 (a) submits a completed voter registration form to the county clerk;
1642 (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
1643 the Driver License Division;
1644 (c) submits a completed voter registration form to a public assistance agency or a
1645 discretionary voter registration agency; or
1646 (d) mails a completed [
1647 (2) within 30 days after the day on which the county clerk processes a voter registration
1648 form, send a notice to the individual who submits the form that:
1649 (a) (i) informs the individual that the individual's voter registration form has been
1650 accepted and that the individual is registered to vote;
1651 (ii) informs the individual of the procedure for designating or changing the individual's
1652 political affiliation; and
1653 (iii) informs the individual of the procedure to cancel a voter registration;
1654 (b) informs the individual that the individual's voter registration form has been rejected
1655 and the reason for the rejection; or
1656 (c) (i) informs the individual that the individual's voter registration form is being
1657 returned to the individual for further action because the form is incomplete; and
1658 (ii) gives instructions to the individual on how to properly complete the form.
1659 Section 28. Section 20A-2-307 is amended to read:
1660 20A-2-307. County clerks' instructions to election judges.
1661 (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
1662 ballot if:
1663 (a) the voter has moved from one address within a voting precinct to another address
1664 within the same voting precinct; and
1665 (b) the voter affirms the change of address orally or in writing before the election
1666 judges.
1667 (2) Each county clerk shall instruct election judges to allow an individual to vote a
1668 provisional ballot if:
1669 (a) the individual is not registered to vote, but is otherwise legally entitled to vote
1670 under Section 20A-2-207;
1671 (b) the voter's name does not appear on the official register; or
1672 (c) the voter is challenged as provided in Section [
1673 Section 29. Section 20A-3a-101 is enacted to read:
1674
1675
1676 20A-3a-101. Title.
1677 This chapter is known as "Voting."
1678 Section 30. Section 20A-3a-102, which is renumbered from Section 20A-3-101 is
1679 renumbered and amended to read:
1680 [
1681 (1) An individual may vote in any regular general election or statewide special election
1682 if that individual has registered to vote in accordance with Chapter 2, Voter Registration.
1683 (2) An individual may vote in the presidential primary election or a regular primary
1684 election if:
1685 (a) that individual has registered to vote in accordance with Chapter 2, Voter
1686 Registration; and
1687 (b) that individual's political party affiliation, or unaffiliated status, allows the person
1688 to vote in the election.
1689 (3) An individual may vote in a municipal general election, municipal primary election,
1690 local special election, local district election, and bond election if that individual:
1691 (a) has registered to vote in accordance with Chapter 2, Voter Registration; and
1692 (b) is a resident of a voting district or precinct within the local entity that is holding the
1693 election.
1694 Section 31. Section 20A-3a-103, which is renumbered from Section 20A-3-101.5 is
1695 renumbered and amended to read:
1696 [
1697 17-year-olds may vote.
1698 An individual who is 17 years of age may vote in a regular primary election, a
1699 municipal primary election, or a presidential primary election, if:
1700 (1) the individual will be 18 years of age on or before the day of the general election
1701 that immediately follows the regular primary election, municipal primary election, or
1702 presidential primary election;
1703 (2) the individual is registered to vote in accordance with Chapter 2, Voter
1704 Registration;
1705 (3) the individual's political party affiliation, or unaffiliated status, allows the
1706 individual to vote in the election; and
1707 (4) the individual otherwise complies with the requirements to vote in the primary
1708 election.
1709 Section 32. Section 20A-3a-104, which is renumbered from Section 20A-3-102 is
1710 renumbered and amended to read:
1711 [
1712 All voting at each regular and municipal general election, at each statewide or local
1713 special election, at each primary election, at each local district election, and at each bond
1714 election shall be by secret ballot.
1715 Section 33. Section 20A-3a-105, which is renumbered from Section 20A-3-103 is
1716 renumbered and amended to read:
1717 [
1718 (1) (a) Each employer shall allow any voter to be absent from service or employment
1719 on election day for not more than two hours between the time the polls open and close.
1720 (b) The voter shall apply for a leave of absence before election day.
1721 (c) (i) The employer may specify the hours during which the employee may be absent.
1722 (ii) If the employee requests the leave of absence at the beginning or end of the work
1723 shift, the employer shall grant that request.
1724 (d) The employer may not deduct from an employee's usual salary or wages because of
1725 the absence.
1726 (2) This section does not apply to an employee who has three or more hours between
1727 the time polls open and close during which the employee is not employed on the job.
1728 (3) Any employer who violates this section is guilty of a class B misdemeanor.
1729 Section 34. Section 20A-3a-201 is enacted to read:
1730
1731 20A-3a-201. Voting methods.
1732 (1) Except for an election conducted entirely by mail under Section 20A-7-609.5, a
1733 voter may vote as follows:
1734 (a) by mail;
1735 (b) at a polling location during early voting hours;
1736 (c) at a polling location on election day when the polls are open;
1737 (d) if the voter is an individual with a disability, by voting remotely, via a mechanical
1738 ballot or via electronic means if approved by the election officer;
1739 (e) electronically or via a federal write-in absentee ballot if the voter is a covered voter,
1740 as defined in Section 20A-16-102; or
1741 (f) by emergency ballot, in accordance with Part 3, Emergency Ballots.
1742 (2) A voter may not vote at a polling place if the voter voted by mail or in a manner
1743 described in Subsections (2)(d) through (f).
1744 Section 35. Section 20A-3a-202, which is renumbered from Section 20A-3-302 is
1745 renumbered and amended to read:
1746 [
1747 (1) [
1748 election conducted entirely by mail under Section 20A-7-609.5, an election officer [
1749 administer an election [
1750 section.
1751 [
1752
1753
1754 [
1755
1756 [
1757 (2) An election officer who administers an election [
1758 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
1759 and no later than seven days before election day, mail to each active voter within a voting
1760 precinct:
1761 (i) [
1762 (ii) a return envelope;
1763 [
1764
1765 [
1766 [
1767 relevant deadlines that the voter must meet in order for the voter's vote to be counted; [
1768 (iv) for an election administered by a county clerk, information regarding the location
1769 and hours of operation of any election day voting center at which the voter may vote or a
1770 website address where the voter may view this information; and
1771 (v) for an election administered by an election officer other than a county clerk, if the
1772 election officer does not operate a polling location or an election day voting center, a warning,
1773 on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
1774 the instructions included with the [
1775 election because there will be no polling place [
1776 election; and
1777 (b) may not mail [
1778 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1779 (ii) a voter whom the election officer is prohibited from sending [
1780 under Subsection [
1781 [
1782
1783 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
1784 the manual ballot to the address:
1785 (i) provided at the time of registration; or
1786 (ii) if, at or after the time of registration, the voter files an alternate address request
1787 form described in Subsection (3)(b), the alternate address indicated on the form.
1788 (b) The lieutenant governor shall make available to voters an alternate address request
1789 form that permits a voter to request that the election officer mail the voter's ballot to a location
1790 other than the voter's residence.
1791 (c) A voter shall provide the completed alternate address request form to the election
1792 officer no later than 11 days before the day Ŝ→ [
1792a of the election ←Ŝ .
1793 (4) The return envelope shall include:
1794 (a) the name, official title, and post office address of the election officer on the front of
1795 the envelope;
1796 (b) a space where a voter may write an email address and phone number by which the
1797 election officer may contact the voter if the voter's ballot is rejected;
1798 (c) a printed affidavit in substantially the following form:
1799 "County of ____State of ____
1800 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1801 in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1802 currently incarcerated for commission of a felony.
1803 ______________________________
1804 Signature of Voter"; and
1805 (d) a warning that the affidavit must be signed by the individual to whom the ballot
1806 was sent and that the ballot will not be counted if the signature on the affidavit does not match
1807 the signature on file with the election officer of the individual to whom the ballot was sent.
1808 (5) If the election officer determines that the voter is required to show valid voter
1809 identification, the election officer may:
1810 (a) mail a ballot to the voter; and
1811 (b) instruct the voter to include a copy of the voter's valid voter identification with the
1812 return ballot.
1813 [
1814 (a) (i) before the election, obtain[
1815
1816 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1817 and
1818 (b) maintain the signatures on file in the election officer's office.
1819 [
1820 and process the ballot under Section [
1821 [
1822 (a) shall provide at least one election day voting center in accordance with Chapter 3,
1823 Part 7, Election Day Voting Center, and at least one additional election day voting center for
1824 every 5,000 active voters in the county who [
1825
1826 (b) shall ensure that each election day voting center operated by the county has at least
1827 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
1828 Pub. L. No. 107-252, for individuals with disabilities;
1829 (c) may reduce the early voting period described in Section [
1830 if:
1831 (i) the county clerk conducts early voting on at least four days;
1832 (ii) the early voting days are within the period beginning on the date that is 14 days
1833 before the date of the election and ending on the day before the election; and
1834 (iii) the county clerk provides notice of the reduced early voting period in accordance
1835 with Section [
1836 (d) is not required to pay return postage for [
1837 (e) is subject to an audit conducted under Subsection [
1838 [
1839 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
1840 an election conducted under this section; and
1841 (ii) after each primary, general, or special election conducted under this section, select
1842 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
1843 developed under Subsection [
1844 (b) The lieutenant governor shall post the results of an audit conducted under this
1845 Subsection [
1846 [
1847
1848 and subsequent elections by submitting a written request to the election officer.
1849 (b) An individual shall submit the request described in Subsection [
1850 election officer before 5 p.m. no later than 60 days before an election if the individual does not
1851 wish to receive [
1852 (c) An election officer who receives a request from an individual under Subsection
1853 [
1854 (i) shall remove the individual's name from the list of voters who will receive [
1855
1856 (ii) may not send the individual [
1857 (A) the next election, if the individual submits the request described in Subsection [
1858 (10)(a) before the deadline described in Subsection [
1859 (B) an election after the election described in Subsection [
1860 (d) An individual who submits a request under Subsection [
1861 individual's receipt of [
1862
1863 request to the election officer.
1864 Section 36. Section 20A-3a-203, which is renumbered from Section 20A-3-104 is
1865 renumbered and amended to read:
1866 [
1867 (1) Except as provided in Section 20A-7-609.5, a registered voter may vote at a polling
1868 place in an election in accordance with this section.
1869 [
1870 name, and, if requested, the voter's residence, to one of the poll workers.
1871 (b) The voter shall present valid voter identification to one of the poll workers.
1872 (c) If the poll worker is not satisfied that the voter has presented valid voter
1873 identification, the poll worker shall:
1874 (i) indicate on the official register that the voter was not properly identified;
1875 (ii) issue the voter a provisional ballot;
1876 (iii) notify the voter that the voter will have until the close of normal office hours on
1877 Monday after the day of the election to present valid voter identification:
1878 (A) to the county clerk at the county clerk's office; or
1879 (B) to an election officer who is administering the election; and
1880 (iv) follow the procedures and requirements of Section [
1881 (d) If the person's right to vote is challenged as provided in Section [
1882 20A-3a-803, the poll worker shall follow the procedures and requirements of Section
1883 [
1884 [
1885
1886 [
1887
1888 [
1889 [
1890 [
1891 [
1892 [
1893
1894 [
1895
1896 [
1897 [
1898 [
1899 [
1900 [
1901 [
1902 [
1903
1904 [
1905 [
1906 [
1907 [
1908 [
1909
1910
1911 (3) A poll worker shall check the official register to determine whether:
1912 (a) a voter is registered to vote; and
1913 (b) if the election is a regular primary election or a presidential primary election,
1914 whether a voter's party affiliation designation in the official register allows the voter to vote the
1915 ballot that the voter requests.
1916 (4) (a) Except as provided in Subsection (5), if the voter's name is not found on the
1917 official register, the poll worker shall follow the procedures and requirements of Section
1918 20A-3a-205.
1919 (b) If, in a regular primary election or a presidential primary election, the official
1920 register does not affirmatively identify the voter as being affiliated with a registered political
1921 party or if the official register identifies the voter as being "unaffiliated," the voter shall be
1922 considered to be "unaffiliated."
1923 (5) In a regular primary election or a presidential primary election:
1924 (a) if a voter's name is not found on the official register, and if it is not unduly
1925 disruptive to the election process, the poll worker may attempt to contact the county clerk's
1926 office to request oral verification of the voter's registration;
1927 (b) if oral verification is received from the county clerk's office, the poll worker shall:
1928 (i) record the verification on the official register;
1929 (ii) determine the voter's party affiliation and the ballot that the voter is qualified to
1930 vote; and
1931 (iii) except as provided in Subsection (6), comply with Subsection (3).
1932 (6) (a) Except as provided in Subsection (6)(b), if, in a regular primary election or a
1933 presidential primary election, the voter's political party affiliation listed in the official register
1934 does not allow the voter to vote the ballot that the voter requested, the poll worker shall inform
1935 the voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
1936 does allow the voter to vote.
1937 (b) If, in a regular primary election or a presidential primary election, the voter is listed
1938 in the official register as unaffiliated, or if the official register does not affirmatively identify
1939 the voter as either unaffiliated or affiliated with a registered political party, and the voter, as an
1940 unaffiliated voter, is not authorized to vote the ballot that the voter requests, the poll worker
1941 shall:
1942 (i) ask the voter if the voter wishes to vote another registered political party ballot that
1943 the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
1944 (ii) (A) if the voter wishes to vote another registered political party ballot that the
1945 unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
1946 (3); or
1947 (B) if the voter wishes to remain unaffiliated and does not wish to vote another ballot
1948 that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
1949 voter may not vote.
1950 (7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions
1951 of Subsection (6), if the poll worker determines that the voter is registered, a poll worker shall:
1952 (a) direct the voter to sign the voter's name in the official register;
1953 (b) provide to the voter the ballot that the voter is qualified to vote; and
1954 (c) allow the voter to enter the voting booth.
1955 Section 37. Section 20A-3a-204 is enacted to read:
1956 20A-3a-204. Marking and depositing ballots.
1957 (1) To vote by mail:
1958 (a) except as provided in Subsection (6), the voter shall prepare the voter's manual
1959 ballot by marking the appropriate space with a mark opposite the name of each candidate of the
1960 voter's choice for each office to be filled;
1961 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
1962 appropriate space with a mark opposite the answer the voter intends to make;
1963 (c) except as provided in Subsection (6), the voter shall record a write-in vote in
1964 accordance with Subsection 20A-3a-206(4);
1965 (d) except as provided in Subsection (6), a mark is not required opposite the name of a
1966 write-in candidate; and
1967 (e) the voter shall:
1968 (i) complete and sign the affidavit on the return envelope;
1969 (ii) place the voted ballot in the return envelope;
1970 (iii) securely seal the return envelope; and
1971 (iv) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
1972 (B) place the return envelope in a ballot drop box, designated by the election officer,
1973 for the precinct where the voter resides.
1974 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
1975 mailed must be:
1976 (i) clearly postmarked before election day, or otherwise clearly marked by the post
1977 office as received by the post office before election day; and
1978 (ii) received in the office of the election officer before noon on the day of the official
1979 canvass following the election.
1980 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
1981 close on election day, be deposited in:
1982 (i) a ballot box at a polling place; or
1983 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
1984 ballot relates.
1985 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
1986 drop box in the wrong jurisdiction to the correct jurisdiction.
1987 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
1988 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
1989 deposit the ballot in the ballot drop box.
1990 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
1991 complying with Subsections (1)(a) through (d):
1992 (a) sign the official register or pollbook; and
1993 (b) (i) place the ballot in the ballot box; or
1994 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
1995 envelope, complete the information printed on the provisional ballot envelope, and deposit the
1996 provisional ballot envelope in the provisional ballot box.
1997 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
1998 (b) An individual other than an individual with a disability may vote a mechanical
1999 ballot at a polling place if permitted by the election officer.
2000 (5) To vote a mechanical ballot, the voter shall:
2001 (a) make the selections according to the instructions provided for the voting device;
2002 and
2003 (b) subject to Subsection (6), record a write-in vote by:
2004 (i) selecting the appropriate position for entering a write-in candidate; and
2005 (ii) using the voting device to enter the name of the valid write-in candidate for whom
2006 the voter wishes to vote.
2007 (6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
2008 Municipal Alternate Voting Methods Pilot Project, a voter:
2009 (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
2010 first preference for the office; and
2011 (b) may indicate, as directed on the ballot, the names of the remaining candidates in
2012 order of the voter's preference.
2013 (7) A voter who votes at a polling place:
2014 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
2015 area after voting; and
2016 (b) may not:
2017 (i) occupy a voting booth occupied by another, except as provided in Section
2018 20A-3a-208;
2019 (ii) remain within the voting area more than 10 minutes; or
2020 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
2021 voters are waiting to occupy a voting booth.
2022 (8) If the official register shows any voter as having voted, that voter may not reenter
2023 the voting area during that election unless that voter is an election official or watcher.
2024 (9) A poll worker may not, at a polling place, allow more than four voters more than
2025 the number of voting booths into the voting area at one time unless those excess voters are:
2026 (a) election officials;
2027 (b) watchers; or
2028 (c) assisting voters with a disability.
2029 Section 38. Section 20A-3a-205, which is renumbered from Section 20A-3-105.5 is
2030 renumbered and amended to read:
2031 [
2032 (1) The poll workers shall follow the procedures and requirements of this section
2033 when:
2034 (a) the [
2035 [
2036 (b) the [
2037 (c) the poll worker is not satisfied that the voter has provided valid voter identification.
2038 (2) When faced with one of the circumstances [
2039 or (b), the poll worker shall:
2040 (a) request that the [
2041 (b) review the identification provided by the [
2042 (3) If the poll worker is satisfied that the [
2043 identification that establishes the [
2044 precinct [
2045 (a) the poll worker in charge of the official register shall:
2046 (i) record in the official register the type of identification that established the [
2047 individual's identity and place of residence;
2048 (ii) [
2049 the name of the [
2050 (iii) direct the [
2051
2052 [
2053
2054 [
2055 [
2056 [
2057 [
2058 [
2059 (4) If the poll worker is not satisfied that the [
2060 identification that establishes the [
2061 precinct [
2062 (a) the poll worker in charge of the official register shall:
2063 (i) record in the official register that the voter did not provide valid voter identification;
2064 (ii) record in the official register the type of identification that was provided by the
2065 [
2066 (iii) [
2067 with the name of the [
2068 (iv) direct the [
2069
2070 [
2071
2072 [
2073 [
2074 [
2075 [
2076 [
2077 (5) [
2078 more than one [
2079
2080 the ballot that the voter is qualified to vote.
2081 Section 39. Section 20A-3a-206, which is renumbered from Section 20A-3-106 is
2082 renumbered and amended to read:
2083 [
2084 Writing in names -- Effect of unnecessary marking.
2085 (1) When voting a [
2086 candidates who are listed on the ballot as being from any one registered political party may:
2087 (a) mark in the [
2088 (b) mark in the [
2089 party ticket; or
2090 (c) make both markings.
2091 [
2092
2093 [
2094 [
2095 [
2096 [
2097
2098 [
2099 [
2100 [
2101
2102 [
2103 for all the candidates who are listed on the ballot as being from any one registered political
2104 party may:
2105 [
2106 [
2107 [
2108 [
2109
2110 [
2111 [
2112
2113 [
2114 selected or placed a mark next to a party name in order to vote a straight party ticket and wishes
2115 to vote for a person on another party ticket for an office, or for an unaffiliated candidate, the
2116 voter shall select or mark the ballot next to the name of the candidate for whom the voter
2117 wishes to vote.
2118 [
2119 manual ballot by writing the name of a valid write-in candidate in the blank write-in section of
2120 the ballot.
2121 (b) A voter may not cast a write-in vote on a [
2122 ballot by affixing a sticker or label with the name of a write-in candidate in the blank write-in
2123 section of the ballot.
2124 [
2125 (a) marking the appropriate position opposite the area for entering a write-in candidate
2126 for the office sought by the candidate for whom the voter wishes to vote; and
2127 (b) entering the name of a valid write-in candidate in the write-in selection area.
2128 Section 40. Section 20A-3a-207, which is renumbered from Section 20A-3-107 is
2129 renumbered and amended to read:
2130 [
2131 [
2132
2133 [
2134 at a time, not exceeding three in all, upon returning each spoiled one.
2135 [
2136 give the voter a new ballot.
2137 [
2138 (a) immediately write the word "spoiled" across the face of the ballot; and
2139 (b) place the ballot in the envelope for spoiled ballots.
2140 Section 41. Section 20A-3a-208, which is renumbered from Section 20A-3-108 is
2141 renumbered and amended to read:
2142 [
2143 (1) Any voter who has a disability, or is blind, unable to read or write, unable to read or
2144 write the English language, or is physically unable to enter a polling place, may be given
2145 assistance by [
2146 (2) The [
2147 (a) the voter's employer;
2148 (b) an agent of the employer;
2149 (c) an officer or agent of the voter's union; or
2150 (d) a candidate.
2151 (3) The person providing assistance may not request, persuade, or otherwise induce the
2152 voter to vote for or vote against any particular candidate or issue or release any information
2153 regarding the voter's selection.
2154 [
2155
2156 Section 42. Section 20A-3a-209, which is renumbered from Section 20A-3-109 is
2157 renumbered and amended to read:
2158 [
2159 (1) If any voter, after entering [
2160 concerning the manner of voting, two poll workers, each from a different political party, shall
2161 instruct the voter.
2162 (2) After instructing the voter, and before the voter [
2163 worker shall leave the voting booth so that the voter may vote in secret.
2164 (3) A poll worker instructing a voter about the voting process may not request, suggest,
2165 or seek to persuade or induce the voter to vote for or against any particular ticket, any particular
2166 candidate, or for or against any ballot proposition.
2167 Section 43. Section 20A-3a-301, which is renumbered from Section 20A-3-306.5 is
2168 renumbered and amended to read:
2169
2170 [
2171 (1) As used in this section, "hospitalized voter" means a registered voter who:
2172 (a) is hospitalized or otherwise confined to a medical or long-term care institution
2173 [
2174
2175 (b) does not have a manual ballot in the voter's immediate possession;
2176 (c) is able to vote a manual ballot; and
2177 (d) is not able to acquire a manual ballot without the assistance of another individual.
2178 (2) [
2179 accordance with this section, obtain [
2180 emergency ballot and vote at any time after the election officer mails manual ballots to the
2181 majority of voters and before the close of polls on election day [
2182
2183 (3) (a) Any individual may obtain an [
2184
2185 on behalf of a hospitalized voter by requesting a ballot and application in person at the election
2186 officer's office during business hours.
2187 (b) The election officer shall require the individual to sign a statement identifying the
2188 individual and the hospitalized voter.
2189 (4) To vote, the hospitalized voter shall complete the [
2190 application, complete and sign the [
2191 envelope, mark the voter's votes on the [
2192 ballot into the envelope, and seal the envelope unless a different method is authorized under
2193 Section 20A-1-308.
2194 (5) To be counted, the [
2195 [
2196
2197 accordance with the requirements of this chapter.
