1     
ELECTION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Suzanne Harrison

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     Committee Note:
9          The Government Operations Interim Committee recommended this bill.
10               Legislative Vote:     11 voting for     0 voting against     5 absent
11     General Description:
12          This bill modifies the Election Code to reflect current practices and technology in
13     elections.
14     Highlighted Provisions:
15          This bill:
16          ▸     modifies and defines terms;
17          ▸     addresses types, forms, disposition, and counting of ballots;
18          ▸     addresses the completion, security, verification, handling, and storage of ballots,
19     forms, and other items used in elections;
20          ▸     replaces state absentee ballots with mailed ballots;
21          ▸     provides for emergency ballots;
22          ▸     modifies the duties of election officers, other government officers, and governing
23     bodies in relation to elections;
24          ▸     modifies criminal provisions relating to elections;
25          ▸     modifies and standardizes voter registration deadlines;
26          ▸     modifies voter registration forms, requirements, and procedures;
27          ▸     recodifies and amends voting requirements and procedures;

28          ▸     modifies electioneering restrictions;
29          ▸     modifies provisions relating to appointing poll workers and the functions of poll
30     workers;
31          ▸     modifies voter eligibility challenge provisions;
32          ▸     amends provisions relating to a board of canvassers;
33          ▸     addresses ballot drop boxes;
34          ▸     repeals outdated provisions; and
35          ▸     makes technical and conforming changes.
36     Money Appropriated in this Bill:
37          None
38     Other Special Clauses:
39          None
40     Utah Code Sections Affected:
41     AMENDS:
42          11-14-202, as last amended by Laws of Utah 2019, Chapter 255
43          11-14-203, as last amended by Laws of Utah 2019, Chapter 433
44          11-14-204, as renumbered and amended by Laws of Utah 2005, Chapter 105
45          11-14-206, as last amended by Laws of Utah 2017, Chapter 157
46          17B-1-306, as last amended by Laws of Utah 2019, Chapter 255
47          20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
48          20A-1-308, as enacted by Laws of Utah 2013, Chapters 182, 219 and last amended by
49     Coordination Clause, Laws of Utah 2013, Chapter 182
50          20A-1-403, as enacted by Laws of Utah 1993, Chapter 1
51          20A-1-601, as last amended by Laws of Utah 2018, Chapter 19
52          20A-1-602, as last amended by Laws of Utah 2018, Chapter 19
53          20A-1-603, as last amended by Laws of Utah 2018, Chapter 19
54          20A-1-604, as last amended by Laws of Utah 2018, Chapter 19
55          20A-1-605, as last amended by Laws of Utah 2018, Chapter 19
56          20A-1-607, as last amended by Laws of Utah 2018, Chapter 274
57          20A-1-609, as last amended by Laws of Utah 2019, Chapter 210
58          20A-2-102.5, as last amended by Laws of Utah 2018, Chapter 206

59          20A-2-108, as last amended by Laws of Utah 2018, Chapters 206 and 270
60          20A-2-201, as last amended by Laws of Utah 2018, Chapters 206 and 281
61          20A-2-202, as last amended by Laws of Utah 2019, Chapter 255
62          20A-2-204, as last amended by Laws of Utah 2019, Chapters 136 and 255
63          20A-2-205, as last amended by Laws of Utah 2019, Chapter 255
64          20A-2-206, as last amended by Laws of Utah 2018, Chapter 206
65          20A-2-207, as enacted by Laws of Utah 2018, Chapter 206
66          20A-2-300.5, as enacted by Laws of Utah 1994, Chapter 311
67          20A-2-301, as last amended by Laws of Utah 2019, Chapter 255
68          20A-2-302, as last amended by Laws of Utah 2015, Chapter 130
69          20A-2-304, as last amended by Laws of Utah 2018, Chapter 206
70          20A-2-307, as last amended by Laws of Utah 2018, Chapter 206
71          20A-4-101, as last amended by Laws of Utah 2018, Chapters 187 and 274
72          20A-4-102, as last amended by Laws of Utah 2018, Chapters 187 and 274
73          20A-4-103, as last amended by Laws of Utah 2018, Chapter 281
74          20A-4-104, as last amended by Laws of Utah 2019, Chapter 255
75          20A-4-105, as last amended by Laws of Utah 2018, Chapter 187
76          20A-4-106, as last amended by Laws of Utah 2018, Chapter 187
77          20A-4-107, as last amended by Laws of Utah 2019, Chapter 255
78          20A-4-201, as last amended by Laws of Utah 2019, Chapter 255
79          20A-4-202, as last amended by Laws of Utah 2019, Chapter 255
80          20A-4-303, as last amended by Laws of Utah 2002, Chapter 133
81          20A-4-401, as last amended by Laws of Utah 2019, Chapter 255
82          20A-5-102, as last amended by Laws of Utah 2019, Chapter 433
83          20A-5-205, as last amended by Laws of Utah 2006, Chapter 326
84          20A-5-206, as last amended by Laws of Utah 2012, Chapter 251
85          20A-5-302, as last amended by Laws of Utah 2018, Chapter 274
86          20A-5-401, as last amended by Laws of Utah 2019, Chapter 433
87          20A-5-403, as last amended by Laws of Utah 2017, Chapter 108
88          20A-5-404, as last amended by Laws of Utah 2018, Chapter 187
89          20A-5-405, as last amended by Laws of Utah 2019, Chapter 255

90          20A-5-406, as last amended by Laws of Utah 2018, Chapter 274
91          20A-5-407, as last amended by Laws of Utah 2007, Chapter 329
92          20A-5-408, as enacted by Laws of Utah 1993, Chapter 1
93          20A-5-601, as last amended by Laws of Utah 2019, Chapter 433
94          20A-5-602, as last amended by Laws of Utah 2014, Chapters 31, 391 and last amended
95     by Coordination Clause, Laws of Utah 2014, Chapter 31
96          20A-5-603, as last amended by Laws of Utah 2007, Chapter 75
97          20A-5-605, as last amended by Laws of Utah 2019, Chapter 255
98          20A-5-801, as enacted by Laws of Utah 2017, Chapter 32
99          20A-5-804, as enacted by Laws of Utah 2017, Chapter 32
100          20A-6-101, as last amended by Laws of Utah 2016, Chapter 66
101          20A-6-102, as last amended by Laws of Utah 2018, Chapter 274
102          20A-6-105, as last amended by Laws of Utah 2018, Chapters 206 and 270
103          20A-6-203, as last amended by Laws of Utah 2006, Chapter 326
104          20A-6-301, as last amended by Laws of Utah 2018, Chapter 274
105          20A-6-302, as last amended by Laws of Utah 2019, Chapter 255
106          20A-6-304, as last amended by Laws of Utah 2016, Chapter 66
107          20A-6-401, as last amended by Laws of Utah 2018, Chapter 274
108          20A-6-401.1, as last amended by Laws of Utah 2018, Chapter 274
109          20A-6-402, as last amended by Laws of Utah 2018, Chapters 187 and 274
110          20A-7-607, as last amended by Laws of Utah 2019, Chapter 203
111          20A-7-609.5, as last amended by Laws of Utah 2019, Chapter 203
112          20A-7-613, as last amended by Laws of Utah 2019, Chapters 203 and 255
113          20A-7-702, as last amended by Laws of Utah 2018, Chapter 80 and last amended by
114     Coordination Clause, Laws of Utah 2018, Chapter 403
115          20A-7-801, as last amended by Laws of Utah 2019, Chapter 255
116          20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
117          20A-9-806, as last amended by Laws of Utah 2019, Chapter 433
118          20A-9-808, as last amended by Laws of Utah 2019, Chapter 433
119          20A-11-206, as last amended by Laws of Utah 2019, Chapter 74
120          20A-11-305, as last amended by Laws of Utah 2016, Chapter 16

121          20A-11-1305, as last amended by Laws of Utah 2018, Chapter 19
122          20A-16-202, as renumbered and amended by Laws of Utah 2011, Chapter 327
123          20A-16-401, as last amended by Laws of Utah 2013, Chapter 198
124          20A-16-406, as last amended by Laws of Utah 2012, Chapter 369
125          20A-16-407, as last amended by Laws of Utah 2011, Chapter 366 and renumbered and
126     amended by Laws of Utah 2011, Chapter 327
127          63I-2-220, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
128     ENACTS:
129          20A-3a-101, Utah Code Annotated 1953
130          20A-3a-201, Utah Code Annotated 1953
131          20A-3a-204, Utah Code Annotated 1953
132          20A-3a-502, Utah Code Annotated 1953
133          20A-5-403.5, Utah Code Annotated 1953
134     RENUMBERS AND AMENDS:
135          20A-3a-102, (Renumbered from 20A-3-101, as last amended by Laws of Utah 2019,
136     Chapter 433)
137          20A-3a-103, (Renumbered from 20A-3-101.5, as last amended by Laws of Utah 2019,
138     Chapter 433)
139          20A-3a-104, (Renumbered from 20A-3-102, as last amended by Laws of Utah 2007,
140     Chapter 329)
141          20A-3a-105, (Renumbered from 20A-3-103, as enacted by Laws of Utah 1993, Chapter
142     1)
143          20A-3a-202, (Renumbered from 20A-3-302, as last amended by Laws of Utah 2019,
144     Chapter 255)
145          20A-3a-203, (Renumbered from 20A-3-104, as last amended by Laws of Utah 2010,
146     Chapter 197)
147          20A-3a-205, (Renumbered from 20A-3-105.5, as last amended by Laws of Utah 2013,
148     Chapter 390)
149          20A-3a-206, (Renumbered from 20A-3-106, as last amended by Laws of Utah 2019,
150     Chapter 142)
151          20A-3a-207, (Renumbered from 20A-3-107, as last amended by Laws of Utah 2007,

152     Chapter 75)
153          20A-3a-208, (Renumbered from 20A-3-108, as last amended by Laws of Utah 2011,
154     Chapter 366)
155          20A-3a-209, (Renumbered from 20A-3-109, as last amended by Laws of Utah 2007,
156     Chapter 75)
157          20A-3a-301, (Renumbered from 20A-3-306.5, as last amended by Laws of Utah 2019,
158     Chapter 255)
159          20A-3a-401, (Renumbered from 20A-3-308, as last amended by Laws of Utah 2018,
160     Chapter 274 and last amended by Coordination Clause, Laws of Utah 2018, Chapter
161     464)
162          20A-3a-402, (Renumbered from 20A-3-309, as last amended by Laws of Utah 2016,
163     Chapter 37)
164          20A-3a-403, (Renumbered from 20A-3-310, as enacted by Laws of Utah 1993, Chapter
165     1)
166          20A-3a-501, (Renumbered from 20A-3-501, as last amended by Laws of Utah 2007,
167     Chapters 75 and 329)
168          20A-3a-503, (Renumbered from 20A-3-503, as enacted by Laws of Utah 1993, Chapter
169     1)
170          20A-3a-504, (Renumbered from 20A-3-504, as last amended by Laws of Utah 2015,
171     Chapter 55)
172          20A-3a-505, (Renumbered from 20A-3-505, as last amended by Laws of Utah 2008,
173     Chapter 276)
174          20A-3a-506, (Renumbered from 20A-3-506, as enacted by Laws of Utah 2006, Chapter
175     15)
176          20A-3a-601, (Renumbered from 20A-3-601, as last amended by Laws of Utah 2018,
177     Chapters 195, 206, and 281)
178          20A-3a-602, (Renumbered from 20A-3-602, as last amended by Laws of Utah 2019,
179     Chapter 73)
180          20A-3a-603, (Renumbered from 20A-3-603, as last amended by Coordination Clause,
181     Laws of Utah 2018, Chapter 403)
182          20A-3a-604, (Renumbered from 20A-3-604, as last amended by Laws of Utah 2019,

183     Chapter 255)
184          20A-3a-605, (Renumbered from 20A-3-605, as last amended by Laws of Utah 2018,
185     Chapter 206)
186          20A-3a-701, (Renumbered from 20A-3-701, as enacted by Laws of Utah 2011, Chapter
187     291)
188          20A-3a-702, (Renumbered from 20A-3-702, as last amended by Laws of Utah 2018,
189     Chapter 274)
190          20A-3a-703, (Renumbered from 20A-3-703, as last amended by Coordination Clause,
191     Laws of Utah 2018, Chapter 403)
192          20A-3a-801, (Renumbered from 20A-3-201, as repealed and reenacted by Laws of Utah
193     2018, Chapter 274)
194          20A-3a-802, (Renumbered from 20A-3-201.5, as enacted by Laws of Utah 2010,
195     Chapter 83)
196          20A-3a-803, (Renumbered from 20A-3-202, as last amended by Laws of Utah 2019,
197     Chapter 433)
198          20A-3a-804, (Renumbered from 20A-3-202.3, as last amended by Laws of Utah 2018,
199     Chapters 195 and 274)
200          20A-3a-805, (Renumbered from 20A-3-202.5, as last amended by Laws of Utah 2018,
201     Chapter 274)
202          20A-3a-806, (Renumbered from 20A-3-203, as last amended by Laws of Utah 2018,
203     Chapter 274)
204          20A-5-410, (Renumbered from 20A-3-304.1, as last amended by Laws of Utah 2008,
205     Chapter 382)
206     REPEALS:
207          20A-3-104.5, as last amended by Laws of Utah 2019, Chapter 433
208          20A-3-105, as last amended by Laws of Utah 2019, Chapter 142
209          20A-3-301, as last amended by Laws of Utah 2013, Chapter 198
210          20A-3-303, as last amended by Laws of Utah 2008, Chapter 193
211          20A-3-304, as last amended by Laws of Utah 2019, Chapters 255 and 433
212          20A-3-305, as last amended by Laws of Utah 2019, Chapter 255
213          20A-3-306, as last amended by Laws of Utah 2019, Chapter 255

214          20A-3-307, as last amended by Laws of Utah 2012, Chapter 309
215          20A-3-502, as enacted by Laws of Utah 1993, Chapter 1
216          20A-5-604, as last amended by Laws of Utah 2019, Chapter 255
217          20A-6-303, as last amended by Laws of Utah 2016, Chapter 66
218     

219     Be it enacted by the Legislature of the state of Utah:
220          Section 1. Section 11-14-202 is amended to read:
221          11-14-202. Notice of election -- Contents -- Publication -- Mailing.
222          (1) The governing body shall publish notice of the election:
223          (a) (i) once per week for three consecutive weeks before the election in a newspaper of
224     general circulation in the local political subdivision, in accordance with Section 11-14-316, the
225     first publication occurring not less than 21, nor more than 35, days before the day of the
226     election;
227          (ii) if there is no newspaper of general circulation in the local political subdivision, at
228     least 21 days before the day of the election, by posting one notice, and at least one additional
229     notice per 2,000 population of the local political subdivision, in places within the local political
230     subdivision that are most likely to give notice to the voters in the local political subdivision; or
231          (iii) at least three weeks before the day of the election, by mailing notice to each
232     registered voter in the local political subdivision;
233          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
234     before the day of the election;
235          (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
236     and
237          (d) if the local political subdivision has a website, on the local political subdivision's
238     website for at least three weeks before the day of the election.
239          (2) When the debt service on the bonds to be issued will increase the property tax
240     imposed upon the average value of a residence by an amount that is greater than or equal to $15
241     per year, the governing body shall prepare and mail either a voter information pamphlet or a
242     notification described in Subsection (8):
243          (a) at least 15 days, but not more than 45 days, before the bond election;
244          (b) to each household containing a registered voter who is eligible to vote on the

245     bonds; and
246          (c) that includes the information required by Subsections (4) and (5).
247          (3) The election officer may change the location of, or establish an additional:
248          (a) voting precinct polling place, in accordance with Subsection (6);
249          (b) early voting polling place, in accordance with Subsection [20A-3-603]
250     20A-3a-603(2); or
251          (c) election day voting center, in accordance with Subsection [20A-3-703]
252     20A-3a-703(2).
253          (4) The notice described in Subsection (1) and the voter information pamphlet
254     described in Subsection (2):
255          (a) shall include, in the following order:
256          (i) the date of the election;
257          (ii) the hours during which the polls will be open;
258          (iii) the address of the Statewide Electronic Voter Information Website and, if
259     available, the address of the election officer's website, with a statement indicating that the
260     election officer will post on the website the location of each polling place for each voting
261     precinct, each early voting polling place, and each election day voting center, including any
262     changes to the location of a polling place and the location of an additional polling place;
263          (iv) a phone number that a voter may call to obtain information regarding the location
264     of a polling place; and
265          (v) the title and text of the ballot proposition, including the property tax cost of the
266     bond described in Subsection 11-14-206(2)(a); and
267          (b) may include the location of each polling place.
268          (5) The voter information pamphlet required by this section shall include:
269          (a) the information required under Subsection (4); and
270          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
271     which may be based on information the governing body determines to be useful, including:
272          (i) expected debt service on the bonds to be issued;
273          (ii) a description of the purpose, remaining principal balance, and maturity date of any
274     outstanding general obligation bonds of the issuer;
275          (iii) funds other than property taxes available to pay debt service on general obligation

276     bonds;
277          (iv) timing of expenditures of bond proceeds;
278          (v) property values; and
279          (vi) any additional information that the governing body determines may be useful to
280     explain the property tax impact of issuance of the bonds.
281          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
282     deadlines described in Subsections (1) and (2):
283          (i) if necessary, change the location of a voting precinct polling place; or
284          (ii) if the election officer determines that the number of voting precinct polling places
285     is insufficient due to the number of registered voters who are voting, designate additional
286     voting precinct polling places.
287          (b) Except as provided in Section 20A-1-308, if an election officer changes the
288     location of a voting precinct polling place or designates an additional voting precinct polling
289     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
290     times, and location of a changed voting precinct polling place or an additional voting precinct
291     polling place:
292          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
293     Information Website;
294          (ii) by posting the information on the website of the election officer, if available; and
295          (iii) by posting notice:
296          (A) of a change in the location of a voting precinct polling place, at the new location
297     and, if possible, the old location; and
298          (B) of an additional voting precinct polling place, at the additional voting precinct
299     polling place.
300          (7) The governing body shall pay the costs associated with the notice required by this
301     section.
302          (8) (a) The governing body may mail a notice printed on a postage prepaid,
303     preaddressed return form that a person may use to request delivery of a voter information
304     pamphlet by mail.
305          (b) The notice described in Subsection (8)(a) shall include:
306          (i) the website upon which the voter information pamphlet is available; and

307          (ii) the phone number a voter may call to request delivery of a voter information
308     pamphlet by mail.
309          (9) A local school board shall comply with the voter information pamphlet
310     requirements described in Section 53G-4-603.
311          Section 2. Section 11-14-203 is amended to read:
312          11-14-203. Time for election -- Equipment -- Election officials -- Combining
313     precincts.
314          (1) (a) The local political subdivision shall ensure that bond elections are conducted
315     and administered according to the procedures set forth in this chapter and the sections of the
316     Election Code specifically referenced by this chapter.
317          (b) When a local political subdivision complies with those procedures, there is a
318     presumption that the bond election was properly administered.
319          (2) (a) A bond election may be held, and the proposition for the issuance of bonds may
320     be submitted, on the same date as the regular general election, the municipal general election
321     held in the local political subdivision calling the bond election, or at a special election called
322     for the purpose on a date authorized by Section 20A-1-204.
323          (b) A bond election may not be held, nor a proposition for issuance of bonds be
324     submitted, at the presidential primary election held under Title 20A, Chapter 9, Part 8,
325     Presidential Primary Election.
326          (3) (a) The bond election shall be conducted and administered by the election officer
327     designated in Sections 20A-1-102 and 20A-5-400.5.
328          (b) (i) The duties of the election officer shall be governed by Title 20A, Chapter 5, Part
329     4, Election Officer's Duties.
330          (ii) The publishing requirement under Subsection 20A-5-405(1)[(j)](h)(iii) does not
331     apply when notice of a bond election has been provided according to the requirements of
332     Section 11-14-202.
333          (c) The hours during which the polls are to be open shall be consistent with Section
334     20A-1-302.
335          (d) The appointment and duties of election judges shall be governed by Title 20A,
336     Chapter 5, Part 6, Poll Workers.
337          (e) General voting procedures shall be conducted according to the requirements of Title

338     20A, Chapter 3, Voting.
339          (f) The designation of election crimes and offenses, and the requirements for the
340     prosecution and adjudication of those crimes and offenses are set forth in Title 20A, Election
341     Code.
342          (4) When a bond election is being held on a day when no other election is being held in
343     the local political subdivision calling the bond election, voting precincts may be combined for
344     purposes of bond elections so long as no voter is required to vote outside the county in which
345     the voter resides.
346          (5) When a bond election is being held on the same day as any other election held in a
347     local political subdivision calling the bond election, or in some part of that local political
348     subdivision, the polling places and election officials serving for the other election may also
349     serve as the polling places and election officials for the bond election, so long as no voter is
350     required to vote outside the county in which the voter resides.
351          Section 3. Section 11-14-204 is amended to read:
352          11-14-204. Challenges to voter qualifications.
353          (1) Any person's qualifications to vote at a bond election may be challenged according
354     to the procedures and requirements of Sections [20A-3-105.5 and 20A-3-202] 20A-3a-205 and
355     20A-3a-803.
356          (2) A bond election may not be invalidated on the grounds that ineligible voters voted
357     unless:
358          (a) it is shown by clear and convincing evidence that ineligible voters voted in
359     sufficient numbers to change the result of the bond election; and
360          (b) the complaint is filed before the expiration of the time period permitted for contests
361     in Subsection 20A-4-403(3).
362          (3) The votes cast by the voters shall be accepted as having been legally cast for
363     purposes of determining the outcome of the election, unless the court in a bond election contest
364     finds otherwise.
365          Section 4. Section 11-14-206 is amended to read:
366          11-14-206. Ballots -- Submission of ballot language -- Form and contents.
367          (1) At least 75 days before the election, the governing body shall prepare and submit to
368     the election officer:

369          (a) a ballot title for the bond proposition that includes the name of the local political
370     subdivision issuing the bonds and the word "bond"; and
371          (b) a ballot proposition that meets the requirements of Subsection (2).
372          (2) (a) The governing body shall ensure that the ballot proposition includes:
373          (i) the maximum principal amount of the bonds;
374          (ii) the maximum number of years from the issuance of the bonds to final maturity;
375          (iii) the general purpose for which the bonds are to be issued; and
376          (iv) if issuance of the bonds will require the increase of the property tax imposed upon
377     the average value of a residence by an amount that is greater than or equal to $15 per year, the
378     following information in substantially the following form and in the following order:
379          "PROPERTY TAX COST OF BONDS:
380          If the bonds are issued as planned, [if applicable: without regard to the taxes currently
381     levied for outstanding bonds that will reduce over time,] an annual property tax to pay debt
382     service on the bonds will be required over a period of ____ years in the estimated amount of
383     $____ (insert the average value of a residence in the taxing entity rounded to the nearest
384     thousand dollars) on a residence and in the estimated amount of $____ on a business property
385     having the same value.
386          [If applicable] If there are other outstanding bonds, an otherwise scheduled tax
387     decrease may not occur if these bonds are issued.
388          The foregoing information is only an estimate and is not a limit on the amount of taxes
389     that the governing body may be required to levy in order to pay debt service on the bonds. The
390     governing body is obligated to levy taxes to the extent provided by law in order to pay the
391     bonds."
392          (b) The governing body may state the purpose of the bonds in general terms and need
393     not specify the particular projects for which the governing body intends to issue the bonds or
394     the specific amount of bond proceeds that the governing body intends to expend for each
395     project.
396          (c) If the governing body intends that the bonds be payable in part from tax proceeds
397     and in part from the operating revenues of the local political subdivision, or from any
398     combination of tax proceeds and operating revenues, the governing body may indicate those
399     payment sources on the bond proposition, but need not specify how the governing body intends

400     to divide the bonds between those sources of payment.
401          (d) (i) The governing body shall ensure that the bond proposition is followed by the
402     words, "For the issuance of bonds" and "Against the issuance of bonds," with appropriate
403     boxes in which the voter may indicate the voter's choice.
404          (ii) Nothing in Subsection (2)(d)(i) prohibits the addition of descriptive information
405     about the bonds.
406          (3) If a bond proposition is submitted to a vote on the same day as any other election
407     held in the local political subdivision calling the bond election, the governing body or an
408     election officer may combine the bond proposition with the candidate ballot in a manner
409     consistent with Section 20A-6-301[, 20A-6-303,] or 20A-6-402.
410          (4) The governing body shall ensure that the ballot form complies with the
411     requirements of Title 20A, Chapter 6, Ballot Form.
412          Section 5. Section 17B-1-306 is amended to read:
413          17B-1-306. Local district board -- Election procedures.
414          (1) Except as provided in Subsection (12), each elected board member shall be selected
415     as provided in this section.
416          (2) (a) Each election of a local district board member shall be held:
417          (i) at the same time as the municipal general election or the regular general election, as
418     applicable; and
419          (ii) at polling places designated by the local district board in consultation with the
420     county clerk for each county in which the local district is located, which polling places shall
421     coincide with municipal general election or regular general election polling places, as
422     applicable, whenever feasible.
423          (b) The local district board, in consultation with the county clerk, may consolidate two
424     or more polling places to enable voters from more than one district to vote at one consolidated
425     polling place.
426          (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
427     Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
428     polling place per division of the district, designated by the district board.
429          (ii) Each polling place designated by an irrigation district board under Subsection
430     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection

431     (2)(a)(ii).
432          (3) The clerk of each local district with a board member position to be filled at the next
433     municipal general election or regular general election, as applicable, shall provide notice of:
434          (a) each elective position of the local district to be filled at the next municipal general
435     election or regular general election, as applicable;
436          (b) the constitutional and statutory qualifications for each position; and
437          (c) the dates and times for filing a declaration of candidacy.
438          (4) The clerk of the local district shall publish the notice described in Subsection (3):
439          (a) by posting the notice on the Utah Public Notice Website created in Section
440     63F-1-701, for 10 days before the first day for filing a declaration of candidacy; and
441          (b) (i) by posting the notice in at least five public places within the local district at least
442     10 days before the first day for filing a declaration of candidacy; or
443          (ii) publishing the notice:
444          (A) in a newspaper of general circulation within the local district at least three but no
445     more than 10 days before the first day for filing a declaration of candidacy;
446          (B) in accordance with Section 45-1-101, for 10 days before the first day for filing a
447     declaration of candidacy; and
448          (c) if the local district has a website, on the local district's website for 10 days before
449     the first day for filing a declaration of candidacy.
450          (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
451     local district board position, an individual shall file a declaration of candidacy in person with
452     an official designated by the local district, during office hours, within the candidate filing
453     period for the applicable election year in which the election for the local district board is held.
454          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
455     filing time shall be extended until the close of normal office hours on the following regular
456     business day.
457          (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
458     declaration of candidacy with the official designated by the local district if:
459          (i) the individual is located outside of the state during the entire filing period;
460          (ii) the designated agent appears in person before the official designated by the local
461     district; and

462          (iii) the individual communicates with the official designated by the local district using
463     an electronic device that allows the individual and official to see and hear each other.
464          (d) (i) Before the filing officer may accept any declaration of candidacy from an
465     individual, the filing officer shall:
466          (A) read to the individual the constitutional and statutory qualification requirements for
467     the office that the individual is seeking; and
468          (B) require the individual to state whether the individual meets those requirements.
469          (ii) If the individual does not meet the qualification requirements for the office, the
470     filing officer may not accept the individual's declaration of candidacy.
471          (iii) If it appears that the individual meets the requirements of candidacy, the filing
472     officer shall accept the individual's declaration of candidacy.
473          (e) The declaration of candidacy shall be in substantially the following form:
474          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
475     ____________, City of ________________, County of ________________, state of Utah, (Zip
476     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
477     office of board of trustees member for _______________________ (state the name of the local
478     district); that I am a candidate for that office to be voted upon at the next election; and that, if
479     filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
480     period, and I hereby request that my name be printed upon the official ballot for that election.
481          (Signed) _________________________________________
482          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
483     of ____________, ____.
484          (Signed) ________________________
485          (Clerk or Notary Public)"
486          (f) An agent designated under Subsection (5)(c) may not sign the form described in
487     Subsection (5)(e).
488          (g) Each individual wishing to become a valid write-in candidate for an elective local
489     district board position is governed by Section 20A-9-601.
490          (h) If at least one individual does not file a declaration of candidacy as required by this
491     section, an individual shall be appointed to fill that board position in accordance with the
492     appointment provisions of Section 20A-1-512.

