1     
REPEAL OF SINGLE-MARK STRAIGHT TICKET VOTING

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Patrice M. Arent

5     
Senate Sponsor: Curtis S. Bramble

6     Cosponsors:
7     Cheryl K. Acton
8     Melissa G. Ballard
9     Joel K. Briscoe
10     Walt Brooks
11     Jennifer Dailey-Provost
12     Susan Duckworth
13     Craig Hall
14     Suzanne Harrison
15     Jon Hawkins
16     Sandra Hollins
17     Eric K. Hutchings
Dan N. Johnson
Brian S. King
Karen Kwan
Carol Spackman Moss
Merrill F. Nelson
Lee B. Perry
Candice B. Pierucci
Stephanie Pitcher
Marie H. Poulson
Marc K. Roberts
Angela Romero
Rex P. Shipp
Lawanna Shurtliff
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mark A. Wheatley
Mike Winder

18     

19     LONG TITLE
20     General Description:
21          This bill amends provisions of the Election Code relating to the manner by which a
22     voter casts a vote for all candidates from one political party.
23     Highlighted Provisions:
24          This bill:
25          ▸     removes provisions from the Election Code that allow an individual to cast a vote
26     for all candidates from one political party without voting for the candidates
27     individually;

28          ▸     removes provisions relating to straight ticket party voting and scratch voting; and
29          ▸     makes technical and conforming changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a coordination clause.
34     Utah Code Sections Affected:
35     AMENDS:
36          20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
37          20A-3-106, as last amended by Laws of Utah 2019, Chapter 142
38          20A-4-102, as last amended by Laws of Utah 2018, Chapters 187 and 274
39          20A-4-105, as last amended by Laws of Utah 2018, Chapter 187
40          20A-5-302, as last amended by Laws of Utah 2018, Chapter 274
41          20A-6-301, as last amended by Laws of Utah 2018, Chapter 274
42          20A-6-305, as last amended by Laws of Utah 2017, Chapter 275
43          20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
44          63I-2-220, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
45          67-1a-2, as last amended by Laws of Utah 2019, Chapter 165
46     Utah Code Sections Affected by Coordination Clause:
47          20A-3a-206, Renumbered from 20A-3-106, as last amended by Laws of Utah 2019,
48     Chapter 142
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 20A-1-102 is amended to read:
52          20A-1-102. Definitions.
53          As used in this title:
54          (1) "Active voter" means a registered voter who has not been classified as an inactive

55     voter by the county clerk.
56          (2) "Automatic tabulating equipment" means apparatus that automatically examines
57     and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
58          (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
59     upon which a voter records the voter's votes.
60          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
61     envelopes.
62          (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
63          (a) contain the names of offices and candidates and statements of ballot propositions to
64     be voted on; and
65          (b) are used in conjunction with ballot sheets that do not display that information.
66          (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
67     on the ballot for their approval or rejection including:
68          (a) an opinion question specifically authorized by the Legislature;
69          (b) a constitutional amendment;
70          (c) an initiative;
71          (d) a referendum;
72          (e) a bond proposition;
73          (f) a judicial retention question;
74          (g) an incorporation of a city or town; or
75          (h) any other ballot question specifically authorized by the Legislature.
76          (6) "Ballot sheet":
77          (a) means a ballot that:
78          (i) consists of paper or a card where the voter's votes are marked or recorded; and
79          (ii) can be counted using automatic tabulating equipment; and
80          (b) includes punch card ballots and other ballots that are machine-countable.
81          (7) "Bind," "binding," or "bound" means securing more than one piece of paper

82     together with a staple or stitch in at least three places across the top of the paper in the blank
83     space reserved for securing the paper.
84          (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
85     20A-4-306 to canvass election returns.
86          (9) "Bond election" means an election held for the purpose of approving or rejecting
87     the proposed issuance of bonds by a government entity.
88          (10) "Book voter registration form" means voter registration forms contained in a
89     bound book that are used by election officers and registration agents to register persons to vote.
90          (11) "Business reply mail envelope" means an envelope that may be mailed free of
91     charge by the sender.
92          (12) "By-mail voter registration form" means a voter registration form designed to be
93     completed by the voter and mailed to the election officer.
94          (13) "Canvass" means the review of election returns and the official declaration of
95     election results by the board of canvassers.
96          (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
97     the canvass.
98          (15) "Contracting election officer" means an election officer who enters into a contract
99     or interlocal agreement with a provider election officer.
100          (16) "Convention" means the political party convention at which party officers and
101     delegates are selected.
102          (17) "Counting center" means one or more locations selected by the election officer in
103     charge of the election for the automatic counting of ballots.
104          (18) "Counting judge" means a poll worker designated to count the ballots during
105     election day.
106          (19) "Counting room" means a suitable and convenient private place or room,
107     immediately adjoining the place where the election is being held, for use by the poll workers
108     and counting judges to count ballots during election day.

109          (20) "County officers" means those county officers that are required by law to be
110     elected.
111          (21) "Date of the election" or "election day" or "day of the election":
112          (a) means the day that is specified in the calendar year as the day that the election
113     occurs; and
114          (b) does not include:
115          (i) deadlines established for absentee voting; or
116          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
117     Voting.
118          (22) "Elected official" means:
119          (a) a person elected to an office under Section 20A-1-303 or Chapter 1, Part 6,
120     [Election Offenses - Generally;] Municipal Alternate Voting Methods Pilot Project;
121          (b) a person who is considered to be elected to a municipal office in accordance with
122     Subsection 20A-1-206(1)(c)(ii); or
123          (c) a person who is considered to be elected to a local district office in accordance with
124     Subsection 20A-1-206(3)(c)(ii).
125          (23) "Election" means a regular general election, a municipal general election, a
126     statewide special election, a local special election, a regular primary election, a municipal
127     primary election, and a local district election.
128          (24) "Election Assistance Commission" means the commission established by the Help
129     America Vote Act of 2002, Pub. L. No. 107-252.
130          (25) "Election cycle" means the period beginning on the first day persons are eligible to
131     file declarations of candidacy and ending when the canvass is completed.
132          (26) "Election judge" means a poll worker that is assigned to:
133          (a) preside over other poll workers at a polling place;
134          (b) act as the presiding election judge; or
135          (c) serve as a canvassing judge, counting judge, or receiving judge.