2198 Section 44. Section 20A-3a-401, which is renumbered from Section 20A-3-308 is
2199 renumbered and amended to read:
2200
2201 [
2202 a ballot drop box -- Disposition -- Notice.
2203 (1) This section governs ballots returned by mail or via a ballot drop box.
2204 [
2205 [
2206
2207 Subsection [
2208 (b) The poll workers shall[
2209 compare the signature of the voter on the [
2210 the signature [
2211 [
2212
2213 [
2214 [
2215 [
2216
2217 [
2218
2219 [
2220 [
2221 [
2222
2223 [
2224
2225 [
2226 [
2227
2228 [
2229 [
2230
2231 [
2232 [
2233 [
2234 [
2235 (3) After complying with Subsection (2), the poll workers shall determine whether:
2236 (a) the signatures correspond;
2237 (b) the affidavit is sufficient;
2238 (c) the voter is registered to vote in the correct precinct;
2239 (d) the voter's right to vote the ballot has been challenged;
2240 (e) the voter has already voted in the election;
2241 (f) the voter is required to provide valid voter identification; and
2242 (g) if the voter is required to provide valid voter identification, whether the voter has
2243 provided valid voter identification.
2244 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
2245 workers determine that:
2246 (i) the signatures correspond;
2247 (ii) the affidavit is sufficient;
2248 (iii) the voter is registered to vote in the correct precinct;
2249 (iv) the voter's right to vote the ballot has not been challenged;
2250 (v) the voter has not already voted in the election; and
2251 (vi) for a voter required to provide valid voter identification, that the voter has
2252 provided valid voter identification.
2253 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
2254 workers shall:
2255 (i) remove the manual ballot from the return envelope in a manner that does not
2256 destroy the affidavit on the return envelope;
2257 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
2258 with the return envelope; and
2259 (iii) place the ballot with the other ballots to be counted.
2260 [
2261
2262
2263 shall:
2264 [
2265 [
2266 the return envelope:
2267 [
2268 [
2269 [
2270
2271
2272 (iii) place the return envelope, unopened, with the other rejected return envelopes.
2273 (5) (a) If the [
2274 ballot because the [
2275 [
2276 the voter registration records, the election officer shall contact the individual in accordance
2277 with Subsection (7) by mail, email, text message, or phone, and inform the individual:
2278 (i) that the individual's signature is in question;
2279 (ii) how the individual may resolve the issue;
2280 (iii) that, in order for the ballot to be counted, the individual is required to deliver to
2281 the election officer a correctly completed affidavit, provided by the county clerk, that meets the
2282 requirements described in Subsection (5)(b).
2283 (b) An affidavit described in Subsection (5)(a)(iii) shall include:
2284 (i) an attestation that the individual voted the [
2285 (ii) a space for the individual to enter the individual's name, date of birth, and driver
2286 license number or the last four digits of the individual's social security number;
2287 (iii) a space for the individual to sign the affidavit; and
2288 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
2289 governor's and county clerk's use of the individual's signature on the affidavit for voter
2290 identification purposes.
2291 (c) In order for an individual described in Subsection (5)(a) to have the individual's
2292 ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
2293 election officer.
2294 (d) An election officer who receives a signed affidavit under Subsection (5)(c) shall
2295 immediately:
2296 (i) scan the signature on the affidavit electronically and keep the signature on file in the
2297 statewide voter registration database developed under Section 20A-2-109; and
2298 (ii) if the election officer receives the affidavit no later than 5 p.m. the day before the
2299 canvass, count the individual's ballot.
2300 (6) [
2301 ballot for any reason, other than the reason described in Subsection (5)(a), the election officer
2302 shall notify the individual of the rejection in accordance with Subsection (7) by mail, email,
2303 text message, or phone and specify the reason for the rejection.
2304 (7) An election officer who is required to give notice under Subsection (5) or (6) shall
2305 give the notice no later than:
2306 (a) if the election officer rejects the [
2307 (i) one business day after the day on which the election officer rejects the [
2308 ballot, if the election officer gives the notice by email or text message; or
2309 (ii) two business days after the day on which the election officer rejects the [
2310 ballot, if the election officer gives the notice by postal mail or phone;
2311 (b) seven days after election day if the election officer rejects the [
2312 election day; or
2313 (c) seven days after the canvass if the election officer rejects the [
2314 election day and before the end of the canvass.
2315 (8) An election officer may not count the [
2316 election officer contacts under Subsection (5) or (6) unless the election officer receives a signed
2317 affidavit from the individual under Subsection (5)(b) or is otherwise able to establish contact
2318 with the individual to confirm the individual's identity.
2319 (9) The election officer shall retain and preserve the [
2320 in the manner provided by law for the retention and preservation of [
2321 that election.
2322 Section 45. Section 20A-3a-402, which is renumbered from Section 20A-3-309 is
2323 renumbered and amended to read:
2324 [
2325 Disposition -- Counting -- Release of number of ballots cast.
2326 (1) This section governs ballots voted at a polling place.
2327 [
2328 [
2329 [
2330 official canvass following the election.
2331 [
2332 processed and counted:
2333 (i) by the election officer, or poll workers acting under the supervision of the election
2334 officer, before the date of the canvass; and
2335 (ii) at the canvass, by the election officer or poll workers, acting under the supervision
2336 of the official canvassers of the election.
2337 [
2338 with the procedures and requirements of Section [
2339 envelopes, verifying signatures, confirming eligibility of the ballots, and depositing [
2340
2341 (3) (a) After all valid [
2342 been deposited, the ballots shall be counted in the usual manner.
2343 (b) After the polls close on the date of the election, the election officer shall publicly
2344 release the results of those [
2345 been counted on or before the date of the election.
2346 (c) Except as provided in Subsection (3)(d), on each day, beginning on the day after the
2347 date of the election and ending on the day before the date of the canvass, the election officer
2348 shall publicly release the results of all [
2349 counted on that day.
2350 (d) (i) If complying with Subsection (3)(c) on a particular day will likely result in
2351 disclosing a vote cast by an individual voter, the election officer shall request permission from
2352 the lieutenant governor to delay compliance for the minimum number of days necessary to
2353 protect against disclosure of the voter's vote.
2354 (ii) The lieutenant governor shall grant a request made under Subsection (3)(d)(i) if the
2355 lieutenant governor finds that the delay is necessary to protect against disclosure of a voter's
2356 vote.
2357 (e) On the date of the canvass, the election officer shall provide a tally of all [
2358 ballots [
2359 the official canvass of the election.
2360 (4) (a) On the day after the date of the election, the election officer shall determine the
2361 number of [
2362 number available to the public.
2363 (b) The election officer may elect to publicly release updated totals for the number of
2364 [
2365 Section 46. Section 20A-3a-403, which is renumbered from Section 20A-3-310 is
2366 renumbered and amended to read:
2367 [
2368 (1) (a) It is unlawful for any person to willfully falsify the [
2369 required by this part.
2370 (b) Any person violating this [
2371 be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
2372 Matters.
2373 (2) (a) It is unlawful for any election officer to:
2374 (i) refuse or neglect to perform any of the duties required by this part; or
2375 (ii) violate any of the provisions of this part.
2376 (b) Any person who violates this [
2377 misdemeanor.
2378 Section 47. Section 20A-3a-501, which is renumbered from Section 20A-3-501 is
2379 renumbered and amended to read:
2380
2381 [
2382 (1) As used in this section:
2383 (a) "electioneering" includes any oral, printed, or written attempt to persuade persons to
2384 refrain from voting or to vote for or vote against any candidate or issue; and
2385 (b) "polling place" means the physical place where ballots [
2386 cast and includes [
2387
2388 (2) (a) [
2389 within 150 feet of the building where a polling place is located:
2390 (i) do any electioneering;
2391 (ii) circulate cards or handbills of any kind;
2392 (iii) solicit signatures to any kind of petition; or
2393 (iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
2394 the administration of the polling place.
2395 (b) A county, municipality, school district, or local district may not prohibit
2396 electioneering that occurs more than 150 feet from the building where a polling place is
2397 located, but may regulate the place and manner of that electioneering to protect the public
2398 safety.
2399 (3) (a) [
2400 which a polling place is located or prevent free access to and from any polling place.
2401 (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
2402 obstruction of the entrance to a polling place and may arrest [
2403 an obstruction.
2404 (4) [
2405
2406 voter to show [
2407 (5) [
2408 an unused ballot to a voter unless that [
2409 (6) [
2410 class A misdemeanor.
2411 (7) A political subdivision may not prohibit political signs that are located more than
2412 150 feet away from a polling place, but may regulate their placement to protect public safety.
2413 Section 48. Section 20A-3a-502 is enacted to read:
2414 20A-3a-502. Intimidation -- Undue influence.
2415 (1) It is unlawful for a person to induce or compel an individual to vote or refrain from
2416 voting at an election provided by law or to vote or refrain from voting for a particular
2417 individual or measure at an election provided by law, directly or indirectly, by:
2418 (a) using force, violence, or restraint;
2419 (b) inflicting or threatening to inflict injury, damage, harm, or loss; or
2420 (c) by intimidation.
2421 (2) It is unlawful for a person to, by abduction, force, or fraud, impede, prevent, or
2422 otherwise interfere with the free exercise of the elective franchise of any voter, either in voting
2423 at any election provided by law or voting or refraining from voting for a particular individual or
2424 measure at an election provided by law.
2425 (3) It is unlawful for a person to:
2426 (a) enclose in the salary or wage envelopes of an employee of the person, political
2427 mottoes, devices, or arguments containing threats, express or implied, intended or calculated to
2428 influence the political opinion, views, or action of the employee; or
2429 (b) within 90 days before the day of an election provided by law, post or otherwise
2430 exhibit, in a location where the person's employees may be working or may be present in the
2431 course of employment, any handbill, notice, or placard containing any threat, notice, or
2432 information, that if any particular ticket or candidate is or is not elected:
2433 (i) work performed by the person's employees will cease in whole or in part;
2434 (ii) the workplace will close;
2435 (iii) wages of workforce will be reduced; or
2436 (iv) other adverse consequences, under the control of the person, will result.
2437 (4) Violation of this section is a class B misdemeanor.
2438 Section 49. Section 20A-3a-503, which is renumbered from Section 20A-3-503 is
2439 renumbered and amended to read:
2440 [
2441 (1) It is unlawful for any corporation, or any officer or agent of any corporation, to
2442 influence, or attempt to influence, induce, or compel by force, violence, or restraint, or by
2443 inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from
2444 employment or promoting in employment, or by intimidation, or in any manner whatever, any
2445 employee to vote or refrain from voting at any election provided by law, or to vote or refrain
2446 from voting for any particular person or measure at that election.
2447 (2) (a) Any corporation or any officer or agent of that corporation who violates any of
2448 the provisions of this section is guilty of a class B misdemeanor.
2449 (b) Any corporation violating any of the provisions of this section shall forfeit its
2450 charter and right to do business in this state in addition to any other penalties imposed by law.
2451 Section 50. Section 20A-3a-504, which is renumbered from Section 20A-3-504 is
2452 renumbered and amended to read:
2453 [
2454 (1) Except as [
2455 20a-3a-208, an individual is guilty of a class C misdemeanor if the individual:
2456 (a) allows the individual's ballot to be seen by another with the intent to reveal how the
2457 individual is about to vote;
2458 (b) states falsely that the individual is unable to mark the individual's ballot;
2459 (c) interferes or attempts to interfere with any individual who is inside the voting booth
2460 or who is marking a ballot;
2461 (d) induces or attempts to induce any voter who is inside a voting booth or who is
2462 marking a ballot to vote to show how the voter marked the voter's ballot; or
2463 (e) takes a photograph of a ballot, other than the individual's own ballot, at a polling
2464 place.
2465 (2) The election judges and clerks shall report any individual who violates this section
2466 to the county attorney or district attorney having state criminal jurisdiction for prosecution.
2467 (3) Subsection (1) does not prohibit an individual from transferring a photograph of the
2468 individual's own ballot in a manner that allows the photograph to be viewed by the individual
2469 or another.
2470 Section 51. Section 20A-3a-505, which is renumbered from Section 20A-3-505 is
2471 renumbered and amended to read:
2472 [
2473 (1) (a) [
2474 (i) apply for a ballot in the name of [
2475 of whether [
2476 person; [
2477 (ii) after having voted once at an election, apply again at the same election for a ballot
2478 in the [
2479 (iii) sign the affidavit on a return envelope for another individual.
2480 (b) [
2481 degree felony.
2482 (2) (a) [
2483 [
2484 (b) [
2485 misdemeanor.
2486 Section 52. Section 20A-3a-506, which is renumbered from Section 20A-3-506 is
2487 renumbered and amended to read:
2488 [
2489 envelope.
2490 (1) [
2491 ballot envelope.
2492 (2) [
2493 misdemeanor.
2494 Section 53. Section 20A-3a-601, which is renumbered from Section 20A-3-601 is
2495 renumbered and amended to read:
2496
2497 [
2498 (1) Except as provided in Section 20A-7-609.5:
2499 (a) [
2500 election date in accordance with this section[
2501 (b) [
2502 polling place before the election date in accordance with this section if the individual:
2503 (i) is otherwise legally entitled to vote the ballot; and
2504 (ii) casts a provisional ballot in accordance with Section 20A-2-207.
2505 (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period
2506 [
2507 (a) [
2508 (b) [
2509 Tuesday.
2510 (3) (a) An election officer may extend the end of the early voting period to the day
2511 before the election date if the election officer provides notice of the extension in accordance
2512 with Section [
2513 (b) For a municipal election, the municipal clerk may reduce the early voting period
2514 described in this section if:
2515 (i) the municipal clerk conducts early voting on at least four days;
2516 (ii) the early voting days are within the period beginning on the date that is 14 days
2517 before the date of the election and ending on the day before the election; and
2518 (iii) the municipal clerk provides notice of the reduced early voting period in
2519 accordance with Section [
2520 (c) For a county election [
2521 reduce the early voting period described in this section if:
2522 (i) the county clerk conducts early voting on at least four days;
2523 (ii) the early voting days are within the period beginning on the date that is 14 days
2524 before the date of the election and ending on the day before the election; and
2525 (iii) the county clerk provides notice of the reduced early voting period in accordance
2526 with Section [
2527 (4) Except as provided in Section 20A-1-308, during the early voting period, the
2528 election officer:
2529 (a) for a local special election, a municipal primary election, and a municipal general
2530 election:
2531 (i) shall conduct early voting on a minimum of four days during each week of the early
2532 voting period; and
2533 (ii) shall conduct early voting on the last day of the early voting period; and
2534 (b) for all other elections:
2535 (i) shall conduct early voting on each weekday; and
2536 (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
2537 (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
2538 early voting shall be administered [
2539 title.
2540 Section 54. Section 20A-3a-602, which is renumbered from Section 20A-3-602 is
2541 renumbered and amended to read:
2542 [
2543 (1) Except as provided in Section 20A-1-308, the election officer shall determine the
2544 times for opening and closing the polls for each day of early voting provided that voting is open
2545 for a minimum of four hours during each day that polls are open during the early voting period.
2546 (2) Except as provided in Section 20A-1-308, each registered voter who arrives at the
2547 polls before the time scheduled for closing of the polls shall be allowed to vote.
2548 Section 55. Section 20A-3a-603, which is renumbered from Section 20A-3-603 is
2549 renumbered and amended to read:
2550 [
2551 (1) Except as provided in Section 20A-1-308 or 20A-7-609.5, the election officer shall
2552 designate one or more polling places for early voting, [
2553 (a) at least one polling place [
2554 the early voting period;
2555 (b) each polling place [
2556 under Chapter 5, Election Administration;
2557 (c) for all elections other than local special elections, municipal primary elections, and
2558 municipal general elections, at least 10% of the voting devices at a polling place [
2559 accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
2560 America Vote Act of 2002; and
2561 (d) each polling place [
2562 the election officer determines that, in the area designated by the election officer, there is no
2563 government building or office available that:
2564 (i) can be scheduled for use during early voting hours;
2565 (ii) has the physical facilities necessary to accommodate early voting requirements;
2566 (iii) has adequate space for voting equipment, poll workers, and voters; and
2567 (iv) has adequate security, public accessibility, and parking.
2568 (2) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2569 deadline described in Section [
2570 (i) if necessary, change the location of an early voting place; or
2571 (ii) if the election officer determines that the number of early voting polling places is
2572 insufficient due to the number of registered voters who are voting, designate additional polling
2573 places during the early voting period.
2574 (b) Except as provided in Section 20A-1-308, if an election officer changes the
2575 location of an early voting polling place or designates an additional early voting polling place,
2576 the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
2577 location of the changed early voting polling place or the additional early voting polling place:
2578 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
2579 (ii) by posting the information on the website of the election officer, if available; and
2580 (iii) by posting notice:
2581 (A) for a change in the location of an early voting polling place, at the new location
2582 and, if possible, the old location; and
2583 (B) for an additional early voting polling place, at the additional early voting polling
2584 place.
2585 (3) Except as provided in Section 20A-1-308, for each regular general election and
2586 regular primary election, counties of the first class shall ensure that the early voting polling
2587 places are approximately proportionately distributed based on population within the county.
2588 Section 56. Section 20A-3a-604, which is renumbered from Section 20A-3-604 is
2589 renumbered and amended to read:
2590 [
2591 (1) Except as provided in Section 20A-1-308 or Subsection [
2592 20A-3a-603(2), the election officer shall, at least 19 days before the date of the election,
2593 publish notice of the dates, times, and locations of early voting:
2594 (a) (i) in one issue of a newspaper of general circulation in the county;
2595 (ii) if there is no newspaper of general circulation in the county, in addition to posting
2596 the notice described in Subsection (1)(b), by posting one notice, and at least one additional
2597 notice per 2,000 population of the county, in places within the county that are most likely to
2598 give notice to the residents in the county; or
2599 (iii) by mailing notice to each registered voter in the county;
2600 (b) by posting the notice at each early voting polling place;
2601 (c) on the Utah Public Notice Website created in Section 63F-1-701, for 19 days before
2602 the day of the election;
2603 (d) in accordance with Section 45-1-101, for 19 days before the date of the election;
2604 and
2605 (e) on the county's website for 19 days before the day of the election.
2606 (2) Instead of publishing all dates, times, and locations of early voting under
2607 Subsection (1), the election officer may publish a statement that specifies the following sources
2608 where a voter may view or obtain a copy of all dates, times, and locations of early voting:
2609 (a) the county's website;
2610 (b) the physical address of the county's offices; and
2611 (c) a mailing address and telephone number.
2612 (3) The election officer shall include in the notice described in Subsection (1):
2613 (a) the address of the Statewide Electronic Voter Information Website and, if available,
2614 the address of the election officer's website, with a statement indicating that the election officer
2615 will post on the website the location of each early voting polling place, including any changes
2616 to the location of an early voting polling place and the location of additional early voting
2617 polling places; and
2618 (b) a phone number that a voter may call to obtain information regarding the location
2619 of an early voting polling place.
2620 Section 57. Section 20A-3a-605, which is renumbered from Section 20A-3-605 is
2621 renumbered and amended to read:
2622 [
2623 (1) (a) This part does not apply to an election of a board member of a local district.
2624 (b) Notwithstanding Subsection (1)(a), a local district may, [
2625 discretion, provide early voting in accordance with this part for [
2626 member.
2627 (2) Notwithstanding the requirements of Section 20A-3-601, a municipality of the fifth
2628 class or a town as described in Section 10-2-301 may provide early voting as provided under
2629 this part for:
2630 (a) a municipal primary election; or
2631 (b) a municipal general election.
2632 (3) A municipality [
2633
2634 Section 58. Section 20A-3a-701, which is renumbered from Section 20A-3-701 is
2635 renumbered and amended to read:
2636
2637 [
2638 As used in this part:
2639 (1) "Election day voting center" means a polling place designated by an election officer
2640 to provide for voting on election day for [
2641 (a) is eligible to vote; and
2642 (b) resides within the political subdivision holding the election.
2643 (2) "Voting center ballot" means a regular ballot that:
2644 (a) is provided at an election day voting center; and
2645 (b) may be retrieved by the election official during the canvass if the voter cast a ballot
2646 at another location or before election day.
2647 Section 59. Section 20A-3a-702, which is renumbered from Section 20A-3-702 is
2648 renumbered and amended to read:
2649 [
2650 -- Compliance with Election Code.
2651 (1) [
2652 election day voting center in one or more locations designated under Section [
2653 20A-3a-703.
2654 (2) An election officer shall provide for voting at an election day voting center by:
2655 (a) regular ballot if:
2656 (i) (A) the election day voting center is designated under Section 20A-5-403 as the
2657 polling place for the voting precinct in which the voter resides; and
2658 (B) the voter is eligible to vote [
2659 in accordance with this title; or
2660 (ii) (A) the voter resides within the political subdivision holding the election;
2661 (B) the voter is otherwise eligible to vote [
2662 this title; and
2663 (C) the jurisdiction holding the election uses a method that confirms that the voter has
2664 not voted previously in the election;
2665 (b) voting center ballot if:
2666 (i) the election day voting center is not designated under Section 20A-5-403 as the
2667 polling place for the voting precinct in which the voter resides;
2668 (ii) the voter resides within the political subdivision holding the election; and
2669 (iii) the voter is otherwise eligible to vote [
2670 this title; or
2671 (c) provisional ballot if the voter is only eligible to vote using a provisional ballot in
2672 accordance with this title.
2673 (3) An election officer shall ensure that an election day voting center:
2674 (a) is open on election day during the time period specified under Section 20A-1-302;
2675 (b) allows an eligible voter to vote if the voter:
2676 (i) resides within the political subdivision holding an election; and
2677 (ii) arrives at the election day voting center by the designated closing time in
2678 accordance with Section 20A-1-302; and
2679 (c) is administered according to the requirements of this title.
2680 (4) [
2681 election day voting center for the political subdivision in which the [
2682 [
2683
2684
2685 Section 60. Section 20A-3a-703, which is renumbered from Section 20A-3-703 is
2686 renumbered and amended to read:
2687 [
2688 Location -- Notification.
2689 (1) The election officer may designate one or more polling places as an election day
2690 voting center if:
2691 (a) except as provided in Subsection (2), the election officer notifies the lieutenant
2692 governor of the designation and location of the election day voting center at least 15 days
2693 before the election;
2694 (b) [
2695 Election Administration; and
2696 (c) [
2697 election officer determines that there is no government building or office available, in the area
2698 designated by the election officer, that:
2699 (i) can be scheduled for use during election day voting hours;
2700 (ii) has the physical facilities necessary to accommodate election day voting
2701 requirements;
2702 (iii) has adequate space for voting equipment, poll workers, and voters; and
2703 (iv) has adequate security, public accessibility, and parking.