493          (i) If only one candidate files a declaration of candidacy and there is no write-in
494     candidate who complies with Section 20A-9-601, the board, in accordance with Section
495     20A-1-206, may:
496          (i) consider the candidate to be elected to the position; and
497          (ii) cancel the election.
498          (6) (a) A primary election may be held if:
499          (i) the election is authorized by the local district board; and
500          (ii) the number of candidates for a particular local board position or office exceeds
501     twice the number of persons needed to fill that position or office.
502          (b) The primary election shall be conducted:
503          (i) on the same date as the municipal primary election or the regular primary election,
504     as applicable; and
505          (ii) according to the procedures for primary elections provided under Title 20A,
506     Election Code.
507          (7) (a) Except as provided in Subsection (7)(c), within one business day after the
508     deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
509     names to the clerk of each county in which the local district is located.
510          (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
511     20A-6-305, the clerk of each county in which the local district is located and the local district
512     clerk shall coordinate the placement of the name of each candidate for local district office in
513     the nonpartisan section of the ballot with the appropriate election officer.
514          (ii) If consolidation of the local district election ballot with the municipal general
515     election ballot or the regular general election ballot, as applicable, is not feasible, the local
516     district board of trustees, in consultation with the county clerk, shall provide for a separate
517     local district election ballot to be administered by poll workers at polling locations designated
518     under Subsection (2).
519          (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
520     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
521          (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
522     prescribe the form of the ballot for each board member election.
523          (B) Each ballot for an election of an irrigation district board member shall be in a

524     nonpartisan format.
525          (C) The name of each candidate shall be placed on the ballot in the order specified
526     under Section 20A-6-305.
527          (8) (a) Each voter at an election for a board of trustees member of a local district shall:
528          (i) be a registered voter within the district, except for an election of:
529          (A) an irrigation district board of trustees member; or
530          (B) a basic local district board of trustees member who is elected by property owners;
531     and
532          (ii) meet the requirements to vote established by the district.
533          (b) Each voter may vote for as many candidates as there are offices to be filled.
534          (c) The candidates who receive the highest number of votes are elected.
535          (9) Except as otherwise provided by this section, the election of local district board
536     members is governed by Title 20A, Election Code.
537          (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
538     local district board shall serve a four-year term, beginning at noon on the January 1 after the
539     person's election.
540          (b) A person elected shall be sworn in as soon as practical after January 1.
541          (11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
542     the county or municipality holding an election under this section for the costs of the election
543     attributable to that local district.
544          (b) Each irrigation district shall bear its own costs of each election it holds under this
545     section.
546          (12) This section does not apply to an improvement district that provides electric or gas
547     service.
548          (13) Except as provided in Subsection [20A-3-605] 20A-3a-605(1)(b), the provisions
549     of Title 20A, Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
550          (14) (a) As used in this Subsection (14), "board" means:
551          (i) a local district board; or
552          (ii) the administrative control board of a special service district that has elected
553     members on the board.
554          (b) A board may hold elections for membership on the board at a regular general

555     election instead of a municipal general election if the board submits an application to the
556     lieutenant governor that:
557          (i) requests permission to hold elections for membership on the board at a regular
558     general election instead of a municipal general election; and
559          (ii) indicates that holding elections at the time of the regular general election is
560     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
561     material reason.
562          (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
563     governor may approve the application if the lieutenant governor concludes that holding the
564     elections at the regular general election is beneficial based on the criteria described in
565     Subsection (14)(b)(ii).
566          (d) If the lieutenant governor approves a board's application described in this section:
567          (i) all future elections for membership on the board shall be held at the time of the
568     regular general election; and
569          (ii) the board may not hold elections at the time of a municipal general election unless
570     the board receives permission from the lieutenant governor to hold all future elections for
571     membership on the board at a municipal general election instead of a regular general election,
572     under the same procedure, and by applying the same criteria, described in this Subsection (14).
573          Section 6. Section 20A-1-102 is amended to read:
574          20A-1-102. Definitions.
575          As used in this title:
576          (1) "Active voter" means a registered voter who has not been classified as an inactive
577     voter by the county clerk.
578          (2) "Automatic tabulating equipment" means apparatus that automatically examines
579     and counts votes recorded on [paper ballots or ballot sheets] ballots and tabulates the results.
580          (3) (a) "Ballot" means the storage medium, [whether] including a paper, mechanical, or
581     electronic storage medium, [upon which a voter records the voter's votes] that records an
582     individual voter's vote.
583          [(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
584     envelopes.]
585          (b) "Ballot" does not include a record to tally multiple votes.

586          [(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:]
587          [(a) contain the names of offices and candidates and statements of ballot propositions
588     to be voted on; and]
589          [(b) are used in conjunction with ballot sheets that do not display that information.]
590          [(5)] (4) "Ballot proposition" means a question, issue, or proposal that is submitted to
591     voters on the ballot for their approval or rejection including:
592          (a) an opinion question specifically authorized by the Legislature;
593          (b) a constitutional amendment;
594          (c) an initiative;
595          (d) a referendum;
596          (e) a bond proposition;
597          (f) a judicial retention question;
598          (g) an incorporation of a city or town; or
599          (h) any other ballot question specifically authorized by the Legislature.
600          [(6) "Ballot sheet":]
601          [(a) means a ballot that:]
602          [(i) consists of paper or a card where the voter's votes are marked or recorded; and]
603          [(ii) can be counted using automatic tabulating equipment; and]
604          [(b) includes punch card ballots and other ballots that are machine-countable.]
605          [(7)] (5) "Bind," "binding," or "bound" means securing more than one piece of paper
606     together [with a staple or stitch] using staples or another means in at least three places across
607     the top of the paper in the blank space reserved for securing the paper.
608          [(8)] (6) "Board of canvassers" means the entities established by Sections 20A-4-301
609     and 20A-4-306 to canvass election returns.
610          [(9)] (7) "Bond election" means an election held for the purpose of approving or
611     rejecting the proposed issuance of bonds by a government entity.
612          [(10) "Book voter registration form" means voter registration forms contained in a
613     bound book that are used by election officers and registration agents to register persons to
614     vote.]
615          [(11)] (8) "Business reply mail envelope" means an envelope that may be mailed free
616     of charge by the sender.

617          [(12) "By-mail voter registration form" means a voter registration form designed to be
618     completed by the voter and mailed to the election officer.]
619          [(13)] (9) "Canvass" means the review of election returns and the official declaration of
620     election results by the board of canvassers.
621          [(14)] (10) "Canvassing judge" means a poll worker designated to assist in counting
622     ballots at the canvass.
623          [(15)] (11) "Contracting election officer" means an election officer who enters into a
624     contract or interlocal agreement with a provider election officer.
625          [(16)] (12) "Convention" means the political party convention at which party officers
626     and delegates are selected.
627          [(17)] (13) "Counting center" means one or more locations selected by the election
628     officer in charge of the election for the automatic counting of ballots.
629          [(18)] (14) "Counting judge" means a poll worker designated to count the ballots
630     during election day.
631          [(19)] (15) "Counting room" means a suitable and convenient private place or room[,
632     immediately adjoining the place where the election is being held,] for use by the poll workers
633     and counting judges to count ballots [during election day].
634          [(20)] (16) "County officers" means those county officers that are required by law to be
635     elected.
636          [(21)] (17) "Date of the election" or "election day" or "day of the election":
637          (a) means the day that is specified in the calendar year as the day that the election
638     occurs; and
639          (b) does not include:
640          (i) deadlines established for [absentee] voting by mail, military-overseas voting, or
641     emergency voting; or
642          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
643     Voting.
644          [(22)] (18) "Elected official" means:
645          (a) a person elected to an office under Section 20A-1-303 or [Chapter 1 4, Part 6,
646     Election Offenses - Generally] Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
647     Project;

648          (b) a person who is considered to be elected to a municipal office in accordance with
649     Subsection 20A-1-206(1)(c)(ii); or
650          (c) a person who is considered to be elected to a local district office in accordance with
651     Subsection 20A-1-206(3)(c)(ii).
652          [(23)] (19) "Election" means a regular general election, a municipal general election, a
653     statewide special election, a local special election, a regular primary election, a municipal
654     primary election, and a local district election.
655          [(24)] (20) "Election Assistance Commission" means the commission established by
656     the Help America Vote Act of 2002, Pub. L. No. 107-252.
657          [(25)] (21) "Election cycle" means the period beginning on the first day persons are
658     eligible to file declarations of candidacy and ending when the canvass is completed.
659          [(26)] (22) "Election judge" means a poll worker that is assigned to:
660          (a) preside over other poll workers at a polling place;
661          (b) act as the presiding election judge; or
662          (c) serve as a canvassing judge, counting judge, or receiving judge.
663          [(27)] (23) "Election officer" means:
664          (a) the lieutenant governor, for all statewide ballots and elections;
665          (b) the county clerk for:
666          (i) a county ballot and election; and
667          (ii) a ballot and election as a provider election officer as provided in Section
668     20A-5-400.1 or 20A-5-400.5;
669          (c) the municipal clerk for:
670          (i) a municipal ballot and election; and
671          (ii) a ballot and election as a provider election officer as provided in Section
672     20A-5-400.1 or 20A-5-400.5;
673          (d) the local district clerk or chief executive officer for:
674          (i) a local district ballot and election; and
675          (ii) a ballot and election as a provider election officer as provided in Section
676     20A-5-400.1 or 20A-5-400.5; or
677          (e) the business administrator or superintendent of a school district for:
678          (i) a school district ballot and election; and

679          (ii) a ballot and election as a provider election officer as provided in Section
680     20A-5-400.1 or 20A-5-400.5.
681          [(28)] (24) "Election official" means any election officer, election judge, or poll
682     worker.
683          [(29)] (25) "Election results" means:
684          (a) for an election other than a bond election, the count of votes cast in the election and
685     the election returns requested by the board of canvassers; or
686          (b) for bond elections, the count of those votes cast for and against the bond
687     proposition plus any or all of the election returns that the board of canvassers may request.
688          [(30)] (26) "Election returns" includes the pollbook, the military and overseas absentee
689     voter registration and voting certificates, one of the tally sheets, any unprocessed [absentee]
690     ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot
691     disposition form, and the total votes cast form.
692          [(31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
693     device or other voting device that records and stores ballot information by electronic means.]
694          [(32)] (27) "Electronic signature" means an electronic sound, symbol, or process
695     attached to or logically associated with a record and executed or adopted by a person with the
696     intent to sign the record.
697          [(33) (a) "Electronic voting device" means a voting device that uses electronic ballots.]
698          [(b) "Electronic voting device" includes a direct recording electronic voting device.]
699          [(34)] (28) "Inactive voter" means a registered voter who is listed as inactive by a
700     county clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
701          [(35)] (29) "Judicial office" means the office filled by any judicial officer.
702          [(36)] (30) "Judicial officer" means any justice or judge of a court of record or any
703     county court judge.
704          [(37)] (31) "Local district" means a local government entity under Title 17B, Limited
705     Purpose Local Government Entities - Local Districts, and includes a special service district
706     under Title 17D, Chapter 1, Special Service District Act.
707          [(38)] (32) "Local district officers" means those local district board members that are
708     required by law to be elected.
709          [(39)] (33) "Local election" means a regular county election, a regular municipal

710     election, a municipal primary election, a local special election, a local district election, and a
711     bond election.
712          [(40)] (34) "Local political subdivision" means a county, a municipality, a local
713     district, or a local school district.
714          [(41)] (35) "Local special election" means a special election called by the governing
715     body of a local political subdivision in which all registered voters of the local political
716     subdivision may vote.
717          (36) "Manual ballot" means a paper document produced by an election officer on
718     which an individual records an individual's vote by directly placing a mark on the paper
719     document using a pen or other marking instrument.
720          (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
721     mechanical record, that:
722          (a) is created via electronic or mechanical means; and
723          (b) records an individual voter's vote cast via a method other than an individual directly
724     placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
725          [(42)] (38) "Municipal executive" means:
726          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
727          (b) the mayor in the council-manager form of government defined in Subsection
728     10-3b-103(7); or
729          (c) the chair of a metro township form of government defined in Section 10-3b-102.
730          [(43)] (39) "Municipal general election" means the election held in municipalities and,
731     as applicable, local districts on the first Tuesday after the first Monday in November of each
732     odd-numbered year for the purposes established in Section 20A-1-202.
733          [(44)] (40) "Municipal legislative body" means:
734          (a) the council of the city or town in any form of municipal government; or
735          (b) the council of a metro township.
736          [(45)] (41) "Municipal office" means an elective office in a municipality.
737          [(46)] (42) "Municipal officers" means those municipal officers that are required by
738     law to be elected.
739          [(47)] (43) "Municipal primary election" means an election held to nominate
740     candidates for municipal office.

741          [(48)] (44) "Municipality" means a city, town, or metro township.
742          [(49)] (45) "Official ballot" means the ballots distributed by the election officer [to the
743     poll workers to be given to] for voters to record their votes.
744          [(50)] (46) "Official endorsement" means[: (a)] the information on the ballot that
745     identifies:
746          [(i)] (a) the ballot as an official ballot;
747          [(ii)] (b) the date of the election; and
748          [(iii) (A)] (c) (i) for a ballot prepared by an election officer other than a county clerk,
749     the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
750          [(B)] (ii) for a ballot prepared by a county clerk, the words required by Subsection
751     20A-6-301(1)(b)(iii)[; and].
752          [(b) the information on the ballot stub that identifies:]
753          [(i) the poll worker's initials; and]
754          [(ii) the ballot number.]
755          [(51)] (47) "Official register" means the official record furnished to election officials
756     by the election officer that contains the information required by Section 20A-5-401.
757          [(52) "Paper ballot" means a paper that contains:]
758          [(a) the names of offices and candidates and statements of ballot propositions to be
759     voted on; and]
760          [(b) spaces for the voter to record the voter's vote for each office and for or against
761     each ballot proposition.]
762          [(53)] (48) "Political party" means an organization of registered voters that has
763     qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
764     Formation and Procedures.
765          [(54)] (49) (a) "Poll worker" means a person assigned by an election official to assist
766     with an election, voting, or counting votes.
767          (b) "Poll worker" includes election judges.
768          (c) "Poll worker" does not include a watcher.
769          [(55)] (50) "Pollbook" means a record of the names of voters in the order that they
770     appear to cast votes.
771          [(56)] (51) "Polling place" means [the] a building where voting is conducted.

772          [(57)] (52) "Position" means a square, circle, rectangle, or other geometric shape on a
773     ballot in which the voter marks the voter's choice.
774          [(58)] (53) "Presidential Primary Election" means the election established in Chapter 9,
775     Part 8, Presidential Primary Election.
776          [(59)] (54) "Primary convention" means the political party conventions held during the
777     year of the regular general election.
778          [(60)] (55) "Protective counter" means a separate counter, which cannot be reset, that:
779          (a) is built into a voting machine; and
780          (b) records the total number of movements of the operating lever.
781          [(61)] (56) "Provider election officer" means an election officer who enters into a
782     contract or interlocal agreement with a contracting election officer to conduct an election for
783     the contracting election officer's local political subdivision in accordance with Section
784     20A-5-400.1.
785          [(62)] (57) "Provisional ballot" means a ballot voted provisionally by a person:
786          (a) whose name is not listed on the official register at the polling place;
787          (b) whose legal right to vote is challenged as provided in this title; or
788          (c) whose identity was not sufficiently established by a poll worker.
789          [(63)] (58) "Provisional ballot envelope" means an envelope printed in the form
790     required by Section 20A-6-105 that is used to identify provisional ballots and to provide
791     information to verify a person's legal right to vote.
792          [(64)] (59) "Qualify" or "qualified" means to take the oath of office and begin
793     performing the duties of the position for which the [person] individual was elected.
794          [(65)] (60) "Receiving judge" means the poll worker that checks the voter's name in the
795     official register[,] at a polling location and provides the voter with a ballot[, and removes the
796     ballot stub from the ballot after the voter has voted].
797          [(66)] (61) "Registration form" means a [book voter registration form and a by-mail
798     voter registration] form by which an individual may register to vote under this title.
799          [(67)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
800          [(68)] (63) "Regular general election" means the election held throughout the state on
801     the first Tuesday after the first Monday in November of each even-numbered year for the
802     purposes established in Section 20A-1-201.

803          [(69)] (64) "Regular primary election" means the election, held on the date specified in
804     Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
805     local school board positions to advance to the regular general election.
806          [(70)] (65) "Resident" means a person who resides within a specific voting precinct in
807     Utah.
808          (66) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
809     provided to a voter with a manual ballot:
810          (a) into which the voter places the manual ballot after the voter has voted the manual
811     ballot in order to preserve the secrecy of the voter's vote; and
812          (b) that includes the voter affidavit and a place for the voter's signature.
813          [(71)] (67) "Sample ballot" means a mock ballot similar in form to the official ballot
814     printed and distributed as provided in Section 20A-5-405.
815          [(72)] (68) "Scratch vote" means to mark [or punch] the straight party ticket and then
816     mark [or punch] the ballot for one or more candidates who are members of different political
817     parties or who are unaffiliated.
818          [(73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
819     which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
820     the voter's vote.]
821          [(74)] (69) "Special election" means an election held as authorized by Section
822     20A-1-203.
823          [(75)] (70) "Spoiled ballot" means each ballot that:
824          (a) is spoiled by the voter;
825          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
826          (c) lacks the official endorsement.
827          [(76)] (71) "Statewide special election" means a special election called by the governor
828     or the Legislature in which all registered voters in Utah may vote.
829          [(77) "Stub" means the detachable part of each ballot.]
830          [(78) "Substitute ballots" means replacement ballots provided by an election officer to
831     the poll workers when the official ballots are lost or stolen.]
832          (72) "Tabulation system" means a device or system designed for the sole purpose of
833     tabulating votes cast by voters at an election.

834          [(79)] (73) "Ticket" means a list of:
835          (a) political parties;
836          (b) candidates for an office; or
837          (c) ballot propositions.
838          [(80)] (74) "Transfer case" means the sealed box used to transport voted ballots to the
839     counting center.
840          [(81)] (75) "Vacancy" means the absence of a person to serve in any position created
841     by statute, whether that absence occurs because of death, disability, disqualification,
842     resignation, or other cause.
843          [(82)] (76) "Valid voter identification" means:
844          (a) a form of identification that bears the name and photograph of the voter which may
845     include:
846          (i) a currently valid Utah driver license;
847          (ii) a currently valid identification card that is issued by:
848          (A) the state; or
849          (B) a branch, department, or agency of the United States;
850          (iii) a currently valid Utah permit to carry a concealed weapon;
851          (iv) a currently valid United States passport; or
852          (v) a currently valid United States military identification card;
853          (b) one of the following identification cards, whether or not the card includes a
854     photograph of the voter:
855          (i) a valid tribal identification card;
856          (ii) a Bureau of Indian Affairs card; or
857          (iii) a tribal treaty card; or
858          (c) two forms of identification not listed under Subsection [(82)] (76)(a) or (b) but that
859     bear the name of the voter and provide evidence that the voter resides in the voting precinct,
860     which may include:
861          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
862     election;
863          (ii) a bank or other financial account statement, or a legible copy thereof;
864          (iii) a certified birth certificate;

865          (iv) a valid social security card;
866          (v) a check issued by the state or the federal government or a legible copy thereof;
867          (vi) a paycheck from the voter's employer, or a legible copy thereof;
868          (vii) a currently valid Utah hunting or fishing license;
869          (viii) certified naturalization documentation;
870          (ix) a currently valid license issued by an authorized agency of the United States;
871          (x) a certified copy of court records showing the voter's adoption or name change;
872          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
873          (xii) a currently valid identification card issued by:
874          (A) a local government within the state;
875          (B) an employer for an employee; or
876          (C) a college, university, technical school, or professional school located within the
877     state; or
878          (xiii) a current Utah vehicle registration.
879          [(83)] (77) "Valid write-in candidate" means a candidate who has qualified as a
880     write-in candidate by following the procedures and requirements of this title.
881          (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
882          (a) mailing the ballot to the location designated in the mailing; or
883          (b) depositing the ballot in a ballot drop box designated by the election officer.
884          [(84)] (79) "Voter" means [a person] an individual who:
885          (a) meets the requirements for voting in an election;
886          (b) meets the requirements of election registration;
887          (c) is registered to vote; and
888          (d) is listed in the official register book.
889          [(85)] (80) "Voter registration deadline" means the registration deadline provided in
890     Section 20A-2-102.5.
891          [(86)] (81) "Voting area" means the area within six feet of the voting booths, voting
892     machines, and ballot box.
893          [(87)] (82) "Voting booth" means:
894          (a) the space or compartment within a polling place that is provided for the preparation
895     of ballots, including the voting [machine] enclosure or curtain; or

896          (b) a voting device that is free standing.
897          [(88) "Voting device" means:]
898          [(a) an apparatus in which ballot sheets are used in connection with a punch device for
899     piercing the ballots by the voter;]
900          [(b) a device for marking the ballots with ink or another substance;]
901          [(c) an electronic voting device or other device used to make selections and cast a
902     ballot electronically, or any component thereof;]
903          [(d) an automated voting system under Section 20A-5-302; or]
904          [(e) any other method for recording votes on ballots so that the ballot may be tabulated
905     by means of automatic tabulating equipment.]
906          [(89) "Voting machine" means a machine designed for the sole purpose of recording
907     and tabulating votes cast by voters at an election.]
908          (83) "Voting device" means any device provided by an election officer for a voter to
909     vote a mechanical ballot.
910          [(90)] (84) "Voting precinct" means the smallest geographical voting unit, established
911     [as provided by law within which qualified voters vote at one polling place] under Chapter 5,
912     Part 3, Duties of the County and Municipal Legislative Bodies.
913          [(91)] (85) "Watcher" means an individual who complies with the requirements
914     described in Section [20A-3-201] 20A-3a-801 to become a watcher for an election.
915          [(92)] (86) "Write-in ballot" means a ballot containing any write-in votes.
916          [(93)] (87) "Write-in vote" means a vote cast for [a person] an individual, whose name
917     is not printed on the ballot [according to], in accordance with the procedures established in this
918     title.
919          Section 7. Section 20A-1-308 is amended to read:
920          20A-1-308. Elections during declared emergencies.
921          (1) As used in this section, "declared emergency" means a state of emergency that:
922          (a) is declared by:
923          (i) the president of the United States;
924          (ii) the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster
925     Response and Recovery Act; or
926          (iii) the chief executive officer of a political subdivision in a proclamation under Title

927     53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and
928          (b) affects an election in the state, including:
929          (i) voting on election day;
930          (ii) early voting;
931          (iii) the transmittal or voting of [an absentee ballot or military-overseas] a ballot;
932          (iv) the counting of [an absentee ballot or military-overseas] a ballot; or
933          (v) the canvassing of election returns.
934          (2) During a declared emergency, the lieutenant governor may designate a method,
935     time, or location for, or relating to, an event described in Subsection (1)(b) that is different than
936     the method, time, or location described in this title.
937          (3) The lieutenant governor shall notify a voter or potential voter of a different method,
938     time, or location designated under Subsection (2) by:
939          (a) posting a notice on the Statewide Electronic Voter Information Website established
940     under Section 20A-7-801;
941          (b) notifying each election officer affected by the designation; and
942          (c) notifying a newspaper of general circulation within the state or a local media
943     correspondent.
944          Section 8. Section 20A-1-403 is amended to read:
945          20A-1-403. Errors or omissions in ballots.
946          (1) The election officer shall, without delay, correct any errors in [paper] ballots [or
947     ballot labels that he] that the election officer discovers, or that are brought to [his] the election
948     officer's attention, if those errors can be corrected without interfering with the timely
949     distribution of the [paper] ballots [or ballot labels].
950          (2) (a) (i) If an error or omission has occurred in the publication of the names or
951     description of the candidates nominated for office, or in the printing of sample or official
952     ballots, a candidate or [his] the candidate's agent may file, without paying any fee, a petition for
953     ballot correction with the district court.
954          (ii) If a petition is filed, the petitioner shall serve a copy of the petition on the
955     respondents on the same day that the petition is filed with the court.
956          (b) The petition shall contain:
957          (i) an affidavit signed by the candidate or [his] the candidate's agent identifying the

958     error or omission; and
959          (ii) a request that the court issue an order to the election officer responsible for the
960     ballot error or omission to correct the ballot error or omission.
961          (3) (a) After reviewing the petition, the court shall:
962          (i) issue an order commanding the respondent named in the petition to appear before
963     the court to answer, under oath, to the petition;
964          (ii) summarily hear and dispose of any issues raised by the petition to obtain substantial
965     compliance with the provisions of this title by the parties to the controversy; and
966          (iii) [make and enter orders and judgments, and issue the process of the court to
967     enforce all of those orders and judgments] enter appropriate orders.
968          (b) The court may assess costs, including [a] reasonable [attorney's fee] attorney fees,
969     against either party.
970          Section 9. Section 20A-1-601 is amended to read:
971          20A-1-601. Bribery in elections -- Paying for votes -- Penalties.
972          (1) A person may not, directly [or], indirectly, [by himself] or through any other
973     person:
974          (a) pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money or
975     other valuable consideration to or for any voter or to or for any other person:
976          (i) to induce the voter to vote or refrain from voting at any election provided by law;
977          (ii) to induce any voter to vote or refrain from voting at an election for any particular
978     person or measure;
979          (iii) to induce a voter to go to the polls or remain away from the polls at any election;
980          (iv) because a voter voted or refrained from voting for any particular person, or went to
981     the polls or remained away from the polls; or
982          (v) to obtain the political support or aid of any person at an election;
983          (b) give, offer, or promise any office, place, or employment, or to promise or procure,
984     or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any
985     other person, in order to:
986          (i) induce a voter to vote or refrain from voting at any election;
987          (ii) induce any voter to vote or refrain from voting at an election for any particular
988     person or measure; or

989          (iii) obtain the political support or aid of any person;
990          (c) advance or pay, or cause to be paid, any money or other valuable thing to, or for the
991     use of, any other person with the intent that the money or other valuable thing be used in
992     bribery at any election provided by law; or
993          (d) knowingly pay, or cause to be paid, any money or other valuable thing to any
994     person in discharge or repayment of any money expended wholly or in part in bribery at any
995     election.
996          (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
997     person who commits an offense under Subsection (1) is guilty of a third degree felony.
998          Section 10. Section 20A-1-602 is amended to read:
999          20A-1-602. Receiving bribe -- Receiving payments for votes -- Penalties.
1000          (1) A person may not, for [himself] the person or for any other person, directly or
1001     indirectly, [by himself] or through any person, before, during, or after any election:
1002          (a) receive, agree to receive, or contract for any money, gift, loan, or other valuable
1003     consideration, office, place, or employment for:
1004          (i) voting or agreeing to vote;
1005          (ii) going or agreeing to go to the polls;
1006          (iii) remaining or agreeing to remain away from the polls; or
1007          (iv) refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or
1008     refraining or agreeing to refrain from voting, for any particular person or measure at any
1009     election provided by law; or
1010          (b) receive any money or other valuable thing because the person induced any other
1011     person to:
1012          (i) vote or refrain from voting; or
1013          (ii) vote or refrain from voting for any particular person or measure at any election
1014     provided by law.
1015          (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
1016     person who commits an offense under Subsection (1) is guilty of a third degree felony.
1017          Section 11. Section 20A-1-603 is amended to read:
1018          20A-1-603. Fraud, interference, disturbance -- Tampering with ballots or records
1019     -- Penalties.