136          (27) "Election officer" means:
137          (a) the lieutenant governor, for all statewide ballots and elections;
138          (b) the county clerk for:
139          (i) a county ballot and election; and
140          (ii) a ballot and election as a provider election officer as provided in Section
141     20A-5-400.1 or 20A-5-400.5;
142          (c) the municipal clerk for:
143          (i) a municipal ballot and election; and
144          (ii) a ballot and election as a provider election officer as provided in Section
145     20A-5-400.1 or 20A-5-400.5;
146          (d) the local district clerk or chief executive officer for:
147          (i) a local district ballot and election; and
148          (ii) a ballot and election as a provider election officer as provided in Section
149     20A-5-400.1 or 20A-5-400.5; or
150          (e) the business administrator or superintendent of a school district for:
151          (i) a school district ballot and election; and
152          (ii) a ballot and election as a provider election officer as provided in Section
153     20A-5-400.1 or 20A-5-400.5.
154          (28) "Election official" means any election officer, election judge, or poll worker.
155          (29) "Election results" means:
156          (a) for an election other than a bond election, the count of votes cast in the election and
157     the election returns requested by the board of canvassers; or
158          (b) for bond elections, the count of those votes cast for and against the bond
159     proposition plus any or all of the election returns that the board of canvassers may request.
160          (30) "Election returns" includes the pollbook, the military and overseas absentee voter
161     registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
162     counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition

163     form, and the total votes cast form.
164          (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
165     device or other voting device that records and stores ballot information by electronic means.
166          (32) "Electronic signature" means an electronic sound, symbol, or process attached to
167     or logically associated with a record and executed or adopted by a person with the intent to sign
168     the record.
169          (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
170          (b) "Electronic voting device" includes a direct recording electronic voting device.
171          (34) "Inactive voter" means a registered voter who is listed as inactive by a county
172     clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
173          (35) "Judicial office" means the office filled by any judicial officer.
174          (36) "Judicial officer" means any justice or judge of a court of record or any county
175     court judge.
176          (37) "Local district" means a local government entity under Title 17B, Limited Purpose
177     Local Government Entities - Local Districts, and includes a special service district under Title
178     17D, Chapter 1, Special Service District Act.
179          (38) "Local district officers" means those local district board members that are required
180     by law to be elected.
181          (39) "Local election" means a regular county election, a regular municipal election, a
182     municipal primary election, a local special election, a local district election, and a bond
183     election.
184          (40) "Local political subdivision" means a county, a municipality, a local district, or a
185     local school district.
186          (41) "Local special election" means a special election called by the governing body of a
187     local political subdivision in which all registered voters of the local political subdivision may
188     vote.
189          (42) "Municipal executive" means:

190          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
191          (b) the mayor in the council-manager form of government defined in Subsection
192     10-3b-103(7); or
193          (c) the chair of a metro township form of government defined in Section 10-3b-102.
194          (43) "Municipal general election" means the election held in municipalities and, as
195     applicable, local districts on the first Tuesday after the first Monday in November of each
196     odd-numbered year for the purposes established in Section 20A-1-202.
197          (44) "Municipal legislative body" means:
198          (a) the council of the city or town in any form of municipal government; or
199          (b) the council of a metro township.
200          (45) "Municipal office" means an elective office in a municipality.
201          (46) "Municipal officers" means those municipal officers that are required by law to be
202     elected.
203          (47) "Municipal primary election" means an election held to nominate candidates for
204     municipal office.
205          (48) "Municipality" means a city, town, or metro township.
206          (49) "Official ballot" means the ballots distributed by the election officer to the poll
207     workers to be given to voters to record their votes.
208          (50) "Official endorsement" means:
209          (a) the information on the ballot that identifies:
210          (i) the ballot as an official ballot;
211          (ii) the date of the election; and
212          (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
213     facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
214          (B) for a ballot prepared by a county clerk, the words required by Subsection
215     20A-6-301(1)(b)(iii); and
216          (b) the information on the ballot stub that identifies:

217          (i) the poll worker's initials; and
218          (ii) the ballot number.
219          (51) "Official register" means the official record furnished to election officials by the
220     election officer that contains the information required by Section 20A-5-401.
221          (52) "Paper ballot" means a paper that contains:
222          (a) the names of offices and candidates and statements of ballot propositions to be
223     voted on; and
224          (b) spaces for the voter to record the voter's vote for each office and for or against each
225     ballot proposition.
226          (53) "Political party" means an organization of registered voters that has qualified to
227     participate in an election by meeting the requirements of Chapter 8, Political Party Formation
228     and Procedures.
229          (54) (a) "Poll worker" means a person assigned by an election official to assist with an
230     election, voting, or counting votes.
231          (b) "Poll worker" includes election judges.
232          (c) "Poll worker" does not include a watcher.
233          (55) "Pollbook" means a record of the names of voters in the order that they appear to
234     cast votes.
235          (56) "Polling place" means the building where voting is conducted.
236          (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
237     in which the voter marks the voter's choice.
238          (58) "Presidential Primary Election" means the election established in Chapter 9, Part
239     8, Presidential Primary Election.
240          (59) "Primary convention" means the political party conventions held during the year
241     of the regular general election.
242          (60) "Protective counter" means a separate counter, which cannot be reset, that:
243          (a) is built into a voting machine; and