2704 (2) (a) The election officer may, after the deadline described in Subsection (1)(a):
2705 (i) if necessary, change the location of an election day voting center; or
2706 (ii) if the election officer determines that the number of election day voting centers is
2707 insufficient due to the number of registered voters who are voting, designate additional election
2708 day voting centers.
2709 (b) Except as provided in Section 20A-1-308, if an election officer changes the
2710 location of an election day voting center or designates an additional election day voting center,
2711 the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
2712 location of the changed election day voting center or the additional election day voting center:
2713 (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2714 Information Website;
2715 (ii) by posting the information on the website of the election officer, if available; and
2716 (iii) by posting notice:
2717 (A) of a change in the location of an election day voting center, at the new location
2718 and, if possible, the old location; and
2719 (B) of an additional election day voting center, at the additional election day voting
2720 center.
2721 Section 61. Section 20A-3a-801, which is renumbered from Section 20A-3-201 is
2722 renumbered and amended to read:
2723
2724 [
2725 (1) As used in this section, "administering election officer" means:
2726 (a) the election officer; or
2727 (b) if the election officer is the lieutenant governor, the county clerk of the county in
2728 which an individual will act as a watcher.
2729 (2) (a) Any individual may become a watcher in an election at any time by registering
2730 as a watcher with the administering election officer.
2731 (b) An individual who registers under Subsection (2)(a) is not required to be certified
2732 by a person under Subsection (3) in order to act as a watcher.
2733 (c) An individual who registers as a watcher shall notify the administering election
2734 officer of the dates, times, and locations that the individual intends to act as a watcher.
2735 (d) An election official may not prohibit a watcher from performing a function
2736 described in Subsection (4) because the watcher did not provide the notice described in
2737 Subsection (2)(c).
2738 (e) An administering election officer shall provide a copy of this section, or
2739 instructions on how to access an electronic copy of this section, to a watcher at the time the
2740 watcher registers under this Subsection (2).
2741 (3) (a) A person that is a candidate whose name will appear on the ballot, a qualified
2742 write-in candidate for the election, a registered political party, or a political issues committee
2743 may certify an individual as an official watcher for the person:
2744 (i) by filing an affidavit with the administering election officer responsible to designate
2745 an individual as an official watcher for the certifying person; and
2746 (ii) if the individual registers as a watcher under Subsection (2)(a).
2747 (b) A watcher who is certified by a person under Subsection (3)(a) may not perform the
2748 same function described in Subsection (4) at the same time and in the same location as another
2749 watcher who is certified by that person.
2750 (c) A watcher who is certified by a person under Subsection (3)(a) may designate
2751 another individual to serve in the watcher's stead during the watcher's temporary absence by
2752 filing with a poll worker an affidavit that designates the individual as a temporary replacement.
2753 (4) A watcher may:
2754 (a) observe the setup or takedown of a polling location;
2755 (b) observe a voter checking in at a polling location;
2756 (c) observe the collection, receipt, and processing of a ballot, including a provisional
2757 ballot or a ballot cast by a covered voter as defined in Section 20A-16-102;
2758 (d) observe the transport or transmission of a ballot that is in an election official's
2759 custody;
2760 (e) observe the opening and inspection of a [
2761 (f) observe ballot duplication;
2762 (g) observe the conduct of logic and accuracy testing described in Section 20A-5-802;
2763 (h) observe ballot tabulation;
2764 (i) observe the process of storing and securing a ballot;
2765 (j) observe a post-election audit;
2766 (k) observe a canvassing board meeting described in Title 20A, Chapter 4, Part 3,
2767 Canvassing Returns;
2768 (l) observe the certification of the results of an election; or
2769 (m) observe a recount.
2770 (5) (a) A watcher may not:
2771 (i) electronically record an activity described in Subsection (4) if the recording would
2772 reveal a vote or otherwise violate a voter's privacy or a voter's right to cast a secret ballot;
2773 (ii) interfere with an activity described in Subsection (4), except to challenge an
2774 individual's eligibility to vote under Section [
2775 (iii) divulge information related to the number of votes counted, tabulated, or cast for a
2776 candidate or ballot proposition until after the election officer makes the information public.
2777 (b) A person who violates Subsection (5)(a)(iii) is guilty of a third degree felony.
2778 (6) (a) Notwithstanding Subsection (2)(a) or (4), in order to maintain a safe working
2779 environment for an election official or to protect the safety or security of a ballot, an
2780 administering election officer may take reasonable action to:
2781 (i) limit the number of watchers at a single location;
2782 (ii) remove a watcher for violating a provision of this section;
2783 (iii) remove a watcher for interfering with an activity described in Subsection (4);
2784 (iv) designate areas for a watcher to reasonably observe the activities described in
2785 Subsection (4); or
2786 (v) ensure that a voter's ballot secrecy is protected throughout the watching process.
2787 (b) If an administering election officer limits the number of watchers at a single
2788 location under Subsection (6)(a)(i), the administering election officer shall give preferential
2789 access to the location to a watcher designated under Subsection (3).
2790 (c) An administering election officer may provide a watcher a badge that identifies the
2791 watcher and require the watcher to wear the badge while acting as a watcher.
2792 Section 62. Section 20A-3a-802, which is renumbered from Section 20A-3-201.5 is
2793 renumbered and amended to read:
2794 [
2795 As used in this part:
2796 (1) "Challenged voter" means [
2797 challenged as provided in this part.
2798 (2) "Filer" means [
2799 another [
2800 Section 63. Section 20A-3a-803, which is renumbered from Section 20A-3-202 is
2801 renumbered and amended to read:
2802 [
2803 challenge -- Procedures.
2804 (1) [
2805 on any of the following grounds:
2806 (a) the individual is not the individual in whose name the individual tries to vote;
2807 (b) the individual is not a resident of Utah;
2808 (c) the individual is not a citizen of the United States;
2809 (d) the individual has not or will not have resided in Utah for 30 days immediately
2810 before the date of the election;
2811 (e) the individual's principal place of residence is not in the voting precinct that the
2812 individual claims;
2813 (f) the individual's principal place of residence is not in the geographic boundaries of
2814 the election area;
2815 (g) the individual has already voted in the election;
2816 (h) the individual is not at least [
2817 the election;
2818 (i) the individual has been convicted of a misdemeanor for an offense under this title
2819 and the individual's right to vote in an election has not been restored under Section
2820 20A-2-101.3;
2821 (j) the individual is a convicted felon and the voter's right to vote in an election has not
2822 been restored under Section 20A-2-101.5; or
2823 (k) in a regular primary election or presidential primary election, the individual does
2824 not meet the political party affiliation requirements for the ballot the individual seeks to vote.
2825 (2) [
2826 an election shall make the challenge in accordance with:
2827 (a) Section [
2828 time an individual votes; or
2829 (b) Section [
2830 individual votes.
2831 Section 64. Section 20A-3a-804, which is renumbered from Section 20A-3-202.3 is
2832 renumbered and amended to read:
2833 [
2834 writing -- Procedure -- Form of challenge.
2835 (1) (a) [
2836 filing a written statement with the election officer in accordance with Subsection (1)(b) that:
2837 (i) lists the name and address of the [
2838 (ii) for each individual who is challenged:
2839 (A) identifies the name of the challenged individual;
2840 (B) lists the last known address or telephone number of the challenged individual;
2841 (C) provides the basis for the challenge, as provided under Section [
2842 20A-3a-803;
2843 (D) provides facts and circumstances supporting the basis provided; and
2844 (E) may include supporting documents, affidavits, or other evidence; and
2845 (iii) includes a signed affidavit, which is subject to penalties of perjury, swearing that:
2846 (A) the filer exercised due diligence to personally verify the facts and circumstances
2847 establishing the basis for the challenge; and
2848 (B) according to the filer's personal knowledge and belief, the basis for the challenge
2849 under Section [
2850 (b) [
2851 shall file the written statement during the election officer's regular business hours:
2852 (i) at least 45 days before the day of the election; or
2853 (ii) if the challenge is to an individual who registered to vote between the day that is 45
2854 days before the election and the day of the election:
2855 (A) on or before the day of the election; and
2856 (B) before the individual's ballot is removed from a ballot envelope or otherwise
2857 separated from any information that could be used to identify the ballot as the individual's
2858 ballot.
2859 (c) The challenge may not be based on unsupported allegations or allegations by an
2860 anonymous [
2861 (d) An election officer may require [
2862 under this section to file the challenge on a form provided by the election officer that meets the
2863 requirements of this section.
2864 (2) If the challenge is not in the proper form, is incomplete, or if the basis for the
2865 challenge does not meet the requirements of this part, the election officer shall dismiss the
2866 challenge and notify the filer in writing of the reasons for the dismissal.
2867 (3) (a) Upon receipt of a challenge that meets the requirements for filing under this
2868 section, the election officer shall attempt to notify each challenged individual in accordance
2869 with Subsection (3)(b):
2870 (i) at least 28 days before the date of the election, if the election officer receives the
2871 challenge under Subsection (1)(b)(i); or
2872 (ii) within one business day, if the election officer receives the challenge under
2873 Subsection (1)(b)(ii).
2874 (b) The election officer shall attempt to notify each challenged individual:
2875 (i) that a challenge has been filed against the challenged individual;
2876 (ii) that the challenged individual may be required to cast a provisional ballot at the
2877 time the individual votes if the individual votes in person;
2878 (iii) [
2879
2880 mail, the individual's ballot will be treated as a provisional ballot unless the challenge is
2881 resolved;
2882 (iv) of the basis for the challenge, which may include providing a copy of the challenge
2883 the filer filed with the election officer; and
2884 (v) that the challenged individual may submit information, a sworn statement,
2885 supporting documents, affidavits, or other evidence supporting the challenged individual's
2886 eligibility to vote in the election to the election officer no later than:
2887 (A) 21 days before the date of the election, if the election officer receives the challenge
2888 under Subsection (1)(b)(i); or
2889 (B) five days before the day on which the canvass is held, if the election officer
2890 receives the challenge under Subsection (1)(b)(ii).
2891 (4) (a) The election officer shall determine whether each challenged individual is
2892 eligible to vote before the day on which:
2893 (i) early voting commences, if the election officer receives the challenge under
2894 Subsection (1)(b)(i); or
2895 (ii) the canvass is held, if the election officer receives the challenge under Subsection
2896 (1)(b)(ii).
2897 (b) (i) The filer has the burden to prove, by clear and convincing evidence, that the
2898 basis for challenging the individual's eligibility to vote is valid.
2899 (ii) The election officer shall resolve the challenge based on the available facts and
2900 information submitted, which may include voter registration records and other documents or
2901 information available to the election officer.
2902 (5) [
2903 of this section is subject to criminal penalties for false statements as provided under Sections
2904 76-8-503 and 76-8-504 and any other applicable criminal provision.
2905 (6) (a) A challenged individual may appeal an election officer's decision regarding the
2906 individual's eligibility to vote to the district court having jurisdiction over the location where
2907 the challenge was filed.
2908 (b) The district court shall uphold the decision of the election officer unless the district
2909 court determines that the decision was arbitrary, capricious, or unlawful.
2910 (c) In making the district court's determination, the district court's review is limited to:
2911 (i) the information filed under Subsection (1)(a) by the filer;
2912 (ii) the information submitted under Subsection (3)(b)(v) by the challenged individual;
2913 and
2914 (iii) any additional facts and information used by the election official to determine
2915 whether the challenged individual is eligible to vote, as indicated by the election official.
2916 (7) A challenged individual may register to vote or change the location of the
2917 individual's voter registration if otherwise permitted by law.
2918 (8) A document pertaining to a challenge filed under this section is a public record.
2919 Section 65. Section 20A-3a-805, which is renumbered from Section 20A-3-202.5 is
2920 renumbered and amended to read:
2921 [
2922 place -- Procedure.
2923 (1) (a) A poll worker, a watcher, or an individual who [
2924 resides in the jurisdiction to which the election relates may, at a polling place, challenge an
2925 individual's eligibility to vote [
2926 election if:
2927 (i) the individual making the challenge and the challenged individual are both present
2928 at the polling place at the time the challenge is made; and
2929 (ii) the challenge is made [
2930 (b) An individual may make a challenge by orally stating the challenged individual's
2931 name and the basis for the challenge, as provided under Section [
2932 (2) The poll worker shall record a challenge in the official register [
2933 challenge sheets in the pollbook, including:
2934 (a) the name of the challenged individual;
2935 (b) the name of the individual making the challenge; and
2936 (c) the basis upon which the challenge is made.
2937 (3) If an individual's eligibility to vote is challenged under this section, the poll worker
2938 shall follow the procedures and requirements of Section [
2939 Section 66. Section 20A-3a-806, which is renumbered from Section 20A-3-203 is
2940 renumbered and amended to read:
2941 [
2942 (1) It is unlawful for an election official or watcher to reveal to another person the
2943 name of a candidate or ballot proposition for whom a voter has voted or to communicate to
2944 another person the election official or watcher's opinion, belief, or impression regarding for
2945 whom or what a voter has voted.
2946 (2) A person who violates this section is guilty of a class A misdemeanor.
2947 Section 67. Section 20A-4-101 is amended to read:
2948 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
2949 polling place on day of election before polls close.
2950 (1) Each county legislative body [
2951
2952 with the requirements of this section when counting manual ballots on the day of an election,
2953 if:
2954 (a) the ballots are cast at a polling place; and
2955 (b) the ballots are counted at the polling place before the polls close.
2956 (2) (a) Each county legislative body or municipal legislative body shall provide:
2957 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
2958 judges have been appointed; and
2959 (ii) a counting room for the use of the poll workers counting the ballots during the day.
2960 (b) At any election in any voting precinct in which both receiving and counting judges
2961 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
2962 (i) close the first ballot box and deliver it to the counting judges; and
2963 (ii) prepare and use another ballot box to receive voted ballots.
2964 (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
2965 judges shall:
2966 (i) take the ballot box to the counting room;
2967 (ii) count the votes on the regular ballots in the ballot box;
2968 (iii) place the provisional ballot envelopes in the envelope or container provided for
2969 them for return to the election officer; and
2970 (iv) when they have finished counting the votes in the ballot box, return the emptied
2971 box to the receiving judges.
2972 (d) (i) During the course of election day, whenever there are at least 20 ballots
2973 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
2974 judges for counting; and
2975 (ii) the counting judges shall immediately count the regular ballots and segregate the
2976 provisional ballots contained in that box.
2977 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
2978 until the polls close.
2979 (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
2980 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2981 describing the procedures that a counting judge is required to follow for counting ballots in an
2982 instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
2983 Methods Pilot Project.
2984 (ii) When counting ballots in an instant runoff voting race described in Title 20A,
2985 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
2986 comply with the procedures established under Subsection (2)(f)(i) and Title 20A, Chapter 4,
2987 Part 6, Municipal Alternate Voting Methods Pilot Project.
2988 (3) To resolve questions that arise during the counting of ballots, a counting judge shall
2989 apply the standards and requirements of:
2990 (a) to the extent applicable, Section 20A-4-105; and
2991 (b) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
2992 Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3).
2993 Section 68. Section 20A-4-102 is amended to read:
2994 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
2995 polling place on day of election after polls close.
2996 (1) (a) This section governs counting manual ballots on the day of an election, if:
2997 (i) the ballots are cast at a polling place; and
2998 (ii) the ballots are counted at the polling place after the polls close.
2999 [
3000 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
3001 the election judges shall count the ballots by performing the tasks specified in this section in
3002 the order that they are specified.
3003 [
3004 shall apply the standards and requirements of:
3005 (i) to the extent applicable, Section 20A-4-105; and
3006 (ii) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
3007 Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3).
3008 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
3009 (b) (i) If there are more ballots in the ballot box than there are names entered in the
3010 pollbook, the judges shall examine the official endorsements on the ballots.
3011 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
3012 official endorsement, the judges shall put those ballots in an excess ballot file and not count
3013 them.
3014 (c) (i) If, after examining the official endorsements, there are still more ballots in the
3015 ballot box than there are names entered in the pollbook, the judges shall place the remaining
3016 ballots back in the ballot box.
3017 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
3018 excess from the ballot box.
3019 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
3020 count them.
3021 (d) When the ballots in the ballot box equal the number of names entered in the
3022 pollbook, the judges shall count the votes.
3023 (3) The judges shall:
3024 (a) place all unused ballots in the envelope or container provided for return to the
3025 county clerk or city recorder; and
3026 (b) seal that envelope or container.
3027 (4) The judges shall:
3028 (a) place all of the provisional ballot envelopes in the envelope provided for them for
3029 return to the election officer; and
3030 (b) seal that envelope or container.
3031 (5) (a) In counting the votes, the election judges shall read and count each ballot
3032 separately.
3033 (b) In regular primary elections the judges shall:
3034 (i) count the number of ballots cast for each party;
3035 (ii) place the ballots cast for each party in separate piles; and
3036 (iii) count all the ballots for one party before beginning to count the ballots cast for
3037 other parties.
3038 (6) (a) In all elections, the counting judges shall, except as provided in Title 20A,
3039 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under
3040 Subsection 20A-4-101(2)(f)(i):
3041 (i) count one vote for each candidate designated by the marks in the squares next to the
3042 candidate's name;
3043 (ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
3044 any candidate for an office for which a vote has been cast for a candidate for the same office
3045 upon another ticket by the placing of a mark in the square opposite the name of that candidate
3046 on the other ticket;
3047 (iii) count each vote for each write-in candidate who has qualified by filing a
3048 declaration of candidacy under Section 20A-9-601;
3049 (iv) read every name marked on the ballot and mark every name upon the tally sheets
3050 before another ballot is counted;
3051 (v) evaluate each ballot and each vote based on the standards and requirements of
3052 Section 20A-4-105;
3053 (vi) write the word "spoiled" on the back of each ballot that lacks the official
3054 endorsement and deposit it in the spoiled ballot envelope; and
3055 (vii) read, count, and record upon the tally sheets the votes that each candidate and
3056 ballot proposition received from all ballots, except excess or spoiled ballots.
3057 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
3058 persons clearly not eligible to qualify for office.
3059 (c) The judges shall certify to the accuracy and completeness of the tally list in the
3060 space provided on the tally list.
3061 (d) When the judges have counted all of the voted ballots, they shall record the results
3062 on the total votes cast form.
3063 (7) Only an election judge and a watcher may be present at the place where counting is
3064 conducted until the count is completed.
3065 Section 69. Section 20A-4-103 is amended to read:
3066 20A-4-103. Preparing ballots cast at a polling place for the counting center.
3067 (1) This section governs the preparation of ballots for the counting center when the
3068 ballots are cast at a polling place.
3069 [
3070 closed and the last qualified voter has voted, the poll workers shall prepare the [
3071 ballots for delivery to the counting center as provided in this section.
3072 (b) The poll workers, election officers, and other persons may not manually count any
3073 votes before delivering the ballots to the counting center.
3074 [
3075 (a) complete the statement of disposition of ballots and all other forms required by the
3076 election officer;
3077 (b) place a copy of the forms described in Subsection (3)(a) and the voted ballots in a
3078 sealed container;
3079 [
3080 the container provided for [
3081 center[
3082 (d) deliver to the counting center:
3083 (i) the items described in Subsections (3)(a) through (c); and
3084 (ii) any other items required by the election officer.
3085 [
3086
3087 [
3088
3089 [
3090
3091 [
3092 [
3093
3094 [
3095
3096
3097 [
3098 Section 70. Section 20A-4-104 is amended to read:
3099 20A-4-104. Counting ballots electronically.
3100 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
3101 election officer shall test the automatic tabulating equipment to ensure that it will accurately
3102 count the votes cast for all offices and all measures.
3103 (b) The election officer shall publish public notice of the time and place of the test:
3104 (i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
3105 general circulation in the county, municipality, or jurisdiction where the equipment is used;
3106 (B) if there is no daily or weekly newspaper of general circulation in the county,
3107 municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
3108 test, by posting one notice, and at least one additional notice per 2,000 population of the
3109 county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
3110 that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
3111 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
3112 in the county, municipality, or jurisdiction where the equipment is used;
3113 (ii) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
3114 before the day of the test;
3115 (iii) in accordance with Section 45-1-101, for at least 10 days before the day of the test;
3116 and
3117 (iv) if the county, municipality, or jurisdiction has a website, on the website for four
3118 weeks before the day of the test.
3119 (c) The election officer shall conduct the test by processing a preaudited group of
3120 ballots.
3121 (d) The election officer shall ensure that:
3122 (i) a predetermined number of valid votes for each candidate and measure are recorded
3123 on the ballots;
3124 (ii) for each office, one or more [
3125 number allowed by law in order to test the ability of the automatic tabulating equipment to
3126 reject those votes; and
3127 (iii) a different number of valid votes are assigned to each candidate for an office, and
3128 for and against each measure.
3129 (e) If any error is detected, the election officer shall determine the cause of the error
3130 and correct it.
3131 (f) The election officer shall ensure that:
3132 (i) the automatic tabulating equipment produces an errorless count before beginning
3133 the actual counting; and
3134 (ii) the automatic tabulating equipment passes the same test at the end of the count
3135 before the election returns are approved as official.
3136 (2) (a) The election officer or the election officer's designee shall supervise and direct
3137 all proceedings at the counting center.
3138 (b) (i) Proceedings at the counting center are public and may be observed by interested
3139 persons.
3140 (ii) Only those persons authorized to participate in the count may touch any ballot or
3141 return.
3142 (c) The election officer shall deputize and administer an oath or affirmation to all
3143 persons who are engaged in processing and counting the ballots that they will faithfully
3144 perform their assigned duties.
3145 (3) If any ballot is damaged or defective so that it cannot properly be counted by the
3146 automatic tabulating equipment, the election officer shall ensure that two counting judges
3147 jointly :
3148 (a) [
3149 identifying serial number;
3150 (b) substitute the [
3151 (c) label the [
3152 (d) record the [
3153 ballot.
3154 (4) The election officer may:
3155 (a) conduct an unofficial count before conducting the official count in order to provide
3156 early unofficial returns to the public;
3157 (b) release unofficial returns from time to time after the polls close; and
3158 (c) report the progress of the count for each candidate during the actual counting of
3159 ballots.
3160 (5) The election officer shall review and evaluate the provisional ballot envelopes and
3161 prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
3162 (6) (a) The election officer or the election officer's designee shall:
3163 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
3164 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
3165 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
3166 more votes for an office than that voter is entitled to vote for that office, the poll workers shall
3167 count the valid write-in vote as being the obvious intent of the voter.
3168 (7) (a) The election officer shall certify the return printed by the automatic tabulating
3169 equipment, to which have been added write-in and absentee votes, as the official return of each
3170 voting precinct.
3171 (b) Upon completion of the count, the election officer shall make official returns open
3172 to the public.
3173 (8) If for any reason it becomes impracticable to count all or a part of the ballots with
3174 tabulating equipment, the election officer may direct that they be counted manually according
3175 to the procedures and requirements of this part.
3176 (9) After the count is completed, the election officer shall seal and retain the programs,
3177 test materials, and ballots as provided in Section 20A-4-202.