1020          (1) (a) [A person] An individual may not fraudulently vote on the individual's behalf
1021     [of himself] or on behalf of another, by:
1022          (i) voting more than once at any one election;
1023          (ii) knowingly handing in two or more ballots folded together;
1024          (iii) changing any ballot after [it has been] the ballot is cast or deposited in the ballot
1025     box, or ballot drop box, or mailed;
1026          (iv) adding or attempting to add any ballot or vote to those legally polled at any
1027     election by fraudulently introducing the ballot or vote into the ballot box or vote tally, either
1028     before or after the ballots have been counted;
1029          (v) adding to or mixing or attempting to add or mix, other ballots with the ballots
1030     lawfully polled while those ballots are being counted or canvassed, or at any other time; or
1031          (vi) voting in a voting district or precinct when the [person] individual knew or should
1032     have known that the [person] individual was not eligible for voter registration in that district or
1033     precinct, unless the [person] individual is legally entitled to vote the ballot under Section
1034     20A-4-107 or another provision of this title.
1035          (b) A person may not fraudulently interfere with an election by:
1036          (i) willfully tampering with, detaining, mutilating, or destroying any election returns;
1037          (ii) in any manner, interfering with the officers holding an election or conducting a
1038     canvass, or with the voters lawfully exercising their rights of voting at an election, so as to
1039     prevent the election or canvass from being fairly held or lawfully conducted;
1040          (iii) engaging in riotous conduct at any election, or interfering in any manner with any
1041     election official in the discharge of the election official's duties;
1042          (iv) inducing any election officer, or officer whose duty it is to ascertain, announce, or
1043     declare the result of any election or to give or make any certificate, document, or evidence in
1044     relation to any election, to violate or refuse to comply with the election officer's duty or any law
1045     regulating the election officer's duty;
1046          (v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or
1047     other thing from a polling place, or from the possession of the person authorized by law to have
1048     the custody of that thing; [or]
1049          (vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or the
1050     contents of a ballot drop box; or

1051          [(vi)] (vii) aiding, counseling, providing, procuring, advising, or assisting any person to
1052     do any of the acts [specified] described in this section.
1053          (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
1054     person who commits an offense under Subsection (1) is guilty of a class A misdemeanor.
1055          Section 12. Section 20A-1-604 is amended to read:
1056          20A-1-604. Destroying instruction cards, sample ballots, or election
1057     paraphernalia -- Penalties.
1058          (1) A person may not:
1059          (a) willfully deface or destroy any list of candidates posted in accordance with the
1060     provisions of this title;
1061          (b) willfully deface, tear down, remove or destroy any [card of instruction] voter
1062     instructions or sample ballot, printed or posted for the instruction of voters during an election;
1063          (c) willfully remove or destroy any of the supplies or conveniences furnished to enable
1064     a voter to prepare the voter's ballot during an election; or
1065          (d) willfully hinder the voting of others.
1066          (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
1067     person who commits an offense under Subsection (1) is guilty of an infraction.
1068          Section 13. Section 20A-1-605 is amended to read:
1069          20A-1-605. Mutilating certificate of nomination -- Forging declination or
1070     resignation -- Tampering with ballots.
1071          (1) It is unlawful for any person to:
1072          (a) falsely mark or willfully deface or destroy:
1073          (i) any certificate of nomination or any part of a certificate of nomination; or
1074          (ii) any letter of declination or resignation;
1075          (b) file any certificate of nomination or letter of declination or resignation knowing it,
1076     or any part of it, to be falsely made;
1077          (c) suppress any certificate of nomination, or letter of declination or resignation, or any
1078     part of a certificate of nomination or letter of declination or resignation that has been legally
1079     filed;
1080          (d) forge any letter of declination or resignation;
1081          (e) falsely make the official endorsement on any ballot;

1082          (f) willfully destroy or deface any ballot;
1083          (g) willfully delay the delivery of any ballots;
1084          (h) examine any ballot offered or cast at the polls or found in any ballot box or ballot
1085     drop box for any purpose other than to determine which candidate was elected; and
1086          (i) make or place any mark or device on any ballot in order to determine the name of
1087     any person for whom the elector has voted.
1088          (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), any
1089     person convicted of any of the offenses established by this section is guilty of a class A
1090     misdemeanor.
1091          Section 14. Section 20A-1-607 is amended to read:
1092          20A-1-607. Inducing attendance at polls -- Payment of workers.
1093          (1) (a) It is unlawful for a person to pay another for a loss incurred because an
1094     individual voted or registered to vote.
1095          (b) Subsection (1)(a) does not permit an employer to make a deduction from the usual
1096     salary or wages of an employee who takes a leave of absence as authorized under Section
1097     [20A-3-103] 20A-3a-105 for the purpose of voting.
1098          (2) (a) A person may not pay for personal services performed or to be performed on the
1099     day of a caucus, primary, convention, or election, or for any purpose connected with a caucus,
1100     primary, convention, or election that directly or indirectly affect the result of the caucus,
1101     primary, convention, or election.
1102          (b) Subsection (2)(a) does not prohibit a person from hiring a person to act as a
1103     watcher.
1104          Section 15. Section 20A-1-609 is amended to read:
1105          20A-1-609. Omnibus penalties.
1106          (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
1107     this title is guilty of a class B misdemeanor.
1108          (b) Subsection (1)(a) does not apply to a provision of this title for which another
1109     penalty is expressly stated.
1110          (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
1111     referendum, falsely making the statement described in Subsection 20A-7-203(2)(e)(ii),
1112     20A-7-303(2)(h)(ii), 20A-7-503(2)(e), or 20A-7-603(2)(h).

1113          (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
1114     convicted of any offense under this title may not:
1115          (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
1116     for any office during the election cycle in which the violation occurred;
1117          (b) take or hold the office to which the individual was elected; and
1118          (c) receive the emoluments of the office to which the individual was elected.
1119          (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
1120     at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
1121     20A-2-101.5.
1122          (b) Any person may challenge the right to vote of a person described in Subsection
1123     (3)(a) by following the procedures and requirements of Section [20A-3-202] 20A-3a-803.
1124          Section 16. Section 20A-2-102.5 is amended to read:
1125          20A-2-102.5. Voter registration deadline.
1126          (1) Except as otherwise provided in [Section 20A-2-201, 20A-2-204, 20A-2-206,
1127     20A-2-207, or 20A-4-107, or] Chapter 16, Uniform Military and Overseas Voters Act, [a
1128     person] an individual who fails to timely submit a correctly completed voter registration form
1129     [on or before the voter registration deadline] may not vote in the election.
1130          (2) The voter registration deadline is [30 calendar days before the date of the election.]
1131     as follows:
1132          (a) the voter registration must be received by the county clerk no later than 5 p.m. 11
1133     calendar days before the date of the election, if the individual registers to vote:
1134          (i) at the office of the county clerk, in accordance with Section 20A-2-201;
1135          (ii) by mail, in accordance with Section 20A-2-202;
1136          (iii) via an application for a driver license, in accordance with Section 20A-2-204;
1137          (iv) via a public assistance agency or a discretionary voter registration agency, in
1138     accordance with Section 20A-2-205; or
1139          (v) via electronic registration, in accordance with Section 20A-2-206;
1140          (b) before the polls close on the last day of early voting, described in Section
1141     20A-3a-601, if the individual registers by casting a provisional ballot at an early voting
1142     location in accordance with Section 20A-2-207; or
1143          (c) before polls close on the date of the election, if the individual registers to vote on

1144     the date of the election by casting a provisional ballot, in accordance with Section 20A-2-207.
1145          Section 17. Section 20A-2-108 is amended to read:
1146          20A-2-108. Driver license or state identification card registration form --
1147     Transmittal of information.
1148          (1) As used in this section, "qualifying form" means:
1149          (a) a driver license application form; or
1150          (b) a state identification card application form.
1151          (2) The lieutenant governor and the Driver License Division shall design each
1152     qualifying form to include:
1153          (a) the following question, which an applicant is required to answer: "Do you authorize
1154     the use of information in this form for voter registration purposes? YES____ NO____"; and
1155          [(b) the following question, which an applicant is required to answer if the applicant
1156     answers "yes" to the question described in Subsection (2)(a): "Any voter may register as an
1157     absentee voter to receive ballots by mail. A voter may change this designation at any time.
1158     Would you like to be registered as an absentee voter to receive your ballots by mail? YES____
1159     NO ____"; and]
1160          [(c)] (b) the following statement: "You may request that your voter registration record
1161     be classified as a private record by indicating here: ____Yes, I would like to request that my
1162     voter registration record be classified as a private record."
1163          (3) The lieutenant governor and the Driver License Division shall ensure that a
1164     qualifying form contains:
1165          (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
1166     Utah residency, and that the information provided in the form is true;
1167          (b) a records disclosure that is similar to the records disclosure on a voter registration
1168     form described in Section 20A-2-104;
1169          (c) a statement that if an applicant declines to register or preregister to vote, the fact
1170     that the applicant has declined to register or preregister will remain confidential and will be
1171     used only for voter registration purposes;
1172          (d) a statement that if an applicant does register or preregister to vote, the office at
1173     which the applicant submits a voter registration application will remain confidential and will be
1174     used only for voter registration purposes; and

1175          (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
1176     where an individual may, if desired:
1177          (i) indicate the individual's desired political affiliation from a listing of each registered
1178     political party, as defined in Section 20A-8-101;
1179          (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
1180     individual desires to affiliate; or
1181          (iii) indicate that the individual does not wish to affiliate with a political party.
1182          Section 18. Section 20A-2-201 is amended to read:
1183          20A-2-201. Registering to vote at office of county clerk.
1184          (1) Except as provided in Subsection (3), the county clerk shall register to vote each
1185     individual who registers in person at the county clerk's office during designated office hours if
1186     the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
1187     the county in accordance with Section 20A-2-101.
1188          (2) If an individual who is registering to vote submits a registration form in person at
1189     the office of the county clerk [during designated office hours, during the period beginning on
1190     the date after the voter registration deadline and ending on the date that is 15] no later than 5
1191     p.m. 11 calendar days before the date of the election, the county clerk shall:
1192          (a) accept [the form if the individual, on the date of the election, will be legally
1193     qualified and entitled to vote in a voting precinct in the county] and process the voter
1194     registration form; [and]
1195          [(b) inform the individual that the individual will be registered to vote in the pending
1196     election.]
1197          (b) unless the individual named in the form is preregistering to vote:
1198          (i) enter the individual's name on the list of registered voters for the voting precinct in
1199     which the individual resides; and
1200          (ii) notify the individual that the individual is registered to vote in the upcoming
1201     election; and
1202          (c) if the individual named in the form is preregistering to vote, comply with Section
1203     20A-2-101.1.
1204          (3) If an individual who is registering to vote and who will be legally qualified and
1205     entitled to vote in a voting precinct in the county on the date of an election appears in person,

1206     during designated office hours, and submits a registration form [on the date of the election or
1207     during the 14 calendar days before an election] after the deadline described in Subsection (2),
1208     the county clerk shall[: (a)] accept the registration form[;] and inform the individual that the
1209     individual will not be registered to vote in the pending election, unless the individual registers
1210     to vote by provisional ballot during the early voting period, if applicable, or on election day, in
1211     accordance with Section 20A-2-207.
1212          [(b) (i) if the individual submits the registration form seven or more calendar days
1213     before the date of an election, inform the individual that:]
1214          [(A) the individual is registered to vote in the pending election; and]
1215          [(B) for the pending election, the individual must vote on the day of the election or by
1216     provisional ballot, under Section 20A-2-207, during the early voting period described in
1217     Section 20A-3-601, because the individual registered late; or]
1218          [(ii) if the individual submits the registration form on the date of an election or during
1219     the six calendar days before an election, inform the individual:]
1220          [(A) of each manner still available to the individual to timely register to vote in the
1221     current election; and]
1222          [(B) that, if the individual does not timely register in a manner described in Subsection
1223     (3)(b)(ii)(A), the individual will be registered to vote but may not vote in the pending election
1224     because the individual registered late.]
1225          Section 19. Section 20A-2-202 is amended to read:
1226          20A-2-202. Registration by mail.
1227          (1) (a) [A citizen] An individual who will be qualified to vote at the next election may
1228     register by mail.
1229          (b) To register by mail, [a citizen] an individual shall complete and sign the [by-mail]
1230     registration form and mail or deliver [it] the form to the county clerk of the county in which the
1231     citizen resides.
1232          (c) In order to register to vote in a particular election, the citizen shall:
1233          (i) address the [by-mail] voter registration form to the county clerk; and
1234          (ii) ensure that the [by-mail] voter registration form is [postmarked on or before the
1235     voter registration deadline or is otherwise marked by the post office as received by the post
1236     office on or before the voter registration deadline] received by the county clerk no later than 5

1237     p.m. 11 calendar days before the date of the election.
1238          (d) The citizen has effectively registered to vote under this section only when the
1239     county clerk's office has received a correctly completed [by-mail] voter registration form.
1240          (2) Upon receipt of a timely, correctly completed [by-mail] voter registration form, the
1241     county clerk shall[, unless the individual named in the form is preregistering to vote]:
1242          (a) accept and process the voter registration form;
1243          [(a)] (b) unless the individual named in the form is preregistering to vote:
1244          (i) enter the applicant's name on the list of registered voters for the voting precinct in
1245     which the applicant resides; and
1246          [(b) mail confirmation of registration to the newly registered voter after entering the
1247     applicant's voting precinct number on that copy.]
1248          (ii) notify the individual that the individual is registered to vote in the upcoming
1249     election; and
1250          (c) if the individual named in the form is preregistering to vote, comply with Section
1251     20A-2-101.1.
1252          (3) If the county clerk receives a correctly completed [by-mail] voter registration form
1253     [that is postmarked after the voter registration deadline, and is not otherwise marked by the
1254     post office as received by the post office before the voter registration deadline] after the
1255     deadline described in Subsection (1)(c), the county clerk shall, unless the individual is
1256     preregistering to vote:
1257          [(a) if the individual named in the form is preregistering to vote, comply with Section
1258     20A-2-101.1; or]
1259          [(b) (i) unless the individual timely registers to vote in the current election in a manner
1260     that permits registration after the voter registration deadline, register the individual after the
1261     next election; and]
1262          (a) accept the application for registration; and
1263          [(ii)] (b) if possible, promptly mail a notice to, or otherwise notify, the individual
1264     before the election, informing the individual[:] that the individual will not be registered to vote
1265     in the pending election, unless the individual registers to vote by provisional ballot during the
1266     early voting period, if applicable, or on election day, in accordance with Section 20A-2-207.
1267          [(A) of each manner still available to the individual to timely register to vote in the

1268     current election; and]
1269          [(B) that, if the individual does not timely register in a manner described in Subsection
1270     (3)(b)(ii)(A), the individual's registration will not be effective until after the election.]
1271          [(4) When the county clerk receives a correctly completed by-mail voter registration
1272     form before 5 p.m. no later than seven days before an election that is postmarked on or before
1273     the date of the voter registration deadline, or is otherwise marked by the post office as received
1274     by the post office on or before the voter registration deadline, the county clerk shall:]
1275          [(a) process the by-mail voter registration form; and]
1276          [(b) record the new voter in the official register.]
1277          [(5)] (4) If the county clerk determines that a registration form received by mail or
1278     otherwise is incorrect because of an error or because [it] the registration form is incomplete, the
1279     county clerk shall mail notice to the [person] individual attempting to register or preregister,
1280     stating that the [person] individual has not been registered or preregistered because of an error
1281     or because the registration form is incomplete.
1282          Section 20. Section 20A-2-204 is amended to read:
1283          20A-2-204. Registering to vote when applying for or renewing a driver license.
1284          (1) As used in this section, "voter registration form" means, when an individual named
1285     on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
1286     in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
1287     voter registration purposes.
1288          (2) A citizen who is qualified to vote may register to vote, and a citizen who is
1289     qualified to preregister to vote may preregister to vote, by answering "yes" to the question
1290     described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
1291          (3) The Driver License Division shall:
1292          (a) assist an individual in completing the voter registration form unless the individual
1293     refuses assistance;
1294          (b) electronically transmit each address change to the lieutenant governor within five
1295     days after the day on which the division receives the address change; and
1296          (c) within five days after the day on which the division receives a voter registration
1297     form, electronically transmit the form to the Office of the Lieutenant Governor, including the
1298     following for the individual named on the form:

1299          (i) the name, date of birth, driver license or state identification card number, last four
1300     digits of the social security number, Utah residential address, place of birth, and signature;
1301           (ii) a mailing address, if different from the individual's Utah residential address;
1302           (iii) an email address and phone number, if available;
1303          (iv) the desired political affiliation, if indicated; and
1304          (v) an indication of whether the individual requested that the individual's voter
1305     registration record be classified as a private record under Subsection 20A-2-108(2)[(c)](b).
1306          (4) Upon receipt of an individual's voter registration form from the Driver License
1307     Division under Subsection (3), the lieutenant governor shall:
1308          (a) enter the information into the statewide voter registration database; and
1309          (b) if the individual requests on the individual's voter registration form that the
1310     individual's voter registration record be classified as a private record, classify the individual's
1311     voter registration record as a private record.
1312          (5) The county clerk of an individual whose information is entered into the statewide
1313     voter registration database under Subsection (4) shall:
1314          (a) ensure that the individual meets the qualifications to be registered or preregistered
1315     to vote; and
1316          (b) (i) if the individual meets the qualifications to be registered to vote:
1317          (A) ensure that the individual is assigned to the proper voting precinct; and
1318          (B) send the individual the notice described in Section 20A-2-304; or
1319          (ii) if the individual meets the qualifications to be preregistered to vote, process the
1320     form in accordance with the requirements of Section 20A-2-101.1.
1321          (6) (a) When the county clerk receives a correctly completed voter registration form
1322     under this section, the clerk shall:
1323          (i) comply with the applicable provisions of this Subsection (6); or
1324          (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
1325          (b) If the county clerk receives a correctly completed voter registration form under this
1326     section [during the period beginning on the date after the voter registration deadline and ending
1327     at 5 p.m. on the date that is 15] no later than 5 p.m. or, if submitting the form electronically,
1328     midnight, 11 calendar days before the date of an election, the county clerk shall:
1329          (i) accept the voter registration form; and

1330          (ii) unless the individual is preregistering to vote[, inform the individual that the
1331     individual is registered to vote in the pending election.]:
1332          (A) enter the individual's name on the list of registered voters for the voting precinct in
1333     which the individual resides; and
1334          (B) notify the individual that the individual is registered to vote in the upcoming
1335     election; and
1336          (iii) if the individual named in the form is preregistering to vote, comply with Section
1337     20A-2-101.1.
1338          [(c) If the county clerk receives a correctly completed voter registration form under this
1339     section during the period beginning on the date that is 14 calendar days before the election and
1340     ending at 5 p.m. on the date that is seven calendar days before the election, the county clerk
1341     shall:]
1342          [(i) accept the voter registration form; and]
1343          [(ii) unless the individual is preregistering to vote, inform the individual that:]
1344          [(A) the individual is registered to vote in the pending election; and]
1345          [(B) for the pending election, the individual must vote on the day of the election or by
1346     provisional ballot, under Section 20A-2-207, during the early voting period described in
1347     Section 20A-3-601 because the individual registered late.]
1348          [(d)] (c) If the county clerk receives a correctly completed voter registration form under
1349     this section [during the six calendar days before an election] after the deadline described in
1350     Subsection (6)(b), the county clerk shall, unless the individual named in the form is
1351     preregistering to vote:
1352          (i) accept the application for registration of the individual;
1353          (ii) process the voter registration form; and
1354          [(ii)] (iii) unless the individual is preregistering to vote, inform the individual[:] that
1355     the individual will not be registered to vote in the pending election, unless the individual
1356     registers to vote by provisional ballot during the early voting period, if applicable, or on
1357     election day, in accordance with Section 20A-2-207.
1358          [(A) of each manner still available to the individual to timely register to vote in the
1359     current election; and]
1360          [(B) that, if the individual does not timely register in a manner described in Subsection

1361     (6)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
1362     because the individual registered late.]
1363          (7) (a) If the county clerk determines that an individual's voter registration form
1364     received from the Driver License Division is incorrect because of an error, because the form is
1365     incomplete, or because the individual does not meet the qualifications to be registered to vote,
1366     the county clerk shall mail notice to the individual stating that the individual has not been
1367     registered or preregistered because of an error, because the registration form is incomplete, or
1368     because the individual does not meet the qualifications to be registered to vote.
1369          (b) If a county clerk believes, based upon a review of a voter registration form, that an
1370     individual, who knows that the individual is not legally entitled to register or preregister to
1371     vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
1372     the form to the county attorney for investigation and possible prosecution.
1373          Section 21. Section 20A-2-205 is amended to read:
1374          20A-2-205. Registration at voter registration agencies.
1375          (1) As used in this section:
1376          (a) "Discretionary voter registration agency" means the same as that term is defined in
1377     Section 20A-2-300.5.
1378          (b) "Public assistance agency" means [each office in Utah that provides: (i) public
1379     assistance; or (ii) state funded programs primarily engaged in providing services to people
1380     with disabilities] the same as that term is defined in Section 20A-2-300.5.
1381          (2) An individual may obtain and complete a [by-mail] registration form at a public
1382     assistance agency or discretionary voter registration agency.
1383          (3) Each public assistance agency and discretionary voter registration agency shall
1384     provide, either as part of existing forms or on a separate form, the following information in
1385     substantially the following form:
1386          "REGISTERING TO VOTE
1387          If you are not registered to vote where you live now, would you like to apply to register
1388     or preregister to vote here today? (The decision of whether to register or preregister to vote will
1389     not affect the amount of assistance that you will be provided by this agency.) Yes____ No____
1390     IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
1391     DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you

1392     would like help in filling out the voter registration form, we will help you. The decision about
1393     whether to seek or accept help is yours. You may fill out the application form in private. If
1394     you believe that someone has interfered with your right to register or preregister or to decline to
1395     register or preregister to vote, your right to privacy in deciding whether to register or
1396     preregister, or in applying to register or preregister to vote, or your right to choose your own
1397     political party or other political preference, you may file a complaint with the Office of the
1398     Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
1399     of the Office of the Lieutenant Governor)."
1400          (4) Unless [a person] an individual applying for service or assistance from a public
1401     assistance agency or discretionary voter registration agency declines, in writing, to register or
1402     preregister to vote, each public assistance agency and discretionary voter registration agency
1403     shall:
1404          (a) distribute a [by-mail] voter registration form with each application for service or
1405     assistance provided by the agency or office;
1406          (b) assist applicants in completing the voter registration form unless the applicant
1407     refuses assistance;
1408          (c) accept completed forms for transmittal to the appropriate election official; and
1409          (d) transmit a copy of each voter registration form to the appropriate election official
1410     within five days after [it is received by the division] the division receives the voter registration
1411     form.
1412          (5) [A person] An individual in a public assistance agency or a discretionary voter
1413     registration agency that helps [a person] an applicant complete the voter registration form may
1414     not:
1415          (a) seek to influence an applicant's political preference or party registration;
1416          (b) display any political preference or party allegiance;
1417          (c) make any statement to an applicant or take any action that has the purpose or effect
1418     of discouraging the applicant from registering to vote; or
1419          (d) make any statement to an applicant or take any action that has the purpose or effect
1420     of leading the applicant to believe that a decision of whether to register or preregister has any
1421     bearing upon the availability of services or benefits.
1422          (6) [Upon receipt of a correctly completed voter registration form] If the county clerk

1423     receives a correctly completed voter registration form under this section no later than 5 p.m. 11
1424     calendar days before the date of an election, the county clerk shall[,]:
1425          (a) accept and process the voter registration form;
1426          (b) unless the individual named in the form is preregistering to vote:
1427          [(a)] (i) enter the applicant's name on the list of registered voters for the voting precinct
1428     in which the applicant resides; and
1429          [(b)] (ii) notify the applicant [of registration.] that the applicant is registered to vote in
1430     the upcoming election; and
1431          (c) if the individual named in the form is preregistering to vote, comply with Section
1432     20A-2-101.1
1433          (7) If the county clerk receives a correctly completed voter registration form [that is
1434     dated after the voter registration deadline] after the deadline described in Subsection (6), the
1435     county clerk shall:
1436          (a) accept the application for registration of the individual; and
1437          (b) if possible, promptly inform the individual that the individual will not be registered
1438     to vote in the pending election, unless the individual registers to vote by provisional ballot
1439     during the early voting period, if applicable, or on election day, in accordance with Section
1440     20A-2-207.
1441          [(a) if the individual named in the form is preregistering to vote, comply with Section
1442     20A-2-101.1; or]
1443          [(b) (i) unless the individual timely registers to vote in the current election in a manner
1444     that permits registration after the voter registration deadline, register the individual after the
1445     next election; and]
1446          [(ii) if possible, promptly phone or mail a notice to the individual before the election,
1447     informing the individual:]
1448          [(A) of each manner still available to the individual to timely register to vote in the
1449     current election; and]
1450          [(B) that, if the individual does not timely register in a manner described in Subsection
1451     (7)(b)(ii)(A), the individual's registration will not be effective until after the election.]
1452          [(8) When the county clerk receives a correctly completed voter registration form
1453     before 5 p.m. at least seven days before an election that is dated on or before the voter

1454     registration deadline, the county clerk shall:]
1455          [(a) process the voter registration form; and]
1456          [(b) record the new voter in the official register.]
1457          [(9)] (8) If the county clerk determines that a voter registration form received from a
1458     public assistance agency or discretionary voter registration agency is incorrect because of an
1459     error or because [it] the voter registration form is incomplete, the county clerk shall mail notice
1460     to the individual attempting to register or preregister to vote, stating that the individual has not
1461     been registered or preregistered to vote because of an error or because the voter registration
1462     form is incomplete.
1463          Section 22. Section 20A-2-206 is amended to read:
1464          20A-2-206. Electronic registration.
1465          (1) The lieutenant governor [may] shall create and maintain an electronic system that is
1466     publicly available on the Internet for an individual to apply for voter registration or
1467     preregistration [and for an individual to request an absentee ballot].
1468          (2) An electronic system for voter registration or preregistration shall require:
1469          (a) that an applicant have a valid driver license or identification card, issued under Title
1470     53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
1471     of residence;
1472          (b) that the applicant provide the information required by Section 20A-2-104, except
1473     that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
1474     and (4);
1475          (c) that the applicant attest to the truth of the information provided; and
1476          (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
1477     applicant's:
1478          (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
1479     Uniform Driver License Act, for voter registration purposes; or
1480          (ii) signature on file in the lieutenant governor's statewide voter registration database
1481     developed under Section 20A-2-109.
1482          (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
1483     voter registration or preregistration created under this section is not required to complete a
1484     printed registration form.