244          (b) records the total number of movements of the operating lever.
245          (61) "Provider election officer" means an election officer who enters into a contract or
246     interlocal agreement with a contracting election officer to conduct an election for the
247     contracting election officer's local political subdivision in accordance with Section
248     20A-5-400.1.
249          (62) "Provisional ballot" means a ballot voted provisionally by a person:
250          (a) whose name is not listed on the official register at the polling place;
251          (b) whose legal right to vote is challenged as provided in this title; or
252          (c) whose identity was not sufficiently established by a poll worker.
253          (63) "Provisional ballot envelope" means an envelope printed in the form required by
254     Section 20A-6-105 that is used to identify provisional ballots and to provide information to
255     verify a person's legal right to vote.
256          (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
257     duties of the position for which the person was elected.
258          (65) "Receiving judge" means the poll worker that checks the voter's name in the
259     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
260     after the voter has voted.
261          (66) "Registration form" means a book voter registration form and a by-mail voter
262     registration form.
263          (67) "Regular ballot" means a ballot that is not a provisional ballot.
264          (68) "Regular general election" means the election held throughout the state on the first
265     Tuesday after the first Monday in November of each even-numbered year for the purposes
266     established in Section 20A-1-201.
267          (69) "Regular primary election" means the election, held on the date specified in
268     Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
269     local school board positions to advance to the regular general election.
270          (70) "Resident" means a person who resides within a specific voting precinct in Utah.

271          (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
272     and distributed as provided in Section 20A-5-405.
273          [(72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
274     punch the ballot for one or more candidates who are members of different political parties or
275     who are unaffiliated.]
276          [(73)] (72) "Secrecy envelope" means the envelope given to a voter along with the
277     ballot into which the voter places the ballot after the voter has voted it in order to preserve the
278     secrecy of the voter's vote.
279          [(74)] (73) "Special election" means an election held as authorized by Section
280     20A-1-203.
281          [(75)] (74) "Spoiled ballot" means each ballot that:
282          (a) is spoiled by the voter;
283          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
284          (c) lacks the official endorsement.
285          [(76)] (75) "Statewide special election" means a special election called by the governor
286     or the Legislature in which all registered voters in Utah may vote.
287          [(77)] (76) "Stub" means the detachable part of each ballot.
288          [(78)] (77) "Substitute ballots" means replacement ballots provided by an election
289     officer to the poll workers when the official ballots are lost or stolen.
290          [(79)] (78) "Ticket" means a list of:
291          (a) political parties;
292          (b) candidates for an office; or
293          (c) ballot propositions.
294          [(80)] (79) "Transfer case" means the sealed box used to transport voted ballots to the
295     counting center.
296          [(81)] (80) "Vacancy" means the absence of a person to serve in any position created
297     by statute, whether that absence occurs because of death, disability, disqualification,

298     resignation, or other cause.
299          [(82)] (81) "Valid voter identification" means:
300          (a) a form of identification that bears the name and photograph of the voter which may
301     include:
302          (i) a currently valid Utah driver license;
303          (ii) a currently valid identification card that is issued by:
304          (A) the state; or
305          (B) a branch, department, or agency of the United States;
306          (iii) a currently valid Utah permit to carry a concealed weapon;
307          (iv) a currently valid United States passport; or
308          (v) a currently valid United States military identification card;
309          (b) one of the following identification cards, whether or not the card includes a
310     photograph of the voter:
311          (i) a valid tribal identification card;
312          (ii) a Bureau of Indian Affairs card; or
313          (iii) a tribal treaty card; or
314          (c) two forms of identification not listed under Subsection [(82)] (81)(a) or (b) but that
315     bear the name of the voter and provide evidence that the voter resides in the voting precinct,
316     which may include:
317          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
318     election;
319          (ii) a bank or other financial account statement, or a legible copy thereof;
320          (iii) a certified birth certificate;
321          (iv) a valid social security card;
322          (v) a check issued by the state or the federal government or a legible copy thereof;
323          (vi) a paycheck from the voter's employer, or a legible copy thereof;
324          (vii) a currently valid Utah hunting or fishing license;

325          (viii) certified naturalization documentation;
326          (ix) a currently valid license issued by an authorized agency of the United States;
327          (x) a certified copy of court records showing the voter's adoption or name change;
328          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
329          (xii) a currently valid identification card issued by:
330          (A) a local government within the state;
331          (B) an employer for an employee; or
332          (C) a college, university, technical school, or professional school located within the
333     state; or
334          (xiii) a current Utah vehicle registration.
335          [(83)] (82) "Valid write-in candidate" means a candidate who has qualified as a
336     write-in candidate by following the procedures and requirements of this title.
337          [(84)] (83) "Voter" means a person who:
338          (a) meets the requirements for voting in an election;
339          (b) meets the requirements of election registration;
340          (c) is registered to vote; and
341          (d) is listed in the official register book.
342          [(85)] (84) "Voter registration deadline" means the registration deadline provided in
343     Section 20A-2-102.5.
344          [(86)] (85) "Voting area" means the area within six feet of the voting booths, voting
345     machines, and ballot box.
346          [(87)] (86) "Voting booth" means:
347          (a) the space or compartment within a polling place that is provided for the preparation
348     of ballots, including the voting machine enclosure or curtain; or
349          (b) a voting device that is free standing.
350          [(88)] (87) "Voting device" means:
351          (a) an apparatus in which ballot sheets are used in connection with a punch device for

352     piercing the ballots by the voter;
353          (b) a device for marking the ballots with ink or another substance;
354          (c) an electronic voting device or other device used to make selections and cast a ballot
355     electronically, or any component thereof;
356          (d) an automated voting system under Section 20A-5-302; or
357          (e) any other method for recording votes on ballots so that the ballot may be tabulated
358     by means of automatic tabulating equipment.
359          [(89)] (88) "Voting machine" means a machine designed for the sole purpose of
360     recording and tabulating votes cast by voters at an election.
361          [(90)] (89) "Voting precinct" means the smallest voting unit established as provided by
362     law within which qualified voters vote at one polling place.
363          [(91)] (90) "Watcher" means an individual who complies with the requirements
364     described in Section 20A-3-201 to become a watcher for an election.
365          [(92)] (91) "Write-in ballot" means a ballot containing any write-in votes.
366          [(93)] (92) "Write-in vote" means a vote cast for a person whose name is not printed on
367     the ballot according to the procedures established in this title.
368          Section 2. Section 20A-3-106 is amended to read:
369          20A-3-106. Writing in names -- Effect of unnecessary marking of cross.
370          [(1) When voting a paper ballot, any voter desiring to vote for all the candidates who
371     are listed on the ballot as being from any one registered political party may:]
372          [(a) mark in the circle or position above that political party;]
373          [(b) mark in the squares or position opposite the names of all candidates for that party
374     ticket; or]
375          [(c) make both markings.]
376          [(2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates
377     who are listed on the ballot as being from any one registered political party may:]
378          [(i) mark the selected party on the straight party page or section; or]