3178 Section 71. Section 20A-4-105 is amended to read:
3179 20A-4-105. Standards and requirements for evaluating voter's ballot choices.
3180 (1) (a) An election officer shall ensure that when a question arises regarding a vote
3181 recorded on a [
3182 as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
3183 Pilot Project, in accordance with the requirements of this section.
3184 (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
3185 is adjudicated under this section, the counting judges may not count the vote.
3186 (2) Except as provided in Subsection (11), Subsection [
3187 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter
3188 marks more names than there are individuals to be elected to an office, or if the counting
3189 judges cannot determine a voter's choice for an office, the counting judges may not count the
3190 voter's vote for that office.
3191 (3) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
3192 Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark
3193 on a [
3194 (a) the defective or incomplete mark is in the proper place; and
3195 (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
3196 other than as indicated by the incomplete or defective mark.
3197 (4) (a) When a voter has marked a ballot so that it appears that the voter has voted
3198 more than one straight ticket, the counting judges may not count any votes on the ballot for
3199 party candidates.
3200 (b) The counting judges shall count the remainder of the ballot if the remainder of the
3201 ballot is voted correctly.
3202 (5) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
3203 Voting Methods Pilot Project, the counting judges may not reject a ballot marked by the voter
3204 because of marks on the ballot other than those marks allowed by this section unless the
3205 extraneous marks on a ballot show an intent by an individual to mark the individual's ballot so
3206 that the individual's ballot can be identified.
3207 (6) (a) In counting the ballots, the counting judges shall give full consideration to the
3208 intent of the voter.
3209 (b) The counting judges may not invalidate a ballot because of mechanical or technical
3210 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
3211 required by Chapter 3, Voting.
3212 (7) The counting judges may not reject a ballot because of an error in:
3213 (a) stamping or writing an official endorsement; or
3214 (b) delivering the wrong ballots to a polling place.
3215 (8) The counting judges may not count a [
3216 official endorsement by an election officer.
3217 (9) The counting judges may not count a ballot proposition vote or candidate vote for
3218 which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
3219 (10) If the counting judges discover that the name of a candidate is misspelled on a
3220 ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
3221 or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
3222 apparent that the voter intended to vote for the candidate.
3223 (11) The counting judges shall count a vote for the president and the vice president of
3224 any political party as a vote for the presidential electors selected by the political party.
3225 (12) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
3226 Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a valid
3227 write-in vote, a voter has cast more votes for an office than that voter is entitled to vote for that
3228 office, the counting judges shall count the valid write-in vote as being the obvious intent of the
3229 voter.
3230 Section 72. Section 20A-4-106 is amended to read:
3231 20A-4-106. Manual ballots -- Sealing.
3232 [
3233
3234
3235 (1) After the official canvas of an election, the election officer shall store all election
3236 returns in containers that identify the containers' contents.
3237 [
3238 not be examined by anyone, except when examined during a recount conducted under the
3239 authority of Section 20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
3240 Methods Pilot Project.
3241 [
3242 [
3243
3244
3245 [
3246 [
3247
3248 [
3249 [
3250 [
3251 [
3252
3253 [
3254
3255 [
3256 [
3257
3258
3259 [
3260
3261 [
3262
3263 [
3264 [
3265
3266 [
3267
3268 [
3269
3270
3271 [
3272 [
3273 [
3274 [
3275 [
3276 [
3277 [
3278 [
3279 [
3280
3281 [
3282 Section 73. Section 20A-4-107 is amended to read:
3283 20A-4-107. Review and disposition of provisional ballot envelopes.
3284 (1) As used in this section, [
3285 (a) the [
3286 (i) is registered to vote in the state;
3287 (ii) votes the ballot for the voting precinct in which the [
3288 (iii) provides valid voter identification to the poll worker;
3289 (b) the [
3290 (i) is registered to vote in the state;
3291 (ii) (A) provided valid voter identification to the poll worker; or
3292 (B) either failed to provide valid voter identification or the documents provided as
3293 valid voter identification were inadequate and the poll worker recorded that fact in the official
3294 register but the county clerk verifies the [
3295 some other means; and
3296 (iii) did not vote in the [
3297 the [
3298 includes one or more candidates or ballot propositions on the ballot voted in the [
3299 individual's precinct of residence; or
3300 (c) the [
3301 (i) is registered to vote in the state;
3302 (ii) either failed to provide valid voter identification or the documents provided as
3303 valid voter identification were inadequate and the poll worker recorded that fact in the official
3304 register; and
3305 (iii) (A) the county clerk verifies the [
3306 through some other means as reliable as photo identification; or
3307 (B) the [
3308 election officer who is administering the election by the close of normal office hours on
3309 Monday after the date of the election.
3310 (2) (a) Upon receipt of a provisional ballot form, the election officer shall review the
3311 affirmation on the provisional ballot form and determine if the [
3312 affirmation is:
3313 (i) registered to vote in this state; and
3314 (ii) legally entitled to vote:
3315 (A) the ballot that the [
3316 (B) if the ballot is from the [
3317 ballot proposition or candidate on the ballot that the [
3318 (b) Except as provided in Section 20A-2-207, if the election officer determines that the
3319 [
3320 county or for any of the ballot propositions or candidates on the ballot that the [
3321 individual voted, the election officer shall retain the ballot form, uncounted, for the period
3322 specified in Section 20A-4-202 unless ordered by a court to produce or count it.
3323 (c) If the election officer determines that the [
3324 this state and is legally entitled to vote in the county and for at least one of the ballot
3325 propositions or candidates on the ballot that the [
3326 shall place the provisional ballot with the [
3327 ballots at the canvass.
3328 (d) The election officer may not count, or allow to be counted a provisional ballot
3329 unless the [
3330 evidence.
3331 (3) If the election officer determines that the [
3332 this state, or if the voter registers to vote in accordance with Section 20A-2-207, the election
3333 officer shall ensure that the voter registration records are updated to reflect the information
3334 provided on the provisional ballot form.
3335 (4) Except as provided in Section 20A-2-207, if the election officer determines that the
3336 [
3337 ballot form is complete, the election officer shall:
3338 (a) consider the provisional ballot form a voter registration form for the [
3339 individual's county of residence; and
3340 (b) (i) register the [
3341 within the county; or
3342 (ii) forward the voter registration form to the election officer of the [
3343 individual's county of residence, which election officer shall register the [
3344 (5) Notwithstanding any provision of this section, the election officer shall place a
3345 provisional ballot with the [
3346 canvass, if:
3347 (a) (i) the election officer determines, in accordance with the provisions of this section,
3348 that the sole reason a provisional ballot may not otherwise be counted is because the voter
3349 registration was filed less than [
3350 (ii) [
3351 ballot:
3352 (A) completed and signed the voter registration; and
3353 (B) provided the voter registration to another person to file;
3354 (iii) the late filing was made due to the [
3355 (5)(a)(ii)(B) filing the voter registration late; and
3356 (iv) the election officer receives the voter registration before 5 p.m. no later than one
3357 day before the day of the election; or
3358 (b) the provisional ballot is cast on or before election day and is not otherwise
3359 prohibited from being counted under the provisions of this chapter.
3360 Section 74. Section 20A-4-201 is amended to read:
3361 20A-4-201. Delivery of election returns.
3362 (1) At least two poll workers shall deliver the [
3363 and other items described in Subsection 20A-4-103(3)(d) to:
3364 (a) the election officer; or
3365 (b) the location directed by the election officer.
3366 (2) (a) Before they adjourn, the poll workers shall choose two or more of their number
3367 to deliver the election returns to the election officer.
3368 (b) The poll workers shall:
3369 (i) deliver the unopened envelopes [
3370 center immediately but no later than 24 hours after the polls close; or
3371 (ii) if the polling place is 15 miles or more from the county seat, mail the election
3372 returns to the election officer by registered mail from the post office most convenient to the
3373 polling place within 24 hours after the polls close.
3374 (3) The election officer shall pay each poll worker reasonable compensation for travel
3375 that is necessary to deliver the election returns and to return to the polling place.
3376 (4) The requirements of this section do not prohibit transmission of the unofficial vote
3377 count to the counting center via electronic means, provided that reasonable security measures
3378 are taken to preserve the integrity and privacy of the transmission.
3379 Section 75. Section 20A-4-202 is amended to read:
3380 20A-4-202. Election officers -- Disposition of ballots -- Release of number of
3381 provisional ballots cast.
3382 (1) Upon receipt of the election returns from the poll workers, the election officer shall:
3383 (a) ensure that the poll workers have provided all of the ballots and election returns;
3384 (b) inspect the ballots and election returns to ensure that they are sealed;
3385 (c) [
3386 safe and secure place[
3387 [
3388 [
3389 [
3390 and
3391 [
3392 canvassers of the local political subdivision that called the bond election.
3393 (2) Each election officer shall:
3394 (a) before 5 p.m. on the day after the date of the election, determine the number of
3395 provisional ballots cast within the election officer's jurisdiction and make that number available
3396 to the public;
3397 (b) preserve ballots for 22 months after the election or until the time has expired during
3398 which the ballots could be used in an election contest;
3399 [
3400 [
3401 election; and
3402 [
3403 (3) (a) The election officer shall package and retain all tabulating cards and other
3404 materials used in the programming of the automatic tabulating equipment.
3405 (b) The election officer:
3406 (i) may access these tabulating cards and other materials;
3407 (ii) may make copies of these materials and make changes to the copies;
3408 (iii) may not alter or make changes to the materials themselves; and
3409 (iv) within 22 months after the election in which they were used, may dispose of those
3410 materials or retain them.
3411 (4) (a) If an election contest is begun within 12 months, the election officer shall:
3412 (i) keep the ballots and election returns unopened and unaltered until the contest is
3413 complete; or
3414 (ii) surrender the ballots and election returns to the custody of the court having
3415 jurisdiction of the contest when ordered or subpoenaed to do so by that court.
3416 (b) When all election contests arising from an election are complete, the election
3417 officer shall either:
3418 (i) retain the ballots and election returns until the time for preserving them under this
3419 section has run; or
3420 (ii) destroy the ballots and election returns remaining in the election officer's custody
3421 without opening or examining them if the time for preserving them under this section has run.
3422 Section 76. Section 20A-4-303 is amended to read:
3423 20A-4-303. Duties of the board of canvassers -- Canvassing the returns.
3424 (1) (a) Before the board of canvassers convenes, the election officer shall:
3425 (i) count the ballots;
3426 (ii) prepare a certified summary of:
3427 (A) all ballots counted; and
3428 (B) all ballots not counted, with an explanation regarding the reason the ballots were
3429 not counted; and
3430 (iii) make available to the board of canvassers for inspection, all ballots, registers,
3431 books, and forms related to the election.
3432 [
3433 [
3434 (i) reviewing the summary reports prepared by the election officer and any ballots,
3435 registers, books, or forms requested by the board of canvassers; and
3436 (ii) certifying the votes cast:
3437 [
3438 [
3439 [
3440 is completed.
3441 (2) In canvassing returns, the board of canvassers may not:
3442 (a) reject any election returns if the board can determine the number of votes cast for
3443 each person from it;
3444 (b) reject any election returns if the election returns:
3445 (i) do not show who administered the oath to the judges of election;
3446 (ii) show that the election judges failed to fill out all the certificates in the pollbooks; or
3447 (iii) show that the election judges failed to do or perform any other act in preparing the
3448 returns that is not essential to determine for whom the votes were cast; or
3449 (c) reject any returns from any voting precinct that do not conform with the
3450 requirements for making, certifying, and returning the returns if those returns are sufficiently
3451 explicit to enable the board of canvassers to determine the number of votes cast for each person
3452 and for and against each ballot proposition.
3453 (3) (a) If it clearly appears to the election officer and board of canvassers that certain
3454 matters are omitted or that clerical mistakes exist in election returns received, [
3455
3456 correct the omissions and mistakes.
3457 [
3458
3459 [
3460 receipt of corrected election material.
3461 (4) If a recount is conducted as authorized by Section 20A-4-401, the board of
3462 canvassers shall canvass the results of that recount as provided in this section and Section
3463 20A-4-401.
3464 Section 77. Section 20A-4-401 is amended to read:
3465 20A-4-401. Recounts -- Procedure.
3466 (1) (a) This section does not apply to a race conducted by instant runoff voting under
3467 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
3468 (b) Except as provided in Subsection (1)(c), for a race between candidates, if the
3469 difference between the number of votes cast for a winning candidate in the race and a losing
3470 candidate in the race is equal to or less than .25% of the total number of votes cast for all
3471 candidates in the race, that losing candidate may file a request for a recount in accordance with
3472 Subsection (1)(d).
3473 (c) For a race between candidates where the total of all votes cast in the race is 400 or
3474 less, if the difference between the number of votes cast for a winning candidate in the race and
3475 a losing candidate in the race is one vote, that losing candidate may file a request for a recount
3476 in accordance with Subsection (1)(d).
3477 (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
3478 file the request:
3479 (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
3480 three days after the canvass; or
3481 (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
3482 (A) the municipal clerk, if the election is a municipal general election;
3483 (B) the local district clerk, if the election is a local district election;
3484 (C) the county clerk, for races voted on entirely within a single county; or
3485 (D) the lieutenant governor, for statewide races and multicounty races.
3486 (e) The election officer shall:
3487 (i) supervise the recount;
3488 (ii) recount all ballots cast for that race;
3489 (iii) reexamine all [
3490 Chapter 3, Part [
3491 (iv) for a race where only one candidate may win, declare elected the candidate who
3492 receives the highest number of votes on the recount; and
3493 (v) for a race where multiple candidates may win, declare elected the applicable
3494 number of candidates who receive the highest number of votes on the recount.
3495 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
3496 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
3497 the total votes cast for or against the proposition, any 10 voters who voted in the election where
3498 the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
3499 days after the day of the canvass with the person described in Subsection (2)(c).
3500 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
3501 against the proposition is 400 or less, if the difference between the number of votes cast for the
3502 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
3503 voted in the election where the proposition was on the ballot may file a request for a recount
3504 before 5 p.m. within seven days after the day of the canvass with the person described in
3505 Subsection (2)(c).
3506 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
3507 file the request with:
3508 (i) the municipal clerk, if the election is a municipal election;
3509 (ii) the local district clerk, if the election is a local district election;
3510 (iii) the county clerk, for propositions voted on entirely within a single county; or
3511 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
3512 (d) The election officer shall:
3513 (i) supervise the recount;
3514 (ii) recount all ballots cast for that ballot proposition or bond proposition;
3515 (iii) reexamine all [
3516 Chapter 3, Part [
3517 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
3518 based upon the results of the recount.
3519 (e) Proponents and opponents of the ballot proposition or bond proposition may
3520 designate representatives to witness the recount.
3521 (f) The voters requesting the recount shall pay the costs of the recount.
3522 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
3523 person requesting the recount.
3524 (4) (a) Upon completion of the recount, the election officer shall immediately convene
3525 the board of canvassers.
3526 (b) The board of canvassers shall:
3527 (i) canvass the election returns for the race or proposition that was the subject of the
3528 recount; and
3529 (ii) with the assistance of the election officer, prepare and sign the report required by
3530 Section 20A-4-304 or 20A-4-306.
3531 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
3532 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
3533 governor as required by Subsection 20A-4-304 (7).
3534 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
3535 result of the race or proposition that is the subject of the recount.
3536 Section 78. Section 20A-5-102 is amended to read:
3537 20A-5-102. Voting instructions.
3538 (1) Each election officer shall:
3539 (a) print [
3540 (b) ensure that the [
3541 required under the Voting Rights Act of 1965, as amended, in large clear type; and
3542 (c) ensure that the [
3543 (i) about how to obtain ballots for voting;
3544 (ii) about special political party affiliation requirements for voting in a regular primary
3545 election or presidential primary election;
3546 (iii) about how to prepare ballots for deposit in the ballot box;
3547 (iv) about how to record write-in votes;
3548 (v) about how to obtain a new ballot in the place of one spoiled by accident or mistake;
3549 (vi) about how to obtain assistance in marking ballots;
3550 (vii) about obtaining a new ballot if the voter's ballot is defaced;
3551 (viii) that identification marks or the spoiling or defacing of a ballot will make it
3552 invalid;
3553 (ix) about how to obtain and vote a provisional ballot;
3554 (x) about whom to contact to report election fraud;
3555 (xi) about applicable federal and state laws regarding:
3556 (A) voting rights and the appropriate official to contact if the voter alleges his rights
3557 have been violated; and
3558 (B) prohibitions on acts of fraud and misrepresentation;
3559 (xii) about procedures governing mail-in registrants and first-time voters; and
3560 (xiii) about the date of the election and the hours that the polls are open on election
3561 day.
3562 (2) Each election officer shall:
3563 (a) provide the election judges of each voting precinct with sufficient instruction cards
3564 to instruct voters in the preparation of their ballots;
3565 (b) direct the election judges to post:
3566 (i) general voting instructions in each voting booth; and
3567 (ii) at least three instruction cards and at least one sample ballot elsewhere in and about
3568 the polling place.
3569 Section 79. Section 20A-5-205 is amended to read:
3570 20A-5-205. Delivery of official register.
3571 (1) Before delivering the official register to the poll workers, the county clerk shall
3572 [
3573 official register.
3574 (2) The county clerk shall [
3575
3576
3577 (a) deliver the official register to each polling place; and
3578 (b) provide verification of the official register's accuracy and completeness.
3579 (3) This section does not prohibit a county clerk from updating an official register as
3580 necessary.
3581 Section 80. Section 20A-5-206 is amended to read:
3582 20A-5-206. Change of precinct boundaries -- Revising list.
3583 (1) Whenever the boundaries of any voting precinct are changed, or a new voting
3584 precinct is created, the county clerk shall ensure that the names of all voters residing within the
3585 territory affected by the change are [
3586
3587 (2) Any registered voter whose name has been erroneously [
3588 updated in the official register [
3589 updated in the official register, may vote in the voting precinct in which the voter resides if the
3590 voter uses a provisional ballot.
3591 Section 81. Section 20A-5-302 is amended to read:
3592 20A-5-302. Automated voting system.
3593 (1) (a) Any county or municipal legislative body or local district board may:
3594 (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
3595 automated voting system that meets the requirements of this section; and
3596 (ii) use that system in any election, in all or a part of the voting precincts within its
3597 boundaries, or in combination with [
3598 (b) Nothing in this title shall be construed to require the use of electronic voting
3599 devices in local special elections, municipal primary elections, or municipal general elections.
3600 (2) (a) Each automated voting system shall:
3601 (i) provide for voting in secrecy, except in the case of voters who have received
3602 assistance as authorized by Section [
3603 (ii) permit each voter at any election to:
3604 (A) vote for all persons and offices for whom and for which that voter is lawfully
3605 entitled to vote;
3606 (B) vote for as many persons for an office as that voter is entitled to vote; and
3607 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
3608 (iii) permit each voter, at presidential elections, by one mark [
3609 candidates of that party for president, vice president, and for their presidential electors;
3610 (iv) permit each voter, at any regular general election, to vote for all the candidates of
3611 one registered political party by making one mark [
3612 (v) permit each voter to scratch vote;
3613 (vi) at elections other than primary elections, permit each voter to vote for the
3614 nominees of one or more parties and for independent candidates;
3615 (vii) at primary elections:
3616 (A) permit each voter to vote for candidates of the political party of the voter's choice;
3617 and
3618 (B) reject any votes cast for candidates of another party;
3619 (viii) prevent the voter from voting for the same person more than once for the same
3620 office;
3621 (ix) provide the opportunity for each voter to change the ballot and to correct any error
3622 before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
3623 L. No. 107-252;
3624 (x) include automatic tabulating equipment that rejects choices recorded on a voter's
3625 ballot if the number of the voter's recorded choices is greater than the number which the voter
3626 is entitled to vote for the office or on the measure;
3627 (xi) be of durable construction, suitably designed so that it may be used safely,
3628 efficiently, and accurately in the conduct of elections and counting ballots;
3629 (xii) when properly operated, record correctly and count accurately each vote cast;
3630 (xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
3631 record that:
3632 (A) shall be available as an official record for any recount or election contest
3633 conducted with respect to an election where the voting equipment is used;
3634 (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
3635 place; and
3636 (II) shall permit the voter to inspect the record of the voter's selections independently
3637 only if reasonably practicable commercial methods permitting independent inspection are
3638 available at the time of certification of the voting equipment by the lieutenant governor;
3639 (C) shall include, at a minimum, human readable printing that shows a record of the
3640 voter's selections;
3641 (D) may also include machine readable printing which may be the same as the human
3642 readable printing; and
3643 (E) allows a watcher to observe the election process to ensure the integrity of the
3644 election process; and
3645 (xiv) meet the requirements of Section 20A-5-802.
3646 (b) For the purposes of a recount or an election contest, if the permanent paper record
3647 contains a conflict or inconsistency between the human readable printing and the machine
3648 readable printing, the human readable printing shall supercede the machine readable printing
3649 when determining the intent of the voter.
3650 (c) Notwithstanding any other provisions of this section, the election officers shall
3651 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
3652 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
3653 for use in the counting devices in which they are intended to be placed.
3654 Section 82. Section 20A-5-401 is amended to read:
3655 20A-5-401. Official register -- Preparation -- Contents.
3656 (1) (a) Before the registration days for each regular general, municipal general, regular
3657 primary, municipal primary, or presidential primary election, each county clerk shall prepare an
3658 official register of all voters [
3659 (b) The county clerk shall ensure that the official register is prepared [
3660
3661 [
3662 (i) [
3663 (ii) party affiliation;
3664 (iii) an entry field for a voter challenge, including the name of the individual making
3665 the challenge and the grounds for the challenge;
3666 [
3667 [
3668 (iv) election name and date;
3669 [
3670 [
3671 [
3672 [
3673 [
3674 [
3675 Subsection (1)(d); and
3676 [
3677 (c) When preparing the official register for the presidential primary election, the county
3678 clerk shall include:
3679 (i) an entry field to record the name of the political party whose ballot the voter voted;
3680 and
3681 (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
3682 (d) When preparing the official register for any regular general election, municipal
3683 general election, statewide special election, local special election, regular primary election,
3684 municipal primary election, local district election, or election for federal office, the county
3685 clerk shall include:
3686 (i) an entry field for the poll worker to record the type of identification provided by the
3687 voter;
3688 (ii) a [
3689 number for voters who receive a provisional ballot; and
3690 (iii) a space for the poll worker to record the type of identification that was provided by
3691 voters who receive a provisional ballot.
3692 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
3693 elections, local district elections, and bond elections, the county clerk shall make an official
3694 register only for voting precincts affected by the primary, municipal, local district, or bond
3695 election.
3696 (ii) If a polling place to be used in a bond election serves both voters residing in the
3697 local political subdivision calling the bond election and voters residing outside of that local
3698 political subdivision, the official register shall designate whether each voter resides in or
3699 outside of the local political subdivision.