1485          (4) A system created and maintained under this section shall provide the notices
1486     concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
1487          (5) The lieutenant governor shall:
1488          (a) obtain a digital copy of the applicant's driver license or identification card signature
1489     from the Driver License Division; or
1490          (b) ensure that the applicant's signature is already on file in the lieutenant governor's
1491     statewide voter registration database developed under Section 20A-2-109.
1492          (6) The lieutenant governor shall send the information to the county clerk for the
1493     county in which the applicant's principal place of residence is found for further action as
1494     required by Section 20A-2-304 after:
1495          (a) receiving all information from an applicant; and
1496          (b) (i) receiving all information from the Driver License Division; or
1497          (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
1498     statewide voter registration database developed under Section 20A-2-109.
1499          (7) The lieutenant governor may use additional security measures to ensure the
1500     accuracy and integrity of an electronically submitted voter registration.
1501          (8) If an individual applies to register under this section [during the period beginning
1502     on the date after the voter registration deadline and ending on the date that is 15] no later than
1503     11 calendar days before the date of an election, the county clerk shall[, unless the individual is
1504     preregistering to vote]:
1505          (a) accept and process the voter registration form;
1506          (b) unless the individual named in the form is preregistering to vote:
1507          (i) enter the applicant's name on the list of registered voters for the voting precinct in
1508     which the applicant resides; and
1509          (ii) notify the individual that the individual is registered to vote in the upcoming
1510     election; and
1511          (c) if the individual named in the form is preregistering to vote, comply with Section
1512     20A-2-101.1.
1513          [(a) accept the application for registration if the individual, on the date of the election,
1514     will be legally qualified and entitled to vote in a voting precinct in the state; and]
1515          [(b) inform the individual that the individual is registered to vote in the pending

1516     election.]
1517          (9) If an individual applies to register under this section [during the period beginning
1518     on the date that is 14 calendar days before the election and ending on the date that is seven
1519     calendar days before the election] after the deadline described in Subsection (8), the county
1520     clerk shall, unless the individual is preregistering to vote:
1521          (a) accept the application for registration [if the individual, on the date of the election,
1522     will be legally qualified and entitled to vote in a voting precinct in the state]; and
1523          (b) if possible, promptly inform the individual that the individual will not be registered
1524     to vote in the pending election, unless the individual registers to vote by provisional ballot
1525     during the early voting period, if applicable, or on election day, in accordance with Section
1526     20A-2-207.
1527          [(b) inform the individual that:]
1528          [(i) the individual is registered to vote in the pending election; and]
1529          [(ii) for the pending election, the individual must vote on the day of the election or by
1530     provisional ballot, under Section 20A-2-207, during the early voting period described in
1531     Section 20A-3-601 because the individual registered late.]
1532          [(10) If an individual applies to register under this section during the six calendar days
1533     before an election, the county clerk shall:]
1534          [(a) if the individual is preregistering to vote, comply with Section 20A-2-101.1; or]
1535          [(b) (i) accept the application for registration if the individual, on the date of the
1536     election, will be legally qualified and entitled to vote in a voting precinct in the state; and]
1537          [(ii) unless the individual timely registers to vote in the current election in a manner
1538     that permits registration after the voter registration deadline, inform the individual:]
1539          [(A) of each manner still available to the individual to timely register to vote in the
1540     current election; and]
1541          [(B) that, if the individual does not timely register in a manner described in Subsection
1542     (10)(b)(ii)(A), the individual is registered to vote but may not vote in the pending election
1543     because the individual registered late.]
1544          [(11) (a) A registered voter may file an application for an absentee ballot in accordance
1545     with Section 20A-3-304 on the electronic system for voter registration established under this
1546     section.]

1547          [(b)] (10) The lieutenant governor shall provide a means by which a registered voter
1548     shall sign the application form as provided in Section 20A-3-304.
1549          Section 23. Section 20A-2-207 is amended to read:
1550          20A-2-207. Registration by provisional ballot.
1551          (1) An individual who is not registered to vote may register to vote, and vote, on
1552     election day or during the early voting period described in Section [20A-3-601] 20A-3a-601,
1553     by voting a provisional ballot, if:
1554          (a) the individual is otherwise legally entitled to vote the ballot;
1555          (b) the ballot is identical to the ballot for the precinct in which the individual resides;
1556          (c) the information on the provisional ballot form is complete; and
1557          (d) the individual provides valid voter identification and proof of residence to the poll
1558     worker.
1559          (2) If a provisional ballot and the individual who voted the ballot comply with the
1560     requirements described in Subsection (1), the election officer shall:
1561          (a) consider the provisional ballot a voter registration form;
1562          (b) place the ballot with the [absentee] other ballots, to be counted with those ballots at
1563     the canvass; and
1564          (c) as soon as reasonably possible, register the individual to vote.
1565          (3) Except as provided in Subsection (4), the election officer shall retain a provisional
1566     ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
1567     determines that the individual who voted the ballot:
1568          (a) is not registered to vote and is not eligible for registration under this section; or
1569          (b) is not legally entitled to vote the ballot that the individual voted.
1570          (4) Subsection (3) does not apply if a court orders the election officer to produce or
1571     count the provisional ballot.
1572          (5) The lieutenant governor shall report to the Government Operations Interim
1573     Committee on or before [October 31, 2018, and on or before] October 31, 2020, regarding:
1574          (a) implementation of registration by provisional ballot, as described in this section, on
1575     a statewide basis;
1576          (b) any difficulties resulting from the implementation described in Subsection (5)(a);
1577          (c) the effect of registration by provisional ballot on voter participation in Utah;

1578          (d) the number of ballots cast by voters who registered by provisional ballot:
1579          (i) during the early voting period described in Section [20A-3-601] 20A-3a-601; and
1580          (ii) on election day; and
1581          (e) suggested changes in the law relating to registration by provisional ballot.
1582          Section 24. Section 20A-2-300.5 is amended to read:
1583          20A-2-300.5. Definitions.
1584          As used in this part:
1585          (1) "Discretionary voter registration agency" means each office designated by the
1586     county clerk to provide [by-mail] voter registration forms to the public.
1587          (2) "Public assistance agency" means each office in Utah that provides:
1588          (a) public assistance; and
1589          (b) state funded programs primarily engaged in providing services to people with
1590     disabilities.
1591          Section 25. Section 20A-2-301 is amended to read:
1592          20A-2-301. County clerk responsibilities -- Voter registration forms.
1593          (1) Each county clerk shall provide [book voter registration forms and by-mail] voter
1594     registration forms for use in the voter registration process.
1595          (2) (a) Each county clerk shall[: (i) designate certain offices within the county to
1596     provide by-mail voter registration forms to the public; and (ii) provide by-mail voter
1597     registration forms] provide a copy of the voter registration form to each public assistance
1598     agency and discretionary voter registration agency.
1599          (b) Each county clerk may provide [copies of by-mail voter registration forms] a copy
1600     of the voter registration form to public school districts and nonpublic schools as provided in
1601     Section 20A-2-302.
1602          [(3) Each regular general election year, the county clerk shall provide by-mail voter
1603     registration forms to the political parties in a quantity requested by the political parties, as
1604     needed.]
1605          [(4) Candidates, parties, organizations, and interested persons may purchase by-mail
1606     voter registration forms from the county clerk or from the printer.]
1607          [(5)] (3) (a) The clerk shall make [book voter registration forms available to interested
1608     organizations in lots of 250, to be replaced when each lot of 200 is returned to the county

1609     clerk.] a copy of the voter registration form available to any person upon request.
1610          (b) A person may make multiple copies of the voter registration form at the person's
1611     own expense.
1612          [(b) Interested organizations that receive book voter registration forms from the county
1613     clerk shall return the forms]
1614          (c) A person shall provide all completed voter registration forms in the person's
1615     possession to the county clerk at or before 5 p.m. on the day of the voter registration deadline.
1616          [(6)] (4) The county clerk may not refuse to register [any person] an individual to vote
1617     for failing to provide a telephone number on the voter registration form.
1618          [(7)] (5) (a) It is unlawful for any person in possession of a completed voter registration
1619     form, other than the person's own completed voter registration form, to willfully fail or refuse
1620     to timely deliver the completed voter registration [forms, obtained as provided in this section,]
1621     form to the county clerk.
1622          (b) A person who violates this Subsection [(7)] (5) is guilty of a class B misdemeanor.
1623          Section 26. Section 20A-2-302 is amended to read:
1624          20A-2-302. Voter registration forms for high school students.
1625          (1) (a) A county clerk may:
1626          (i) contact each high school and each accredited nonpublic high school in the county;
1627          (ii) determine the number of high school seniors; and
1628          (iii) distribute [by-mail] voter registration forms to each accredited public or private
1629     high school in an amount sufficient for distribution to each high school senior.
1630          (b) The county clerk shall process a voter registration form received from an individual
1631     under this section in accordance with Section 20A-2-101.1.
1632          (2) Each public school and accredited nonpublic school may:
1633          (a) include the [by-mail] voter registration form in the senior registration packet; and
1634          (b) collect and forward completed [by-mail] voter registration forms to the county
1635     clerk.
1636          Section 27. Section 20A-2-304 is amended to read:
1637          20A-2-304. County clerk's responsibilities -- Notice of disposition.
1638          Each county clerk shall:
1639          (1) register to vote each individual who meets the requirements for registration and

1640     who:
1641          (a) submits a completed voter registration form to the county clerk;
1642          (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
1643     the Driver License Division;
1644          (c) submits a completed voter registration form to a public assistance agency or a
1645     discretionary voter registration agency; or
1646          (d) mails a completed [by-mail] voter registration form to the county clerk; and
1647          (2) within 30 days after the day on which the county clerk processes a voter registration
1648     form, send a notice to the individual who submits the form that:
1649          (a) (i) informs the individual that the individual's voter registration form has been
1650     accepted and that the individual is registered to vote;
1651          (ii) informs the individual of the procedure for designating or changing the individual's
1652     political affiliation; and
1653          (iii) informs the individual of the procedure to cancel a voter registration;
1654          (b) informs the individual that the individual's voter registration form has been rejected
1655     and the reason for the rejection; or
1656          (c) (i) informs the individual that the individual's voter registration form is being
1657     returned to the individual for further action because the form is incomplete; and
1658          (ii) gives instructions to the individual on how to properly complete the form.
1659          Section 28. Section 20A-2-307 is amended to read:
1660          20A-2-307. County clerks' instructions to election judges.
1661          (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
1662     ballot if:
1663          (a) the voter has moved from one address within a voting precinct to another address
1664     within the same voting precinct; and
1665          (b) the voter affirms the change of address orally or in writing before the election
1666     judges.
1667          (2) Each county clerk shall instruct election judges to allow an individual to vote a
1668     provisional ballot if:
1669          (a) the individual is not registered to vote, but is otherwise legally entitled to vote
1670     under Section 20A-2-207;

1671          (b) the voter's name does not appear on the official register; or
1672          (c) the voter is challenged as provided in Section [20A-3-202] 20A-3a-803.
1673          Section 29. Section 20A-3a-101 is enacted to read:
1674     
CHAPTER 3a. VOTING

1675     
Part 1. General Voting Provisions

1676          20A-3a-101. Title.
1677          This chapter is known as "Voting."
1678          Section 30. Section 20A-3a-102, which is renumbered from Section 20A-3-101 is
1679     renumbered and amended to read:
1680          [20A-3-101].      20A-3a-102. Residency and age requirements of voters.
1681          (1) An individual may vote in any regular general election or statewide special election
1682     if that individual has registered to vote in accordance with Chapter 2, Voter Registration.
1683          (2) An individual may vote in the presidential primary election or a regular primary
1684     election if:
1685          (a) that individual has registered to vote in accordance with Chapter 2, Voter
1686     Registration; and
1687          (b) that individual's political party affiliation, or unaffiliated status, allows the person
1688     to vote in the election.
1689          (3) An individual may vote in a municipal general election, municipal primary election,
1690     local special election, local district election, and bond election if that individual:
1691          (a) has registered to vote in accordance with Chapter 2, Voter Registration; and
1692          (b) is a resident of a voting district or precinct within the local entity that is holding the
1693     election.
1694          Section 31. Section 20A-3a-103, which is renumbered from Section 20A-3-101.5 is
1695     renumbered and amended to read:
1696          [20A-3-101.5].      20A-3a-103. Age requirements for primary elections --
1697     17-year-olds may vote.
1698          An individual who is 17 years of age may vote in a regular primary election, a
1699     municipal primary election, or a presidential primary election, if:
1700          (1) the individual will be 18 years of age on or before the day of the general election
1701     that immediately follows the regular primary election, municipal primary election, or

1702     presidential primary election;
1703          (2) the individual is registered to vote in accordance with Chapter 2, Voter
1704     Registration;
1705          (3) the individual's political party affiliation, or unaffiliated status, allows the
1706     individual to vote in the election; and
1707          (4) the individual otherwise complies with the requirements to vote in the primary
1708     election.
1709          Section 32. Section 20A-3a-104, which is renumbered from Section 20A-3-102 is
1710     renumbered and amended to read:
1711          [20A-3-102].      20A-3a-104. Voting by secret ballot.
1712          All voting at each regular and municipal general election, at each statewide or local
1713     special election, at each primary election, at each local district election, and at each bond
1714     election shall be by secret ballot.
1715          Section 33. Section 20A-3a-105, which is renumbered from Section 20A-3-103 is
1716     renumbered and amended to read:
1717          [20A-3-103].      20A-3a-105. Employee's right to time off for election.
1718          (1) (a) Each employer shall allow any voter to be absent from service or employment
1719     on election day for not more than two hours between the time the polls open and close.
1720          (b) The voter shall apply for a leave of absence before election day.
1721          (c) (i) The employer may specify the hours during which the employee may be absent.
1722          (ii) If the employee requests the leave of absence at the beginning or end of the work
1723     shift, the employer shall grant that request.
1724          (d) The employer may not deduct from an employee's usual salary or wages because of
1725     the absence.
1726          (2) This section does not apply to an employee who has three or more hours between
1727     the time polls open and close during which the employee is not employed on the job.
1728          (3) Any employer who violates this section is guilty of a class B misdemeanor.
1729          Section 34. Section 20A-3a-201 is enacted to read:
1730     
Part 2. Voting Procedures

1731          20A-3a-201. Voting methods.
1732          (1) Except for an election conducted entirely by mail under Section 20A-7-609.5, a

1733     voter may vote as follows:
1734          (a) by mail;
1735          (b) at a polling location during early voting hours;
1736          (c) at a polling location on election day when the polls are open;
1737          (d) if the voter is an individual with a disability, by voting remotely, via a mechanical
1738     ballot or via electronic means if approved by the election officer;
1739          (e) electronically or via a federal write-in absentee ballot if the voter is a covered voter,
1740     as defined in Section 20A-16-102; or
1741          (f) by emergency ballot, in accordance with Part 3, Emergency Ballots.
1742          (2) A voter may not vote at a polling place if the voter voted by mail or in a manner
1743     described in Subsections (2)(d) through (f).
1744          Section 35. Section 20A-3a-202, which is renumbered from Section 20A-3-302 is
1745     renumbered and amended to read:
1746          [20A-3-302].      20A-3a-202. Conducting election by mail.
1747          (1) [(a) Notwithstanding Section 17B-1-306, an] Except as otherwise provided for an
1748     election conducted entirely by mail under Section 20A-7-609.5, an election officer [may] shall
1749     administer an election [by absentee ballot under] primarily by mail, in accordance with this
1750     section.
1751          [(b) An election officer who administers an election by absentee ballot, except for an
1752     election conducted under Section 20A-7-609.5, shall, before the following dates, notify the
1753     lieutenant governor that the election will be administered by absentee ballot:]
1754          [(i) February 1 of an even-numbered year if the election is a regular general election;
1755     or]
1756          [(ii) May 1 of an odd-numbered year if the election is a municipal general election.]
1757          (2) An election officer who administers an election [by absentee ballot]:
1758          (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
1759     and no later than seven days before election day, mail to each active voter within a voting
1760     precinct:
1761          (i) [an absentee] a manual ballot;
1762          (ii) a return envelope;
1763          [(ii) for an election administered by a county clerk, information regarding the location

1764     and hours of operation of any election day voting center at which the voter may vote;]
1765          [(iii) a courtesy reply mail envelope;]
1766          [(iv)] (iii) instructions for returning the ballot that include an express notice about any
1767     relevant deadlines that the voter must meet in order for the voter's vote to be counted; [and]
1768          (iv) for an election administered by a county clerk, information regarding the location
1769     and hours of operation of any election day voting center at which the voter may vote or a
1770     website address where the voter may view this information; and
1771          (v) for an election administered by an election officer other than a county clerk, if the
1772     election officer does not operate a polling location or an election day voting center, a warning,
1773     on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
1774     the instructions included with the [absentee] ballot, the voter will be unable to vote in that
1775     election because there will be no polling place [in] for the voting precinct on the day of the
1776     election; and
1777          (b) may not mail [an absentee] a ballot under this section to:
1778          (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1779          (ii) a voter whom the election officer is prohibited from sending [an absentee] a ballot
1780     under Subsection [(8)] (10)(c)(ii).
1781          [(3) A voter who votes by absentee ballot under this section is not required to apply for
1782     an absentee ballot as required by this part.]
1783          (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
1784     the manual ballot to the address:
1785          (i) provided at the time of registration; or
1786          (ii) if, at or after the time of registration, the voter files an alternate address request
1787     form described in Subsection (3)(b), the alternate address indicated on the form.
1788          (b) The lieutenant governor shall make available to voters an alternate address request
1789     form that permits a voter to request that the election officer mail the voter's ballot to a location
1790     other than the voter's residence.
1791          (c) A voter shall provide the completed alternate address request form to the election
1792     officer no later than 11 days before the day on which the election officer mails ballots to voters.
1793          (4) The return envelope shall include:
1794          (a) the name, official title, and post office address of the election officer on the front of

1795     the envelope;
1796          (b) a space where a voter may write an email address and phone number by which the
1797     election officer may contact the voter if the voter's ballot is rejected;
1798          (c) a printed affidavit in substantially the following form:
1799          "County of ____State of ____
1800          I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1801     in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1802     currently incarcerated for commission of a felony.
1803          ______________________________
1804          Signature of Voter"; and
1805          (d) a warning that the affidavit must be signed by the individual to whom the ballot
1806     was sent and that the ballot will not be counted if the signature on the affidavit does not match
1807     the signature on file with the election officer of the individual to whom the ballot was sent.
1808          (5) If the election officer determines that the voter is required to show valid voter
1809     identification, the election officer may:
1810          (a) mail a ballot to the voter; and
1811          (b) instruct the voter to include a copy of the voter's valid voter identification with the
1812     return ballot.
1813          [(4)] (6) An election officer who administers an election [by absentee ballot] shall:
1814          (a) (i) before the election, obtain[, in person,] the signatures of each voter [within that
1815     voting precinct before] qualified to vote in the election; or
1816          (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1817     and
1818          (b) maintain the signatures on file in the election officer's office.
1819          [(5)] (7) Upon receipt of a returned [absentee] ballot, the election officer shall review
1820     and process the ballot under Section [20A-3-308] 20A-3a-401.
1821          [(6)] (8) A county that administers an election [by absentee ballot]:
1822          (a) shall provide at least one election day voting center in accordance with Chapter 3,
1823     Part 7, Election Day Voting Center, and at least one additional election day voting center for
1824     every 5,000 active voters in the county who [will not receive an absentee ballot, but not fewer
1825     than one election day voting center] have requested to not receive a ballot by mail;

1826          (b) shall ensure that each election day voting center operated by the county has at least
1827     one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
1828     Pub. L. No. 107-252, for individuals with disabilities;
1829          (c) may reduce the early voting period described in Section [20A-6-301] 20A-3a-601,
1830     if:
1831          (i) the county clerk conducts early voting on at least four days;
1832          (ii) the early voting days are within the period beginning on the date that is 14 days
1833     before the date of the election and ending on the day before the election; and
1834          (iii) the county clerk provides notice of the reduced early voting period in accordance
1835     with Section [20A-3-604] 20A-3a-604;
1836          (d) is not required to pay return postage for [an absentee] a ballot; and
1837          (e) is subject to an audit conducted under Subsection [(7)] (9).
1838          [(7)] (9) (a) The lieutenant governor shall:
1839          (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
1840     an election conducted under this section; and
1841          (ii) after each primary, general, or special election conducted under this section, select
1842     a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
1843     developed under Subsection [(7)] (9)(a)(i).
1844          (b) The lieutenant governor shall post the results of an audit conducted under this
1845     Subsection [(7)] (9) on the lieutenant governor's website.
1846          [(8)] (10) (a) An individual [in a jurisdiction that conducts an election by absentee
1847     ballot] may request that the election officer not send the individual a ballot by mail in the next
1848     and subsequent elections by submitting a written request to the election officer.
1849          (b) An individual shall submit the request described in Subsection [(8)] (10)(a) to the
1850     election officer before 5 p.m. no later than 60 days before an election if the individual does not
1851     wish to receive [an absentee] a ballot by mail in that election.
1852          (c) An election officer who receives a request from an individual under Subsection
1853     [(8)] (10)(a):
1854          (i) shall remove the individual's name from the list of voters who will receive [an
1855     absentee] a ballot by mail; and
1856          (ii) may not send the individual [an absentee] a ballot by mail for:

1857          (A) the next election, if the individual submits the request described in Subsection [(8)]
1858     (10)(a) before the deadline described in Subsection [(8)] (10)(b); or
1859          (B) an election after the election described in Subsection [(8)] (10)(c)(ii)(A).
1860          (d) An individual who submits a request under Subsection [(8)] (10)(a) may resume the
1861     individual's receipt of [an absentee ballot in an election conducted under this section by filing
1862     an absentee ballot request under Section 20A-3-304] a ballot by mail by submitting a written
1863     request to the election officer.
1864          Section 36. Section 20A-3a-203, which is renumbered from Section 20A-3-104 is
1865     renumbered and amended to read:
1866          [20A-3-104].      20A-3a-203. Voting at a polling place.
1867          (1) Except as provided in Section 20A-7-609.5, a registered voter may vote at a polling
1868     place in an election in accordance with this section.
1869          [(1)] (2) (a) [Any registered voter desiring to vote] The voter shall give the voter's
1870     name, and, if requested, the voter's residence, to one of the poll workers.
1871          (b) The voter shall present valid voter identification to one of the poll workers.
1872          (c) If the poll worker is not satisfied that the voter has presented valid voter
1873     identification, the poll worker shall:
1874          (i) indicate on the official register that the voter was not properly identified;
1875          (ii) issue the voter a provisional ballot;
1876          (iii) notify the voter that the voter will have until the close of normal office hours on
1877     Monday after the day of the election to present valid voter identification:
1878          (A) to the county clerk at the county clerk's office; or
1879          (B) to an election officer who is administering the election; and
1880          (iv) follow the procedures and requirements of Section [20A-3-105.5] 20A-3a-205.
1881          (d) If the person's right to vote is challenged as provided in Section [20A-3-202]
1882     20A-3a-803, the poll worker shall follow the procedures and requirements of Section
1883     [20A-3-105.5] 20A-3a-205.
1884          [(2) (a) The poll worker in charge of the official register shall check the official register
1885     to determine whether or not a person is registered to vote.]
1886          [(b) If the voter's name is not found on the official register, the poll worker shall follow
1887     the procedures and requirements of Section 20A-3-105.5.]

1888          [(3) If the poll worker determines that the voter is registered and:]
1889          [(a) if the ballot is a paper ballot or a ballot sheet:]
1890          [(i) the poll worker in charge of the official register shall:]
1891          [(A) write the ballot number opposite the name of the voter in the official register; and]
1892          [(B) direct the voter to sign the voter's name in the election column in the official
1893     register;]
1894          [(ii) another poll worker shall list the ballot number and voter's name in the pollbook;
1895     and]
1896          [(iii) the poll worker having charge of the ballots shall:]
1897          [(A) endorse the poll worker's initials on the stub;]
1898          [(B) check the name of the voter on the pollbook list with the number of the stub;]
1899          [(C) hand the voter a ballot; and]
1900          [(D) allow the voter to enter the voting booth; or]
1901          [(b) if the ballot is an electronic ballot:]
1902          [(i) the poll worker in charge of the official register shall direct the voter to sign the
1903     voter's name in the official register;]
1904          [(ii) another poll worker shall list the voter's name in the pollbook; and]
1905          [(iii) the poll worker having charge of the ballots shall:]
1906          [(A) provide the voter access to the electronic ballot; and]
1907          [(B) allow the voter to vote the electronic ballot.]
1908          [(4) Whenever the election officer is required to furnish more than one kind of official
1909     ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
1910     voter the kind of ballot that the voter is qualified to vote.]
1911          (3) A poll worker shall check the official register to determine whether:
1912          (a) a voter is registered to vote; and
1913          (b) if the election is a regular primary election or a presidential primary election,
1914     whether a voter's party affiliation designation in the official register allows the voter to vote the
1915     ballot that the voter requests.
1916          (4) (a) Except as provided in Subsection (5), if the voter's name is not found on the
1917     official register, the poll worker shall follow the procedures and requirements of Section
1918     20A-3a-205.

1919          (b) If, in a regular primary election or a presidential primary election, the official
1920     register does not affirmatively identify the voter as being affiliated with a registered political
1921     party or if the official register identifies the voter as being "unaffiliated," the voter shall be
1922     considered to be "unaffiliated."
1923          (5) In a regular primary election or a presidential primary election:
1924          (a) if a voter's name is not found on the official register, and if it is not unduly
1925     disruptive to the election process, the poll worker may attempt to contact the county clerk's
1926     office to request oral verification of the voter's registration;
1927          (b) if oral verification is received from the county clerk's office, the poll worker shall:
1928          (i) record the verification on the official register;
1929          (ii) determine the voter's party affiliation and the ballot that the voter is qualified to
1930     vote; and
1931          (iii) except as provided in Subsection (6), comply with Subsection (3).
1932          (6) (a) Except as provided in Subsection (6)(b), if, in a regular primary election or a
1933     presidential primary election, the voter's political party affiliation listed in the official register
1934     does not allow the voter to vote the ballot that the voter requested, the poll worker shall inform
1935     the voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
1936     does allow the voter to vote.
1937          (b) If, in a regular primary election or a presidential primary election, the voter is listed
1938     in the official register as unaffiliated, or if the official register does not affirmatively identify
1939     the voter as either unaffiliated or affiliated with a registered political party, and the voter, as an
1940     unaffiliated voter, is not authorized to vote the ballot that the voter requests, the poll worker
1941     shall:
1942          (i) ask the voter if the voter wishes to vote another registered political party ballot that
1943     the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
1944          (ii) (A) if the voter wishes to vote another registered political party ballot that the
1945     unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
1946     (3); or
1947          (B) if the voter wishes to remain unaffiliated and does not wish to vote another ballot
1948     that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
1949     voter may not vote.