379          [(ii) mark the name of each candidate from that party.]
380          [(b) To vote for candidates from two or more political parties, the voter may:]
381          [(i) mark in the squares or positions opposite the names of the candidates for whom the
382     voter wishes to vote without marking in any circle; or]
383          [(ii) indicate the voter's choice by:]
384          [(A) marking in the circle or position above one political party; and]
385          [(B) marking in the squares or positions opposite the names of desired candidates who
386     are members of any party, are unaffiliated, or are listed without party name.]
387          [(3) (a) When voting an electronic ballot, any voter desiring to vote for all the
388     candidates who are listed on the ballot as being from any one registered political party may:]
389          [(i) select that party on the straight party selection area; or]
390          [(ii) select the name of each candidate from that party.]
391          [(b) To vote for candidates from two or more political parties, the voter may:]
392          [(i) select the names of the candidates for whom the voter wishes to vote without
393     selecting a political party in the straight party selection area; or]
394          [(ii) (A) select a political party in the straight party selection area; and]
395          [(B) select the names of the candidates for whom the voter wishes to vote who are
396     members of any party, are unaffiliated, or are listed without party name.]
397          [(4) In any election other than a primary election, if a voter voting a ballot has selected
398     or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
399     for a person on another party ticket for an office, or for an unaffiliated candidate, the voter shall
400     select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.]
401          [(5)] (1) (a) [The] A voter may cast a write-in vote on a paper ballot or ballot sheet by
402     writing the name of a valid write-in candidate in the blank write-in section of the ballot.
403          (b) A voter may not cast a write-in vote on a paper ballot or ballot sheet by affixing a
404     sticker or label with the name of a write-in candidate in the blank write-in section of the ballot.
405          [(6)] (2) [The] A voter may cast a write-in vote on an electronic ballot by:

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

433          (d) When the ballots in the ballot box equal the number of names entered in the
434     pollbook, the judges shall count the votes.
435          (3) The judges shall:
436          (a) place all unused ballots in the envelope or container provided for return to the
437     county clerk or city recorder; and
438          (b) seal that envelope or container.
439          (4) The judges shall:
440          (a) place all of the provisional ballot envelopes in the envelope provided for them for
441     return to the election officer; and
442          (b) seal that envelope or container.
443          (5) (a) In counting the votes, the election judges shall read and count each ballot
444     separately.
445          (b) In regular primary elections the judges shall:
446          (i) count the number of ballots cast for each party;
447          (ii) place the ballots cast for each party in separate piles; and
448          (iii) count all the ballots for one party before beginning to count the ballots cast for
449     other parties.
450          (6) (a) In all elections, the counting judges shall, except as provided in [Title 20A,
451     Chapter 4,] Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under
452     Subsection 20A-4-101(2)(f)(i):
453          (i) count one vote for each candidate designated by the marks in the squares next to the
454     candidate's name;
455          [(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
456     any candidate for an office for which a vote has been cast for a candidate for the same office
457     upon another ticket by the placing of a mark in the square opposite the name of that candidate
458     on the other ticket;]
459          [(iii)] (ii) count each vote for each write-in candidate who has qualified by filing a

460     declaration of candidacy under Section 20A-9-601;
461          [(iv)] (iii) read every name marked on the ballot and mark every name upon the tally
462     sheets before another ballot is counted;
463          [(v)] (iv) evaluate each ballot and each vote based on the standards and requirements of
464     Section 20A-4-105;
465          [(vi)] (v) write the word "spoiled" on the back of each ballot that lacks the official
466     endorsement and deposit it in the spoiled ballot envelope; and
467          [(vii)] (vi) read, count, and record upon the tally sheets the votes that each candidate
468     and ballot proposition received from all ballots, except excess or spoiled ballots.
469          (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
470     persons clearly not eligible to qualify for office.
471          (c) The judges shall certify to the accuracy and completeness of the tally list in the
472     space provided on the tally list.
473          (d) When the judges have counted all of the voted ballots, they shall record the results
474     on the total votes cast form.
475          (7) Only an election judge and a watcher may be present at the place where counting is
476     conducted until the count is completed.
477          Section 4. Section 20A-4-105 is amended to read:
478          20A-4-105. Standards and requirements for evaluating voter's ballot choice.
479          (1) (a) An election officer shall ensure that when a question arises regarding a vote
480     recorded on a paper ballot, two counting judges jointly adjudicate the ballot, except as
481     otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal Alternate Voting Methods
482     Pilot Project, in accordance with the requirements of this section.
483          (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
484     is adjudicated under this section, the counting judges may not count the vote.
485          (2) Except as provided in Subsection [(11)] (10), Subsection 20A-3-105(5), or [Title
486     20A, Chapter 4,] Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter marks

487     more names than there are individuals to be elected to an office, or if the counting judges
488     cannot determine a voter's choice for an office, the counting judges may not count the voter's
489     vote for that office.
490          (3) Except as otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal Alternate
491     Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark
492     on a paper ballot if:
493          (a) the defective or incomplete mark is in the proper place; and
494          (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
495     other than as indicated by the incomplete or defective mark.
496          [(4) (a) When a voter has marked a ballot so that it appears that the voter has voted
497     more than one straight ticket, the counting judges may not count any votes on the ballot for
498     party candidates.]
499          [(b) The counting judges shall count the remainder of the ballot if the remainder of the
500     ballot is voted correctly.]
501          [(5)] (4) Except as otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal
502     Alternate Voting Methods Pilot Project, the counting judges may not reject a ballot marked by
503     the voter because of marks on the ballot other than those marks allowed by this section unless
504     the extraneous marks on a ballot show an intent by an individual to mark the individual's ballot
505     so that the individual's ballot can be identified.
506          [(6)] (5) (a) In counting the ballots, the counting judges shall give full consideration to
507     the intent of the voter.
508          (b) The counting judges may not invalidate a ballot because of mechanical or technical
509     defects in voting or failure on the part of the voter to follow strictly the rules for balloting
510     required by Chapter 3, Voting.
511          [(7)] (6) The counting judges may not reject a ballot because of an error in:
512          (a) stamping or writing an official endorsement; or
513          (b) delivering the wrong ballots to a polling place.