3700 (iii) Each county clerk, with the assistance of the clerk of each affected local district,
3701 shall provide a detailed map or an indication on the registration list or other means to enable a
3702 poll worker to determine the voters entitled to vote at an election of local district officers.
3703 (b) Municipalities shall pay the costs of making the official register for municipal
3704 elections.
3705 Section 83. Section 20A-5-403 is amended to read:
3706 20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections --
3707 Arrangements.
3708 (1) [
3709 (a) designate polling places for each voting precinct in the jurisdiction; and
3710 (b) obtain the approval of the county or municipal legislative body or local district
3711 governing board for those polling places.
3712 (2) (a) For each polling place, the election officer shall provide:
3713 (i) an American flag;
3714 (ii) a sufficient number of voting booths or compartments;
3715 (iii) the voting devices, voting booths, ballots, ballot boxes, [
3716
3717 (iv) the constitutional amendment cards required by Part 1, Election Notices and
3718 Instructions;
3719 (v) voter information pamphlets required by Chapter 7, Part 7, Voter Information
3720 Pamphlet;
3721 (vi) the [
3722 (vii) a sign, to be prominently displayed in the polling place, indicating that valid voter
3723 identification is required for every voter before the voter may vote and listing the forms of
3724 identification that constitute valid voter identification.
3725 (b) Each election officer shall ensure that:
3726 (i) each voting booth is at a convenient height for writing, and is arranged so that the
3727 voter can prepare the voter's ballot screened from observation;
3728 (ii) there are a sufficient number of voting booths or voting devices to accommodate
3729 the voters at that polling place; and
3730 (iii) there is at least one voting booth or voting device that is configured to
3731 accommodate persons with disabilities.
3732 (c) Each county clerk shall provide a ballot box for each polling place that is large
3733 enough to properly receive and hold the ballots to be cast.
3734 (3) (a) All polling places shall be physically inspected by each county clerk to ensure
3735 access by a person with a disability.
3736 (b) Any issues concerning inaccessibility to polling places by a person with a disability
3737 discovered during the inspections referred to in Subsection (3)(a) or reported to the county
3738 clerk shall be:
3739 (i) forwarded to the Office of the Lieutenant Governor; and
3740 (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
3741 either:
3742 (A) remedied at the particular location by the county clerk;
3743 (B) the county clerk shall designate an alternative accessible location for the particular
3744 precinct; or
3745 (C) if no practical solution can be identified, file with the Office of the Lieutenant
3746 Governor a written explanation identifying the reasons compliance cannot reasonably be met.
3747 (4) (a) The municipality in which the election is held shall pay the cost of conducting
3748 each municipal election, including the cost of printing and supplies.
3749 (b) (i) Costs assessed by a county clerk to a municipality under this section may not
3750 exceed the actual costs incurred by the county clerk.
3751 (ii) The actual costs shall include:
3752 (A) costs of or rental fees associated with the use of election equipment and supplies;
3753 and
3754 (B) reasonable and necessary administrative costs.
3755 (5) The county clerk shall make detailed entries of all proceedings had under this
3756 chapter.
3757 (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
3758 that an individual waits in line before the individual can vote at a polling location in the county
3759 does not exceed 30 minutes.
3760 (b) The lieutenant governor may require a county clerk to submit a line management
3761 plan before the next election if an individual waits in line at a polling location in the county
3762 longer than 30 minutes before the individual can vote.
3763 (c) The lieutenant governor may consider extenuating circumstances in deciding
3764 whether to require the county clerk to submit a plan described in Subsection (6)(b).
3765 (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b)
3766 and consult with the county clerk submitting the plan to ensure, to the extent possible, that the
3767 amount of time an individual waits in line before the individual can vote at a polling location in
3768 the county does not exceed 30 minutes.
3769 Section 84. Section 20A-5-403.5 is enacted to read:
3770 20A-5-403.5. Ballot drop boxes.
3771 (1) An election officer:
3772 (a) may designate ballot drop boxes for the election officer's jurisdiction; and
3773 (b) shall clearly mark each ballot drop box as an official ballot drop box for the
3774 election officer's jurisdiction.
3775 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
3776 shall, at least 19 days before the date of the election, publish notice of the location of each
3777 ballot drop box designated under Subsection (1):
3778 (a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
3779 election;
3780 (ii) if there is no newspaper of general circulation in the jurisdiction holding the
3781 election, by posting one notice, and at least one additional notice per 2,000 population of the
3782 jurisdiction holding the election, in places within the jurisdiction that are most likely to give
3783 notice to the residents in the jurisdiction; or
3784 (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
3785 (b) on the Utah Public Notice Website created in Section 63F-1-701, for 19 days before
3786 the day of the election;
3787 (c) in accordance with Section 45-1-101, for 19 days before the date of the election;
3788 and
3789 (d) on the jurisdiction's website for 19 days before the day of the election.
3790 (3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
3791 election officer may publish a statement that specifies the following sources where a voter may
3792 view or obtain a copy of all ballot drop box locations:
3793 (a) the jurisdiction's website;
3794 (b) the physical address of the jurisdiction's offices; and
3795 (c) a mailing address and telephone number.
3796 (4) The election officer shall include in the notice described in Subsection (2):
3797 (a) the address of the Statewide Electronic Voter Information Website and, if available,
3798 the address of the election officer's website, with a statement indicating that the election officer
3799 will post on the website the location of each ballot drop box, including any changes to the
3800 location of a ballot drop box and the location of additional ballot drop boxes; and
3801 (b) a phone number that a voter may call to obtain information regarding the location
3802 of a ballot drop box.
3803 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3804 deadline described in Subsection (2):
3805 (i) if necessary, change the location of a ballot drop box; or
3806 (ii) if the election officer determines that the number of ballot drop boxes is
3807 insufficient due to the number of registered voters who are voting, designate additional ballot
3808 drop boxes.
3809 (b) Except as provided in Section 20A-1-308, if an election officer changes the
3810 location of a ballot box or designates an additional ballot drop box location, the election officer
3811 shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
3812 the additional ballot drop box location:
3813 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
3814 (ii) by posting the information on the website of the election officer, if available; and
3815 (iii) by posting notice:
3816 (A) for a change in the location of a ballot drop box, at the new location and, if
3817 possible, the old location; and
3818 (B) for an additional ballot drop box location, at the additional ballot drop box
3819 location.
3820 (6) An election officer may, at any time, authorize two or more poll workers to remove
3821 a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
3822 Section 85. Section 20A-5-404 is amended to read:
3823 20A-5-404. Election forms -- Preparation and contents.
3824 (1) (a) For each election, the election officer shall prepare, for each [
3825
3826 polling place:
3827 (i) forms for poll workers to record and verify security seals, ballots cast, and the
3828 number of voters who voted; and
3829 (ii) an official register or pollbook.
3830 (b) For each election, the election officer shall:
3831 (i) provide a copy of each form to each of those precincts using paper ballots; and
3832 (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
3833 precincts using an automated voting system.
3834 (2) The election officer shall ensure that the [
3835 described in Subsection (1)(a)(i) include:
3836 (a) a space for the judges to identify:
3837 [
3838 [
3839 [
3840 [
3841 [
3842 [
3843 pollbook; and
3844 (b) a certification, in substantially the following form:
3845 "We, the undersigned, judges of an election held at ______ voting precinct, in _______
3846 County, state of Utah, on __________(month\day\year), having first been sworn according to
3847 law, certify that the information in this form is a true statement of the number and names of the
3848 individuals voting in the voting precinct at the election, and that the total number of individuals
3849 voting at the election was ____.
3850 _____________________________
3851 _____________________________
3852 _____________________________
3853 Judges of Election".
3854 [
3855 [
3856 [
3857
3858
3859 [
3860
3861
3862
3863 [
3864
3865
3866 [
3867
3868 [
3869
3870 [
3871 [
3872
3873
3874
3875 [
3876 [
3877 [
3878
3879 [
3880
3881
3882
3883 [
3884
3885
3886 [
3887
3888
3889 [
3890
3891 [
3892 [
3893
3894
3895
3896
3897 [
3898 (a) identifies the voting precinct number on [
3899 pollbook; and
3900 (b) contains:
3901 (i) a section to record [
3902
3903 [
3904 [
3905 [
3906 [
3907
3908
3909
3910
3911
[_____________________________]
3912
[_____________________________]
3913
[_____________________________]
3914
[Judges of Election]
3915 Section 86. Section 20A-5-405 is amended to read:
3916 20A-5-405. Election officer to provide ballots.
3917 (1) [
3918 (a) provide [
3919 public officers in which the voters, or any of the voters, within the election officer's jurisdiction
3920 participate;
3921 (b) cause the name of every candidate whose nomination has been certified to or filed
3922 with the election officer in the manner provided by law to be [
3923
3924 (c) cause any ballot proposition that has qualified for the ballot as provided by law to
3925 be [
3926 (d) ensure that the [
3927 of the election officer before commencement of voting;
3928 [
3929
3930 [
3931
3932 [
3933 have qualified for the official ballot to inspect the [
3934 [
3935 ballots and that contain the same information as official [
3936 different colored paper than official [
3937 [
3938 officer at least seven days before commencement of voting;
3939 [
3940 (i) posting a copy of the sample ballot in the election officer's office at least seven days
3941 before commencement of voting;
3942 (ii) mailing a copy of the sample ballot to:
3943 (A) each candidate listed on the ballot; and
3944 (B) the lieutenant governor;
3945 (iii) publishing a copy of the sample ballot:
3946 (A) except as provided in Subsection [
3947 election in a newspaper of general circulation in the jurisdiction holding the election;
3948 (B) if there is no newspaper of general circulation in the jurisdiction holding the
3949 election, at least seven days before the day of the election, by posting one copy of the sample
3950 ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3951 jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
3952 the jurisdiction; or
3953 (C) at least 10 days before the day of the election, by mailing a copy of the sample
3954 ballot to each registered voter who resides in the jurisdiction holding the election;
3955 (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
3956 in Section 63F-1-701, for seven days before the day of the election;
3957 (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
3958 least seven days before the day of the election; and
3959 (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
3960 seven days before the day of the election;
3961 [
3962 place and direct them to post the sample ballots as required by Section 20A-5-102; and
3963 [
3964 enough [
3965 instructions to meet the voting demands of the qualified voters in each voting precinct.
3966 [
3967 [
3968
3969
3970 [
3971
3972
3973 [
3974
3975 [
3976
3977 [
3978
3979 [
3980
3981 [
3982
3983 [
3984
3985 [
3986
3987 [
3988 [
3989
3990 [
3991 [
3992 [
3993 [
3994 [
3995
3996 [
3997
3998
3999
4000
4001 [
4002
4003 [
4004
4005 [
4006
4007 [
4008
4009 [
4010
4011 [
4012
4013 [
4014
4015 [
4016
4017
4018 [
4019
4020
4021 [
4022
4023 [
4024
4025 [
4026
4027 [
4028
4029 [
4030
4031 [
4032
4033 [
4034
4035 [
4036 [
4037
4038 [
4039 [
4040 [
4041 [
4042 [
4043
4044 [
4045
4046
4047
4048
4049 [
4050
4051 [
4052
4053 [
4054
4055 [
4056
4057 [
4058
4059 [
4060
4061
4062 [
4063 [
4064
4065 [
4066
4067
4068 [
4069
4070 [
4071
4072 [
4073
4074 [
4075
4076 [
4077
4078 [
4079
4080 [
4081
4082 [
4083 [
4084
4085 [
4086 [
4087 [
4088 [
4089 [
4090
4091 [
4092
4093
4094
4095
4096 [
4097
4098 [
4099
4100 [
4101
4102 [
4103
4104 [
4105
4106 [
4107
4108 [
4109
4110 statement that:
4111 (a) is entitled, "sample ballot";
4112 (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
4113 upcoming [indicate type and date of election] may be obtained from the following sources:";
4114 and
4115 (c) specifies the following sources where an individual may view or obtain a copy of
4116 the sample ballot:
4117 (i) if the jurisdiction has a website, the jurisdiction's website;
4118 (ii) the physical address of the jurisdiction's offices; and
4119 (iii) a mailing address and telephone number.
4120 [
4121 any [
4122 correction can be made without interfering with the timely distribution of the [
4123
4124 (b) (i) If the election officer discovers an error or omission in a [
4125 [
4126
4127 poll workers to make the necessary corrections on the [
4128
4129 (ii) If the election officer discovers an error or omission in an electronic ballot and it is
4130 not possible to correct the error or omission by revising the electronic ballot, the election
4131 officer shall direct the poll workers to post notice of each error or omission with instructions on
4132 how to correct each error or omission in a prominent position at each polling booth.
4133 (c) (i) If the election officer refuses or fails to correct an error or omission in [
4134
4135 agent may file a verified petition with the district court asserting that:
4136 (A) an error or omission has occurred in:
4137 (I) the publication of the name or description of a candidate;
4138 (II) the preparation or display of an electronic ballot; or
4139 (III) in the printing of sample or official [
4140
4141 (B) the election officer has failed to correct or provide for the correction of the error or
4142 omission.
4143 (ii) The district court shall issue an order requiring correction of any error in a [
4144
4145 should not be corrected if it appears to the court that the error or omission has occurred and the
4146 election officer has failed to correct [
4147 correction of the error or ommission.
4148 (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
4149 Supreme Court within five days after the [
4150 decision.
4151 Section 87. Section 20A-5-406 is amended to read:
4152 20A-5-406. Delivery of ballots.
4153 [
4154 [
4155 each voting precinct in [
4156 voting needs during the voting period.
4157 [
4158 [
4159 [
4160 [
4161 [
4162 [
4163
4164 [
4165
4166
4167 [
4168
4169 [
4170 [
4171 [
4172 [
4173
4174 [
4175 [
4176
4177 [
4178
4179 [
4180
4181 [
4182
4183
4184 (2) [
4185 officer shall:
4186 [
4187
4188 [
4189 are properly secured before commencement of voting; [
4190 [
4191 mechanical ballots are delivered to a [
4192
4193
4194
4195 developed by the election officer, are followed to document chain of custody and to prevent
4196 unauthorized access; and
4197 (d) repair or provide substitute voting devices, equipment, or electronic ballots, if
4198 available, if any poll worker reports that:
4199 (i) the voting devices or equipment were not delivered on time;
4200 (ii) the voting devices or equipment do not contain the appropriate electronic ballot
4201 information;
4202 (iii) the safety devices on the voting devices, equipment, or electronic ballots appear to
4203 have been tampered with;
4204 (iv) the voting devices or equipment do not appear to be functioning properly; or
4205 (v) after delivery, the voting devices, equipment, or electronic ballots were destroyed
4206 or stolen.
4207 [
4208
4209
4210 Section 88. Section 20A-5-407 is amended to read:
4211 20A-5-407. Election officer to provide ballot boxes.
4212 (1) Except as provided in Subsection (3), [
4213 (a) provide one ballot box with a lock and key for each polling place; and
4214 (b) deliver the ballot boxes, locks, and keys to the polling place [
4215
4216 (2) [
4217 municipality or local district may obtain ballot boxes from the county clerk's office.
4218 (3) If locks and keys are unavailable, the election officer shall ensure that the ballot
4219 box lid [
4220 Section 89. Section 20A-5-408 is amended to read:
4221 20A-5-408. Disposition of election returns.
4222 (1) Each election officer shall produce the packages containing the election returns
4223 before the board of canvassers.
4224 (2) As soon as the returns are canvassed, the election officer shall file the [
4225
4226 Section 90. Section 20A-5-410, which is renumbered from Section 20A-3-304.1 is
4227 renumbered and amended to read:
4228 [
4229 information and status.
4230 (1) As used in this section[
4231
4232
4233 the information about the existence and status of absentee ballot requests required by this
4234 section.
4235 (2) (a) Each election officer shall maintain, in the election officer's office, a voting
4236 history record of those voters [
4237 officer's jurisdiction.
4238 [
4239 [
4240 (b) [
4241 private under Subsection 63G-2-302(1)(k), the voting history record is a public record under
4242 Title 63G, Chapter 2, Government Records Access and Management Act.
4243 (3) The election officer shall ensure that the voting history record for each voting
4244 precinct contains:
4245 (a) for [
4246 [
4247
4248 [
4249 [
4250
4251 [
4252 [
4253 officer; [
4254 (b) for early voting:
4255 (i) the name and address of each [
4256 individual who participated in early voting; and
4257 (ii) the date the [
4258 (c) for voting on election day, the name and address of each individual who voted on
4259 election day.
4260 (4) (a) Notwithstanding the time limits for response to a request for records under
4261 Section 63G-2-204 or the time limits for a request for records established in any ordinance, the
4262 election officer shall ensure that the information required by this section is recorded and made
4263 available to the public no later than one business day after its receipt in the election officer's
4264 office.
4265 (b) Notwithstanding the fee requirements of Section 63G-2-203 or the fee requirements
4266 established in any ordinance, the election officer shall make copies of the voting history record
4267 available to the public for the actual cost of production or copying.
4268 Section 91. Section 20A-5-601 is amended to read:
4269 20A-5-601. Appointment of poll workers in elections where candidates are
4270 distinguished by registered political parties.
4271 (1) (a) [
4272 candidates are distinguished by registered political parties.
4273 (b) On or before March 1 of each even-numbered year, [
4274 officer shall provide to the county chair of each registered political party a list of the number of
4275 poll workers that the party must nominate for each [
4276 [
4277 and secretary of each registered political party shall file a list with the [
4278
4279 who are willing to serve as poll workers, who are qualified to serve as poll workers in
4280 accordance with this section, and who are competent and trustworthy.
4281 [
4282 equal in number to the number required by the [
4283 (2) Each [
4284 individuals to serve as poll workers at [
4285
4286 election.
4287 (3) (a) For [
4288 each election, each [
4289 of[
4290 two registered voters, one of whom is at least 21 years of age, from the list to serve as poll
4291 workers [
4292
4293 (b) An election officer may appoint additional poll workers, as needed.
4294 [
4295
4296
4297
4298 [
4299
4300 [
4301
4302
4303 [
4304 [
4305 [
4306 [
4307 [
4308
4309
4310 [
4311 [
4312 [
4313 [
4314 [
4315 [
4316 [
4317 [
4318
4319 [
4320 [
4321
4322
4323 [
4324 [
4325
4326
4327 [
4328
4329
4330
4331 [
4332
4333
4334 place for an election, the [
4335 [
4336 highest number of votes for governor, lieutenant governor, attorney general, state auditor, and
4337 state treasurer, excluding votes for unopposed candidates, in the [
4338 holding the election at the last regular general election before the appointment of the [
4339
4340 [
4341 second highest number of votes for governor, lieutenant governor, attorney general, state
4342 auditor, and state treasurer, excluding votes for unopposed candidates, in the [
4343 county, city, or local district, as applicable, at the last regular general election before the
4344 appointment of the [
4345 [
4346
4347
4348 [
4349
4350
4351
4352 [
4353
4354
4355
4356 [
4357
4358 [
4359
4360
4361
4362
4363
4364 [
4365
4366
4367
4368
4369 [
4370 appointment of any qualified county voter as [
4371 (a) a political party fails to file the poll worker list by the filing deadline; or
4372 (b) the list is incomplete.
4373 [
4374
4375 [
4376 parent, sibling, spouse, child, mother-in-law, father-in-law, sister-in-law, brother-in-law,
4377 daughter-in-law, or son-in-law to serve as a poll worker in a [
4378 candidate appears on the ballot.
4379 [
4380
4381 [
4382 [
4383 political party, the [
4384 lists, but may only select names from a properly submitted list.
4385 [
4386 workers.
4387 [
4388 serve in the polling place as needed.
4389 Section 92. Section 20A-5-602 is amended to read:
4390 20A-5-602. Appointment of poll workers in elections where candidates are not
4391 distinguished by registered political parties.
4392 (1) (a) This section governs appointment of poll workers in elections where candidates
4393 are not distinguished by registered political parties.
4394 [
4395
4396
4397 the local election.
4398 (2) (a) [
4399
4400
4401
4402 follows:
4403 (i) three registered voters; or
4404 (ii) two registered voters, one of whom is at least 21 years old, and one individual who
4405 is 16 or 17 years old.
4406 (b) The election officer may appoint additional poll workers to serve in the polling
4407 place as needed.
4408 [
4409 [
4410 [
4411 [
4412 [
4413
4414
4415 [
4416 [
4417 [
4418 [
4419 [
4420 [
4421 [
4422 [
4423
4424 [
4425 [
4426
4427
4428 [
4429 [
4430 [
4431 [
4432 [
4433
4434
4435 [
4436 [
4437 [
4438 [
4439 [
4440
4441 [
4442
4443 [
4444
4445 [
4446
4447 mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law to
4448 serve as a poll worker [
4449 ballot.
4450 [
4451 [
4452
4453 [
4454
4455 [
4456
4457 (b) The [
4458 local district may not compensate [
4459 county to [
4460 Section 93. Section 20A-5-603 is amended to read:
4461 20A-5-603. Vacancies -- Removal of poll workers.
4462 (1) (a) If a poll worker or alternate is unable to serve, that poll worker or alternate shall
4463 immediately notify the election officer, who shall fill the vacancy as provided in this section.
4464 (b) The election officer may fill a vacancy occurring under this section by appointing
4465 the alternate to serve or, if that is impossible, by appointing some other qualified person to fill
4466 the vacancy.
4467 (2) The election officer shall summarily remove any poll worker who:
4468 (a) neglects [
4469 (b) commits or encourages fraud in connection with any election;
4470 (c) violates any election law;
4471 (d) knowingly permits any person to violate any election law;
4472 (e) has been convicted of a felony;
4473 (f) commits any act that interferes or tends to interfere with a fair and honest election;
4474 or
4475 (g) is incapable of performing the duties of a poll worker.
4476 Section 94. Section 20A-5-605 is amended to read:
4477 20A-5-605. Duties of poll workers.
4478 (1) Poll workers shall:
4479 (a) arrive at the polling place at a time determined by the election officer; and
4480 (b) remain until the official election returns are prepared for delivery.
4481 (2) The election officer may designate[
4482 [
4483 [
4484 [
4485 (3) Upon [
4486 [
4487
4488 [
4489 [
4490 [
4491 [
4492
4493 [
4494 [
4495 that security devices have not been tampered with;
4496 [
4497 those poll workers and watchers that are present;
4498 [
4499
4500 [
4501 [
4502 (i) make any necessary corrections to the official ballots before [
4503 distributed at the polls; and
4504 (ii) post any necessary notice of errors in [
4505 [
4506 if any; [
4507 [
4508 upside down to empty [
4509 (g) immediately before the polls open, lock [
4510 not available, tape [
4511 (4) (a) If any poll worker fails to appear on the morning of the election, or fails or
4512 refuses to act:
4513 (i) at least six qualified electors [
4514 polling place at the hour designated by law for the opening of the polls shall fill the vacancy by
4515 appointing another qualified [
4516 the same political party as the poll worker who is being replaced to act as a poll worker; or
4517 (ii) the election officer shall appoint a qualified [
4518 worker.