1950          (7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions
1951     of Subsection (6), if the poll worker determines that the voter is registered, a poll worker shall:
1952          (a) direct the voter to sign the voter's name in the official register;
1953          (b) provide to the voter the ballot that the voter is qualified to vote; and
1954          (c) allow the voter to enter the voting booth.
1955          Section 37. Section 20A-3a-204 is enacted to read:
1956          20A-3a-204. Marking and depositing ballots.
1957          (1) To vote by mail:
1958          (a) except as provided in Subsection (6), the voter shall prepare the voter's manual
1959     ballot by marking the appropriate space with a mark opposite the name of each candidate of the
1960     voter's choice for each office to be filled;
1961          (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
1962     appropriate space with a mark opposite the answer the voter intends to make;
1963          (c) except as provided in Subsection (6), the voter shall record a write-in vote in
1964     accordance with Subsection 20A-3a-206(4);
1965          (d) except as provided in Subsection (6), a mark is not required opposite the name of a
1966     write-in candidate; and
1967          (e) the voter shall:
1968          (i) complete and sign the affidavit on the return envelope;
1969          (ii) place the voted ballot in the return envelope;
1970          (iii) securely seal the return envelope; and
1971          (iv) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
1972          (B) place the return envelope in a ballot drop box, designated by the election officer,
1973     for the precinct where the voter resides.
1974          (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
1975     mailed must be:
1976          (i) clearly postmarked before election day, or otherwise clearly marked by the post
1977     office as received by the post office before election day; and
1978          (ii) received in the office of the election officer before noon on the day of the official
1979     canvass following the election.
1980          (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls

1981     close on election day, be deposited in:
1982          (i) a ballot box at a polling place; or
1983          (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
1984     ballot relates.
1985          (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
1986     drop box in the wrong jurisdiction to the correct jurisdiction.
1987          (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
1988     ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
1989     deposit the ballot in the ballot drop box.
1990          (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
1991     complying with Subsections (1)(a) through (d):
1992          (a) sign the official register or pollbook; and
1993          (b) (i) place the ballot in the ballot box; or
1994          (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
1995     envelope, complete the information printed on the provisional ballot envelope, and deposit the
1996     provisional ballot envelope in the provisional ballot box.
1997          (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
1998          (b) An individual other than an individual with a disability may vote a mechanical
1999     ballot at a polling place if permitted by the election officer.
2000          (5) To vote a mechanical ballot, the voter shall:
2001          (a) make the selections according to the instructions provided for the voting device;
2002     and
2003          (b) subject to Subsection (6), record a write-in vote by:
2004          (i) selecting the appropriate position for entering a write-in candidate; and
2005          (ii) using the voting device to enter the name of the valid write-in candidate for whom
2006     the voter wishes to vote.
2007          (6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
2008     Municipal Alternate Voting Methods Pilot Project, a voter:
2009          (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
2010     first preference for the office; and
2011          (b) may indicate, as directed on the ballot, the names of the remaining candidates in

2012     order of the voter's preference.
2013          (7) A voter who votes at a polling place:
2014          (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
2015     area after voting; and
2016          (b) may not:
2017          (i) occupy a voting booth occupied by another, except as provided in Section
2018     20A-3a-208;
2019          (ii) remain within the voting area more than 10 minutes; or
2020          (iii) occupy a voting booth for more than five minutes if all booths are in use and other
2021     voters are waiting to occupy a voting booth.
2022          (8) If the official register shows any voter as having voted, that voter may not reenter
2023     the voting area during that election unless that voter is an election official or watcher.
2024          (9) A poll worker may not, at a polling place, allow more than four voters more than
2025     the number of voting booths into the voting area at one time unless those excess voters are:
2026          (a) election officials;
2027          (b) watchers; or
2028          (c) assisting voters with a disability.
2029          Section 38. Section 20A-3a-205, which is renumbered from Section 20A-3-105.5 is
2030     renumbered and amended to read:
2031          [20A-3-105.5].      20A-3a-205. Manner of voting -- Provisional ballot.
2032          (1) The poll workers shall follow the procedures and requirements of this section
2033     when:
2034          (a) the [person's] individual's right to vote is challenged as provided in Section
2035     [20A-3-202 or 20A-3-202.5] 20A-3a-803 or 20A-3a-805;
2036          (b) the [person's] individual's name is not found on the official register; or
2037          (c) the poll worker is not satisfied that the voter has provided valid voter identification.
2038          (2) When faced with one of the circumstances [outlined] described in Subsection (1)(a)
2039     or (b), the poll worker shall:
2040          (a) request that the [person] individual provide valid voter identification; and
2041          (b) review the identification provided by the [person] individual.
2042          (3) If the poll worker is satisfied that the [person] individual has provided valid voter

2043     identification that establishes the [person's] individual's identity and residence in the voting
2044     precinct [or within the county]:
2045          (a) the poll worker in charge of the official register shall:
2046          (i) record in the official register the type of identification that established the [person's]
2047     individual's identity and place of residence;
2048          (ii) [write] record the provisional ballot envelope number [opposite] in association with
2049     the name of the [voter in the official register] individual; and
2050          (iii) direct the [voter] individual to sign [his] the individual's name in the [election
2051     column in the] official register or pollbook; and
2052          [(b) another poll worker shall list the ballot number and voter's name in the pollbook;
2053     and]
2054          [(c)] (b) the poll worker having charge of the ballots shall:
2055          [(i) endorse his initials on the stub;]
2056          [(ii) check the name of the voter on the pollbook list with the number of the stub;]
2057          [(iii)] (i) give the [voter a ballot and] individual a provisional ballot [envelope]; and
2058          [(iv)] (ii) allow the [voter] individual to enter the voting booth.
2059          (4) If the poll worker is not satisfied that the [voter] individual has provided valid voter
2060     identification that establishes the [person's] individual's identity and residence in the voting
2061     precinct [or within the county]:
2062          (a) the poll worker in charge of the official register shall:
2063          (i) record in the official register that the voter did not provide valid voter identification;
2064          (ii) record in the official register the type of identification that was provided by the
2065     [voter] individual, if any;
2066          (iii) [write] record the provisional ballot envelope number [opposite] in association
2067     with the name of the [voter in the official register] individual; and
2068          (iv) direct the [voter] individual to sign [his] the individual's name in the [election
2069     column in the] official register or pollbook; and
2070          [(b) another poll worker shall list the ballot number and voter's name in the pollbook;
2071     and]
2072          [(c)] (b) the poll worker having charge of the ballots shall:
2073          [(i) endorse his initials on the stub;]

2074          [(ii) check the name of the voter on the pollbook list with the number of the stub;]
2075          [(iii)] (i) give the [voter a ballot and] individual a provisional ballot [envelope]; and
2076          [(iv)] (ii) allow the [voter] individual to enter the voting booth.
2077          (5) [Whenever] When, at a polling place, the election officer is required to furnish
2078     more than one [kind of official] version of a ballot [to a voting precinct], the poll workers [of
2079     that voting precinct] at that polling place shall give the registered voter the [kind of] version of
2080     the ballot that the voter is qualified to vote.
2081          Section 39. Section 20A-3a-206, which is renumbered from Section 20A-3-106 is
2082     renumbered and amended to read:
2083          [20A-3-106].      20A-3a-206. Voting straight ticket -- Splitting ballot --
2084     Writing in names -- Effect of unnecessary marking.
2085          (1) When voting a [paper] manual ballot, any voter desiring to vote for all the
2086     candidates who are listed on the ballot as being from any one registered political party may:
2087          (a) mark in the [circle or position above] space next to that political party;
2088          (b) mark in the [squares or position] space opposite the names of all candidates for that
2089     party ticket; or
2090          (c) make both markings.
2091          [(2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates
2092     who are listed on the ballot as being from any one registered political party may:]
2093          [(i) mark the selected party on the straight party page or section; or]
2094          [(ii) mark the name of each candidate from that party.]
2095          [(b) To vote for candidates from two or more political parties, the voter may:]
2096          [(i) mark in the squares or positions opposite the names of the candidates for whom the
2097     voter wishes to vote without marking in any circle; or]
2098          [(ii) indicate the voter's choice by:]
2099          [(A) marking in the circle or position above one political party; and]
2100          [(B) marking in the squares or positions opposite the names of desired candidates who
2101     are members of any party, are unaffiliated, or are listed without party name.]
2102          [(3) (a)] (2) When voting [an electronic] a mechanical ballot, any voter desiring to vote
2103     for all the candidates who are listed on the ballot as being from any one registered political
2104     party may:

2105          [(i)] (a) select that party on the straight party selection area; or
2106          [(ii)] (b) select the name of each candidate from that party.
2107          [(b) To vote for candidates from two or more political parties, the voter may:]
2108          [(i) select the names of the candidates for whom the voter wishes to vote without
2109     selecting a political party in the straight party selection area; or]
2110          [(ii) (A) select a political party in the straight party selection area; and]
2111          [(B) select the names of the candidates for whom the voter wishes to vote who are
2112     members of any party, are unaffiliated, or are listed without party name.]
2113          [(4)] (3) In any election other than a primary election, if a voter voting a ballot has
2114     selected or placed a mark next to a party name in order to vote a straight party ticket and wishes
2115     to vote for a person on another party ticket for an office, or for an unaffiliated candidate, the
2116     voter shall select or mark the ballot next to the name of the candidate for whom the voter
2117     wishes to vote.
2118          [(5)] (4) (a) The voter may cast a write-in vote on a [paper ballot or ballot sheet]
2119     manual ballot by writing the name of a valid write-in candidate in the blank write-in section of
2120     the ballot.
2121          (b) A voter may not cast a write-in vote on a [paper ballot or ballot sheet] manual
2122     ballot by affixing a sticker or label with the name of a write-in candidate in the blank write-in
2123     section of the ballot.
2124          [(6)] (5) The voter may cast a write-in vote on [an electronic] a mechanical ballot by:
2125          (a) marking the appropriate position opposite the area for entering a write-in candidate
2126     for the office sought by the candidate for whom the voter wishes to vote; and
2127          (b) entering the name of a valid write-in candidate in the write-in selection area.
2128          Section 40. Section 20A-3a-207, which is renumbered from Section 20A-3-107 is
2129     renumbered and amended to read:
2130          [20A-3-107].      20A-3a-207. No ballots may be taken away -- Spoiled ballots.
2131          [(1) A person may not take or remove any ballot from the polling place before the close
2132     of the polls.]
2133          [(2)] (1) If any voter spoils a ballot, [he] the voter may successively obtain others, one
2134     at a time, not exceeding three in all, upon returning each spoiled one.
2135          [(3)] (2) If any ballot is spoiled by the printer or a poll worker, the poll worker shall

2136     give the voter a new ballot.
2137          [(4)] (3) The poll worker shall:
2138          (a) immediately write the word "spoiled" across the face of the ballot; and
2139          (b) place the ballot in the envelope for spoiled ballots.
2140          Section 41. Section 20A-3a-208, which is renumbered from Section 20A-3-108 is
2141     renumbered and amended to read:
2142          [20A-3-108].      20A-3a-208. Assisting disabled, illiterate, or blind voters.
2143          (1) Any voter who has a disability, or is blind, unable to read or write, unable to read or
2144     write the English language, or is physically unable to enter a polling place, may be given
2145     assistance by [a person] an individual of the voter's choice.
2146          (2) The [person] individual providing assistance may not be:
2147          (a) the voter's employer;
2148          (b) an agent of the employer;
2149          (c) an officer or agent of the voter's union; or
2150          (d) a candidate.
2151          (3) The person providing assistance may not request, persuade, or otherwise induce the
2152     voter to vote for or vote against any particular candidate or issue or release any information
2153     regarding the voter's selection.
2154          [(4) Each time a voter is assisted, the poll worker shall note that fact in the official
2155     register and the pollbook.]
2156          Section 42. Section 20A-3a-209, which is renumbered from Section 20A-3-109 is
2157     renumbered and amended to read:
2158          [20A-3-109].      20A-3a-209. Instructions to voters.
2159          (1) If any voter, after entering [the] a voting booth, asks for further instructions
2160     concerning the manner of voting, two poll workers, each from a different political party, shall
2161     instruct the voter.
2162          (2) After instructing the voter, and before the voter [has cast his] casts a vote, the poll
2163     worker shall leave the voting booth so that the voter may vote in secret.
2164          (3) A poll worker instructing a voter about the voting process may not request, suggest,
2165     or seek to persuade or induce the voter to vote for or against any particular ticket, any particular
2166     candidate, or for or against any ballot proposition.

2167          Section 43. Section 20A-3a-301, which is renumbered from Section 20A-3-306.5 is
2168     renumbered and amended to read:
2169     
Part 3. Emergency Ballots

2170          [20A-3-306.5].      20A-3a-301. Emergency ballots.
2171          (1) As used in this section, "hospitalized voter" means a registered voter who:
2172          (a) is hospitalized or otherwise confined to a medical or long-term care institution
2173     [after the deadline for filing an application for an absentee ballot established in Section
2174     20A-3-304.];
2175          (b) does not have a manual ballot in the voter's immediate possession;
2176          (c) is able to vote a manual ballot; and
2177          (d) is not able to acquire a manual ballot without the assistance of another individual.
2178          (2) [Notwithstanding any other provision of this part, a] A hospitalized voter may, in
2179     accordance with this section, obtain [an absentee ballot and vote] a manual ballot to use as an
2180     emergency ballot and vote at any time after the election officer mails manual ballots to the
2181     majority of voters and before the close of polls on election day [by following the procedures
2182     and requirements of this section].
2183          (3) (a) Any individual may obtain an [absentee] emergency ballot application, [an
2184     absentee] a manual ballot, and [an absentee] a manual ballot envelope from the election officer
2185     on behalf of a hospitalized voter by requesting a ballot and application in person at the election
2186     officer's office during business hours.
2187          (b) The election officer shall require the individual to sign a statement identifying the
2188     individual and the hospitalized voter.
2189          (4) To vote, the hospitalized voter shall complete the [absentee] emergency ballot
2190     application, complete and sign the [application] affidavit on the [absentee] manual ballot
2191     envelope, mark the voter's votes on the [absentee] manual ballot, place the [absentee] manual
2192     ballot into the envelope, and seal the envelope unless a different method is authorized under
2193     Section 20A-1-308.
2194          (5) To be counted, the [absentee] emergency voter application and the sealed
2195     [absentee] manual ballot envelope must be returned to the election officer's office [before the
2196     polls close on election day unless a different time is authorized under Section 20A-1-308] in
2197     accordance with the requirements of this chapter.

2198          Section 44. Section 20A-3a-401, which is renumbered from Section 20A-3-308 is
2199     renumbered and amended to read:
2200     
Part 4. Disposition of Ballots

2201          [20A-3-308].      20A-3a-401. Custody of voted ballots mailed or deposited in
2202     a ballot drop box -- Disposition -- Notice.
2203          (1) This section governs ballots returned by mail or via a ballot drop box.
2204          [(1)] (2) (a) [Voting precinct poll] Poll workers shall open return envelopes containing
2205     [absentee] manual ballots that are in [their] the custody of the poll workers [on election day at
2206     the polling places during the time the polls are open as provided in this] in accordance with
2207     Subsection [(1)] (2)(b).
2208          (b) The poll workers shall[: (i) first, open the outer envelope only; and (ii)], first,
2209     compare the signature of the voter on the [application with] affidavit of the return envelope to
2210     the signature [on the affidavit] of the voter in the voter registration records.
2211          [(2) (a) The poll workers shall carefully open and remove the absentee voter envelope
2212     so as not to destroy the affidavit on the envelope if they find that:]
2213          [(i) the affidavit is sufficient;]
2214          [(ii) the signatures correspond; and]
2215          [(iii) the applicant is registered to vote in that voting precinct and has not voted in that
2216     election.]
2217          [(b) If, after opening the absentee voter envelope, the poll worker finds that a
2218     provisional ballot envelope is enclosed, the poll worker shall:]
2219          [(i) record, in the official register, whether:]
2220          [(A) the voter included valid voter identification; or]
2221          [(B) a covered voter, as defined in Section 20A-16-102, did not provide valid voter
2222     identification as permitted by Public Law 107-252, the Help America Vote Act of 2002;]
2223          [(ii) if any type of identification was included, record the type of identification
2224     provided by the voter in the appropriate space in the official register;]
2225          [(iii) record the provisional ballot number on the official register; and]
2226          [(iv) place the provisional ballot envelope with the other provisional ballot envelopes
2227     to be transmitted to the county clerk.]
2228          [(c) If the absentee ballot is not a provisional ballot, the poll workers shall:]

2229          [(i) remove the absentee ballot from the envelope without unfolding it or permitting it
2230     to be opened or examined;]
2231          [(ii) initial the stub in the same manner as for other ballots;]
2232          [(iii) remove the stub from the ballot;]
2233          [(iv) deposit the ballot in the ballot box; and]
2234          [(v) mark the official register and pollbook to show that the voter has voted.]
2235          (3) After complying with Subsection (2), the poll workers shall determine whether:
2236          (a) the signatures correspond;
2237          (b) the affidavit is sufficient;
2238          (c) the voter is registered to vote in the correct precinct;
2239          (d) the voter's right to vote the ballot has been challenged;
2240          (e) the voter has already voted in the election;
2241          (f) the voter is required to provide valid voter identification; and
2242          (g) if the voter is required to provide valid voter identification, whether the voter has
2243     provided valid voter identification.
2244          (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
2245     workers determine that:
2246          (i) the signatures correspond;
2247          (ii) the affidavit is sufficient;
2248          (iii) the voter is registered to vote in the correct precinct;
2249          (iv) the voter's right to vote the ballot has not been challenged;
2250          (v) the voter has not already voted in the election; and
2251          (vi) for a voter required to provide valid voter identification, that the voter has
2252     provided valid voter identification.
2253          (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
2254     workers shall:
2255          (i) remove the manual ballot from the return envelope in a manner that does not
2256     destroy the affidavit on the return envelope;
2257          (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
2258     with the return envelope; and
2259          (iii) place the ballot with the other ballots to be counted.

2260          [(3)] (c) If the poll workers [determine that the affidavit is insufficient, or that the
2261     signatures do not correspond, or that the applicant is not a registered voter in the voting
2262     precinct, they] do not make all of the findings described in Subsection (4)(a), the poll workers
2263     shall:
2264          [(a)] (i) disallow the vote; [and]
2265          [(b)] (ii) without opening the [absentee voter] return envelope, mark across the face of
2266     the return envelope:
2267          [(i)] (A) "Rejected as defective"; or
2268          [(ii)] (B) "Rejected as not a registered voter[.]"; and
2269          [(4) The poll workers shall deposit the absentee voter envelope, when the absentee
2270     ballot is voted, and the absentee voter envelope with its contents unopened when the absent
2271     vote is rejected, in the ballot box containing the ballots.]
2272          (iii) place the return envelope, unopened, with the other rejected return envelopes.
2273          (5) (a) If the [election officer rejects] poll workers reject an individual's [absentee]
2274     ballot because the [election officer determines] poll workers determine that the signature on the
2275     [ballot] return envelope does not match the individual's signature [that is maintained on file] in
2276     the voter registration records, the election officer shall contact the individual in accordance
2277     with Subsection (7) by mail, email, text message, or phone, and inform the individual:
2278          (i) that the individual's signature is in question;
2279          (ii) how the individual may resolve the issue;
2280          (iii) that, in order for the ballot to be counted, the individual is required to deliver to
2281     the election officer a correctly completed affidavit, provided by the county clerk, that meets the
2282     requirements described in Subsection (5)(b).
2283          (b) An affidavit described in Subsection (5)(a)(iii) shall include:
2284          (i) an attestation that the individual voted the [absentee] ballot;
2285          (ii) a space for the individual to enter the individual's name, date of birth, and driver
2286     license number or the last four digits of the individual's social security number;
2287          (iii) a space for the individual to sign the affidavit; and
2288          (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
2289     governor's and county clerk's use of the individual's signature on the affidavit for voter
2290     identification purposes.

2291          (c) In order for an individual described in Subsection (5)(a) to have the individual's
2292     ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
2293     election officer.
2294          (d) An election officer who receives a signed affidavit under Subsection (5)(c) shall
2295     immediately:
2296          (i) scan the signature on the affidavit electronically and keep the signature on file in the
2297     statewide voter registration database developed under Section 20A-2-109; and
2298          (ii) if the election officer receives the affidavit no later than 5 p.m. the day before the
2299     canvass, count the individual's ballot.
2300          (6) [An election officer who rejects] If the poll workers reject an individual's [absentee]
2301     ballot for any reason, other than the reason described in Subsection (5)(a), the election officer
2302     shall notify the individual of the rejection in accordance with Subsection (7) by mail, email,
2303     text message, or phone and specify the reason for the rejection.
2304          (7) An election officer who is required to give notice under Subsection (5) or (6) shall
2305     give the notice no later than:
2306          (a) if the election officer rejects the [absentee] ballot before election day:
2307          (i) one business day after the day on which the election officer rejects the [absentee]
2308     ballot, if the election officer gives the notice by email or text message; or
2309          (ii) two business days after the day on which the election officer rejects the [absentee]
2310     ballot, if the election officer gives the notice by postal mail or phone;
2311          (b) seven days after election day if the election officer rejects the [absentee] ballot on
2312     election day; or
2313          (c) seven days after the canvass if the election officer rejects the [absentee] ballot after
2314     election day and before the end of the canvass.
2315          (8) An election officer may not count the [absentee] ballot of an individual whom the
2316     election officer contacts under Subsection (5) or (6) unless the election officer receives a signed
2317     affidavit from the individual under Subsection (5)(b) or is otherwise able to establish contact
2318     with the individual to confirm the individual's identity.
2319          (9) The election officer shall retain and preserve the [absentee voter] return envelopes
2320     in the manner provided by law for the retention and preservation of [official] ballots voted at
2321     that election.

2322          Section 45. Section 20A-3a-402, which is renumbered from Section 20A-3-309 is
2323     renumbered and amended to read:
2324          [20A-3-309].      20A-3a-402. Custody of ballots voted at a polling place --
2325     Disposition -- Counting -- Release of number of ballots cast.
2326          (1) This section governs ballots voted at a polling place.
2327          [(1)] (2) (a) The election officer shall deliver all return envelopes containing valid
2328     [absentee] ballots and valid provisional ballots that are in the election officer's custody to the
2329     [place of the official canvass of the election by] counting center before noon on the day of the
2330     official canvass following the election.
2331          [(2) (a)] (b) Valid [absentee] ballots [and], including valid provisional ballots, may be
2332     processed and counted:
2333          (i) by the election officer, or poll workers acting under the supervision of the election
2334     officer, before the date of the canvass; and
2335          (ii) at the canvass, by the election officer or poll workers, acting under the supervision
2336     of the official canvassers of the election.
2337          [(b)] (c) When processing ballots, the election officer and poll workers shall comply
2338     with the procedures and requirements of Section [20A-3-308] 20A-3a-401 in opening
2339     envelopes, verifying signatures, confirming eligibility of the ballots, and depositing [them in a
2340     ballot box] ballots in preparation for counting.
2341          (3) (a) After all valid [absentee] ballots [and], including valid provisional ballots have
2342     been deposited, the ballots shall be counted in the usual manner.
2343          (b) After the polls close on the date of the election, the election officer shall publicly
2344     release the results of those [absentee] ballots [and], including provisional ballots, that have
2345     been counted on or before the date of the election.
2346          (c) Except as provided in Subsection (3)(d), on each day, beginning on the day after the
2347     date of the election and ending on the day before the date of the canvass, the election officer
2348     shall publicly release the results of all [absentee] ballots [and], including provisional ballots,
2349     counted on that day.
2350          (d) (i) If complying with Subsection (3)(c) on a particular day will likely result in
2351     disclosing a vote cast by an individual voter, the election officer shall request permission from
2352     the lieutenant governor to delay compliance for the minimum number of days necessary to

2353     protect against disclosure of the voter's vote.
2354          (ii) The lieutenant governor shall grant a request made under Subsection (3)(d)(i) if the
2355     lieutenant governor finds that the delay is necessary to protect against disclosure of a voter's
2356     vote.
2357          (e) On the date of the canvass, the election officer shall provide a tally of all [absentee]
2358     ballots [and], including provisional ballots, counted, and the resulting tally shall be added to
2359     the official canvass of the election.
2360          (4) (a) On the day after the date of the election, the election officer shall determine the
2361     number of [absentee] ballots received by the election officer at that time and shall make that
2362     number available to the public.
2363          (b) The election officer may elect to publicly release updated totals for the number of
2364     [absentee] ballots received by the election officer up through the date of the canvass.
2365          Section 46. Section 20A-3a-403, which is renumbered from Section 20A-3-310 is
2366     renumbered and amended to read:
2367          [20A-3-310].      20A-3a-403. Frauds and malfeasance in voting -- Penalty.
2368          (1) (a) It is unlawful for any person to willfully falsify the [absentee] voter affidavits
2369     required by this part.
2370          (b) Any person violating this [subsection] Subsection (1) is guilty of perjury and may
2371     be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
2372     Matters.
2373          (2) (a) It is unlawful for any election officer to:
2374          (i) refuse or neglect to perform any of the duties required by this part; or
2375          (ii) violate any of the provisions of this part.
2376          (b) Any person who violates this [subsection] Subsection (2) is guilty of a class B
2377     misdemeanor.
2378          Section 47. Section 20A-3a-501, which is renumbered from Section 20A-3-501 is
2379     renumbered and amended to read:
2380     
Part 5. Voting Offenses

2381          [20A-3-501].      20A-3a-501. Polling place -- Prohibited activities.
2382          (1) As used in this section:
2383          (a) "electioneering" includes any oral, printed, or written attempt to persuade persons to

2384     refrain from voting or to vote for or vote against any candidate or issue; and
2385          (b) "polling place" means the physical place where ballots [and absentee ballots] are
2386     cast and includes [the county clerk's office or city hall during the period in which absentee
2387     ballots may be cast there] the physical place where a ballot drop box is located.
2388          (2) (a) [A person] An individual may not, within a polling place or in any public area
2389     within 150 feet of the building where a polling place is located:
2390          (i) do any electioneering;
2391          (ii) circulate cards or handbills of any kind;
2392          (iii) solicit signatures to any kind of petition; or
2393          (iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
2394     the administration of the polling place.
2395          (b) A county, municipality, school district, or local district may not prohibit
2396     electioneering that occurs more than 150 feet from the building where a polling place is
2397     located, but may regulate the place and manner of that electioneering to protect the public
2398     safety.
2399          (3) (a) [A person] An individual may not obstruct the doors or entries to a building in
2400     which a polling place is located or prevent free access to and from any polling place.
2401          (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
2402     obstruction of the entrance to a polling place and may arrest [any person] an individual creating
2403     an obstruction.
2404          (4) [A person] An individual may not[: (a) remove any ballot from the polling place
2405     before the closing of the polls, except as provided in Section 20A-4-101; or (b)] solicit any
2406     voter to show [his] the voter's ballot.
2407          (5) [A person] An individual may not receive a voted ballot from any voter or deliver
2408     an unused ballot to a voter unless that [person] individual is a poll worker.
2409          (6) [Any person] An individual who violates any provision of this section is guilty of a
2410     class A misdemeanor.
2411          (7) A political subdivision may not prohibit political signs that are located more than
2412     150 feet away from a polling place, but may regulate their placement to protect public safety.
2413          Section 48. Section 20A-3a-502 is enacted to read:
2414          20A-3a-502. Intimidation -- Undue influence.