514          [(8)] (7) The counting judges may not count a paper ballot that does not have the
515     official endorsement by an election officer.
516          [(9)] (8) The counting judges may not count a ballot proposition vote or candidate vote
517     for which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
518          [(10)] (9) If the counting judges discover that the name of a candidate is misspelled on
519     a ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
520     or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
521     apparent that the voter intended to vote for the candidate.
522          [(11)] (10) The counting judges shall count a vote for the president and the vice
523     president of any political party as a vote for the presidential electors selected by the political
524     party.
525          [(12)] (11) Except as otherwise provided in [Title 20A, Chapter 4,] Part 6, Municipal
526     Alternate Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a
527     valid write-in vote, a voter has cast more votes for an office than that voter is entitled to vote
528     for that office, the counting judges shall count the valid write-in vote as being the obvious
529     intent of the voter.
530          Section 5. Section 20A-5-302 is amended to read:
531          20A-5-302. Automated voting system.
532          (1) (a) Any county or municipal legislative body or local district board may:
533          (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
534     automated voting system that meets the requirements of this section; and
535          (ii) use that system in any election, in all or a part of the voting precincts within its
536     boundaries, or in combination with paper ballots.
537          (b) Nothing in this title shall be construed to require the use of electronic voting
538     devices in local special elections, municipal primary elections, or municipal general elections.
539          (2) [(a)] Each automated voting system shall:
540          [(i)] (a) provide for voting in secrecy, except in the case of voters who have received

541     assistance as authorized by Section 20A-3-108;
542          [(ii)] (b) permit each voter at any election to:
543          [(A)] (i) vote for all persons and offices for whom and for which that voter is lawfully
544     entitled to vote;
545          [(B)] (ii) vote for as many persons for an office as that voter is entitled to vote; and
546          [(C)] (iii) vote for or against any ballot proposition upon which that voter is entitled to
547     vote;
548          [(iii)] (c) permit each voter, at presidential elections, by one mark or punch to vote for
549     the candidates of that party for president, vice president, and for their presidential electors;
550          [(iv) permit each voter, at any regular general election, to vote for all the candidates of
551     one registered political party by making one mark or punch;]
552          [(v) permit each voter to scratch vote;]
553          [(vi)] (d) at elections other than primary elections, permit each voter to vote for the
554     nominees of one or more parties and for independent candidates;
555          [(vii)] (e) at primary elections:
556          [(A)] (i) permit each voter to vote for candidates of the political party of the voter's
557     choice; and
558          [(B)] (ii) reject any votes cast for candidates of another party;
559          [(viii)] (f) prevent the voter from voting for the same person more than once for the
560     same office;
561          [(ix)] (g) provide the opportunity for each voter to change the ballot and to correct any
562     error before the voter casts the ballot in compliance with the Help America Vote Act of 2002,
563     Pub. L. No. 107-252;
564          [(x)] (h) include automatic tabulating equipment that rejects choices recorded on a
565     voter's ballot if the number of the voter's recorded choices is greater than the number which the
566     voter is entitled to vote for the office or on the measure;
567          [(xi)] (i) be of durable construction, suitably designed so that it may be used safely,

568     efficiently, and accurately in the conduct of elections and counting ballots;
569          [(xii)] (j) when properly operated, record correctly and count accurately each vote cast;
570          [(xiii)] (k) for voting equipment certified after January 1, 2005, produce a permanent
571     paper record that:
572          [(A)] (i) shall be available as an official record for any recount or election contest
573     conducted with respect to an election where the voting equipment is used;
574          [(B) (I)] (ii) (A) shall be available for the voter's inspection prior to the voter leaving
575     the polling place; and
576          [(II)] (B) shall permit the voter to inspect the record of the voter's selections
577     independently only if reasonably practicable commercial methods permitting independent
578     inspection are available at the time of certification of the voting equipment by the lieutenant
579     governor;
580          [(C)] (iii) shall include, at a minimum, human readable printing that shows a record of
581     the voter's selections;
582          [(D)] (iv) may also include machine readable printing which may be the same as the
583     human readable printing; and
584          [(E)] (v) allows a watcher to observe the election process to ensure the integrity of the
585     election process; and
586          [(xiv)] (l) meet the requirements of Section 20A-5-802.
587          [(b)] (3) For the purposes of a recount or an election contest, if the permanent paper
588     record contains a conflict or inconsistency between the human readable printing and the
589     machine readable printing, the human readable printing shall supercede the machine readable
590     printing when determining the intent of the voter.
591          [(c)] (4) Notwithstanding any other provisions of this section, the election officers shall
592     ensure that the ballots to be counted by means of electronic or electromechanical devices are of
593     a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
594     for use in the counting devices in which they are intended to be placed.

