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31 ▸ repeals outdated provisions; and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