2415          (1) It is unlawful for a person to induce or compel an individual to vote or refrain from
2416     voting at an election provided by law or to vote or refrain from voting for a particular
2417     individual or measure at an election provided by law, directly or indirectly, by:
2418          (a) using force, violence, or restraint;
2419          (b) inflicting or threatening to inflict injury, damage, harm, or loss; or
2420          (c) by intimidation.
2421          (2) It is unlawful for a person to, by abduction, force, or fraud, impede, prevent, or
2422     otherwise interfere with the free exercise of the elective franchise of any voter, either in voting
2423     at any election provided by law or voting or refraining from voting for a particular individual or
2424     measure at an election provided by law.
2425          (3) It is unlawful for a person to:
2426          (a) enclose in the salary or wage envelopes of an employee of the person, political
2427     mottoes, devices, or arguments containing threats, express or implied, intended or calculated to
2428     influence the political opinion, views, or action of the employee; or
2429          (b) within 90 days before the day of an election provided by law, post or otherwise
2430     exhibit, in a location where the person's employees may be working or may be present in the
2431     course of employment, any handbill, notice, or placard containing any threat, notice, or
2432     information, that if any particular ticket or candidate is or is not elected:
2433          (i) work performed by the person's employees will cease in whole or in part;
2434          (ii) the workplace will close;
2435          (iii) wages of workforce will be reduced; or
2436          (iv) other adverse consequences, under the control of the person, will result.
2437          (4) Violation of this section is a class B misdemeanor.
2438          Section 49. Section 20A-3a-503, which is renumbered from Section 20A-3-503 is
2439     renumbered and amended to read:
2440          [20A-3-503].      20A-3a-503. Influencing employee's vote.
2441          (1) It is unlawful for any corporation, or any officer or agent of any corporation, to
2442     influence, or attempt to influence, induce, or compel by force, violence, or restraint, or by
2443     inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from
2444     employment or promoting in employment, or by intimidation, or in any manner whatever, any
2445     employee to vote or refrain from voting at any election provided by law, or to vote or refrain

2446     from voting for any particular person or measure at that election.
2447          (2) (a) Any corporation or any officer or agent of that corporation who violates any of
2448     the provisions of this section is guilty of a class B misdemeanor.
2449          (b) Any corporation violating any of the provisions of this section shall forfeit its
2450     charter and right to do business in this state in addition to any other penalties imposed by law.
2451          Section 50. Section 20A-3a-504, which is renumbered from Section 20A-3-504 is
2452     renumbered and amended to read:
2453          [20A-3-504].      20A-3a-504. Violations -- Penalties.
2454          (1) Except as [allowed by] provided in Subsection (3) or Section [20A-3-108]
2455     20a-3a-208, an individual is guilty of a class C misdemeanor if the individual:
2456          (a) allows the individual's ballot to be seen by another with the intent to reveal how the
2457     individual is about to vote;
2458          (b) states falsely that the individual is unable to mark the individual's ballot;
2459          (c) interferes or attempts to interfere with any individual who is inside the voting booth
2460     or who is marking a ballot;
2461          (d) induces or attempts to induce any voter who is inside a voting booth or who is
2462     marking a ballot to vote to show how the voter marked the voter's ballot; or
2463          (e) takes a photograph of a ballot, other than the individual's own ballot, at a polling
2464     place.
2465          (2) The election judges and clerks shall report any individual who violates this section
2466     to the county attorney or district attorney having state criminal jurisdiction for prosecution.
2467          (3) Subsection (1) does not prohibit an individual from transferring a photograph of the
2468     individual's own ballot in a manner that allows the photograph to be viewed by the individual
2469     or another.
2470          Section 51. Section 20A-3a-505, which is renumbered from Section 20A-3-505 is
2471     renumbered and amended to read:
2472          [20A-3-505].      20A-3a-505. False impersonation -- Double voting.
2473          (1) (a) [A person] An individual may not [apply for a ballot]:
2474          (i) apply for a ballot in the name of [some other person] another individual, regardless
2475     of whether [it is that of a person] the other individual is living or dead, or [of] is a fictitious
2476     person; [or]

2477          (ii) after having voted once at an election, apply again at the same election for a ballot
2478     in the [person's] individual's own name or any other name[.]; or
2479          (iii) sign the affidavit on a return envelope for another individual.
2480          (b) [Any person] An individual who violates Subsection (1)(a) is guilty of a third
2481     degree felony.
2482          (2) (a) [A person] An individual may not aid, assist, counsel, or procure another
2483     [person] individual to commit the felony [prohibited] described in Subsection (1)(a).
2484          (b) [Any person] An individual who violates Subsection (2)(a) is guilty of a class A
2485     misdemeanor.
2486          Section 52. Section 20A-3a-506, which is renumbered from Section 20A-3-506 is
2487     renumbered and amended to read:
2488          [20A-3-506].      20A-3a-506. False information on provisional ballot
2489     envelope.
2490          (1) [A person] An individual may not wilfully falsify information on a provisional
2491     ballot envelope.
2492          (2) [A person] An individual who violates this section is guilty of a class B
2493     misdemeanor.
2494          Section 53. Section 20A-3a-601, which is renumbered from Section 20A-3-601 is
2495     renumbered and amended to read:
2496     
Part 6. Early Voting

2497          [20A-3-601].      20A-3a-601. Early voting.
2498          (1) Except as provided in Section 20A-7-609.5:
2499          (a) [An] an individual who is registered to vote may vote at a polling place before the
2500     election date in accordance with this section[.]; and
2501          (b) [An] an individual who is not registered to vote may register to vote and vote at a
2502     polling place before the election date in accordance with this section if the individual:
2503          (i) is otherwise legally entitled to vote the ballot; and
2504          (ii) casts a provisional ballot in accordance with Section 20A-2-207.
2505          (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period
2506     [shall]:
2507          (a) [begin] begins on the date that is 14 days before the date of the election; and

2508          (b) [continue] continues through the Friday before the election if the election date is a
2509     Tuesday.
2510          (3) (a) An election officer may extend the end of the early voting period to the day
2511     before the election date if the election officer provides notice of the extension in accordance
2512     with Section [20A-3-604] 20A-3a-604.
2513          (b) For a municipal election, the municipal clerk may reduce the early voting period
2514     described in this section if:
2515          (i) the municipal clerk conducts early voting on at least four days;
2516          (ii) the early voting days are within the period beginning on the date that is 14 days
2517     before the date of the election and ending on the day before the election; and
2518          (iii) the municipal clerk provides notice of the reduced early voting period in
2519     accordance with Section [20A-3-604] 20A-3a-604.
2520          (c) For a county election [that is conducted entirely by mail], the county clerk may
2521     reduce the early voting period described in this section if:
2522          (i) the county clerk conducts early voting on at least four days;
2523          (ii) the early voting days are within the period beginning on the date that is 14 days
2524     before the date of the election and ending on the day before the election; and
2525          (iii) the county clerk provides notice of the reduced early voting period in accordance
2526     with Section [20A-3-604] 20A-3a-604.
2527          (4) Except as provided in Section 20A-1-308, during the early voting period, the
2528     election officer:
2529          (a) for a local special election, a municipal primary election, and a municipal general
2530     election:
2531          (i) shall conduct early voting on a minimum of four days during each week of the early
2532     voting period; and
2533          (ii) shall conduct early voting on the last day of the early voting period; and
2534          (b) for all other elections:
2535          (i) shall conduct early voting on each weekday; and
2536          (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
2537          (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
2538     early voting shall be administered [according to] in accordance with the requirements of this

2539     title.
2540          Section 54. Section 20A-3a-602, which is renumbered from Section 20A-3-602 is
2541     renumbered and amended to read:
2542          [20A-3-602].      20A-3a-602. Hours for early voting.
2543          (1) Except as provided in Section 20A-1-308, the election officer shall determine the
2544     times for opening and closing the polls for each day of early voting provided that voting is open
2545     for a minimum of four hours during each day that polls are open during the early voting period.
2546          (2) Except as provided in Section 20A-1-308, each registered voter who arrives at the
2547     polls before the time scheduled for closing of the polls shall be allowed to vote.
2548          Section 55. Section 20A-3a-603, which is renumbered from Section 20A-3-603 is
2549     renumbered and amended to read:
2550          [20A-3-603].      20A-3a-603. Early voting polling places.
2551          (1) Except as provided in Section 20A-1-308 or 20A-7-609.5, the election officer shall
2552     designate one or more polling places for early voting, [provided that] as follows:
2553          (a) at least one polling place [is] shall be open on each day that polls are open during
2554     the early voting period;
2555          (b) each polling place [meets] shall comply with the requirements for polling places
2556     under Chapter 5, Election Administration;
2557          (c) for all elections other than local special elections, municipal primary elections, and
2558     municipal general elections, at least 10% of the voting devices at a polling place [are] shall be
2559     accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
2560     America Vote Act of 2002; and
2561          (d) each polling place [is] shall be located in a government building or office, unless
2562     the election officer determines that, in the area designated by the election officer, there is no
2563     government building or office available that:
2564          (i) can be scheduled for use during early voting hours;
2565          (ii) has the physical facilities necessary to accommodate early voting requirements;
2566          (iii) has adequate space for voting equipment, poll workers, and voters; and
2567          (iv) has adequate security, public accessibility, and parking.
2568          (2) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2569     deadline described in Section [20A-3-604] 20A-3a-604:

2570          (i) if necessary, change the location of an early voting place; or
2571          (ii) if the election officer determines that the number of early voting polling places is
2572     insufficient due to the number of registered voters who are voting, designate additional polling
2573     places during the early voting period.
2574          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2575     location of an early voting polling place or designates an additional early voting polling place,
2576     the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
2577     location of the changed early voting polling place or the additional early voting polling place:
2578          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
2579          (ii) by posting the information on the website of the election officer, if available; and
2580          (iii) by posting notice:
2581          (A) for a change in the location of an early voting polling place, at the new location
2582     and, if possible, the old location; and
2583          (B) for an additional early voting polling place, at the additional early voting polling
2584     place.
2585          (3) Except as provided in Section 20A-1-308, for each regular general election and
2586     regular primary election, counties of the first class shall ensure that the early voting polling
2587     places are approximately proportionately distributed based on population within the county.
2588          Section 56. Section 20A-3a-604, which is renumbered from Section 20A-3-604 is
2589     renumbered and amended to read:
2590          [20A-3-604].      20A-3a-604. Notice of time and place of early voting.
2591          (1) Except as provided in Section 20A-1-308 or Subsection [20A-3-603]
2592     20A-3a-603(2), the election officer shall, at least 19 days before the date of the election,
2593     publish notice of the dates, times, and locations of early voting:
2594          (a) (i) in one issue of a newspaper of general circulation in the county;
2595          (ii) if there is no newspaper of general circulation in the county, in addition to posting
2596     the notice described in Subsection (1)(b), by posting one notice, and at least one additional
2597     notice per 2,000 population of the county, in places within the county that are most likely to
2598     give notice to the residents in the county; or
2599          (iii) by mailing notice to each registered voter in the county;
2600          (b) by posting the notice at each early voting polling place;

2601          (c) on the Utah Public Notice Website created in Section 63F-1-701, for 19 days before
2602     the day of the election;
2603          (d) in accordance with Section 45-1-101, for 19 days before the date of the election;
2604     and
2605          (e) on the county's website for 19 days before the day of the election.
2606          (2) Instead of publishing all dates, times, and locations of early voting under
2607     Subsection (1), the election officer may publish a statement that specifies the following sources
2608     where a voter may view or obtain a copy of all dates, times, and locations of early voting:
2609          (a) the county's website;
2610          (b) the physical address of the county's offices; and
2611          (c) a mailing address and telephone number.
2612          (3) The election officer shall include in the notice described in Subsection (1):
2613          (a) the address of the Statewide Electronic Voter Information Website and, if available,
2614     the address of the election officer's website, with a statement indicating that the election officer
2615     will post on the website the location of each early voting polling place, including any changes
2616     to the location of an early voting polling place and the location of additional early voting
2617     polling places; and
2618          (b) a phone number that a voter may call to obtain information regarding the location
2619     of an early voting polling place.
2620          Section 57. Section 20A-3a-605, which is renumbered from Section 20A-3-605 is
2621     renumbered and amended to read:
2622          [20A-3-605].      20A-3a-605. Exemptions from early voting.
2623          (1) (a) This part does not apply to an election of a board member of a local district.
2624          (b) Notwithstanding Subsection (1)(a), a local district may, [at its] in the local district's
2625     discretion, provide early voting in accordance with this part for [an] election of a board
2626     member.
2627          (2) Notwithstanding the requirements of Section 20A-3-601, a municipality of the fifth
2628     class or a town as described in Section 10-2-301 may provide early voting as provided under
2629     this part for:
2630          (a) a municipal primary election; or
2631          (b) a municipal general election.

2632          (3) A municipality [that administers an election entirely by absentee ballot, in
2633     accordance with Section 20A-3-302,] is not required to conduct early voting for the election.
2634          Section 58. Section 20A-3a-701, which is renumbered from Section 20A-3-701 is
2635     renumbered and amended to read:
2636     
Part 7. Election Day Voting Center

2637          [20A-3-701].      20A-3a-701. Definitions.
2638          As used in this part:
2639          (1) "Election day voting center" means a polling place designated by an election officer
2640     to provide for voting on election day for [a person] an individual who:
2641          (a) is eligible to vote; and
2642          (b) resides within the political subdivision holding the election.
2643          (2) "Voting center ballot" means a regular ballot that:
2644          (a) is provided at an election day voting center; and
2645          (b) may be retrieved by the election official during the canvass if the voter cast a ballot
2646     at another location or before election day.
2647          Section 59. Section 20A-3a-702, which is renumbered from Section 20A-3-702 is
2648     renumbered and amended to read:
2649          [20A-3-702].      20A-3a-702. Election day voting center -- Hours of operation
2650     -- Compliance with Election Code.
2651          (1) [An] Except as provided in Section 20A-7-609.5, an election officer may operate an
2652     election day voting center in one or more locations designated under Section [20A-3-703]
2653     20A-3a-703.
2654          (2) An election officer shall provide for voting at an election day voting center by:
2655          (a) regular ballot if:
2656          (i) (A) the election day voting center is designated under Section 20A-5-403 as the
2657     polling place for the voting precinct in which the voter resides; and
2658          (B) the voter is eligible to vote [using] a regular ballot at the election day voting center
2659     in accordance with this title; or
2660          (ii) (A) the voter resides within the political subdivision holding the election;
2661          (B) the voter is otherwise eligible to vote [using] a regular ballot in accordance with
2662     this title; and

2663          (C) the jurisdiction holding the election uses a method that confirms that the voter has
2664     not voted previously in the election;
2665          (b) voting center ballot if:
2666          (i) the election day voting center is not designated under Section 20A-5-403 as the
2667     polling place for the voting precinct in which the voter resides;
2668          (ii) the voter resides within the political subdivision holding the election; and
2669          (iii) the voter is otherwise eligible to vote [using] a regular ballot in accordance with
2670     this title; or
2671          (c) provisional ballot if the voter is only eligible to vote using a provisional ballot in
2672     accordance with this title.
2673          (3) An election officer shall ensure that an election day voting center:
2674          (a) is open on election day during the time period specified under Section 20A-1-302;
2675          (b) allows an eligible voter to vote if the voter:
2676          (i) resides within the political subdivision holding an election; and
2677          (ii) arrives at the election day voting center by the designated closing time in
2678     accordance with Section 20A-1-302; and
2679          (c) is administered according to the requirements of this title.
2680          (4) [A person] An individual may submit a completed [absentee] manual ballot at an
2681     election day voting center for the political subdivision in which the [person] individual resides.
2682          [(5) A person may submit an incomplete absentee ballot at an election day voting
2683     center for the political subdivision in which the person resides, request that the ballot be
2684     declared spoiled, and vote in person.]
2685          Section 60. Section 20A-3a-703, which is renumbered from Section 20A-3-703 is
2686     renumbered and amended to read:
2687          [20A-3-703].      20A-3a-703. Election day voting centers as polling places --
2688     Location -- Notification.
2689          (1) The election officer may designate one or more polling places as an election day
2690     voting center if:
2691          (a) except as provided in Subsection (2), the election officer notifies the lieutenant
2692     governor of the designation and location of the election day voting center at least 15 days
2693     before the election;

2694          (b) [a] the polling place meets the requirements for a polling place under Chapter 5,
2695     Election Administration; and
2696          (c) [a] the polling place is located in a government building or office, unless the
2697     election officer determines that there is no government building or office available, in the area
2698     designated by the election officer, that:
2699          (i) can be scheduled for use during election day voting hours;
2700          (ii) has the physical facilities necessary to accommodate election day voting
2701     requirements;
2702          (iii) has adequate space for voting equipment, poll workers, and voters; and
2703          (iv) has adequate security, public accessibility, and parking.
2704          (2) (a) The election officer may, after the deadline described in Subsection (1)(a):
2705          (i) if necessary, change the location of an election day voting center; or
2706          (ii) if the election officer determines that the number of election day voting centers is
2707     insufficient due to the number of registered voters who are voting, designate additional election
2708     day voting centers.
2709          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2710     location of an election day voting center or designates an additional election day voting center,
2711     the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
2712     location of the changed election day voting center or the additional election day voting center:
2713          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2714     Information Website;
2715          (ii) by posting the information on the website of the election officer, if available; and
2716          (iii) by posting notice:
2717          (A) of a change in the location of an election day voting center, at the new location
2718     and, if possible, the old location; and
2719          (B) of an additional election day voting center, at the additional election day voting
2720     center.
2721          Section 61. Section 20A-3a-801, which is renumbered from Section 20A-3-201 is
2722     renumbered and amended to read:
2723     
Part 8. Watchers

2724          [20A-3-201].      20A-3a-801. Watchers.

2725          (1) As used in this section, "administering election officer" means:
2726          (a) the election officer; or
2727          (b) if the election officer is the lieutenant governor, the county clerk of the county in
2728     which an individual will act as a watcher.
2729          (2) (a) Any individual may become a watcher in an election at any time by registering
2730     as a watcher with the administering election officer.
2731          (b) An individual who registers under Subsection (2)(a) is not required to be certified
2732     by a person under Subsection (3) in order to act as a watcher.
2733          (c) An individual who registers as a watcher shall notify the administering election
2734     officer of the dates, times, and locations that the individual intends to act as a watcher.
2735          (d) An election official may not prohibit a watcher from performing a function
2736     described in Subsection (4) because the watcher did not provide the notice described in
2737     Subsection (2)(c).
2738          (e) An administering election officer shall provide a copy of this section, or
2739     instructions on how to access an electronic copy of this section, to a watcher at the time the
2740     watcher registers under this Subsection (2).
2741          (3) (a) A person that is a candidate whose name will appear on the ballot, a qualified
2742     write-in candidate for the election, a registered political party, or a political issues committee
2743     may certify an individual as an official watcher for the person:
2744          (i) by filing an affidavit with the administering election officer responsible to designate
2745     an individual as an official watcher for the certifying person; and
2746          (ii) if the individual registers as a watcher under Subsection (2)(a).
2747          (b) A watcher who is certified by a person under Subsection (3)(a) may not perform the
2748     same function described in Subsection (4) at the same time and in the same location as another
2749     watcher who is certified by that person.
2750          (c) A watcher who is certified by a person under Subsection (3)(a) may designate
2751     another individual to serve in the watcher's stead during the watcher's temporary absence by
2752     filing with a poll worker an affidavit that designates the individual as a temporary replacement.
2753          (4) A watcher may:
2754          (a) observe the setup or takedown of a polling location;
2755          (b) observe a voter checking in at a polling location;

2756          (c) observe the collection, receipt, and processing of a ballot, including a provisional
2757     ballot or a ballot cast by a covered voter as defined in Section 20A-16-102;
2758          (d) observe the transport or transmission of a ballot that is in an election official's
2759     custody;
2760          (e) observe the opening and inspection of a [by-mail] manual ballot;
2761          (f) observe ballot duplication;
2762          (g) observe the conduct of logic and accuracy testing described in Section 20A-5-802;
2763          (h) observe ballot tabulation;
2764          (i) observe the process of storing and securing a ballot;
2765          (j) observe a post-election audit;
2766          (k) observe a canvassing board meeting described in Title 20A, Chapter 4, Part 3,
2767     Canvassing Returns;
2768          (l) observe the certification of the results of an election; or
2769          (m) observe a recount.
2770          (5) (a) A watcher may not:
2771          (i) electronically record an activity described in Subsection (4) if the recording would
2772     reveal a vote or otherwise violate a voter's privacy or a voter's right to cast a secret ballot;
2773          (ii) interfere with an activity described in Subsection (4), except to challenge an
2774     individual's eligibility to vote under Section [20A-3-202] 20A-3a-803; or
2775          (iii) divulge information related to the number of votes counted, tabulated, or cast for a
2776     candidate or ballot proposition until after the election officer makes the information public.
2777          (b) A person who violates Subsection (5)(a)(iii) is guilty of a third degree felony.
2778          (6) (a) Notwithstanding Subsection (2)(a) or (4), in order to maintain a safe working
2779     environment for an election official or to protect the safety or security of a ballot, an
2780     administering election officer may take reasonable action to:
2781          (i) limit the number of watchers at a single location;
2782          (ii) remove a watcher for violating a provision of this section;
2783          (iii) remove a watcher for interfering with an activity described in Subsection (4);
2784          (iv) designate areas for a watcher to reasonably observe the activities described in
2785     Subsection (4); or
2786          (v) ensure that a voter's ballot secrecy is protected throughout the watching process.

2787          (b) If an administering election officer limits the number of watchers at a single
2788     location under Subsection (6)(a)(i), the administering election officer shall give preferential
2789     access to the location to a watcher designated under Subsection (3).
2790          (c) An administering election officer may provide a watcher a badge that identifies the
2791     watcher and require the watcher to wear the badge while acting as a watcher.
2792          Section 62. Section 20A-3a-802, which is renumbered from Section 20A-3-201.5 is
2793     renumbered and amended to read:
2794          [20A-3-201.5].      20A-3a-802. Definitions.
2795          As used in this part:
2796          (1) "Challenged voter" means [a person] an individual whose right to vote is
2797     challenged as provided in this part.
2798          (2) "Filer" means [a person] an individual who files a written statement challenging
2799     another [person's] individual's right to vote as provided in Section [20A-3-202.3] 20A-3a-804.
2800          Section 63. Section 20A-3a-803, which is renumbered from Section 20A-3-202 is
2801     renumbered and amended to read:
2802          [20A-3-202].      20A-3a-803. Challenges to a voter's eligibility -- Basis for
2803     challenge -- Procedures.
2804          (1) [A person] An individual may challenge [an] another individual's eligibility to vote
2805     on any of the following grounds:
2806          (a) the individual is not the individual in whose name the individual tries to vote;
2807          (b) the individual is not a resident of Utah;
2808          (c) the individual is not a citizen of the United States;
2809          (d) the individual has not or will not have resided in Utah for 30 days immediately
2810     before the date of the election;
2811          (e) the individual's principal place of residence is not in the voting precinct that the
2812     individual claims;
2813          (f) the individual's principal place of residence is not in the geographic boundaries of
2814     the election area;
2815          (g) the individual has already voted in the election;
2816          (h) the individual is not at least [18 years of age] the minimum age required to vote in
2817     the election;

2818          (i) the individual has been convicted of a misdemeanor for an offense under this title
2819     and the individual's right to vote in an election has not been restored under Section
2820     20A-2-101.3;
2821          (j) the individual is a convicted felon and the voter's right to vote in an election has not
2822     been restored under Section 20A-2-101.5; or
2823          (k) in a regular primary election or presidential primary election, the individual does
2824     not meet the political party affiliation requirements for the ballot the individual seeks to vote.
2825          (2) [A person] An individual who challenges [an] another individual's right to vote in
2826     an election shall make the challenge in accordance with:
2827          (a) Section [20A-3-202.3] 20A-3a-804, for a challenge that is not made in person at the
2828     time an individual votes; or
2829          (b) Section [20A-3-202.5] 20A-3a-805, for challenges made in person at the time an
2830     individual votes.
2831          Section 64. Section 20A-3a-804, which is renumbered from Section 20A-3-202.3 is
2832     renumbered and amended to read:
2833          [20A-3-202.3].      20A-3a-804. Pre-election challenges to a voter's eligibility in
2834     writing -- Procedure -- Form of challenge.
2835          (1) (a) [A person] An individual may challenge an individual's eligibility to vote by
2836     filing a written statement with the election officer in accordance with Subsection (1)(b) that:
2837          (i) lists the name and address of the [person] individual filing the challenge;
2838          (ii) for each individual who is challenged:
2839          (A) identifies the name of the challenged individual;
2840          (B) lists the last known address or telephone number of the challenged individual;
2841          (C) provides the basis for the challenge, as provided under Section [20A-3-202]
2842     20A-3a-803;
2843          (D) provides facts and circumstances supporting the basis provided; and
2844          (E) may include supporting documents, affidavits, or other evidence; and
2845          (iii) includes a signed affidavit, which is subject to penalties of perjury, swearing that:
2846          (A) the filer exercised due diligence to personally verify the facts and circumstances
2847     establishing the basis for the challenge; and
2848          (B) according to the filer's personal knowledge and belief, the basis for the challenge

2849     under Section [20A-3-202] 20A-3a-803 for each challenged individual is valid.
2850          (b) [A person that] An individual who files a written statement under Subsection (1)(a)
2851     shall file the written statement during the election officer's regular business hours:
2852          (i) at least 45 days before the day of the election; or
2853          (ii) if the challenge is to an individual who registered to vote between the day that is 45
2854     days before the election and the day of the election:
2855          (A) on or before the day of the election; and
2856          (B) before the individual's ballot is removed from a ballot envelope or otherwise
2857     separated from any information that could be used to identify the ballot as the individual's
2858     ballot.
2859          (c) The challenge may not be based on unsupported allegations or allegations by an
2860     anonymous [person] individual.
2861          (d) An election officer may require [a person that] an individual who files a challenge
2862     under this section to file the challenge on a form provided by the election officer that meets the
2863     requirements of this section.
2864          (2) If the challenge is not in the proper form, is incomplete, or if the basis for the
2865     challenge does not meet the requirements of this part, the election officer shall dismiss the
2866     challenge and notify the filer in writing of the reasons for the dismissal.
2867          (3) (a) Upon receipt of a challenge that meets the requirements for filing under this
2868     section, the election officer shall attempt to notify each challenged individual in accordance
2869     with Subsection (3)(b):
2870          (i) at least 28 days before the date of the election, if the election officer receives the
2871     challenge under Subsection (1)(b)(i); or
2872          (ii) within one business day, if the election officer receives the challenge under
2873     Subsection (1)(b)(ii).
2874          (b) The election officer shall attempt to notify each challenged individual:
2875          (i) that a challenge has been filed against the challenged individual;
2876          (ii) that the challenged individual may be required to cast a provisional ballot at the
2877     time the individual votes if the individual votes in person;
2878          (iii) [if the election is being conducted entirely by absentee ballot or if the individual is
2879     otherwise registered to vote by absentee ballot,] that if the individual votes by [absentee ballot]

2880     mail, the individual's ballot will be treated as a provisional ballot unless the challenge is
2881     resolved;
2882          (iv) of the basis for the challenge, which may include providing a copy of the challenge
2883     the filer filed with the election officer; and
2884          (v) that the challenged individual may submit information, a sworn statement,
2885     supporting documents, affidavits, or other evidence supporting the challenged individual's
2886     eligibility to vote in the election to the election officer no later than:
2887          (A) 21 days before the date of the election, if the election officer receives the challenge
2888     under Subsection (1)(b)(i); or
2889          (B) five days before the day on which the canvass is held, if the election officer
2890     receives the challenge under Subsection (1)(b)(ii).
2891          (4) (a) The election officer shall determine whether each challenged individual is
2892     eligible to vote before the day on which:
2893          (i) early voting commences, if the election officer receives the challenge under
2894     Subsection (1)(b)(i); or
2895          (ii) the canvass is held, if the election officer receives the challenge under Subsection
2896     (1)(b)(ii).
2897          (b) (i) The filer has the burden to prove, by clear and convincing evidence, that the
2898     basis for challenging the individual's eligibility to vote is valid.
2899          (ii) The election officer shall resolve the challenge based on the available facts and
2900     information submitted, which may include voter registration records and other documents or
2901     information available to the election officer.
2902          (5) [A person] An individual who files a challenge in accordance with the requirements
2903     of this section is subject to criminal penalties for false statements as provided under Sections
2904     76-8-503 and 76-8-504 and any other applicable criminal provision.
2905          (6) (a) A challenged individual may appeal an election officer's decision regarding the
2906     individual's eligibility to vote to the district court having jurisdiction over the location where
2907     the challenge was filed.
2908          (b) The district court shall uphold the decision of the election officer unless the district
2909     court determines that the decision was arbitrary, capricious, or unlawful.
2910          (c) In making the district court's determination, the district court's review is limited to:

2911          (i) the information filed under Subsection (1)(a) by the filer;
2912          (ii) the information submitted under Subsection (3)(b)(v) by the challenged individual;
2913     and
2914          (iii) any additional facts and information used by the election official to determine
2915     whether the challenged individual is eligible to vote, as indicated by the election official.
2916          (7) A challenged individual may register to vote or change the location of the
2917     individual's voter registration if otherwise permitted by law.
2918          (8) A document pertaining to a challenge filed under this section is a public record.
2919          Section 65. Section 20A-3a-805, which is renumbered from Section 20A-3-202.5 is
2920     renumbered and amended to read:
2921          [20A-3-202.5].      20A-3a-805. Challenges to a voter's eligibility at polling
2922     place -- Procedure.
2923          (1) (a) A poll worker, a watcher, or an individual who [lives in the voting precinct]
2924     resides in the jurisdiction to which the election relates may, at a polling place, challenge an
2925     individual's eligibility to vote [in that voting precinct or] a particular ballot or to vote in that
2926     election if:
2927          (i) the individual making the challenge and the challenged individual are both present
2928     at the polling place at the time the challenge is made; and
2929          (ii) the challenge is made [when] before the challenged individual applies for a ballot.
2930          (b) An individual may make a challenge by orally stating the challenged individual's
2931     name and the basis for the challenge, as provided under Section [20A-3-202] 20A-3a-803.
2932          (2) The poll worker shall record a challenge in the official register [and] or on the
2933     challenge sheets in the pollbook, including:
2934          (a) the name of the challenged individual;
2935          (b) the name of the individual making the challenge; and
2936          (c) the basis upon which the challenge is made.
2937          (3) If an individual's eligibility to vote is challenged under this section, the poll worker
2938     shall follow the procedures and requirements of Section [20A-3-105.5] 20A-3a-205.
2939          Section 66. Section 20A-3a-806, which is renumbered from Section 20A-3-203 is
2940     renumbered and amended to read:
2941          [20A-3-203].      20A-3a-806. Election official or watcher revealing vote.