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

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

649     that:
650          (a) the designation of the office to be filled in the election and the number of
651     candidates to be elected are printed in type not smaller than eight point;
652          (b) the words designating the office are printed flush with the left-hand margin;
653          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
654     which the voter may vote)" extend to the extreme right of the column;
655          (d) the nonpartisan candidates are grouped according to the office for which they are
656     candidates;
657          (e) the names in each group are placed in the order specified under Section 20A-6-305
658     with the surnames last; and
659          (f) each group is preceded by the designation of the office for which the candidates
660     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
661     candidates for which the voter may vote)," according to the number to be elected.
662          (4) Each election officer shall ensure that:
663          (a) proposed amendments to the Utah Constitution are listed on the ballot in
664     accordance with Section 20A-6-107;
665          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
666     with Section 20A-6-107; and
667          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
668     title assigned to each bond proposition under Section 11-14-206.
669          Section 7. Section 20A-6-305 is amended to read:
670          20A-6-305. Master ballot position list -- Random selection -- Procedures --
671     Publication -- Surname -- Exemptions -- Ballot order.
672          (1) As used in this section, "master ballot position list" means an official list of the 26
673     characters in the alphabet listed in random order and numbered from one to 26 as provided
674     under Subsection (2).
675          (2) The lieutenant governor shall:

676          (a) within 30 days after the candidate filing deadline in each even-numbered year,
677     conduct a random selection to create a master ballot position list for all elections in accordance
678     with procedures established under Subsection (2)(c);
679          (b) publish the master ballot position list on the lieutenant governor's election website
680     no later than 15 days after creating the list; and
681          (c) establish written procedures for:
682          (i) the election official to use the master ballot position list; and
683          (ii) the lieutenant governor in:
684          (A) conducting the random selection in a fair manner; and
685          (B) providing a record of the random selection process used.
686          (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
687     election officer shall use the master ballot position list for the current year to determine the
688     order in which to list candidates on the ballot for an election held during the year.
689          (4) To determine the order in which to list candidates on the ballot required under
690     Subsection (3), the election officer shall apply the randomized alphabet using:
691          (a) the candidate's surname;
692          (b) for candidates with a surname that has the same spelling, the candidate's given
693     name; and
694          (c) the surname of the president and the surname of the governor for an election for the
695     offices of president and vice president and governor and lieutenant governor[; and].
696          [(d) if the ballot provides for a ticket or a straight party ticket, the registered political
697     party name.]
698          (5) Subsections (1) through (4) do not apply to:
699          (a) an election for an office for which only one candidate is listed on the ballot; or
700          (b) a judicial retention election under Section 20A-12-201.
701          (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
702     appear separately, in the following order:

703          [(a) a straight party ticket, where the voter may, with one mark, vote for all candidates
704     of one political party;]
705          [(b)] (a) for federal office:
706          (i) president and vice president of the United States;
707          (ii) United States Senate office; and
708          (iii) United States House of Representatives office;
709          [(c)] (b) for state office:
710          (i) governor and lieutenant governor;
711          (ii) attorney general;
712          (iii) state auditor;
713          (iv) state treasurer;
714          (v) state Senate office;
715          (vi) state House of Representatives office; and
716          (vii) State Board of Education member;
717          [(d)] (c) for county office:
718          (i) county executive office;
719          (ii) county legislative body member;
720          (iii) county assessor;
721          (iv) county or district attorney;
722          (v) county auditor;
723          (vi) county clerk;
724          (vii) county recorder;
725          (viii) county sheriff;
726          (ix) county surveyor;
727          (x) county treasurer; and
728          (xi) local school board member;
729          [(e)] (d) for municipal office:

730          (i) mayor; and
731          (ii) city or town council member;
732          [(f)] (e) elected planning and service district council member;
733          [(g)] (f) judicial retention questions; and
734          [(h)] (g) ballot propositions not described in Subsection (6)[(g)](f).
735          (7) (a) A ticket for a race for a combined office shall appear on the ballot in the place
736     of the earliest ballot ticket position that is reserved for an office that is subsumed in the
737     combined office.
738          (b) Each ticket, other than a ticket described in Subsection (6)[(g)](f), shall list:
739          (i) each candidate in accordance with Subsections (1) through (4); and
740          (ii) except as otherwise provided in this title, the party name, initials, or title following
741     each candidate's name.
742          Section 8. Section 20A-9-406 is amended to read:
743          20A-9-406. Qualified political party -- Requirements and exemptions.
744          The following provisions apply to a qualified political party:
745          (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
746     odd-numbered year, certify to the lieutenant governor the identity of one or more registered
747     political parties whose members may vote for the qualified political party's candidates and
748     whether unaffiliated voters may vote for the qualified political party's candidates;
749          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
750     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
751     political party;
752          (3) an individual may only seek the nomination of the qualified political party by using
753     a method described in Section 20A-9-407, Section 20A-9-408, or both;
754          (4) the qualified political party shall comply with the provisions of Sections
755     20A-9-407, 20A-9-408, and 20A-9-409;
756          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)[(f)](e), or (2)(a), each election

757     officer shall ensure that a ballot described in Section 20A-6-301 includes each individual
758     nominated by a qualified political party:
759          (a) under the qualified political party's name , if any; or
760          (b) under the title of the qualified registered political party as designated by the
761     qualified political party in the certification described in Subsection (1), or, if none is
762     designated, then under some suitable title;
763          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
764     paper ballots in regular general elections, that each candidate who is nominated by the qualified
765     political party is listed by party;
766          (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
767     the party designation of each candidate who is nominated by the qualified political party is
768     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
769          (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
770     the party designation of each candidate who is nominated by the qualified political party is
771     displayed adjacent to the candidate's name on an electronic ballot;
772          (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
773     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
774     20A-9-408 to run in a regular general election for a federal office, constitutional office,
775     multicounty office, or county office;
776          (10) an individual who is nominated by, or seeking the nomination of, the qualified
777     political party is not required to comply with Subsection 20A-9-201(1)(c);
778          (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
779     to have each of the qualified political party's candidates for elective office appear on the
780     primary ballot of the qualified political party with an indication that each candidate is a
781     candidate for the qualified political party;
782          (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
783     on the list provided by the lieutenant governor to the county clerks:

784          (a) the names of all candidates of the qualified political party for federal, constitutional,
785     multicounty, and county offices; and
786          (b) the names of unopposed candidates for elective office who have been nominated by
787     the qualified political party and instruct the county clerks to exclude such candidates from the
788     primary-election ballot;
789          (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
790     elective office in the regular primary election of the qualified political party is nominated by
791     the party for that office without appearing on the primary ballot; and
792          (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
793     20A-9-405, the qualified political party is entitled to have the names of its candidates for
794     elective office featured with party affiliation on the ballot at a regular general election.
795          Section 9. Section 63I-2-220 is amended to read:
796          63I-2-220. Repeal dates -- Title 20A.
797          (1) On January 1, 2021:
798          (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
799     Subsection (4)," is repealed.
800          (b) Subsection 20A-1-201.5(4) is repealed.
801          (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
802     following:
803          "(i) the fourth Tuesday in June; or
804          (ii) the first Tuesday after the first Monday in November.".
805          (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
806     20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
807     20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
808          (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
809          "(b) Unless expressly provided otherwise in this title, for a registered political party
810     that is not a qualified political party, the deadline for filing a declaration of candidacy for an

811     elective office that is to be filled at the next regular general election is 5 p.m. on the first
812     Monday after the third Saturday in April.";
813          (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
814          "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
815     the third Saturday in April.".
816          (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
817          (3) Section 20A-5-804 is repealed July 1, 2023.
818          (4) On January 1, 2026:
819          (a) In Subsection 20A-1-102(22)(a), the language that states "or Title 20A, Chapter 4,
820     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
821          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
822     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
823     repealed.
824          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
825     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
826     Pilot Project," is repealed.
827          (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
828     Subsection (5)," is repealed.
829          (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
830     as provided in Subsections (5) and (6)," is repealed.
831          (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
832     "Subject to Subsection (5)," is repealed.
833          (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
834     20A-3-105 are renumbered accordingly.
835          (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
836     Subsection (2)(f)," is repealed.
837          (i) Subsection 20A-4-101(2)(f) is repealed.

838          (j) Subsection 20A-4-101(3) is repealed and replaced with the following:
839          "(3) To resolve questions that arise during the counting of ballots, a counting judge
840     shall apply the standards and requirements of Section 20A-4-105.".
841          (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
842     Subsection 20A-4-101(2)(f)(i)" is repealed.
843          (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
844          "(b) To resolve questions that arise during the counting of ballots, a counting judge
845     shall apply the standards and requirements of Section 20A-4-105.".
846          (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
847     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
848     under Subsection 20A-4-101(2)(f)(i)" is repealed.
849          (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
850     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
851     repealed.
852          (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
853     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
854          (p) In Subsections 20A-4-105(3), [(5)] (4), and [(12)] (11), the language that states
855     "Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
856     Methods Pilot Project," is repealed.
857          (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
858     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
859          (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
860     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
861          (s) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
862          "(v) from each voting precinct:
863          (A) the number of votes for each candidate; and
864          (B) the number of votes for and against each ballot proposition;".

865          (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
866     are renumbered accordingly, and the cross-references to those subsections are renumbered
867     accordingly.
868          (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
869     repealed.
870          (v) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
871     subdivision to conduct an election, is repealed.
872          (w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
873     Subsection (3) are renumbered accordingly.
874          (x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
875     Subsection (4) are renumbered accordingly.
876          (y) In Section 20A-5-802, relating to the certification of voting equipment:
877          (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
878     Subsection (2); and
879          (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
880     accordingly.
881          (z) Section 20A-6-203.5 is repealed.
882          (aa) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
883     otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
884     Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
885          (bb) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
886     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
887          (cc) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
888     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
889          (dd) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
890     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
891          (ee) In Subsection 20A-9-404(2), the language that states "Except as otherwise

892     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
893     repealed.
894          (5) Section 20A-7-407 is repealed January 1, 2021.
895          Section 10. Section 67-1a-2 is amended to read:
896          67-1a-2. Duties enumerated.
897          (1) The lieutenant governor shall:
898          (a) perform duties delegated by the governor, including assignments to serve in any of
899     the following capacities:
900          (i) as the head of any one department, if so qualified, with the consent of the Senate,
901     and, upon appointment at the pleasure of the governor and without additional compensation;
902          (ii) as the chairperson of any cabinet group organized by the governor or authorized by
903     law for the purpose of advising the governor or coordinating intergovernmental or
904     interdepartmental policies or programs;
905          (iii) as liaison between the governor and the state Legislature to coordinate and
906     facilitate the governor's programs and budget requests;
907          (iv) as liaison between the governor and other officials of local, state, federal, and
908     international governments or any other political entities to coordinate, facilitate, and protect the
909     interests of the state;
910          (v) as personal advisor to the governor, including advice on policies, programs,
911     administrative and personnel matters, and fiscal or budgetary matters; and
912          (vi) as chairperson or member of any temporary or permanent boards, councils,
913     commissions, committees, task forces, or other group appointed by the governor;
914          (b) serve on all boards and commissions in lieu of the governor, whenever so
915     designated by the governor;
916          (c) serve as the chief election officer of the state as required by Subsection (2);
917          (d) keep custody of the Great Seal of Utah;
918          (e) keep a register of, and attest, the official acts of the governor;

919          (f) affix the Great Seal, with an attestation, to all official documents and instruments to
920     which the official signature of the governor is required; and
921          (g) furnish a certified copy of all or any part of any law, record, or other instrument
922     filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
923     it and pays the fee.
924          (2) (a) As the chief election officer, the lieutenant governor shall:
925          (i) exercise general supervisory authority over all elections;
926          (ii) exercise direct authority over the conduct of elections for federal, state, and
927     multicounty officers and statewide or multicounty ballot propositions and any recounts
928     involving those races;
929          (iii) assist county clerks in unifying the election ballot;
930          (iv) (A) prepare election information for the public as required by statute and as
931     determined appropriate by the lieutenant governor; and
932          (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
933     news media on the Internet and in other forms as required by statute or as determined
934     appropriate by the lieutenant governor;
935          (v) receive and answer election questions and maintain an election file on opinions
936     received from the attorney general;
937          (vi) maintain a current list of registered political parties as defined in Section
938     20A-8-101;
939          (vii) maintain election returns and statistics;
940          (viii) certify to the governor the names of those persons who have received the highest
941     number of votes for any office;
942          (ix) ensure that all voting equipment purchased by the state complies with the
943     requirements of [Subsection] Sections 20A-5-302[(2) and Sections], 20A-5-802, and
944     20A-5-803;
945          (x) conduct the study described in Section 67-1a-14;