4519 (b) If a majority of the poll workers are present, [
4520 polls, even though a poll worker has not arrived.
4521 (5) (a) If it is impossible or inconvenient to hold an election at the polling place
4522 designated, the poll workers, after having assembled at or as near as practicable to the
4523 designated place, and before receiving any vote, may move to the nearest convenient place for
4524 holding the election.
4525 (b) If the poll workers move to a new polling place, [
4526 display a proclamation of the change and station a peace officer or some other proper [
4527 individual at the original polling place to notify voters of the location of the new polling place.
4528 [
4529
4530
4531
4532 [
4533 distribution at a polling place or, if the supply of ballots is exhausted before the polls are
4534 closed, the poll workers may use unofficial ballots, made as nearly as possible in the form of
4535 the official ballot, until [
4536 the election officer provides additional ballots.
4537 [
4538 the polls are open as required by Section 20A-1-302, or in the case of early voting, Section
4539 [
4540 [
4541 requirements of Chapter 3, Voting, in allowing people to vote.
4542 (b) The poll workers may not allow [
4543 officials and those admitted to vote, within six feet of voting devices, voting booths, [
4544 the ballot box.
4545 (c) Besides the poll workers and watchers, the poll workers may not allow more than
4546 four voters in excess of the number of voting booths provided within six feet of voting devices,
4547 voting booths, [
4548 (d) If necessary, the poll workers shall instruct each voter [
4549 voting device how to operate the voting device before the voter enters the voting booth.
4550 (e) (i) If the voter requests additional instructions after entering the voting booth, two
4551 poll workers may, if necessary, enter the booth and give the voter additional instructions.
4552 (ii) In regular general elections and regular primary elections, the two poll workers who
4553 enter the voting booth to assist the voter shall be of different political parties.
4554 Section 95. Section 20A-5-801 is amended to read:
4555 20A-5-801. Definitions.
4556 As used in this part:
4557 (1) "New voting equipment system" means voting equipment that is operated in a
4558 materially different way or that functions in a materially different way than the equipment
4559 being replaced.
4560 (2) "Voting equipment" means the following equipment used for an election:
4561 (a) automatic tabulating equipment;
4562 [
4563 [
4564 [
4565 Section 96. Section 20A-5-804 is amended to read:
4566 20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
4567 Matching funds -- Acceptable uses.
4568 (1) As used in this section:
4569 (a) "Program" means the Voting Equipment Grant Program created in this section.
4570 (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
4571 (i) the total amount of funds appropriated by the Legislature to the program; and
4572 (ii) the quotient of:
4573 (A) the total number of active voters in a county; and
4574 (B) the total number of registered voters in the state.
4575 (2) (a) There is created the Voting Equipment Grant Program as a grant program to
4576 assist counties in purchasing new voting equipment systems.
4577 (b) The lieutenant governor shall administer the program using funds appropriated by
4578 the Legislature for the purpose of administering the program.
4579 (3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
4580 Lieutenant Governor to participate in and receive funds from the program.
4581 (b) A proposal described in Subsection (3)(a) shall:
4582 (i) describe the current condition of the voting equipment used by the county;
4583 (ii) describe the county's need for a new voting equipment system;
4584 (iii) describe how the county plans to comply with the requirements described in
4585 Subsection (4), including:
4586 (A) a description of how the county plans to provide the matching funds described in
4587 Subsection (4)(b) if the proposal is accepted; and
4588 (B) a schedule by which the requirements will be met; and
4589 (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
4590 system.
4591 (4) A county that receives funds through a program grant:
4592 (a) shall use the funds to purchase a new voting equipment system that:
4593 (i) meets the requirements of Section 20A-5-802;
4594 (ii) creates a secure and auditable paper record of each vote; and
4595 (iii) complies with any additional binding requirement made under Subsection
4596 20A-5-803(8) by the Voting Equipment Selection Committee;
4597 (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
4598 matching funds equal to or greater than the difference of:
4599 (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
4600 governor accepts under Subsection (6)(b); and
4601 (ii) the amount the lieutenant governor is required to disburse to the county under
4602 Subsection (7)(a);
4603 (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
4604 Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
4605 (d) except as provided in Subsection (5), may not, after using a new voting equipment
4606 system in an election that was purchased under this section, use voting equipment that does not
4607 meet the requirements described in Subsection (4)(a); and
4608 (e) shall purchase a new voting equipment system described under Subsection (4)(a)
4609 that provides the best value to the county with consideration for the new voting equipment
4610 system's:
4611 (i) cost of maintenance;
4612 (ii) estimated operational lifetime; and
4613 (iii) cost of replacement.
4614 (5) A county that receives funds through the program may use voting equipment that
4615 does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
4616 (a) to the extent that using the voting equipment is necessary to accommodate a person
4617 with a disability in accordance with the requirements described in Subsection
4618 [
4619 20A-5-403(2)(b)(iii); or
4620 (b) if the county purchased the voting equipment before receiving grant funds under
4621 Subsection (7)(a).
4622 (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
4623 shall:
4624 (a) review the proposal to ensure that:
4625 (i) the proposal complies with the requirements described in Subsection (3); and
4626 (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
4627 (b) (i) if the proposal complies with the requirements described in Subsection (3), the
4628 cost estimate appears to be reasonably accurate, and sufficient program funds are available:
4629 (A) accept the proposal;
4630 (B) notify the county clerk of the county that submitted the proposal that the proposal
4631 is accepted;
4632 (C) notify the county clerk of the requirements described in Subsection (7); and
4633 (D) disburse the funds described in Subsection (7)(a), in accordance with the
4634 requirements described in Subsection (7)(b), to the county that submitted the proposal; or
4635 (ii) if the proposal does not comply with the requirements described in Subsection (3),
4636 the cost estimate does not appear to be reasonable, or sufficient program funds are not
4637 available:
4638 (A) reject the proposal; and
4639 (B) notify the county clerk of the county that submitted the proposal that the proposal
4640 is rejected, indicating the reason that the proposal is rejected.
4641 (7) The lieutenant governor:
4642 (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
4643 (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
4644 lieutenant governor accepts under Subsection (6)(b); or
4645 (ii) the proportional reimbursement rate; and
4646 (b) may not disburse funds under Subsection (6)(b)(i)(D):
4647 (i) until the county appropriates the matching funds described in Subsection (4)(b); or
4648 (ii) if the disbursement would cause the county's total receipt of funds from the
4649 program to exceed the proportional reimbursement rate.
4650 Section 97. Section 20A-6-101 is amended to read:
4651 20A-6-101. General requirements for manual ballots.
4652 (1) [
4653 (a) are printed using precisely the same quality and tint of plain white paper through
4654 which the printing or writing cannot be seen;
4655 (b) are printed using precisely the same quality and kind of type;
4656 (c) are printed using precisely the same quality and tint of plain black ink;
4657 (d) are uniform in size for all the voting precincts within the election officer's
4658 jurisdiction; and
4659 (e) include, on a ticket for a race in which a voter is authorized to cast a write-in vote
4660 and in which a write-in candidate is qualified under Section 20A-9-601, a space for a write-in
4661 candidate immediately following the last candidate listed on that ticket.
4662 (2) Whenever the vote for candidates is to be limited to the voters of a particular
4663 political division, the election officer shall ensure that the names of those candidates are
4664 printed only upon those ballots provided to that political division.
4665 Section 98. Section 20A-6-102 is amended to read:
4666 20A-6-102. General requirements for machine counted ballots.
4667 (1) [
4668 (a) to a size and arrangement that fits the construction of the [
4669 device; and
4670 (b) in plain, clear type in black ink on clear white stock; or
4671 (c) in plain, clear type in black ink on stock of different colors if it is necessary to:
4672 (i) identify different ballots or parts of the ballot; or
4673 (ii) differentiate between political parties.
4674 [
4675
4676 [
4677 write-in candidate is qualified under Section 20A-9-601, the election officer shall include a
4678 space on the ticket for a write-in candidate immediately following the last candidate listed on
4679 that ticket.
4680 [
4681 authorize any ballots that are to be counted by means of electronic or electromechanical
4682 devices to be printed to a size, layout, texture, and in any type of ink or combination of inks
4683 that will be suitable for use in the counting devices in which they are intended to be placed.
4684 Section 99. Section 20A-6-105 is amended to read:
4685 20A-6-105. Provisional ballot envelopes.
4686 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
4687 substantially the following form:
4688 "AFFIRMATION
4689 Are you a citizen of the United States of America? Yes No
4690 Will you be 18 years old on or before election day? Yes No
4691 If you checked "no" in response to either of the two above questions, do not complete this
4692 form.
4693 Name of Voter _________________________________________________________
4694 First Middle Last
4695 Driver License or Identification Card Number _________________________________
4696 State of Issuance of Driver License or Identification Card Number _________________
4697 Date of Birth ___________________________________________________________
4698 Street Address of Principal Place of Residence
4699 ______________________________________________________________________
4700 City County State Zip Code
4701 Telephone Number (optional) ______________________________________________
4702 Last four digits of Social Security Number ____________________________
4703 Last former address at which I was registered to vote (if known)
4704 ______________________________________________________________________
4705 City County State Zip Code
4706 Voting Precinct (if known)
4707 _________________________________________________
4708 I, (please print your full name)__________________________do solemnly swear or
4709 affirm:
4710 That I am eligible to vote in this election; that I have not voted in this election in any
4711 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
4712 vote in this precinct; and
4713 Subject to penalty of law for false statements, that the information contained in this
4714 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
4715 above address; and that I am at least 18 years old and have resided in Utah for the 30 days
4716 immediately before this election.
4717 Signed ______________________________________________________________________
4718 Dated ______________________________________________________________________
4719 In accordance with Section [
4720 information above is a class B misdemeanor under Utah law and is punishable by
4721 imprisonment and by fine."
4722 "The portion of your voter registration form that lists your driver license or
4723 identification card number, social security number, and email address, and the day of your
4724 month of birth, is a private record. The portion of your voter registration form that lists your
4725 month and year of birth is a private record, the use of which is restricted to government
4726 officials, government employees, political parties, or certain other persons.
4727 You may apply to the lieutenant governor or your county clerk to have your entire voter
4728 registration record classified as private."
4729 "CITIZENSHIP AFFIDAVIT
4730 Name:
4731 Name at birth, if different:
4732 Place of birth:
4733 Date of birth:
4734 Date and place of naturalization (if applicable):
4735 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
4736 citizen and that to the best of my knowledge and belief the information above is true and
4737 correct.
4738 ____________________________
4739 Signature of Applicant
4740 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
4741 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
4742 up to one year in jail and a fine of up to $2,500.".
4743 (2) The provisional ballot envelope shall include:
4744 (a) a unique number;
4745 (b) a detachable part that includes the unique number; and
4746 (c) a telephone number, internet address, or other indicator of a means, in accordance
4747 with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
4748 Section 100. Section 20A-6-203 is amended to read:
4749 20A-6-203. Ballots for regular primary elections.
4750 (1) The lieutenant governor, together with county clerks, suppliers of election
4751 materials, and representatives of registered political parties, shall:
4752 (a) develop [
4753 in Utah's regular primary election;
4754 (b) ensure that the [
4755 comply generally, where applicable, with the requirements of Title 20A, Chapter 6, Part 1,
4756 General Requirements for All Ballots, and this section; and
4757 (c) provide voting booths, election records and supplies, ballot boxes, and as
4758 applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
4759 (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
4760 Chapter 6, Part 1, General Requirements for All Ballots, and Sections 20A-5-403, 20A-6-401,
4761 and 20A-6-401.1, the lieutenant governor, together with county clerks, suppliers of election
4762 materials, and representatives of registered political parties shall ensure that the [
4763
4764 supplies, and ballot boxes:
4765 (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
4766 voters are authorized to vote for a party's candidate;
4767 (ii) simplify the task of poll workers, particularly in determining a voter's party
4768 affiliation;
4769 (iii) minimize the possibility of spoiled ballots due to voter confusion; and
4770 (iv) protect against fraud.
4771 (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
4772 county clerks, suppliers of election materials, and representatives of registered political parties
4773 shall:
4774 (i) mark[
4775 particular registered political party; and
4776 (ii) instruct [
4777 candidates from the registered political party whose ballot the voter received.
4778 Section 101. Section 20A-6-301 is amended to read:
4779 20A-6-301. Manual ballots -- Regular general election.
4780 (1) Each election officer shall ensure that:
4781 (a) all [
4782 (i) no captions or other endorsements except as provided in this section;
4783 (ii) no symbols, markings, or other descriptions of a political party or group, except for
4784 a registered political party that has chosen to nominate its candidates in accordance with
4785 Section 20A-9-403; and
4786 (iii) no indication that a candidate for elective office has been nominated by, or has
4787 been endorsed by, or is in any way affiliated with a political party or group, unless the
4788 candidate has been nominated by a registered political party in accordance with Subsection
4789 20A-9-202(4) or Subsection 20A-9-403(5).
4790 (b) [
4791 endorsements are printed in 18 point bold type:
4792 (i) "Official Ballot for ____ County, Utah";
4793 (ii) the date of the election; and
4794 (iii) the words "certified by the Clerk of __________ County" or, as applicable, the
4795 name of a combined office that includes the duties of a county clerk;
4796 (c) the party name or title is printed in capital letters not less than one-fourth of an inch
4797 high;
4798 (d) unaffiliated candidates, candidates not affiliated with a registered political party,
4799 and all other candidates for elective office who were not nominated by a registered political
4800 party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are listed with
4801 the other candidates for the same office in accordance with Section 20A-6-305, without a party
4802 name or title, and with a mark referencing the following statement at the bottom of the ticket:
4803 "This candidate is not affiliated with, or does not qualify to be listed on the ballot as affiliated
4804 with, a political party.";
4805 (e) each ticket containing the lists of candidates, including the party name and device,
4806 are separated by heavy parallel lines;
4807 (f) the offices to be filled are plainly printed immediately above the names of the
4808 candidates for those offices;
4809 (g) the names of candidates are printed in capital letters, not less than one-eighth nor
4810 more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
4811 lines or rules three-eighths of an inch apart; and
4812 (h) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
4813 which a write-in candidate is qualified under Section 20A-9-601:
4814 (i) the ballot includes a space for a write-in candidate immediately following the last
4815 candidate listed on that ticket; or
4816 (ii) for the offices of president and vice president and governor and lieutenant
4817 governor, the ballot includes two spaces for write-in candidates immediately following the last
4818 candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
4819 candidates.
4820 (2) [
4821 (a) each [
4822 Subsection 20A-9-202(4) or Subsection 20A-9-403(5), and no other [
4823 placed on the ballot:
4824 (i) under the registered political party's name, if any; or
4825 (ii) under the title of the registered political party as designated by them in their
4826 certificates of nomination or petition, or, if none is designated, then under some suitable title;
4827 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
4828 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
4829 (c) the names of the candidates for president and vice president are used on the ballot
4830 instead of the names of the presidential electors; and
4831 (d) the ballots contain no other names.
4832 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
4833 that:
4834 (a) the designation of the office to be filled in the election and the number of
4835 candidates to be elected are printed in type not smaller than eight point;
4836 (b) the words designating the office are printed flush with the left-hand margin;
4837 (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
4838 which the voter may vote)" extend to the extreme right of the column;
4839 (d) the nonpartisan candidates are grouped according to the office for which they are
4840 candidates;
4841 (e) the names in each group are placed in the order specified under Section 20A-6-305
4842 with the surnames last; and
4843 (f) each group is preceded by the designation of the office for which the candidates
4844 seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
4845 candidates for which the voter may vote)," according to the number to be elected.
4846 (4) Each election officer shall ensure that:
4847 (a) proposed amendments to the Utah Constitution are listed on the ballot in
4848 accordance with Section 20A-6-107;
4849 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
4850 with Section 20A-6-107; and
4851 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
4852 title assigned to each bond proposition under Section 11-14-206.
4853 Section 102. Section 20A-6-302 is amended to read:
4854 20A-6-302. Manual ballots -- Placement of candidates' names.
4855 (1) [
4856 general elections, that:
4857 (a) each candidate is listed by party, if nominated by a registered political party under
4858 Subsection 20A-9-202(4) or Subsection 20A-9-403(5);
4859 (b) candidates' surnames are listed in alphabetical order on the ballots when two or
4860 more candidates' names are required to be listed on a ticket under the title of an office; and
4861 (c) the names of candidates are placed on the ballot in the order specified under Section
4862 20A-6-305.
4863 (2) (a) When there is only one candidate for county attorney at the regular general
4864 election in counties that have three or fewer registered voters of the county who are licensed
4865 active members in good standing of the Utah State Bar, the county clerk shall cause that
4866 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
4867 with the following question: "Shall (name of candidate) be elected to the office of county
4868 attorney? Yes ____ No ____."
4869 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
4870 elected to the office of county attorney.
4871 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
4872 elected and may not take office, nor may the candidate continue in the office past the end of the
4873 term resulting from any prior election or appointment.
4874 (d) When the name of only one candidate for county attorney is printed on the ballot
4875 under authority of this Subsection (2), the county clerk may not count any write-in votes
4876 received for the office of county attorney.
4877 (e) If no qualified [
4878 candidate is not elected by the voters, the county legislative body shall appoint the county
4879 attorney as provided in Section 20A-1-509.2.
4880 (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
4881 the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
4882 two consecutive terms immediately preceding the term for which the candidate is seeking
4883 election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
4884 unopposed candidate the same as any other unopposed candidate for another office, unless a
4885 petition is filed with the county clerk before 5 p.m. no later than one day before that year's
4886 primary election that:
4887 (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
4888 (ii) contains the signatures of registered voters in the county representing in number at
4889 least 25% of all votes cast in the county for all candidates for governor at the last election at
4890 which a governor was elected.
4891 (3) (a) When there is only one candidate for district attorney at the regular general
4892 election in a prosecution district that has three or fewer registered voters of the district who are
4893 licensed active members in good standing of the Utah State Bar, the county clerk shall cause
4894 that candidate's name and party affiliation, if any, to be placed on a separate section of the
4895 ballot with the following question: "Shall (name of candidate) be elected to the office of district
4896 attorney? Yes ____ No ____."
4897 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
4898 elected to the office of district attorney.
4899 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
4900 elected and may not take office, nor may the candidate continue in the office past the end of the
4901 term resulting from any prior election or appointment.
4902 (d) When the name of only one candidate for district attorney is printed on the ballot
4903 under authority of this Subsection (3), the county clerk may not count any write-in votes
4904 received for the office of district attorney.
4905 (e) If no qualified [
4906 only candidate is not elected by the voters under this subsection, the county legislative body
4907 shall appoint a new district attorney for a four-year term as provided in Section 20A-1-509.2.
4908 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
4909 the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
4910 two consecutive terms immediately preceding the term for which the candidate is seeking
4911 election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
4912 unopposed candidate the same as any other unopposed candidate for another office, unless a
4913 petition is filed with the county clerk before 5 p.m. no later than one day before that year's
4914 primary election that:
4915 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
4916 (ii) contains the signatures of registered voters in the county representing in number at
4917 least 25% of all votes cast in the county for all candidates for governor at the last election at
4918 which a governor was elected.
4919 Section 103. Section 20A-6-304 is amended to read:
4920 20A-6-304. Regular general election -- Mechanical ballots.
4921 (1) Each election officer shall ensure that:
4922 (a) the format and content of [
4923 approximately the same order as [
4924 (b) the titles of offices and the names of candidates are displayed in vertical columns or
4925 in a series of separate [
4926 (c) the [
4927 candidates:
4928 (i) the names of candidates for judicial offices and any other nonpartisan offices; and
4929 (ii) any ballot propositions submitted to the voters for their approval or rejection;
4930 (d) the office titles are displayed above or at the side of the names of candidates so as
4931 to indicate clearly the candidates for each office and the number to be elected;
4932 (e) the party designation of each candidate who has been nominated by a registered
4933 political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is displayed
4934 adjacent to the candidate's name; and
4935 (f) if possible, all candidates for one office are grouped in one column or upon one
4936 display screen.
4937 (2) Each election officer shall ensure that:
4938 (a) proposed amendments to the Utah Constitution are displayed in accordance with
4939 Section 20A-6-107;
4940 (b) ballot propositions submitted to the voters are displayed in accordance with Section
4941 20A-6-107; and
4942 (c) bond propositions that have qualified for the ballot are displayed under the title
4943 assigned to each bond proposition under Section 11-14-206.
4944 Section 104. Section 20A-6-401 is amended to read:
4945 20A-6-401. Ballots for municipal primary elections.
4946 (1) Each election officer shall ensure that:
4947 (a) the following endorsements are printed in 18 point bold type:
4948 (i) "Official Primary Ballot for ____ (City, Town, or Metro Township), Utah";
4949 (ii) the date of the election; and
4950 (iii) a facsimile of the signature of the election officer and the election officer's title in
4951 eight point type;
4952 (b) immediately below the election officer's title, two one-point parallel horizontal
4953 rules separate endorsements from the rest of the ballot;
4954 (c) immediately below the horizontal rules, an "Instructions to Voters" section is
4955 printed in 10 point bold type that states: "To vote for a candidate, [
4956
4957 each respective office." followed by two one-point parallel rules;
4958 (d) after the rules, the designation of the office for which the candidates seek
4959 nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
4960 for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
4961 to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
4962 (e) after the hair-line rule, the names of the candidates are printed in heavy face type
4963 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
4964 with surnames last and grouped according to the office that they seek;
4965 (f) a square with sides not less than one-fourth inch long is printed immediately
4966 adjacent to the names of the candidates; and
4967 (g) the candidate groups are separated from each other by one light and one heavy line
4968 or rule.
4969 (2) A municipal primary ballot may not contain any space for write-in votes.
4970 Section 105. Section 20A-6-401.1 is amended to read:
4971 20A-6-401.1. Ballots for partisan municipal primary elections.