2942          (1) It is unlawful for an election official or watcher to reveal to another person the
2943     name of a candidate or ballot proposition for whom a voter has voted or to communicate to
2944     another person the election official or watcher's opinion, belief, or impression regarding for
2945     whom or what a voter has voted.
2946          (2) A person who violates this section is guilty of a class A misdemeanor.
2947          Section 67. Section 20A-4-101 is amended to read:
2948          20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
2949     polling place on day of election before polls close.
2950          (1) Each county legislative body [or], municipal legislative body [that has voting
2951     precincts that use paper ballots], and each poll worker [in those voting precincts] shall comply
2952     with the requirements of this section when counting manual ballots on the day of an election,
2953     if:
2954          (a) the ballots are cast at a polling place; and
2955          (b) the ballots are counted at the polling place before the polls close.
2956          (2) (a) Each county legislative body or municipal legislative body shall provide:
2957          (i) two sets of ballot boxes for all voting precincts where both receiving and counting
2958     judges have been appointed; and
2959          (ii) a counting room for the use of the poll workers counting the ballots during the day.
2960          (b) At any election in any voting precinct in which both receiving and counting judges
2961     have been appointed, when at least 20 votes have been cast, the receiving judges shall:
2962          (i) close the first ballot box and deliver it to the counting judges; and
2963          (ii) prepare and use another ballot box to receive voted ballots.
2964          (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
2965     judges shall:
2966          (i) take the ballot box to the counting room;
2967          (ii) count the votes on the regular ballots in the ballot box;
2968          (iii) place the provisional ballot envelopes in the envelope or container provided for
2969     them for return to the election officer; and
2970          (iv) when they have finished counting the votes in the ballot box, return the emptied
2971     box to the receiving judges.
2972          (d) (i) During the course of election day, whenever there are at least 20 ballots

2973     contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
2974     judges for counting; and
2975          (ii) the counting judges shall immediately count the regular ballots and segregate the
2976     provisional ballots contained in that box.
2977          (e) The counting judges shall continue to exchange the ballot boxes and count ballots
2978     until the polls close.
2979          (f) (i) The director of elections within the Office of the Lieutenant Governor shall make
2980     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2981     describing the procedures that a counting judge is required to follow for counting ballots in an
2982     instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
2983     Methods Pilot Project.
2984          (ii) When counting ballots in an instant runoff voting race described in Title 20A,
2985     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
2986     comply with the procedures established under Subsection (2)(f)(i) and Title 20A, Chapter 4,
2987     Part 6, Municipal Alternate Voting Methods Pilot Project.
2988          (3) To resolve questions that arise during the counting of ballots, a counting judge shall
2989     apply the standards and requirements of:
2990          (a) to the extent applicable, Section 20A-4-105; and
2991          (b) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
2992     Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3).
2993          Section 68. Section 20A-4-102 is amended to read:
2994          20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
2995     polling place on day of election after polls close.
2996          (1) (a) This section governs counting manual ballots on the day of an election, if:
2997          (i) the ballots are cast at a polling place; and
2998          (ii) the ballots are counted at the polling place after the polls close.
2999           [(a)] (b) Except as provided in Subsection (2) or a rule made under Subsection
3000     20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
3001     the election judges shall count the ballots by performing the tasks specified in this section in
3002     the order that they are specified.
3003          [(b)] (c) To resolve questions that arise during the counting of ballots, a counting judge

3004     shall apply the standards and requirements of:
3005          (i) to the extent applicable, Section 20A-4-105; and
3006          (ii) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
3007     Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3).
3008          (2) (a) First, the election judges shall count the number of ballots in the ballot box.
3009          (b) (i) If there are more ballots in the ballot box than there are names entered in the
3010     pollbook, the judges shall examine the official endorsements on the ballots.
3011          (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
3012     official endorsement, the judges shall put those ballots in an excess ballot file and not count
3013     them.
3014          (c) (i) If, after examining the official endorsements, there are still more ballots in the
3015     ballot box than there are names entered in the pollbook, the judges shall place the remaining
3016     ballots back in the ballot box.
3017          (ii) One of the judges, without looking, shall draw a number of ballots equal to the
3018     excess from the ballot box.
3019          (iii) The judges shall put those excess ballots into the excess ballot envelope and not
3020     count them.
3021          (d) When the ballots in the ballot box equal the number of names entered in the
3022     pollbook, the judges shall count the votes.
3023          (3) The judges shall:
3024          (a) place all unused ballots in the envelope or container provided for return to the
3025     county clerk or city recorder; and
3026          (b) seal that envelope or container.
3027          (4) The judges shall:
3028          (a) place all of the provisional ballot envelopes in the envelope provided for them for
3029     return to the election officer; and
3030          (b) seal that envelope or container.
3031          (5) (a) In counting the votes, the election judges shall read and count each ballot
3032     separately.
3033          (b) In regular primary elections the judges shall:
3034          (i) count the number of ballots cast for each party;

3035          (ii) place the ballots cast for each party in separate piles; and
3036          (iii) count all the ballots for one party before beginning to count the ballots cast for
3037     other parties.
3038          (6) (a) In all elections, the counting judges shall, except as provided in Title 20A,
3039     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under
3040     Subsection 20A-4-101(2)(f)(i):
3041          (i) count one vote for each candidate designated by the marks in the squares next to the
3042     candidate's name;
3043          (ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
3044     any candidate for an office for which a vote has been cast for a candidate for the same office
3045     upon another ticket by the placing of a mark in the square opposite the name of that candidate
3046     on the other ticket;
3047          (iii) count each vote for each write-in candidate who has qualified by filing a
3048     declaration of candidacy under Section 20A-9-601;
3049          (iv) read every name marked on the ballot and mark every name upon the tally sheets
3050     before another ballot is counted;
3051          (v) evaluate each ballot and each vote based on the standards and requirements of
3052     Section 20A-4-105;
3053          (vi) write the word "spoiled" on the back of each ballot that lacks the official
3054     endorsement and deposit it in the spoiled ballot envelope; and
3055          (vii) read, count, and record upon the tally sheets the votes that each candidate and
3056     ballot proposition received from all ballots, except excess or spoiled ballots.
3057          (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
3058     persons clearly not eligible to qualify for office.
3059          (c) The judges shall certify to the accuracy and completeness of the tally list in the
3060     space provided on the tally list.
3061          (d) When the judges have counted all of the voted ballots, they shall record the results
3062     on the total votes cast form.
3063          (7) Only an election judge and a watcher may be present at the place where counting is
3064     conducted until the count is completed.
3065          Section 69. Section 20A-4-103 is amended to read:

3066          20A-4-103. Preparing ballots cast at a polling place for the counting center.
3067          (1) This section governs the preparation of ballots for the counting center when the
3068     ballots are cast at a polling place.
3069          [(1)](2) (a) [In voting precincts using ballot sheets, as] As soon as the polls have been
3070     closed and the last qualified voter has voted, the poll workers shall prepare the [ballot sheets]
3071     ballots for delivery to the counting center as provided in this section.
3072          (b) The poll workers, election officers, and other persons may not manually count any
3073     votes before delivering the ballots to the counting center.
3074          [(2)] (3) The poll workers shall:
3075          (a) complete the statement of disposition of ballots and all other forms required by the
3076     election officer;
3077          (b) place a copy of the forms described in Subsection (3)(a) and the voted ballots in a
3078     sealed container;
3079          [(a)] (c) place all [of the] provisional [ballot envelopes in the envelope or] ballots in
3080     the container provided for [them for return] returning provisional ballots to the counting
3081     center[; and (b) seal that envelope or] and seal the container[.]; and
3082          (d) deliver to the counting center:
3083          (i) the items described in Subsections (3)(a) through (c); and
3084          (ii) any other items required by the election officer.
3085          [(3) (a) The poll workers shall check each secrecy envelope to see if the envelope
3086     contains any write-in votes.]
3087          [(b) If a secrecy envelope does not contain any write-in votes, the poll workers shall
3088     remove the ballot sheet from the secrecy envelope.]
3089          [(c) If a secrecy envelope contains any write-in votes, the poll workers may not
3090     separate the ballot sheet from the secrecy envelope.]
3091          [(4) The poll workers shall place:]
3092          [(a) the voted ballot sheets and one copy of the statement of disposition of ballots in
3093     the transfer case;]
3094          [(b) the other copy of the statement of disposition of ballots, the pollbook, any
3095     unprocessed absentee ballots, the poll workers' pay vouchers, the official register, and the
3096     spoiled ballot envelope in the carrier envelope provided; and]

3097          [(c) the other election materials in the election supply box.]
3098          Section 70. Section 20A-4-104 is amended to read:
3099          20A-4-104. Counting ballots electronically.
3100          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
3101     election officer shall test the automatic tabulating equipment to ensure that it will accurately
3102     count the votes cast for all offices and all measures.
3103          (b) The election officer shall publish public notice of the time and place of the test:
3104          (i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
3105     general circulation in the county, municipality, or jurisdiction where the equipment is used;
3106          (B) if there is no daily or weekly newspaper of general circulation in the county,
3107     municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
3108     test, by posting one notice, and at least one additional notice per 2,000 population of the
3109     county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
3110     that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
3111          (C) at least 10 days before the day of the test, by mailing notice to each registered voter
3112     in the county, municipality, or jurisdiction where the equipment is used;
3113          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
3114     before the day of the test;
3115          (iii) in accordance with Section 45-1-101, for at least 10 days before the day of the test;
3116     and
3117          (iv) if the county, municipality, or jurisdiction has a website, on the website for four
3118     weeks before the day of the test.
3119          (c) The election officer shall conduct the test by processing a preaudited group of
3120     ballots.
3121          (d) The election officer shall ensure that:
3122          (i) a predetermined number of valid votes for each candidate and measure are recorded
3123     on the ballots;
3124          (ii) for each office, one or more [ballot sheets] ballots have votes in excess of the
3125     number allowed by law in order to test the ability of the automatic tabulating equipment to
3126     reject those votes; and
3127          (iii) a different number of valid votes are assigned to each candidate for an office, and

3128     for and against each measure.
3129          (e) If any error is detected, the election officer shall determine the cause of the error
3130     and correct it.
3131          (f) The election officer shall ensure that:
3132          (i) the automatic tabulating equipment produces an errorless count before beginning
3133     the actual counting; and
3134          (ii) the automatic tabulating equipment passes the same test at the end of the count
3135     before the election returns are approved as official.
3136          (2) (a) The election officer or the election officer's designee shall supervise and direct
3137     all proceedings at the counting center.
3138          (b) (i) Proceedings at the counting center are public and may be observed by interested
3139     persons.
3140          (ii) Only those persons authorized to participate in the count may touch any ballot or
3141     return.
3142          (c) The election officer shall deputize and administer an oath or affirmation to all
3143     persons who are engaged in processing and counting the ballots that they will faithfully
3144     perform their assigned duties.
3145          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
3146     automatic tabulating equipment, the election officer shall ensure that two counting judges
3147     jointly :
3148          (a) [create a true duplicate copy] make a true replication of the ballot with an
3149     identifying serial number;
3150          (b) substitute the [duplicate] replicated ballot for the damaged or defective ballot;
3151          (c) label the [duplicate] replicated ballot ["duplicate"] "replicated"; and
3152          (d) record the [duplicate] replicated ballot's serial number on the damaged or defective
3153     ballot.
3154          (4) The election officer may:
3155          (a) conduct an unofficial count before conducting the official count in order to provide
3156     early unofficial returns to the public;
3157          (b) release unofficial returns from time to time after the polls close; and
3158          (c) report the progress of the count for each candidate during the actual counting of

3159     ballots.
3160          (5) The election officer shall review and evaluate the provisional ballot envelopes and
3161     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
3162          (6) (a) The election officer or the election officer's designee shall:
3163          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
3164          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
3165          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
3166     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
3167     count the valid write-in vote as being the obvious intent of the voter.
3168          (7) (a) The election officer shall certify the return printed by the automatic tabulating
3169     equipment, to which have been added write-in and absentee votes, as the official return of each
3170     voting precinct.
3171          (b) Upon completion of the count, the election officer shall make official returns open
3172     to the public.
3173          (8) If for any reason it becomes impracticable to count all or a part of the ballots with
3174     tabulating equipment, the election officer may direct that they be counted manually according
3175     to the procedures and requirements of this part.
3176          (9) After the count is completed, the election officer shall seal and retain the programs,
3177     test materials, and ballots as provided in Section 20A-4-202.
3178          Section 71. Section 20A-4-105 is amended to read:
3179          20A-4-105. Standards and requirements for evaluating voter's ballot choices.
3180          (1) (a) An election officer shall ensure that when a question arises regarding a vote
3181     recorded on a [paper] manual ballot, two counting judges jointly adjudicate the ballot, except
3182     as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
3183     Pilot Project, in accordance with the requirements of this section.
3184          (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
3185     is adjudicated under this section, the counting judges may not count the vote.
3186          (2) Except as provided in Subsection (11), Subsection [20A-3-105(5)] 20A-3a-204(6),
3187     or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter
3188     marks more names than there are individuals to be elected to an office, or if the counting
3189     judges cannot determine a voter's choice for an office, the counting judges may not count the

3190     voter's vote for that office.
3191          (3) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
3192     Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark
3193     on a [paper] manual ballot if:
3194          (a) the defective or incomplete mark is in the proper place; and
3195          (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
3196     other than as indicated by the incomplete or defective mark.
3197          (4) (a) When a voter has marked a ballot so that it appears that the voter has voted
3198     more than one straight ticket, the counting judges may not count any votes on the ballot for
3199     party candidates.
3200          (b) The counting judges shall count the remainder of the ballot if the remainder of the
3201     ballot is voted correctly.
3202          (5) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
3203     Voting Methods Pilot Project, the counting judges may not reject a ballot marked by the voter
3204     because of marks on the ballot other than those marks allowed by this section unless the
3205     extraneous marks on a ballot show an intent by an individual to mark the individual's ballot so
3206     that the individual's ballot can be identified.
3207          (6) (a) In counting the ballots, the counting judges shall give full consideration to the
3208     intent of the voter.
3209          (b) The counting judges may not invalidate a ballot because of mechanical or technical
3210     defects in voting or failure on the part of the voter to follow strictly the rules for balloting
3211     required by Chapter 3, Voting.
3212          (7) The counting judges may not reject a ballot because of an error in:
3213          (a) stamping or writing an official endorsement; or
3214          (b) delivering the wrong ballots to a polling place.
3215          (8) The counting judges may not count a [paper] manual ballot that does not have the
3216     official endorsement by an election officer.
3217          (9) The counting judges may not count a ballot proposition vote or candidate vote for
3218     which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
3219          (10) If the counting judges discover that the name of a candidate is misspelled on a
3220     ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole

3221     or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
3222     apparent that the voter intended to vote for the candidate.
3223          (11) The counting judges shall count a vote for the president and the vice president of
3224     any political party as a vote for the presidential electors selected by the political party.
3225          (12) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
3226     Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a valid
3227     write-in vote, a voter has cast more votes for an office than that voter is entitled to vote for that
3228     office, the counting judges shall count the valid write-in vote as being the obvious intent of the
3229     voter.
3230          Section 72. Section 20A-4-106 is amended to read:
3231          20A-4-106. Manual ballots -- Sealing.
3232          [(1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read
3233     and tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate
3234     strings.]
3235          (1) After the official canvas of an election, the election officer shall store all election
3236     returns in containers that identify the containers' contents.
3237          [(ii)] (2) After the ballots are [strung, they] stored under Subsection (1), the ballots may
3238     not be examined by anyone, except when examined during a recount conducted under the
3239     authority of Section 20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
3240     Methods Pilot Project.
3241          [(b) The judges shall carefully seal all of the strung ballots in a strong envelope.]
3242          [(2) (a) For regular primary elections, after all the ballots have been counted, certified
3243     to, and strung by the judges, they shall seal the ballots cast for each of the parties in separate
3244     envelopes.]
3245          [(b) The judges shall:]
3246          [(i) seal each of the envelopes containing the votes of each of the political parties in
3247     one large envelope; and]
3248          [(ii) return that envelope to the county clerk.]
3249          [(c) The judges shall:]
3250          [(i) destroy the ballots in the blank ballot box; or]
3251          [(ii) if directed to do so by the election officer, return them to the election officer for

3252     destruction.]
3253          [(3) As soon as the judges have counted all the votes and sealed the ballots they shall
3254     sign and certify the pollbooks.]
3255          [(4) (a) The judges, before they adjourn, shall:]
3256          [(i) enclose and seal the official register, the posting book, the pollbook, the ballot
3257     disposition form, the military and overseas absentee voter registration and voting certificates,
3258     one of the tally sheets, and any unprocessed absentee ballots in a strong envelope or pouch;]
3259          [(ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
3260     strung and placed in a separate envelope or pouch as required by Subsection (1);]
3261          [(iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
3262     disposition form in a separate envelope or pouch;]
3263          [(iv) place all provisional ballots in a separate envelope or pouch; and]
3264          [(v) place the total votes cast form and the judges' vouchers requesting compensation
3265     for services rendered in a separate pouch.]
3266          [(b) Before enclosing the official register in the envelope or pouch, the election judges
3267     shall certify it substantially as follows:]
3268          ["We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
3269     Utah, certify that the required entries have been made for the election held
3270     __________(month\day\year), including:]
3271          [a list of the ballot numbers for each voter;]
3272          [the voters' signatures, except where a judge has signed for the absentee voters;]
3273          [a list of information surrounding a voter who is challenged,]
3274          [including any affidavits; and]
3275          [a notation for each time a voter was assisted with a ballot."]
3276          [(5) Each judge shall:]
3277          [(a) write the judge's name across the seal of each envelope or pouch;]
3278          [(b) mark on the exterior of the envelope or pouch:]
3279          [(i) the word "ballots" or "returns" or "unused ballots," or "provisional ballots" or other
3280     words plainly indicating the contents of the packages; and]
3281          [(ii) the number of the voting precinct.]
3282          Section 73. Section 20A-4-107 is amended to read:

3283          20A-4-107. Review and disposition of provisional ballot envelopes.
3284          (1) As used in this section, [a person] an individual is "legally entitled to vote" if:
3285          (a) the [person] individual:
3286          (i) is registered to vote in the state;
3287          (ii) votes the ballot for the voting precinct in which the [person] individual resides; and
3288          (iii) provides valid voter identification to the poll worker;
3289          (b) the [person] individual:
3290          (i) is registered to vote in the state;
3291          (ii) (A) provided valid voter identification to the poll worker; or
3292          (B) either failed to provide valid voter identification or the documents provided as
3293     valid voter identification were inadequate and the poll worker recorded that fact in the official
3294     register but the county clerk verifies the [person's] individual's identity and residence through
3295     some other means; and
3296          (iii) did not vote in the [person's] individual's precinct of residence, but the ballot that
3297     the [person] individual voted was from the [person's] individual's county of residence and
3298     includes one or more candidates or ballot propositions on the ballot voted in the [person's]
3299     individual's precinct of residence; or
3300          (c) the [person] individual:
3301          (i) is registered to vote in the state;
3302          (ii) either failed to provide valid voter identification or the documents provided as
3303     valid voter identification were inadequate and the poll worker recorded that fact in the official
3304     register; and
3305          (iii) (A) the county clerk verifies the [person's] individual's identity and residence
3306     through some other means as reliable as photo identification; or
3307          (B) the [person] individual provides valid voter identification to the county clerk or an
3308     election officer who is administering the election by the close of normal office hours on
3309     Monday after the date of the election.
3310          (2) (a) Upon receipt of a provisional ballot form, the election officer shall review the
3311     affirmation on the provisional ballot form and determine if the [person] individual signing the
3312     affirmation is:
3313          (i) registered to vote in this state; and

3314          (ii) legally entitled to vote:
3315          (A) the ballot that the [person] individual voted; or
3316          (B) if the ballot is from the [person's] individual's county of residence, for at least one
3317     ballot proposition or candidate on the ballot that the [person] individual voted.
3318          (b) Except as provided in Section 20A-2-207, if the election officer determines that the
3319     [person] individual is not registered to vote in this state or is not legally entitled to vote in the
3320     county or for any of the ballot propositions or candidates on the ballot that the [person]
3321     individual voted, the election officer shall retain the ballot form, uncounted, for the period
3322     specified in Section 20A-4-202 unless ordered by a court to produce or count it.
3323          (c) If the election officer determines that the [person] individual is registered to vote in
3324     this state and is legally entitled to vote in the county and for at least one of the ballot
3325     propositions or candidates on the ballot that the [person] individual voted, the election officer
3326     shall place the provisional ballot with the [absentee] regular ballots to be counted with those
3327     ballots at the canvass.
3328          (d) The election officer may not count, or allow to be counted a provisional ballot
3329     unless the [person's] individual's identity and residence is established by a preponderance of the
3330     evidence.
3331          (3) If the election officer determines that the [person] individual is registered to vote in
3332     this state, or if the voter registers to vote in accordance with Section 20A-2-207, the election
3333     officer shall ensure that the voter registration records are updated to reflect the information
3334     provided on the provisional ballot form.
3335          (4) Except as provided in Section 20A-2-207, if the election officer determines that the
3336     [person] individual is not registered to vote in this state and the information on the provisional
3337     ballot form is complete, the election officer shall:
3338          (a) consider the provisional ballot form a voter registration form for the [person's]
3339     individual's county of residence; and
3340          (b) (i) register the [person] individual if the [voter's] individual's county of residence is
3341     within the county; or
3342          (ii) forward the voter registration form to the election officer of the [person's]
3343     individual's county of residence, which election officer shall register the [person] individual.
3344          (5) Notwithstanding any provision of this section, the election officer shall place a

3345     provisional ballot with the [absentee] regular ballots to be counted with those ballots at the
3346     canvass, if:
3347          (a) (i) the election officer determines, in accordance with the provisions of this section,
3348     that the sole reason a provisional ballot may not otherwise be counted is because the voter
3349     registration was filed less than [seven] 11 days before the election;
3350          (ii) [seven] 11 or more days before the election, the individual who cast the provisional
3351     ballot:
3352          (A) completed and signed the voter registration; and
3353          (B) provided the voter registration to another person to file;
3354          (iii) the late filing was made due to the [person] individual described in Subsection
3355     (5)(a)(ii)(B) filing the voter registration late; and
3356          (iv) the election officer receives the voter registration before 5 p.m. no later than one
3357     day before the day of the election; or
3358          (b) the provisional ballot is cast on or before election day and is not otherwise
3359     prohibited from being counted under the provisions of this chapter.
3360          Section 74. Section 20A-4-201 is amended to read:
3361          20A-4-201. Delivery of election returns.
3362          (1) At least two poll workers shall deliver the [ballot box, the lock, and the key] ballots
3363     and other items described in Subsection 20A-4-103(3)(d) to:
3364          (a) the election officer; or
3365          (b) the location directed by the election officer.
3366          (2) (a) Before they adjourn, the poll workers shall choose two or more of their number
3367     to deliver the election returns to the election officer.
3368          (b) The poll workers shall:
3369          (i) deliver the unopened envelopes [or pouches] to the election officer or counting
3370     center immediately but no later than 24 hours after the polls close; or
3371          (ii) if the polling place is 15 miles or more from the county seat, mail the election
3372     returns to the election officer by registered mail from the post office most convenient to the
3373     polling place within 24 hours after the polls close.
3374          (3) The election officer shall pay each poll worker reasonable compensation for travel
3375     that is necessary to deliver the election returns and to return to the polling place.