946          (xi) during a declared emergency, to the extent that the lieutenant governor determines
947     it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
948     relating to:
949          (A) voting on election day;
950          (B) early voting;
951          (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
952          (D) the counting of an absentee ballot or military-overseas ballot; or
953          (E) the canvassing of election returns; and
954          (xii) perform other election duties as provided in Title 20A, Election Code.
955          (b) As chief election officer, the lieutenant governor may not assume the
956     responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
957     officials by Title 20A, Election Code.
958          (3) (a) The lieutenant governor shall:
959          (i) determine a new municipality's classification under Section 10-2-301 upon the city's
960     incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
961     municipality's population using the population estimate from the Utah Population Committee;
962     and
963          (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
964     based on the municipality's population; and
965          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
966     municipality's legislative body.
967          (b) The lieutenant governor shall:
968          (i) determine the classification under Section 10-2-301 of a consolidated municipality
969     upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
970     Consolidation of Municipalities, using population information from:
971          (A) each official census or census estimate of the United States Bureau of the Census;
972     or

973          (B) the population estimate from the Utah Population Committee, if the population of a
974     municipality is not available from the United States Bureau of the Census; and
975          (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
976     belongs based on the municipality's population; and
977          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
978     consolidated municipality's legislative body.
979          (c) The lieutenant governor shall:
980          (i) determine a new metro township's classification under Section 10-2-301.5 upon the
981     metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
982     Townships and Unincorporated Islands in a County of the First Class on and after May 12,
983     2015, based on the metro township's population using the population estimates from the Utah
984     Population Committee; and
985          (ii) prepare a certificate indicating the class in which the new metro township belongs
986     based on the metro township's population and, within 10 days after preparing the certificate,
987     deliver a copy of the certificate to the metro township's legislative body.
988          (d) The lieutenant governor shall monitor the population of each municipality using
989     population information from:
990          (i) each official census or census estimate of the United States Bureau of the Census; or
991          (ii) the population estimate from the Utah Population Committee, if the population of a
992     municipality is not available from the United States Bureau of the Census.
993          (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
994     municipality's population has increased beyond the population for its current class, the
995     lieutenant governor shall:
996          (i) prepare a certificate indicating the class in which the municipality belongs based on
997     the increased population figure; and
998          (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
999     legislative body of the municipality whose class has changed.

1000          (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
1001     municipality's population has decreased below the population for its current class, the
1002     lieutenant governor shall send written notification of that fact to the municipality's legislative
1003     body.
1004          (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
1005     population has decreased below the population for its current class, the lieutenant governor
1006     shall:
1007          (A) prepare a certificate indicating the class in which the municipality belongs based
1008     on the decreased population figure; and
1009          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1010     legislative body of the municipality whose class has changed.
1011          Section 11. Coordinating H.B. 70 with H.B. 36 -- Substantive and technical
1012     amendments.
1013          If this H.B. 70 and H.B. 36, Election Amendments, both pass and become law, it is the
1014     intent of the Legislature that the Office of Legislative Research and General Counsel shall
1015     prepare the Utah Code database for publication by renumbering and amending Section
1016     20A-3-106 to Section 20A-3a-206, to read:
1017          "[20A-3-106.] 20A-3a-206. [Voting straight ticket -- Splitting ballot --] Writing in
1018     names -- Effect of unnecessary marking of cross.
1019          [(1) When voting a paper ballot, any voter desiring to vote for all the candidates who
1020     are listed on the ballot as being from any one registered political party may:]
1021          [(a) mark in the circle or position above that political party;]
1022          [(b) mark in the squares or position opposite the names of all candidates for that party
1023     ticket; or]
1024          [(c) make both markings.]
1025          [(2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates
1026     who are listed on the ballot as being from any one registered political party may:]

1027          [(i) mark the selected party on the straight party page or section; or]
1028          [(ii) mark the name of each candidate from that party.]
1029          [(b) To vote for candidates from two or more political parties, the voter may:]
1030          [(i) mark in the squares or positions opposite the names of the candidates for whom the
1031     voter wishes to vote without marking in any circle; or]
1032          [(ii) indicate the voter's choice by:]
1033          [(A) marking in the circle or position above one political party; and]
1034          [(B) marking in the squares or positions opposite the names of desired candidates who
1035     are members of any party, are unaffiliated, or are listed without party name.]
1036          [(3) (a) When voting an electronic ballot, any voter desiring to vote for all the
1037     candidates who are listed on the ballot as being from any one registered political party may:]
1038          [(i) select that party on the straight party selection area; or]
1039          [(ii) select the name of each candidate from that party.]
1040          [(b) To vote for candidates from two or more political parties, the voter may:]
1041          [(i) select the names of the candidates for whom the voter wishes to vote without
1042     selecting a political party in the straight party selection area; or]
1043          [(ii) (A) select a political party in the straight party selection area; and]
1044          [(B) select the names of the candidates for whom the voter wishes to vote who are
1045     members of any party, are unaffiliated, or are listed without party name.]
1046          [(4) In any election other than a primary election, if a voter voting a ballot has selected
1047     or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
1048     for a person on another party ticket for an office, or for an unaffiliated candidate, the voter shall
1049     select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.]
1050          [(5)] (1) (a) [The] A voter may cast a write-in vote on a [paper ballot or ballot sheet]
1051     manual ballot by writing the name of a valid write-in candidate in the blank write-in section of
1052     the ballot.
1053          (b) A voter may not cast a write-in vote on a [paper ballot or ballot sheet] manual

1054     ballot by affixing a sticker or label with the name of a write-in candidate in the blank write-in
1055     section of the ballot.
1056          [(6)] (2) [The] A voter may cast a write-in vote on [an electronic] a mechanical ballot
1057     by:
1058          (a) marking the appropriate position opposite the area for entering a write-in candidate
1059     for the office sought by the candidate for whom the voter wishes to vote; and
1060          (b) entering the name of a valid write-in candidate in the write-in selection area.".