4972 [
4973 (1) An election officer shall ensure that:
4974 (a) all [
4975 (i) separate the candidates of one political party from those of the other political
4976 parties; and
4977 (ii) contain no captions or other endorsements except as provided in this section;
4978 (b) the names of all candidates from each party are listed on the same ballot in one or
4979 more columns under their party name and emblem;
4980 (c) the political parties are printed on the ballot in the order specified under Section
4981 20A-6-305;
4982 (d) the following endorsements are printed in 18-point bold type:
4983 (i) "Official Primary Ballot for ____ (name of municipality), Utah";
4984 (ii) the date of the election; and
4985 (iii) a facsimile of the signature of the [
4986
4987 point type;
4988 (e) after the facsimile signature, the political party emblem and the name of the
4989 political party are printed;
4990 (f) after the party name and emblem, the ballot contains the following printed in not
4991 smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote for a
4992 candidate, [
4993 the name of the person for whom you wish to vote and in no other place. Do not vote for any
4994 candidate listed under more than one party or group designation.", followed by two one-point
4995 parallel horizontal rules;
4996 (g) after the rules, the designation of the office for which the candidates seek
4997 nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
4998 for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
4999 to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
5000 (h) after the hair-line rule, the names of the candidates are printed in heavy face type
5001 between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
5002 with surnames last and grouped according to the office that they seek;
5003 (i) a square with sides not less than one-fourth inch long is printed immediately
5004 adjacent to the names of the candidates;
5005 (j) the candidate groups are separated from each other by one light and one heavy line
5006 or rule; and
5007 (k) the nonpartisan candidates are listed as follows:
5008 (i) immediately below the listing of the party candidates, the word "NONPARTISAN"
5009 is printed in reverse type in an 18 point solid rule that extends the full width of the type copy of
5010 the party listing above; and
5011 (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
5012 candidate's name, the voting square, and any other necessary information is printed in the same
5013 style and manner as for party candidates.
5014 (2) [
5015 election officer may require that:
5016 [
5017 primary election consist of several groups of pages or display screens, so that a separate group
5018 can be used to list the names of candidates seeking nomination of each qualified political party,
5019 with additional groups used to list candidates for other nonpartisan offices;
5020 [
5021 suitable means; and
5022 [
5023 how to vote the ballot.
5024 [
5025
5026 [
5027
5028 [
5029
5030 Section 106. Section 20A-6-402 is amended to read:
5031 20A-6-402. Ballots for municipal general elections.
5032 (1) Except as otherwise required for a race conducted by instant runoff voting under
5033 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, [
5034
5035 officer shall ensure that:
5036 (a) the names of the two candidates who received the highest number of votes for
5037 mayor in the municipal primary are placed upon the ballot;
5038 (b) if no municipal primary election was held, the names of the candidates who filed
5039 declarations of candidacy for municipal offices are placed upon the ballot;
5040 (c) for other offices:
5041 (i) twice the number of candidates as there are positions to be filled are certified as
5042 eligible for election in the municipal general election from those candidates who received the
5043 greater number of votes in the primary election; and
5044 (ii) the names of those candidates are placed upon the municipal general election
5045 ballot;
5046 (d) the names of the candidates are placed on the ballot in the order specified under
5047 Section 20A-6-305;
5048 (e) in an election in which a voter is authorized to cast a write-in vote and where a
5049 write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the
5050 ballot that contains, for each office in which there is a qualified write-in candidate:
5051 (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
5052 (ii) a square or other conforming area that is adjacent to or opposite the blank
5053 horizontal line to enable the voter to indicate the voter's vote;
5054 (f) ballot propositions that have qualified for the ballot, including propositions
5055 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
5056 listed on the ballot in accordance with Section 20A-6-107; and
5057 (g) bond propositions that have qualified for the ballot are listed on the ballot under the
5058 title assigned to each bond proposition under Section 11-14-206.
5059 [
5060
5061
5062 [
5063 [
5064 [
5065 [
5066
5067 [
5068
5069 [
5070
5071
5072
5073 [
5074
5075
5076
5077 [
5078
5079
5080 [
5081
5082 [
5083
5084 [
5085
5086 [
5087
5088 [
5089
5090 [
5091
5092
5093
5094 [
5095 [
5096 [
5097 [
5098 [
5099
5100 [
5101
5102
5103 [
5104
5105
5106 [
5107
5108
5109 [
5110 [
5111
5112 [
5113
5114 [
5115
5116 [
5117 [
5118 under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when
5119 using [
5120 shall ensure that:
5121 (a) the following endorsements are displayed on the first [
5122 (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
5123 (ii) the date of the election; and
5124 (iii) a facsimile of the signature of the election officer and the election officer's title;
5125 (b) immediately below the election officer's title, a distinct border or line separates the
5126 endorsements from the rest of the ballot;
5127 (c) immediately below the border or line, an "Instructions to Voters" section is
5128 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
5129 the candidate(s) for each respective office." followed by another border or line;
5130 (d) after the border or line, the designation of the office for which the candidates seek
5131 election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
5132 candidates for which the voter may vote)" are displayed, followed by a line or border;
5133 (e) after the line or border, the names of the candidates are displayed in the order
5134 specified under Section 20A-6-305 with surnames last and grouped according to the office that
5135 they seek;
5136 (f) a voting square or position is located adjacent to the name of each candidate;
5137 (g) following the name of the last candidate for each office in which a write-in
5138 candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
5139 voter may enter the name of and vote for a valid write-in candidate for the office; and
5140 (h) the candidate groups are separated from each other by a line or border.
5141 [
5142 committee, the election officer shall ensure that the party name is included with the candidate's
5143 name on the ballot.
5144 Section 107. Section 20A-7-607 is amended to read:
5145 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
5146 referendum.
5147 (1) When each referendum packet is received from a county clerk, the local clerk shall
5148 check off from the local clerk's record the number of each referendum packet filed.
5149 (2) Within two days after the day on which the local clerk receives each referendum
5150 packet from a county clerk, the local clerk shall:
5151 (a) count the number of the names certified by the county clerks that appear on each
5152 verified signature sheet;
5153 (b) if the total number of certified names from each verified signature sheet equals or
5154 exceeds the number of names required by Section 20A-7-601 and the requirements of this part
5155 are met, mark upon the front of the petition the word "sufficient";
5156 (c) if the total number of certified names from each verified signature sheet does not
5157 equal or exceed the number of names required by Section 20A-7-601 or a requirement of this
5158 part is not met, mark upon the front of the petition the word "insufficient"; and
5159 (d) notify any one of the sponsors of the local clerk's finding.
5160 (3) If the local clerk finds the total number of certified signatures from each verified
5161 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
5162 for a recount of the signatures appearing on the referendum petition in the presence of any
5163 sponsor.
5164 (4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
5165 may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days
5166 after the refusal.
5167 (b) If a court determines that the referendum petition is legally sufficient, the local
5168 clerk shall file [
5169 as of the date on which it was originally offered for filing in the local clerk's office.
5170 (c) If a court determines that any petition filed is not legally sufficient, the court may
5171 enjoin the local clerk and all other officers from:
5172 (i) certifying or printing the ballot title and numbers of that measure on the official
5173 ballot for the next election; or
5174 (ii) as it relates to a local tax law that is conducted entirely by [
5175 certifying, printing, or mailing the ballot title and numbers of that measure under Section
5176 20A-7-609.5.
5177 (5) A petition determined to be sufficient in accordance with this section is qualified
5178 for the ballot.
5179 (6) (a) If a referendum relates to legislative action taken after April 15, the election
5180 officer may not place the referendum on an election ballot until a primary election, a general
5181 election, or a special election the following year.
5182 (b) For a referendum on a land use law, if, before August 30, the local clerk or a court
5183 determines that the total number of certified names equals or exceeds the number of signatures
5184 required in Section 20A-7-601, the election officer shall place the referendum on the election
5185 ballot for the next general election.
5186 Section 108. Section 20A-7-609.5 is amended to read:
5187 20A-7-609.5. Election on referendum challenging local tax law conducted entirely
5188 by mail.
5189 (1) An election officer may administer an election on a referendum challenging a local
5190 tax law entirely by [
5191 (2) For purposes of an election conducted under this section, the election officer shall:
5192 (a) designate as the election day the day that is 30 days after the day on which the
5193 election officer complies with Subsection (2)(b); and
5194 (b) within 30 days after the day on which the referendum described in Subsection (1)
5195 qualifies for the ballot, mail to each registered voter within the voting precincts to which the
5196 local tax law applies:
5197 (i) [
5198 (ii) a statement that there will be no polling place [
5199 election;
5200 (iii) a statement specifying the election day described in Subsection (2)(a);
5201 (iv) a business reply mail envelope;
5202 (v) instructions for returning the ballot that include an express notice about any
5203 relevant deadlines that the voter must meet in order for the voter's vote to be counted;
5204 (vi) a warning, on a separate page of colored paper in boldface print, indicating that if
5205 the voter fails to follow the instructions included with the [
5206 will be unable to vote in that election because there will be no polling place [
5207
5208 (vii) (A) a copy of the proposition information pamphlet relating to the referendum if a
5209 proposition information pamphlet relating to the referendum was published under Section
5210 20A-7-401.5; or
5211 (B) a website address where an individual may view a copy of the proposition
5212 information pamphlet described in Subsection (2)(b)(vii)(A).
5213 [
5214
5215 [
5216 (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
5217 the election; or
5218 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
5219 and
5220 (b) maintain the signatures on file in the election officer's office.
5221 [
5222 section, the election officer shall compare the signature on each [
5223 envelope with the voter's signature that is maintained on file and verify that the signatures are
5224 the same.
5225 (b) If the election officer questions the authenticity of the signature on the [
5226
5227 signature.
5228 (c) If there is not a signature on the return envelope or if the election officer determines
5229 that the signature on the [
5230 that is maintained on file, the election officer shall:
5231 [
5232
5233
5234 [
5235 (ii) notify the voter of the disqualification and the reason for the disqualification.
5236 Section 109. Section 20A-7-613 is amended to read:
5237 20A-7-613. Property tax referendum petition.
5238 (1) As used in this section, "certified tax rate" means the same as that term is defined in
5239 Section 59-2-924.
5240 (2) Except as provided in this section, the requirements of this part apply to a
5241 referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
5242 exceeds the certified tax rate.
5243 (3) Notwithstanding Subsection 20A-7-606(1), the sponsors shall deliver each signed
5244 and verified referendum packet to the county clerk of the county in which the packet was
5245 circulated before 5 p.m. no later than 40 days after the day on which the local clerk complies
5246 with Subsection 20A-7-604(2).
5247 (4) Notwithstanding Subsections 20A-7-606(2) and (3), the county clerk shall take the
5248 actions required in Subsections 20A-7-606(2) and (3) within 10 working days after the day on
5249 which the county clerk receives the signed and verified referendum packet as described in
5250 Subsection (3).
5251 (5) The local clerk shall take the actions required by Section 20A-7-607 within two
5252 working days after the day on which the local clerk receives the referendum packets from the
5253 county clerk.
5254 (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
5255 ballot title within two working days after the day on which the referendum petition is declared
5256 sufficient for submission to a vote of the people.
5257 (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
5258 ballot under this section shall appear on the ballot for the earlier of the next regular general
5259 election or the next municipal general election unless a special election is called.
5260 [
5261 [
5262
5263
5264 [
5265 under this section the later of:
5266 [
5267 [
5268 (9) Section 20A-7-402 does not apply to a referendum described in this section.
5269 (10) (a) If a majority of voters does not vote against imposing the tax at a rate
5270 calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
5271 entity's legislative body:
5272 (i) the certified tax rate for the fiscal year during which the referendum petition is filed
5273 is its most recent certified tax rate; and
5274 (ii) the proposed increased revenues for purposes of establishing the certified tax rate
5275 for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
5276 increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
5277 before the filing of the referendum petition.
5278 (b) If a majority of voters votes against imposing a tax at the rate established by the
5279 vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
5280 taxing entity's most recent certified tax rate.
5281 (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
5282 required to comply with the notice and public hearing requirements of Section 59-2-919 if the
5283 taxing entity complies with those notice and public hearing requirements before the referendum
5284 petition is filed.
5285 (11) The ballot title shall, at a minimum, include in substantially this form the
5286 following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
5287 sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
5288 budgeted, adopted, and approved by the [name of the taxing entity]".
5289 (12) A taxing entity shall pay the county the costs incurred by the county that are
5290 directly related to meeting the requirements of this section and that the county would not have
5291 incurred but for compliance with this section.
5292 (13) (a) An election officer shall include on a ballot a referendum that has not yet
5293 qualified for placement on the ballot, if:
5294 (i) sponsors file an application for a referendum described in this section;
5295 (ii) the ballot will be used for the election for which the sponsors are attempting to
5296 qualify the referendum; and
5297 (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
5298 the day on which the ballot will be printed.
5299 (b) If an election officer includes on a ballot a referendum described in Subsection
5300 (13)(a), the ballot title shall comply with Subsection (11).
5301 (c) If an election officer includes on a ballot a referendum described in Subsection
5302 (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
5303 voters by any practicable method that the referendum has not qualified for the ballot and that
5304 votes cast in relation to the referendum will not be counted.
5305 Section 110. Section 20A-7-702 is amended to read:
5306 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
5307 (1) The lieutenant governor shall ensure that all information submitted for publication
5308 in the voter information pamphlet is:
5309 (a) printed and bound in a single pamphlet;
5310 (b) printed in clear readable type, no less than 10 point, except that the text of any
5311 measure may be set forth in eight-point type; and
5312 (c) printed on a quality and weight of paper that best serves the voters.
5313 (2) The voter information pamphlet shall contain the following items in this order:
5314 (a) a cover title page;
5315 (b) an introduction to the pamphlet by the lieutenant governor;
5316 (c) a table of contents;
5317 (d) a list of all candidates for constitutional offices;
5318 (e) a list of candidates for each legislative district;
5319 (f) a 100-word statement of qualifications for each candidate for the office of governor,
5320 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
5321 candidate to the lieutenant governor's office before 5 p.m. on the first business day in August
5322 before the date of the election;
5323 (g) information pertaining to all measures to be submitted to the voters, beginning a
5324 new page for each measure and containing, in the following order for each measure:
5325 (i) a copy of the number and ballot title of the measure;
5326 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
5327 the Legislature or by referendum;
5328 (iii) the impartial analysis of the measure prepared by the Office of Legislative
5329 Research and General Counsel;
5330 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
5331 measure, the arguments against the measure, and the rebuttal to the arguments against the
5332 measure, with the name and title of the authors at the end of each argument or rebuttal;
5333 (v) for each constitutional amendment, a complete copy of the text of the constitutional
5334 amendment, with all new language underlined, and all deleted language placed within brackets;
5335 (vi) for each initiative qualified for the ballot:
5336 (A) a copy of the measure as certified by the lieutenant governor and a copy of the
5337 fiscal impact estimate prepared according to Section 20A-7-202.5; and
5338 (B) if the initiative proposes a tax increase, the following statement in bold type:
5339 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
5340 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
5341 increase in the current tax rate."; and
5342 (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
5343 being submitted to the voters for their approval or rejection, with all new language underlined
5344 and all deleted language placed within brackets, as applicable;
5345 (h) a description provided by the Judicial Performance Evaluation Commission of the
5346 selection and retention process for judges, including, in the following order:
5347 (i) a description of the judicial selection process;
5348 (ii) a description of the judicial performance evaluation process;
5349 (iii) a description of the judicial retention election process;
5350 (iv) a list of the criteria of the judicial performance evaluation and the minimum
5351 performance standards;
5352 (v) the names of the judges standing for retention election; and
5353 (vi) for each judge:
5354 (A) a list of the counties in which the judge is subject to retention election;
5355 (B) a short biography of professional qualifications and a recent photograph;
5356 (C) a narrative concerning the judge's performance;
5357 (D) for each standard of performance, a statement identifying whether or not the judge
5358 met the standard and, if not, the manner in which the judge failed to meet the standard;
5359 (E) a statement identifying whether or not the Judicial Performance Evaluation
5360 Commission recommends the judge be retained or declines to make a recommendation and the
5361 number of votes for and against the commission's recommendation;
5362 (F) any statement provided by a judge who is not recommended for retention by the
5363 Judicial Performance Evaluation Commission under Section 78A-12-203;
5364 (G) in a bar graph, the average of responses to each survey category, displayed with an
5365 identification of the minimum acceptable score as set by Section 78A-12-205 and the average
5366 score of all judges of the same court level; and
5367 (H) a website address that contains the Judicial Performance Evaluation Commission's
5368 report on the judge's performance evaluation;
5369 (i) for each judge, a statement provided by the Utah Supreme Court identifying the
5370 cumulative number of informal reprimands, when consented to by the judge in accordance with
5371 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
5372 censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
5373 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
5374 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
5375 that the judge has received;
5376 (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
5377 indicating the ballot marking procedure used by each county and explaining how to mark the
5378 ballot for each procedure;
5379 (k) voter registration information, including information on how to obtain [
5380
5381 (l) a list of all county clerks' offices and phone numbers;
5382 (m) the address of the Statewide Electronic Voter Information Website, with a
5383 statement indicating that the election officer will post on the website any changes to the
5384 location of a polling place and the location of any additional polling place;
5385 (n) a phone number that a voter may call to obtain information regarding the location
5386 of a polling place; and
5387 (o) on the back cover page, a printed copy of the following statement signed by the
5388 lieutenant governor:
5389 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
5390 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
5391 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
5392 correct according to law.
5393 SEAL
5394 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
5395 of ____ (month), ____ (year)
5396
(signed) ____________________________________
5397
Lieutenant Governor"
5398 (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
5399 commences, the lieutenant governor shall:
5400 (a) (i) distribute one copy of the voter information pamphlet to each household within
5401 the state;
5402 (ii) distribute to each household within the state a notice:
5403 (A) printed on a postage prepaid, preaddressed return form that a person may use to
5404 request delivery of a voter information pamphlet by mail;
5405 (B) that states the address of the Statewide Electronic Voter Information Website
5406 authorized by Section 20A-7-801; and
5407 (C) that states the phone number a voter may call to request delivery of a voter
5408 information pamphlet by mail; or
5409 (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
5410 every newspaper of general circulation in the state;
5411 (b) ensure that a sufficient number of printed voter information pamphlets are available
5412 for distribution as required by this section;
5413 (c) provide voter information pamphlets to each county clerk for free distribution upon
5414 request and for placement at polling places; and
5415 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
5416 before the election.
5417 (4) The lieutenant governor may distribute a voter information pamphlet at a location
5418 frequented by a person who cannot easily access the Statewide Electronic Voter Information
5419 Website authorized by Section 20A-7-801.
5420 Section 111. Section 20A-7-801 is amended to read:
5421 20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
5422 the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
5423 Frequently asked voter questions -- Other elections.
5424 (1) There is established the Statewide Electronic Voter Information Website Program
5425 administered by the lieutenant governor in cooperation with the county clerks for general
5426 elections and municipal authorities for municipal elections.
5427 (2) In accordance with this section, and as resources become available, the lieutenant
5428 governor, in cooperation with county clerks, shall develop, establish, and maintain a
5429 state-provided Internet website designed to help inform the voters of the state of:
5430 (a) the offices and candidates up for election; and
5431 (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
5432 of ballot propositions submitted to the voters.
5433 (3) Except as provided under Subsection (6), the website shall include:
5434 (a) all information currently provided in the Utah voter information pamphlet under
5435 Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared, analyzed, and
5436 submitted by the Judicial Council describing the judicial selection and retention process;
5437 (b) all information submitted by election officers under Subsection (4) on local office
5438 races, local office candidates, and local ballot propositions;
5439 (c) a list that contains the name of a political subdivision that operates an election day
5440 voting center under Section [
5441 voting center;
5442 (d) other information determined appropriate by the lieutenant governor that is
5443 currently being provided by law, rule, or ordinance in relation to candidates and ballot
5444 questions; and
5445 (e) any differences in voting method, time, or location designated by the lieutenant
5446 governor under Subsection 20A-1-308(2).
5447 (4) (a) An election official shall submit the following information for each ballot
5448 [
5449 (i) a list of all candidates for each office;
5450 (ii) if submitted by the candidate to the election official's office before 5 p.m. no later
5451 than 45 days before the primary election or before 5 p.m. no later than 60 days before the
5452 general election:
5453 (A) a statement of qualifications, not exceeding 200 words in length, for each
5454 candidate;
5455 (B) the following current biographical information if desired by the candidate, current:
5456 (I) age;
5457 (II) occupation;
5458 (III) city of residence;
5459 (IV) years of residence in current city; and
5460 (V) email address; and
5461 (C) a single web address where voters may access more information about the
5462 candidate and the candidate's views; and
5463 (iii) factual information pertaining to all ballot propositions submitted to the voters,
5464 including:
5465 (A) a copy of the number and ballot title of each ballot proposition;
5466 (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
5467 vote was required to place the ballot proposition on the ballot;
5468 (C) a complete copy of the text of each ballot proposition, with all new language
5469 underlined and all deleted language placed within brackets; and
5470 (D) other factual information determined helpful by the election official.
5471 (b) The information under Subsection (4)(a) shall be submitted to the lieutenant
5472 governor no later than one business day after the deadline under Subsection (4)(a) for each
5473 general election year and each municipal election year.
5474 (c) The lieutenant governor shall:
5475 (i) review the information submitted under this section, to determine compliance under
5476 this section, prior to placing it on the website;
5477 (ii) refuse to post information submitted under this section on the website if it is not in
5478 compliance with the provisions of this section; and
5479 (iii) organize, format, and arrange the information submitted under this section for the
5480 website.
5481 (d) The lieutenant governor may refuse to include information the lieutenant governor
5482 determines is not in keeping with:
5483 (i) Utah voter needs;
5484 (ii) public decency; or
5485 (iii) the purposes, organization, or uniformity of the website.
5486 (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
5487 Subsection (5).
5488 (5) (a) A person whose information is refused under Subsection (4), and who is
5489 aggrieved by the determination, may appeal by submitting a written notice of appeal to the
5490 lieutenant governor before 5 p.m. within 10 business days after the date of the determination.
5491 A notice of appeal submitted under this Subsection (5)(a) shall contain:
5492 (i) a listing of each objection to the lieutenant governor's determination; and
5493 (ii) the basis for each objection.
5494 (b) The lieutenant governor shall review the notice of appeal and shall issue a written
5495 response within 10 business days after the day on which the notice of appeal is submitted.
5496 (c) An appeal of the response of the lieutenant governor shall be made to the district
5497 court, which shall review the matter de novo.
5498 (6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
5499 enter the voter's address information on the website to retrieve information on which offices,
5500 candidates, and ballot propositions will be on the voter's ballot at the next general election or
5501 municipal election.
5502 (b) The information on the website will anticipate and answer frequent voter questions
5503 including the following:
5504 (i) what offices are up in the current year for which the voter may cast a vote;
5505 (ii) who is running for what office and who is the incumbent, if any;
5506 (iii) what address each candidate may be reached at and how the candidate may be
5507 contacted;
5508 (iv) for partisan races only, what, if any, is each candidate's party affiliation;
5509 (v) what qualifications have been submitted by each candidate;
5510 (vi) where additional information on each candidate may be obtained;
5511 (vii) what ballot propositions will be on the ballot; and
5512 (viii) what judges are up for retention election.
5513 (7) As resources are made available and in cooperation with the county clerks, the
5514 lieutenant governor may expand the electronic voter information website program to include
5515 the same information as provided under this section for special elections and primary elections.
5516 Section 112. Section 20A-9-406 is amended to read:
5517 20A-9-406. Qualified political party -- Requirements and exemptions.
5518 The following provisions apply to a qualified political party:
5519 (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
5520 odd-numbered year, certify to the lieutenant governor the identity of one or more registered
5521 political parties whose members may vote for the qualified political party's candidates and
5522 whether unaffiliated voters may vote for the qualified political party's candidates;
5523 (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
5524 20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
5525 political party;
5526 (3) an individual may only seek the nomination of the qualified political party by using
5527 a method described in Section 20A-9-407, Section 20A-9-408, or both;
5528 (4) the qualified political party shall comply with the provisions of Sections
5529 20A-9-407, 20A-9-408, and 20A-9-409;
5530 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(f), or (2)(a), each election officer
5531 shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
5532 by a qualified political party:
5533 (a) under the qualified political party's name , if any; or
5534 (b) under the title of the qualified registered political party as designated by the
5535 qualified political party in the certification described in Subsection (1), or, if none is
5536 designated, then under some suitable title;
5537 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
5538 [
5539 qualified political party is listed by party;
5540 [
5541
5542
5543 [
5544 ensure that the party designation of each candidate who is nominated by the qualified political
5545 party is displayed adjacent to the candidate's name on [
5546 [
5547 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
5548 20A-9-408 to run in a regular general election for a federal office, constitutional office,
5549 multicounty office, or county office;
5550 [
5551 qualified political party is not required to comply with Subsection 20A-9-201(1)(c);
5552 [
5553 entitled to have each of the qualified political party's candidates for elective office appear on
5554 the primary ballot of the qualified political party with an indication that each candidate is a
5555 candidate for the qualified political party;
5556 [
5557 include on the list provided by the lieutenant governor to the county clerks:
5558 (a) the names of all candidates of the qualified political party for federal, constitutional,
5559 multicounty, and county offices; and
5560 (b) the names of unopposed candidates for elective office who have been nominated by
5561 the qualified political party and instruct the county clerks to exclude such candidates from the
5562 primary-election ballot;
5563 [
5564 for an elective office in the regular primary election of the qualified political party is nominated
5565 by the party for that office without appearing on the primary ballot; and
5566 [
5567 Section 20A-9-405, the qualified political party is entitled to have the names of its candidates
5568 for elective office featured with party affiliation on the ballot at a regular general election.
5569 Section 113. Section 20A-9-806 is amended to read:
5570 20A-9-806. Ballots.
5571 (1) The lieutenant governor, together with county clerks, suppliers of election
5572 materials, and representatives of registered political parties, shall:
5573 (a) develop [
5574 ballots, return envelopes and provisional ballot envelopes to be used in a presidential primary
5575 election;
5576 (b) ensure that the [
5577
5578 the requirements of Chapter 6, Part 1, General Requirements for All Ballots; and
5579 (c) provide voting booths, election records and supplies, and ballot boxes for each
5580 voting precinct as required by Section 20A-5-403.
5581 (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Chapter 6, Part
5582 1, General Requirements for All Ballots, and Section 20A-5-403, the lieutenant governor,
5583 together with county clerks, suppliers of election materials, and representatives of registered
5584 political parties shall ensure that the [
5585
5586 booths, election records and supplies, and ballot boxes:
5587 (i) facilitate the distribution, voting, and tallying of ballots in a closed primary;
5588 (ii) simplify the task of poll workers, particularly in determining a voter's party
5589 affiliation;
5590 (iii) minimize the possibility of spoiled ballots due to voter confusion; and
5591 (iv) protect against fraud.
5592 (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
5593 county clerks, suppliers of election materials, and representatives of registered political parties
5594 shall:
5595 (i) mark[
5596 registered political party; and
5597 (ii) instruct persons counting the ballots to count only those votes for candidates from
5598 the registered political party whose ballot the voter received.
5599 (c) To accomplish the requirements of this Subsection (2), the lieutenant governor,
5600 county clerks, suppliers of election materials, and representatives of registered political parties
5601 may:
5602 (i) notwithstanding the requirements of Sections 20A-6-101 and 20A-6-102, use
5603 different colored [
5604 (ii) place [
5605 booths and direct voters to the particular voting booth for the political party whose ballot they
5606 are voting; or
5607 (iii) consider other means of accomplishing the objectives [
5608 Subsection (2)(a).
5609 Section 114. Section 20A-9-808 is amended to read:
5610 20A-9-808. Voting.
5611 Voting in a presidential primary election shall be conducted in accordance with the
5612 procedures of Section [
5613 Section 115. Section 20A-11-206 is amended to read:
5614 20A-11-206. State office candidate -- Failure to file reports -- Penalties.
5615 (1) A state office candidate who fails to file a financial statement before the deadline is
5616 subject to a fine imposed in accordance with Section 20A-11-1005.
5617 (2) If a state office candidate fails to file an interim report described in Subsections
5618 20A-11-204(1)(b) through (d), the lieutenant governor may send an electronic notice to the
5619 state office candidate and the political party of which the state office candidate is a member, if
5620 any, that states:
5621 (a) that the state office candidate failed to timely file the report; and
5622 (b) that, if the state office candidate fails to file the report within 24 hours after the
5623 deadline for filing the report, the state office candidate will be disqualified and the political
5624 party will not be permitted to replace the candidate.
5625 (3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
5626 county clerk and other appropriate election officials that the state office candidate is
5627 disqualified if the state office candidate fails to file an interim report described in Subsections
5628 20A-11-204(1)(b) through (d) within 24 hours after the deadline for filing the report.
5629 (b) The political party of a state office candidate who is disqualified under Subsection
5630 (3)(a) may not replace the state office candidate.
5631 (4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
5632 official shall:
5633 (i) remove the state office candidate's name from the ballot; or
5634 (ii) if removing the state office candidate's name from the ballot is not practicable,
5635 inform the voters by any practicable method that the state office candidate has been
5636 disqualified and that votes cast for the state office candidate will not be counted.
5637 (b) An election official may fulfill the requirement described in Subsection (4)(a) in
5638 relation to [
5639 ballot, by including with the [
5640 website that will inform the voter whether a candidate on the ballot is disqualified.
5641 (5) A state office candidate is not disqualified if:
5642 (a) the state office candidate timely files the reports described in Subsections
5643 20A-11-204(1)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
5644 reports;
5645 (b) the reports are completed, detailing accurately and completely the information
5646 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
5647 and
5648 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
5649 an amended report or the next scheduled report.
5650 (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
5651 governor shall review each filed summary report to ensure that:
5652 (i) each state office candidate that is required to file a summary report has filed one;
5653 and
5654 (ii) each summary report contains the information required by this part.
5655 (b) If it appears that any state office candidate has failed to file the summary report
5656 required by law, if it appears that a filed summary report does not conform to the law, or if the
5657 lieutenant governor has received a written complaint alleging a violation of the law or the
5658 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
5659 violation or receipt of a written complaint, notify the state office candidate of the violation or
5660 written complaint and direct the state office candidate to file a summary report correcting the
5661 problem.
5662 (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
5663 report within seven days after receiving notice from the lieutenant governor described in this
5664 Subsection (6).
5665 (ii) Each state office candidate who violates Subsection (6)(c)(i) is guilty of a class B
5666 misdemeanor.
5667 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
5668 attorney general.
5669 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
5670 governor shall impose a civil fine of $100 against a state office candidate who violates
5671 Subsection (6)(c)(i).
5672 Section 116. Section 20A-11-305 is amended to read:
5673 20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
5674 (1) A legislative office candidate who fails to file a financial statement before the
5675 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
5676 (2) If a legislative office candidate fails to file an interim report described in
5677 Subsections 20A-11-303(1)(b)(ii) through (iv), the lieutenant governor may send an electronic
5678 notice to the legislative office candidate and the political party of which the legislative office
5679 candidate is a member, if any, that states:
5680 (a) that the legislative office candidate failed to timely file the report; and
5681 (b) that, if the legislative office candidate fails to file the report within 24 hours after
5682 the deadline for filing the report, the legislative office candidate will be disqualified and the
5683 political party will not be permitted to replace the candidate.
5684 (3) (a) The lieutenant governor shall disqualify a legislative office candidate and
5685 inform the county clerk and other appropriate election officials that the legislative office
5686 candidate is disqualified if the legislative office candidate fails to file an interim report
5687 described in Subsections 20A-11-303(1)(b)(ii) through (iv) within 24 hours after the deadline
5688 for filing the report.
5689 (b) The political party of a legislative office candidate who is disqualified under
5690 Subsection (3)(a) may not replace the legislative office candidate.
5691 (4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
5692 election officer shall:
5693 (i) remove the legislative office candidate's name from the ballot; or
5694 (ii) if removing the legislative office candidate's name from the ballot is not
5695 practicable, inform the voters by any practicable method that the legislative office candidate
5696 has been disqualified and that votes cast for the legislative office candidate will not be counted.
5697 (b) An election official may fulfill the requirement described in Subsection (4)(a) in
5698 relation to [
5699 ballot, by including with the [
5700 website that will inform the voter whether a candidate on the ballot is disqualified.
5701 (5) A legislative office candidate is not disqualified if:
5702 (a) the legislative office candidate files the reports described in Subsections
5703 20A-11-303(1)(b)(ii) through (iv) no later than 24 hours after the applicable deadlines for filing
5704 the reports;
5705 (b) the reports are completed, detailing accurately and completely the information
5706 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
5707 and
5708 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
5709 an amended report or the next scheduled report.
5710 (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
5711 governor shall review each filed summary report to ensure that:
5712 (i) each legislative office candidate that is required to file a summary report has filed
5713 one; and
5714 (ii) each summary report contains the information required by this part.
5715 (b) If it appears that any legislative office candidate has failed to file the summary
5716 report required by law, if it appears that a filed summary report does not conform to the law, or
5717 if the lieutenant governor has received a written complaint alleging a violation of the law or the
5718 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
5719 violation or receipt of a written complaint, notify the legislative office candidate of the
5720 violation or written complaint and direct the legislative office candidate to file a summary
5721 report correcting the problem.
5722 (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
5723 report within seven days after receiving notice from the lieutenant governor described in this
5724 Subsection (6).
5725 (ii) Each legislative office candidate who violates Subsection (6)(c)(i) is guilty of a
5726 class B misdemeanor.
5727 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
5728 attorney general.
5729 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
5730 governor shall impose a civil fine of $100 against a legislative office candidate who violates
5731 Subsection (6)(c)(i).
5732 Section 117. Section 20A-11-1305 is amended to read:
5733 20A-11-1305. School board office candidate -- Failure to file statement --
5734 Penalties.
5735 (1) A school board office candidate who fails to file a financial statement by the
5736 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
5737 (2) If a school board office candidate fails to file an interim report described in
5738 Subsections 20A-11-1303(1)(c)(i) through (iv), the lieutenant governor may send an electronic
5739 notice to the school board office candidate and the political party of which the school board
5740 office candidate is a member, if any, that states:
5741 (a) that the school board office candidate failed to timely file the report; and
5742 (b) that, if the school board office candidate fails to file the report within 24 hours after
5743 the deadline for filing the report, the school board office candidate will be disqualified and the
5744 political party will not be permitted to replace the candidate.
5745 (3) (a) The lieutenant governor shall disqualify a school board office candidate and
5746 inform the county clerk and other appropriate election officials that the school board office
5747 candidate is disqualified if the school board office candidate fails to file an interim report
5748 described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the deadline
5749 for filing the report.
5750 (b) The political party of a school board office candidate who is disqualified under
5751 Subsection (3)(a) may not replace the school board office candidate.
5752 (4) (a) If a school board office candidate is disqualified under Subsection (3)(a), the
5753 election officer shall:
5754 (i) remove the school board office candidate's name from the ballot; or
5755 (ii) if removing the school board office candidate's name from the ballot is not
5756 practicable, inform the voters by any practicable method that the school board office candidate
5757 has been disqualified and that votes cast for the school board office candidate will not be
5758 counted.
5759 (b) An election officer may fulfill the requirement described in Subsection (4)(a) in
5760 relation to [
5761 ballot, by including with the [
5762 website that will inform the voter whether a candidate on the ballot is disqualified.
5763 (5) A school board office candidate is not disqualified if:
5764 (a) the school board office candidate files the reports described in Subsections
5765 20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for
5766 filing the reports;
5767 (b) the reports are completed, detailing accurately and completely the information
5768 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
5769 and
5770 (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
5771 an amended report or the next scheduled report.
5772 (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
5773 governor shall review each filed summary report to ensure that:
5774 (i) each school board office candidate who is required to file a summary report has
5775 filed the report; and
5776 (ii) each summary report contains the information required by this part.
5777 (b) If it appears that a school board office candidate has failed to file the summary
5778 report required by law, if it appears that a filed summary report does not conform to the law, or
5779 if the lieutenant governor has received a written complaint alleging a violation of the law or the
5780 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
5781 violation or receipt of a written complaint, notify the school board office candidate of the
5782 violation or written complaint and direct the school board office candidate to file a summary
5783 report correcting the problem.
5784 (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
5785 summary report within seven days after receiving the notice described in Subsection (6)(b)
5786 from the lieutenant governor.
5787 (ii) Each school board office candidate who violates Subsection (6)(c)(i) is guilty of a
5788 class B misdemeanor.
5789 (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
5790 attorney general.
5791 (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
5792 governor shall impose a civil fine of $100 against a school board office candidate who violates
5793 Subsection (6)(c)(i).
5794 Section 118. Section 20A-16-202 is amended to read:
5795 20A-16-202. Report on ballots.
5796 (1) [
5797 clerk shall submit a report to the lieutenant governor indicating:
5798 (a) the number of ballots sent to covered voters; and
5799 (b) the number of ballots returned by covered voters that were counted.
5800 (2) [
5801 governor shall submit a statewide report to the Election Assistance Commission that includes
5802 the information required by Subsection (1).
5803 Section 119. Section 20A-16-401 is amended to read:
5804 20A-16-401. Methods of applying for military-overseas ballots.
5805 (1) A covered voter who is registered to vote in the state may apply for a
5806 military-overseas ballot [
5807 [
5808 [
5809 [
5810 (c) by otherwise making a request in writing.
5811 (2) A covered voter who is not registered to vote in this state may use a federal
5812 postcard application or the federal postcard application's electronic equivalent to apply
5813 simultaneously to register to vote under Section 20A-16-302 and for a military-overseas ballot.
5814 (3) (a) The lieutenant governor shall ensure that the electronic transmission system
5815 described in Subsection 20A-16-201(3) is capable of accepting the submission of both a federal
5816 postcard application and any other approved electronic military-overseas ballot application sent
5817 to the appropriate election official.
5818 (b) The voter may use the electronic transmission system or any other approved
5819 method to apply for a military-overseas ballot.
5820 (4) A covered voter may use the declaration accompanying a federal write-in absentee
5821 ballot as an application for a military-overseas ballot simultaneously with the submission of the
5822 federal write-in absentee ballot, if the declaration is received by the appropriate election official
5823 by the Thursday immediately before the election.
5824 (5) To receive the benefits of this chapter, a covered voter shall inform the appropriate
5825 election official that the voter is a covered voter by:
5826 (a) the use of a federal postcard application or federal write-in absentee ballot;
5827 (b) the use of an overseas address on an approved voter registration application or
5828 ballot application; or
5829 (c) the inclusion on an approved voter registration application or ballot application of
5830 other information sufficient to identify the voter as a covered voter.
5831 (6) This chapter does not preclude a covered voter from voting [
5832
5833 Section 120. Section 20A-16-406 is amended to read:
5834 20A-16-406. Disposition of ballot by county clerk.
5835 (1) Upon receipt by the county clerk of the envelope containing a military-overseas
5836 ballot, the county clerk shall:
5837 (a) enclose the unopened envelope containing the ballot and the written application of
5838 the covered voter in a larger envelope;
5839 (b) securely seal and endorse it with:
5840 (i) the name or number of the proper voting precinct;
5841 (ii) the name and official title of the clerk; and
5842 (iii) the words: "This envelope contains an absentee voter's official Utah election ballot
5843 to be voted at ____ (Insert Name and Number) precinct, in ____ (Insert Name) county, and
5844 may be opened on election day at the polls while the polls are open."; and
5845 (c) safely keep the envelope in the county clerk's office until the envelope is delivered
5846 by the county clerk to the proper election judges.
5847 (2) (a) When reasonably possible, the county clerk shall deliver or mail all
5848 military-overseas voter ballot envelopes to the appropriate voting precinct election judges so
5849 that the ballots may be processed on election day.
5850 (b) If the clerk is unable to determine the voting precinct to which the ballot should be
5851 sent or when valid ballots are received too late to deliver to the election judges on election day,
5852 the clerk shall keep them in a safe place until delivery can be made as required by Section
5853 [
5854 Section 121. Section 20A-16-407 is amended to read:
5855 20A-16-407. Duty of election judges.
5856 (1) (a) Voting precinct election judges shall open envelopes containing
5857 military-overseas ballots that are in the judges' custody on election day at the polling places
5858 during the time the polls are open as provided in this subsection.
5859 (b) The election judges shall:
5860 (i) first, open the outer envelope only; and
5861 (ii) compare the signature of the covered voter on the application with the signature on
5862 the registration and voting certificate.
5863 (2) (a) The judges shall register the covered voter to vote if the voter is not already
5864 registered if the judges find that:
5865 (i) the registration and voting certificate appears to be executed in proper form and
5866 contains information qualifying the covered voter to be registered as a voter; and
5867 (ii) the signatures on the certificate and the application correspond, where a
5868 comparison is required.
5869 (b) If the election judges determine that the registration and voting certificate is
5870 insufficient or that the signatures do not correspond, they shall:
5871 (i) disallow the registration; and
5872 (ii) without opening the ballot envelope, mark across the face of the envelope
5873 "Rejected as defective because of __________ ." with the reason for the rejection placed in the
5874 blank.
5875 (c) When a covered voter's name is entered upon the registration books, the voter is
5876 considered to be registered and the registration and voting certificate, signed and sworn to by
5877 the covered voter on the back of the ballot envelope, together with the covered voter's name
5878 upon the registration books, constitute the covered voter's registration record.
5879 (d) Nothing in this title may abridge the right of the covered voter to be registered as
5880 provided in this section.
5881 (3) (a) After registering the voter, the judges shall carefully open the ballot envelope so
5882 as not to destroy the information printed on it if they find that:
5883 (i) the registration and voting certificate is sufficient; and
5884 (ii) the signatures on the certificate and the application correspond, where a
5885 comparison is required.
5886 (b) The election judges shall:
5887 (i) remove the ballot from the envelope without unfolding it or permitting it to be
5888 opened or examined;
5889 [
5890 [
5891 [
5892 (c) If the election judges determine that the registration and voting certificate is
5893 insufficient or that the signatures do not correspond, they shall:
5894 (i) disallow the vote; and
5895 (ii) without opening the ballot envelope, mark across the face of the envelope
5896 "Rejected as defective because of __________ ." with the reason for the rejection placed in the
5897 blank.
5898 (4) The election judges shall deposit the envelope, when the ballot is voted, and the
5899 envelope with its contents unopened, when the absent vote is rejected, in the ballot box
5900 containing the ballots.
5901 (5) The county clerk shall retain and preserve the envelopes in the manner provided by
5902 law for the retention and preservation of official ballots voted at that election.
5903 Section 122. Section 63I-2-220 is amended to read:
5904 63I-2-220. Repeal dates -- Title 20A.
5905 (1) On January 1, 2021:
5906 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
5907 Subsection (4)," is repealed.
5908 (b) Subsection 20A-1-201.5(4) is repealed.
5909 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
5910 following:
5911 "(i) the fourth Tuesday in June; or
5912 (ii) the first Tuesday after the first Monday in November.".
5913 (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
5914 20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
5915 20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
5916 (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
5917 "(b) Unless expressly provided otherwise in this title, for a registered political party
5918 that is not a qualified political party, the deadline for filing a declaration of candidacy for an
5919 elective office that is to be filled at the next regular general election is 5 p.m. on the first
5920 Monday after the third Saturday in April.";
5921 (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
5922 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
5923 the third Saturday in April.".
5924 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
5925 (3) Section 20A-5-804 is repealed July 1, 2023.
5926 (4) On January 1, 2026:
5927 (a) In Subsection 20A-1-102[
5928 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
5929 (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
5930 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
5931 repealed.
5932 (c) In Section 20A-1-304, the language that states "Except for a race conducted by
5933 instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
5934 Pilot Project," is repealed.
5935 (d) In Subsection [
5936 [
5937 [
5938
5939 [
5940 (5)(b), the language that states [
5941 [
5942 subsections in Section [
5943 [
5944 Subsection (2)(f)," is repealed.
5945 [
5946 [
5947 "(3) To resolve questions that arise during the counting of ballots, a counting judge
5948 shall apply the standards and requirements of Section 20A-4-105.".
5949 [
5950 under Subsection 20A-4-101(2)(f)(i)" is repealed.
5951 [
5952 "(b) To resolve questions that arise during the counting of ballots, a counting judge
5953 shall apply the standards and requirements of Section 20A-4-105.".
5954 [
5955 in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule
5956 made under Subsection 20A-4-101(2)(f)(i)" is repealed.
5957 [
5958 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
5959 repealed.
5960 [
5961 [
5962 Methods Pilot Project," is repealed.
5963 [
5964 otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
5965 Project," is repealed.
5966 [
5967 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
5968 [
5969 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
5970 [
5971 "(v) from each voting precinct:
5972 (A) the number of votes for each candidate; and
5973 (B) the number of votes for and against each ballot proposition;".
5974 [
5975 Subsection (1) are renumbered accordingly, and the cross-references to those subsections are
5976 renumbered accordingly.
5977 [
5978 Project, is repealed.
5979 [
5980 political subdivision to conduct an election, is repealed.
5981 [
5982
5983 [
5984
5985 [
5986 (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
5987 Subsection (2); and
5988 (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
5989 accordingly.
5990 [
5991 [
5992 states "Except as otherwise required for a race conducted by instant runoff voting under Title
5993 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
5994 [
5995 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
5996 [
5997 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
5998 repealed.
5999 [
6000 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
6001 [
6002 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
6003 repealed.
6004 (5) Section 20A-7-407 is repealed January 1, 2021.
6005 Section 123. Repealer.
6006 This bill repeals:
6007 Section 20A-3-104.5, Voting -- Regular primary election and presidential primary
6008 election.
6009 Section 20A-3-105, Marking and depositing ballots.
6010 Section 20A-3-301, Voting by absentee ballot.
6011 Section 20A-3-303, Form of absentee ballot.
6012 Section 20A-3-304, Application for absentee ballot -- Time for filing and voting.
6013 Section 20A-3-305, Mailing of ballot to voter -- Enclose self-addressed envelope --
6014 Affidavit.
6015 Section 20A-3-306, Voting ballot -- Returning ballot.
6016 Section 20A-3-307, Receipt and processing of absentee ballot.
6017 Section 20A-3-502, Intimidation -- Undue influence.
6018 Section 20A-5-604, Receipt of ballots by poll workers.
6019 Section 20A-6-303, Regular general election -- Ballot sheets.