3376          (4) The requirements of this section do not prohibit transmission of the unofficial vote
3377     count to the counting center via electronic means, provided that reasonable security measures
3378     are taken to preserve the integrity and privacy of the transmission.
3379          Section 75. Section 20A-4-202 is amended to read:
3380          20A-4-202. Election officers -- Disposition of ballots -- Release of number of
3381     provisional ballots cast.
3382          (1) Upon receipt of the election returns from the poll workers, the election officer shall:
3383          (a) ensure that the poll workers have provided all of the ballots and election returns;
3384          (b) inspect the ballots and election returns to ensure that they are sealed;
3385          (c) [(i)] for [paper] manual ballots, deposit and lock the ballots and election returns in a
3386     safe and secure place[; or];
3387          [(ii)] (d) [for punch card] for mechanical ballots:
3388          [(A)] (i) count the ballots; and
3389          [(B)] (ii) deposit and lock the ballots and election returns in a safe and secure place;
3390     and
3391          [(d)] (e) for bond elections, provide a copy of the election results to the board of
3392     canvassers of the local political subdivision that called the bond election.
3393          (2) Each election officer shall:
3394          (a) before 5 p.m. on the day after the date of the election, determine the number of
3395     provisional ballots cast within the election officer's jurisdiction and make that number available
3396     to the public;
3397          (b) preserve ballots for 22 months after the election or until the time has expired during
3398     which the ballots could be used in an election contest;
3399          [(c) package and seal a true copy of the ballot label used in each voting precinct;]
3400          [(d)] (c) preserve all other official election returns for at least 22 months after an
3401     election; and
3402          [(e)] (d) after that time, destroy them without opening or examining them.
3403          (3) (a) The election officer shall package and retain all tabulating cards and other
3404     materials used in the programming of the automatic tabulating equipment.
3405          (b) The election officer:
3406          (i) may access these tabulating cards and other materials;

3407          (ii) may make copies of these materials and make changes to the copies;
3408          (iii) may not alter or make changes to the materials themselves; and
3409          (iv) within 22 months after the election in which they were used, may dispose of those
3410     materials or retain them.
3411          (4) (a) If an election contest is begun within 12 months, the election officer shall:
3412          (i) keep the ballots and election returns unopened and unaltered until the contest is
3413     complete; or
3414          (ii) surrender the ballots and election returns to the custody of the court having
3415     jurisdiction of the contest when ordered or subpoenaed to do so by that court.
3416          (b) When all election contests arising from an election are complete, the election
3417     officer shall either:
3418          (i) retain the ballots and election returns until the time for preserving them under this
3419     section has run; or
3420          (ii) destroy the ballots and election returns remaining in the election officer's custody
3421     without opening or examining them if the time for preserving them under this section has run.
3422          Section 76. Section 20A-4-303 is amended to read:
3423          20A-4-303. Duties of the board of canvassers -- Canvassing the returns.
3424          (1) (a) Before the board of canvassers convenes, the election officer shall:
3425          (i) count the ballots;
3426          (ii) prepare a certified summary of:
3427          (A) all ballots counted; and
3428          (B) all ballots not counted, with an explanation regarding the reason the ballots were
3429     not counted; and
3430          (iii) make available to the board of canvassers for inspection, all ballots, registers,
3431     books, and forms related to the election.
3432          [(a)] (b) The board of canvassers shall canvass the election returns by publicly
3433     [opening the returns and determining from them the votes of each voting precinct for]:
3434          (i) reviewing the summary reports prepared by the election officer and any ballots,
3435     registers, books, or forms requested by the board of canvassers; and
3436          (ii) certifying the votes cast:
3437          [(i)] (A) each person voted for; and

3438          [(ii)] (B) for and against each ballot proposition voted upon at the election.
3439          [(b)] (c) The board of canvassers shall, once having begun the canvass, continue until it
3440     is completed.
3441          (2) In canvassing returns, the board of canvassers may not:
3442          (a) reject any election returns if the board can determine the number of votes cast for
3443     each person from it;
3444          (b) reject any election returns if the election returns:
3445          (i) do not show who administered the oath to the judges of election;
3446          (ii) show that the election judges failed to fill out all the certificates in the pollbooks; or
3447          (iii) show that the election judges failed to do or perform any other act in preparing the
3448     returns that is not essential to determine for whom the votes were cast; or
3449          (c) reject any returns from any voting precinct that do not conform with the
3450     requirements for making, certifying, and returning the returns if those returns are sufficiently
3451     explicit to enable the board of canvassers to determine the number of votes cast for each person
3452     and for and against each ballot proposition.
3453          (3) (a) If it clearly appears to the election officer and board of canvassers that certain
3454     matters are omitted or that clerical mistakes exist in election returns received, [they shall
3455     transmit the election returns to the election judges for correction] the election officer shall
3456     correct the omissions and mistakes.
3457          [(b) Upon receipt of the election returns for correction from the board of canvassers,
3458     the election judges shall correct the election returns as required by the facts.]
3459          [(c)] (b) The clerk and the board of canvassers may adjourn from day to day to await
3460     receipt of corrected election material.
3461          (4) If a recount is conducted as authorized by Section 20A-4-401, the board of
3462     canvassers shall canvass the results of that recount as provided in this section and Section
3463     20A-4-401.
3464          Section 77. Section 20A-4-401 is amended to read:
3465          20A-4-401. Recounts -- Procedure.
3466          (1) (a) This section does not apply to a race conducted by instant runoff voting under
3467     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
3468          (b) Except as provided in Subsection (1)(c), for a race between candidates, if the

3469     difference between the number of votes cast for a winning candidate in the race and a losing
3470     candidate in the race is equal to or less than .25% of the total number of votes cast for all
3471     candidates in the race, that losing candidate may file a request for a recount in accordance with
3472     Subsection (1)(d).
3473          (c) For a race between candidates where the total of all votes cast in the race is 400 or
3474     less, if the difference between the number of votes cast for a winning candidate in the race and
3475     a losing candidate in the race is one vote, that losing candidate may file a request for a recount
3476     in accordance with Subsection (1)(d).
3477          (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
3478     file the request:
3479          (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
3480     three days after the canvass; or
3481          (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
3482          (A) the municipal clerk, if the election is a municipal general election;
3483          (B) the local district clerk, if the election is a local district election;
3484          (C) the county clerk, for races voted on entirely within a single county; or
3485          (D) the lieutenant governor, for statewide races and multicounty races.
3486          (e) The election officer shall:
3487          (i) supervise the recount;
3488          (ii) recount all ballots cast for that race;
3489          (iii) reexamine all [unopened absentee] uncounted ballots to ensure compliance with
3490     Chapter 3, Part [3, Absentee Voting] 4, Disposition of Ballots;
3491          (iv) for a race where only one candidate may win, declare elected the candidate who
3492     receives the highest number of votes on the recount; and
3493          (v) for a race where multiple candidates may win, declare elected the applicable
3494     number of candidates who receive the highest number of votes on the recount.
3495          (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
3496     proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
3497     the total votes cast for or against the proposition, any 10 voters who voted in the election where
3498     the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
3499     days after the day of the canvass with the person described in Subsection (2)(c).

3500          (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
3501     against the proposition is 400 or less, if the difference between the number of votes cast for the
3502     proposition and the number of votes cast against the proposition is one vote, any 10 voters who
3503     voted in the election where the proposition was on the ballot may file a request for a recount
3504     before 5 p.m. within seven days after the day of the canvass with the person described in
3505     Subsection (2)(c).
3506          (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
3507     file the request with:
3508          (i) the municipal clerk, if the election is a municipal election;
3509          (ii) the local district clerk, if the election is a local district election;
3510          (iii) the county clerk, for propositions voted on entirely within a single county; or
3511          (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
3512          (d) The election officer shall:
3513          (i) supervise the recount;
3514          (ii) recount all ballots cast for that ballot proposition or bond proposition;
3515          (iii) reexamine all [unopened absentee] uncounted ballots to ensure compliance with
3516     Chapter 3, Part [3, Absentee Voting] 4, Disposition of Ballots; and
3517          (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
3518     based upon the results of the recount.
3519          (e) Proponents and opponents of the ballot proposition or bond proposition may
3520     designate representatives to witness the recount.
3521          (f) The voters requesting the recount shall pay the costs of the recount.
3522          (3) Costs incurred by recount under Subsection (1) may not be assessed against the
3523     person requesting the recount.
3524          (4) (a) Upon completion of the recount, the election officer shall immediately convene
3525     the board of canvassers.
3526          (b) The board of canvassers shall:
3527          (i) canvass the election returns for the race or proposition that was the subject of the
3528     recount; and
3529          (ii) with the assistance of the election officer, prepare and sign the report required by
3530     Section 20A-4-304 or 20A-4-306.

3531          (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
3532     the board of county canvassers shall prepare and transmit a separate report to the lieutenant
3533     governor as required by Subsection 20A-4-304 (7).
3534          (d) The canvassers' report prepared as provided in this Subsection (4) is the official
3535     result of the race or proposition that is the subject of the recount.
3536          Section 78. Section 20A-5-102 is amended to read:
3537          20A-5-102. Voting instructions.
3538          (1) Each election officer shall:
3539          (a) print [instruction cards] instructions for voters;
3540          (b) ensure that the [cards] instructions are printed in English, and any other language
3541     required under the Voting Rights Act of 1965, as amended, in large clear type; and
3542          (c) ensure that the [cards instruct] instructions inform voters:
3543          (i) about how to obtain ballots for voting;
3544          (ii) about special political party affiliation requirements for voting in a regular primary
3545     election or presidential primary election;
3546          (iii) about how to prepare ballots for deposit in the ballot box;
3547          (iv) about how to record write-in votes;
3548          (v) about how to obtain a new ballot in the place of one spoiled by accident or mistake;
3549          (vi) about how to obtain assistance in marking ballots;
3550          (vii) about obtaining a new ballot if the voter's ballot is defaced;
3551          (viii) that identification marks or the spoiling or defacing of a ballot will make it
3552     invalid;
3553          (ix) about how to obtain and vote a provisional ballot;
3554          (x) about whom to contact to report election fraud;
3555          (xi) about applicable federal and state laws regarding:
3556          (A) voting rights and the appropriate official to contact if the voter alleges his rights
3557     have been violated; and
3558          (B) prohibitions on acts of fraud and misrepresentation;
3559          (xii) about procedures governing mail-in registrants and first-time voters; and
3560          (xiii) about the date of the election and the hours that the polls are open on election
3561     day.

3562          (2) Each election officer shall:
3563          (a) provide the election judges of each voting precinct with sufficient instruction cards
3564     to instruct voters in the preparation of their ballots;
3565          (b) direct the election judges to post:
3566          (i) general voting instructions in each voting booth; and
3567          (ii) at least three instruction cards and at least one sample ballot elsewhere in and about
3568     the polling place.
3569          Section 79. Section 20A-5-205 is amended to read:
3570          20A-5-205. Delivery of official register.
3571          (1) Before delivering the official register to the poll workers, the county clerk shall
3572     [attach the certificate required by law to the book] verify the accuracy and completeness of the
3573     official register.
3574          (2) The county clerk shall [deliver the official register, its accuracy verified by the
3575     county clerk's signature, to a poll worker in each voting precinct by noon on the day before the
3576     election.], before the polls open at an early voting center or any other polling place:
3577          (a) deliver the official register to each polling place; and
3578          (b) provide verification of the official register's accuracy and completeness.
3579          (3) This section does not prohibit a county clerk from updating an official register as
3580     necessary.
3581          Section 80. Section 20A-5-206 is amended to read:
3582          20A-5-206. Change of precinct boundaries -- Revising list.
3583          (1) Whenever the boundaries of any voting precinct are changed, or a new voting
3584     precinct is created, the county clerk shall ensure that the names of all voters residing within the
3585     territory affected by the change are [transferred from one] updated in the official register [to
3586     the other].
3587          (2) Any registered voter whose name has been erroneously [transferred from one]
3588     updated in the official register [to another], or erroneously [allowed to remain on any] not
3589     updated in the official register, may vote in the voting precinct in which the voter resides if the
3590     voter uses a provisional ballot.
3591          Section 81. Section 20A-5-302 is amended to read:
3592          20A-5-302. Automated voting system.

3593          (1) (a) Any county or municipal legislative body or local district board may:
3594          (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
3595     automated voting system that meets the requirements of this section; and
3596          (ii) use that system in any election, in all or a part of the voting precincts within its
3597     boundaries, or in combination with [paper] manual ballots.
3598          (b) Nothing in this title shall be construed to require the use of electronic voting
3599     devices in local special elections, municipal primary elections, or municipal general elections.
3600          (2) (a) Each automated voting system shall:
3601          (i) provide for voting in secrecy, except in the case of voters who have received
3602     assistance as authorized by Section [20A-3-108] 20A-3a-108;
3603          (ii) permit each voter at any election to:
3604          (A) vote for all persons and offices for whom and for which that voter is lawfully
3605     entitled to vote;
3606          (B) vote for as many persons for an office as that voter is entitled to vote; and
3607          (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
3608          (iii) permit each voter, at presidential elections, by one mark [or punch], to vote for the
3609     candidates of that party for president, vice president, and for their presidential electors;
3610          (iv) permit each voter, at any regular general election, to vote for all the candidates of
3611     one registered political party by making one mark [or punch];
3612          (v) permit each voter to scratch vote;
3613          (vi) at elections other than primary elections, permit each voter to vote for the
3614     nominees of one or more parties and for independent candidates;
3615          (vii) at primary elections:
3616          (A) permit each voter to vote for candidates of the political party of the voter's choice;
3617     and
3618          (B) reject any votes cast for candidates of another party;
3619          (viii) prevent the voter from voting for the same person more than once for the same
3620     office;
3621          (ix) provide the opportunity for each voter to change the ballot and to correct any error
3622     before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
3623     L. No. 107-252;

3624          (x) include automatic tabulating equipment that rejects choices recorded on a voter's
3625     ballot if the number of the voter's recorded choices is greater than the number which the voter
3626     is entitled to vote for the office or on the measure;
3627          (xi) be of durable construction, suitably designed so that it may be used safely,
3628     efficiently, and accurately in the conduct of elections and counting ballots;
3629          (xii) when properly operated, record correctly and count accurately each vote cast;
3630          (xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
3631     record that:
3632          (A) shall be available as an official record for any recount or election contest
3633     conducted with respect to an election where the voting equipment is used;
3634          (B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
3635     place; and
3636          (II) shall permit the voter to inspect the record of the voter's selections independently
3637     only if reasonably practicable commercial methods permitting independent inspection are
3638     available at the time of certification of the voting equipment by the lieutenant governor;
3639          (C) shall include, at a minimum, human readable printing that shows a record of the
3640     voter's selections;
3641          (D) may also include machine readable printing which may be the same as the human
3642     readable printing; and
3643          (E) allows a watcher to observe the election process to ensure the integrity of the
3644     election process; and
3645          (xiv) meet the requirements of Section 20A-5-802.
3646          (b) For the purposes of a recount or an election contest, if the permanent paper record
3647     contains a conflict or inconsistency between the human readable printing and the machine
3648     readable printing, the human readable printing shall supercede the machine readable printing
3649     when determining the intent of the voter.
3650          (c) Notwithstanding any other provisions of this section, the election officers shall
3651     ensure that the ballots to be counted by means of electronic or electromechanical devices are of
3652     a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
3653     for use in the counting devices in which they are intended to be placed.
3654          Section 82. Section 20A-5-401 is amended to read:

3655          20A-5-401. Official register -- Preparation -- Contents.
3656          (1) (a) Before the registration days for each regular general, municipal general, regular
3657     primary, municipal primary, or presidential primary election, each county clerk shall prepare an
3658     official register of all voters [for each voting precinct] that will participate in the election.
3659          (b) The county clerk shall ensure that the official register is prepared [for the
3660     alphabetical entry of names] and contains [entry fields to provide for] the following
3661     [information] for each registered voter:
3662          (i) [registered voter's] name;
3663          (ii) party affiliation;
3664          (iii) an entry field for a voter challenge, including the name of the individual making
3665     the challenge and the grounds for the challenge;
3666          [(iv) name of person challenging a voter;]
3667          [(v) primary, November, special;]
3668          (iv) election name and date;
3669          [(vi)] (v) date of birth;
3670          [(vii) place of birth;]
3671          [(viii)] (vi) place of current residence;
3672          [(ix)] (vii) street address of current residence;
3673          [(x)] (viii) zip code;
3674          [(xi)] (ix) identification and provisional ballot information as required under
3675     Subsection (1)(d); and
3676          [(xii)] (x) space for the voter to sign [his] the voter's name for [each] the election.
3677          (c) When preparing the official register for the presidential primary election, the county
3678     clerk shall include:
3679          (i) an entry field to record the name of the political party whose ballot the voter voted;
3680     and
3681          (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
3682          (d) When preparing the official register for any regular general election, municipal
3683     general election, statewide special election, local special election, regular primary election,
3684     municipal primary election, local district election, or election for federal office, the county
3685     clerk shall include:

3686          (i) an entry field for the poll worker to record the type of identification provided by the
3687     voter;
3688          (ii) a [column] space for the poll worker to record the provisional envelope ballot
3689     number for voters who receive a provisional ballot; and
3690          (iii) a space for the poll worker to record the type of identification that was provided by
3691     voters who receive a provisional ballot.
3692          (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
3693     elections, local district elections, and bond elections, the county clerk shall make an official
3694     register only for voting precincts affected by the primary, municipal, local district, or bond
3695     election.
3696          (ii) If a polling place to be used in a bond election serves both voters residing in the
3697     local political subdivision calling the bond election and voters residing outside of that local
3698     political subdivision, the official register shall designate whether each voter resides in or
3699     outside of the local political subdivision.
3700          (iii) Each county clerk, with the assistance of the clerk of each affected local district,
3701     shall provide a detailed map or an indication on the registration list or other means to enable a
3702     poll worker to determine the voters entitled to vote at an election of local district officers.
3703          (b) Municipalities shall pay the costs of making the official register for municipal
3704     elections.
3705          Section 83. Section 20A-5-403 is amended to read:
3706          20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections --
3707     Arrangements.
3708          (1) [Each] Except as provided in Section 20A-7-609.5, each election officer shall:
3709          (a) designate polling places for each voting precinct in the jurisdiction; and
3710          (b) obtain the approval of the county or municipal legislative body or local district
3711     governing board for those polling places.
3712          (2) (a) For each polling place, the election officer shall provide:
3713          (i) an American flag;
3714          (ii) a sufficient number of voting booths or compartments;
3715          (iii) the voting devices, voting booths, ballots, ballot boxes, [ballot labels, ballot sheets,
3716     write-in ballots,] and any other records and supplies necessary to enable a voter to vote;

3717          (iv) the constitutional amendment cards required by Part 1, Election Notices and
3718     Instructions;
3719          (v) voter information pamphlets required by Chapter 7, Part 7, Voter Information
3720     Pamphlet;
3721          (vi) the [instruction cards] instructions required by Section 20A-5-102; and
3722          (vii) a sign, to be prominently displayed in the polling place, indicating that valid voter
3723     identification is required for every voter before the voter may vote and listing the forms of
3724     identification that constitute valid voter identification.
3725          (b) Each election officer shall ensure that:
3726          (i) each voting booth is at a convenient height for writing, and is arranged so that the
3727     voter can prepare the voter's ballot screened from observation;
3728          (ii) there are a sufficient number of voting booths or voting devices to accommodate
3729     the voters at that polling place; and
3730          (iii) there is at least one voting booth or voting device that is configured to
3731     accommodate persons with disabilities.
3732          (c) Each county clerk shall provide a ballot box for each polling place that is large
3733     enough to properly receive and hold the ballots to be cast.
3734          (3) (a) All polling places shall be physically inspected by each county clerk to ensure
3735     access by a person with a disability.
3736          (b) Any issues concerning inaccessibility to polling places by a person with a disability
3737     discovered during the inspections referred to in Subsection (3)(a) or reported to the county
3738     clerk shall be:
3739          (i) forwarded to the Office of the Lieutenant Governor; and
3740          (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
3741     either:
3742          (A) remedied at the particular location by the county clerk;
3743          (B) the county clerk shall designate an alternative accessible location for the particular
3744     precinct; or
3745          (C) if no practical solution can be identified, file with the Office of the Lieutenant
3746     Governor a written explanation identifying the reasons compliance cannot reasonably be met.
3747          (4) (a) The municipality in which the election is held shall pay the cost of conducting

3748     each municipal election, including the cost of printing and supplies.
3749          (b) (i) Costs assessed by a county clerk to a municipality under this section may not
3750     exceed the actual costs incurred by the county clerk.
3751          (ii) The actual costs shall include:
3752          (A) costs of or rental fees associated with the use of election equipment and supplies;
3753     and
3754          (B) reasonable and necessary administrative costs.
3755          (5) The county clerk shall make detailed entries of all proceedings had under this
3756     chapter.
3757          (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
3758     that an individual waits in line before the individual can vote at a polling location in the county
3759     does not exceed 30 minutes.
3760          (b) The lieutenant governor may require a county clerk to submit a line management
3761     plan before the next election if an individual waits in line at a polling location in the county
3762     longer than 30 minutes before the individual can vote.
3763          (c) The lieutenant governor may consider extenuating circumstances in deciding
3764     whether to require the county clerk to submit a plan described in Subsection (6)(b).
3765          (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b)
3766     and consult with the county clerk submitting the plan to ensure, to the extent possible, that the
3767     amount of time an individual waits in line before the individual can vote at a polling location in
3768     the county does not exceed 30 minutes.
3769          Section 84. Section 20A-5-403.5 is enacted to read:
3770          20A-5-403.5. Ballot drop boxes.
3771          (1) An election officer:
3772          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
3773          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
3774     election officer's jurisdiction.
3775          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
3776     shall, at least 19 days before the date of the election, publish notice of the location of each
3777     ballot drop box designated under Subsection (1):
3778          (a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the

3779     election;
3780          (ii) if there is no newspaper of general circulation in the jurisdiction holding the
3781     election, by posting one notice, and at least one additional notice per 2,000 population of the
3782     jurisdiction holding the election, in places within the jurisdiction that are most likely to give
3783     notice to the residents in the jurisdiction; or
3784          (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
3785          (b) on the Utah Public Notice Website created in Section 63F-1-701, for 19 days before
3786     the day of the election;
3787          (c) in accordance with Section 45-1-101, for 19 days before the date of the election;
3788     and
3789          (d) on the jurisdiction's website for 19 days before the day of the election.
3790          (3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
3791     election officer may publish a statement that specifies the following sources where a voter may
3792     view or obtain a copy of all ballot drop box locations:
3793          (a) the jurisdiction's website;
3794          (b) the physical address of the jurisdiction's offices; and
3795          (c) a mailing address and telephone number.
3796          (4) The election officer shall include in the notice described in Subsection (2):
3797          (a) the address of the Statewide Electronic Voter Information Website and, if available,
3798     the address of the election officer's website, with a statement indicating that the election officer
3799     will post on the website the location of each ballot drop box, including any changes to the
3800     location of a ballot drop box and the location of additional ballot drop boxes; and
3801          (b) a phone number that a voter may call to obtain information regarding the location
3802     of a ballot drop box.
3803          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3804     deadline described in Subsection (2):
3805          (i) if necessary, change the location of a ballot drop box; or
3806          (ii) if the election officer determines that the number of ballot drop boxes is
3807     insufficient due to the number of registered voters who are voting, designate additional ballot
3808     drop boxes.
3809          (b) Except as provided in Section 20A-1-308, if an election officer changes the

3810     location of a ballot box or designates an additional ballot drop box location, the election officer
3811     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
3812     the additional ballot drop box location:
3813          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
3814          (ii) by posting the information on the website of the election officer, if available; and
3815          (iii) by posting notice:
3816          (A) for a change in the location of a ballot drop box, at the new location and, if
3817     possible, the old location; and
3818          (B) for an additional ballot drop box location, at the additional ballot drop box
3819     location.
3820          (6) An election officer may, at any time, authorize two or more poll workers to remove
3821     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
3822          Section 85. Section 20A-5-404 is amended to read:
3823          20A-5-404. Election forms -- Preparation and contents.
3824          (1) (a) For each election, the election officer shall prepare, for each [voting precinct, a:
3825     (i) ballot disposition form; (ii) total votes cast form; (iii) tally sheet form; and (iv) pollbook.]
3826     polling place:
3827          (i) forms for poll workers to record and verify security seals, ballots cast, and the
3828     number of voters who voted; and
3829          (ii) an official register or pollbook.
3830          (b) For each election, the election officer shall:
3831          (i) provide a copy of each form to each of those precincts using paper ballots; and
3832          (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
3833     precincts using an automated voting system.
3834          (2) The election officer shall ensure that the [ballot disposition form contains] forms
3835     described in Subsection (1)(a)(i) include:
3836          (a) a space for the judges to identify:
3837          [(a)] (i) the number of ballots voted;
3838          [(b) the number of substitute ballots voted, if any;]
3839          [(c) the number of ballots delivered to the voters;]
3840          [(d) the number of spoiled ballots;]

3841          [(e)] (ii) the number of registered voters listed in the official register or pollbook; and
3842          [(f)] (iii) the total number of voters voting according to the official register or
3843     pollbook; and
3844          (b) a certification, in substantially the following form:
3845          "We, the undersigned, judges of an election held at ______ voting precinct, in _______
3846     County, state of Utah, on __________(month\day\year), having first been sworn according to
3847     law, certify that the information in this form is a true statement of the number and names of the
3848     individuals voting in the voting precinct at the election, and that the total number of individuals
3849     voting at the election was ____.
3850          _____________________________
3851          _____________________________
3852          _____________________________
3853          Judges of Election".
3854          [(g) the number of unused ballots.]
3855          [(3) The election officer shall ensure that the total votes cast form contains:]
3856          [(a) the name of each candidate appearing on the ballot, the office for which the
3857     candidate is running, and a blank space for the election judges to record the number of votes
3858     that the candidate received;]
3859          [(b) for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
3860     Municipal Alternate Voting Methods Pilot Project, the name of each candidate appearing on
3861     the ballot, the office for which the candidate is running, and blank spaces for the election
3862     judges to record the number of votes counted for each potential phase of the canvass;]
3863          [(c) for each office, blank spaces for the election judges to record the names of write-in
3864     candidates, if any, and a blank space for the election judges to record the number of votes that
3865     the write-in candidate received;]
3866          [(d) a heading identifying each ballot proposition and blank spaces for the election
3867     judges to record the number of votes for and against each proposition; and]
3868          [(e) a certification, in substantially the following form, to be signed by the judges when
3869     they have completed the total votes cast form:]
3870          ["TOTAL VOTES CAST]
3871          [At an election held at ____ in ____ voting precinct in ____________(name of entity

3872     holding the election) and State of Utah, on __________(month\day\year), the following named
3873     persons received the number of votes annexed to their respective names for the following
3874     described offices: Total number of votes cast were as follows:]
3875          [Certified by us ____, ____, ____, Judges of Election."]
3876          [(4) The election officer shall ensure that the tally sheet form contains:]
3877          [(a) for each office, the names of the candidates for that office, and blank spaces to
3878     tally the votes that each candidate receives;]
3879          [(b) for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
3880     Municipal Alternate Voting Methods Pilot Project, the name of each candidate for office and
3881     blank spaces to tally the number of valid votes counted for each candidate for each potential
3882     phase of the canvass;]
3883          [(c) for each office, blank spaces for the election judges to record the names of write-in
3884     candidates, if any, and a blank space for the election judges to tally the votes for each write-in
3885     candidate;]
3886          [(d) for each ballot proposition, a heading identifying the ballot proposition and the
3887     words "Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of
3888     them for the election judges to tally the ballot proposition votes; and]
3889          [(e) a certification, in substantially the following form, to be signed by the judges when
3890     they have completed the tally sheet form:]
3891          ["Tally Sheet]
3892          [We the undersigned election judges for voting precinct #________________,
3893     _______________(entity holding the election) certify that this is a true and correct list of all
3894     persons voted for and ballot propositions voted on at the election held in that voting precinct on
3895     _______________________(date of election) and is a tally of the votes cast for each of those
3896     persons. Certified by us ____, ____, ____, Judges of Election."]
3897          [(5)] (3) The election officer shall ensure that the official register or pollbook:
3898          (a) identifies the voting precinct number on [its] the face of the official register or
3899     pollbook; and
3900          (b) contains:
3901          (i) a section to record [persons] individuals voting on election day[, with columns
3902     entitled "Ballot Number" and "Voter's Name"]; and

3903          [(ii) another section in which to record absentee ballots;]
3904          [(iii)] (ii) a section in which to record voters who are challenged[; and].
3905          [(iv) a certification, in substantially the following form:]
3906          ["We, the undersigned, judges of an election held at ______ voting precinct, in
3907     _______ County, state of Utah, on __________(month\day\year), having first been sworn
3908     according to law, certify that the information listed in this book is a true statement of the
3909     number and names of the persons voting in the voting precinct at the election, and that the total
3910     number of persons voting at the election was ____."]
3911     
[_____________________________]

3912     
[_____________________________]

3913     
[_____________________________]

3914     
[Judges of Election]

3915          Section 86. Section 20A-5-405 is amended to read:
3916          20A-5-405. Election officer to provide ballots.
3917          (1) [In jurisdictions using paper ballots, each] An election officer shall:
3918          (a) provide [printed official paper] ballots [and absentee ballots] for every election of
3919     public officers in which the voters, or any of the voters, within the election officer's jurisdiction
3920     participate;
3921          (b) cause the name of every candidate whose nomination has been certified to or filed
3922     with the election officer in the manner provided by law to be [printed on each official paper
3923     ballot and absentee] included on each ballot;
3924          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
3925     be [printed on each official paper ballot and absentee] included on each ballot;
3926          (d) ensure that the [official paper] ballots are [printed] prepared and in the possession
3927     of the election officer before commencement of voting;
3928          [(e) ensure that the absentee ballots are printed and in the possession of the election
3929     officer with sufficient time before commencement of voting;]
3930          [(f) cause any ballot proposition that has qualified for the ballot as provided by law to
3931     be printed on each official paper ballot and absentee ballot;]
3932          [(g)] (e) allow candidates and their agents and the sponsors of ballot propositions that
3933     have qualified for the official ballot to inspect the [official paper ballots and absentee] ballots;

3934          [(h)] (f) cause sample ballots to be printed that are in the same form as official [paper]
3935     ballots and that contain the same information as official [paper] ballots but that are printed on
3936     different colored paper than official [paper] ballots or are identified by a watermark;
3937          [(i)] (g) ensure that the sample ballots are printed and in the possession of the election
3938     officer at least seven days before commencement of voting;
3939          [(j)] (h) make the sample ballots available for public inspection by:
3940          (i) posting a copy of the sample ballot in the election officer's office at least seven days
3941     before commencement of voting;
3942          (ii) mailing a copy of the sample ballot to:
3943          (A) each candidate listed on the ballot; and
3944          (B) the lieutenant governor;
3945          (iii) publishing a copy of the sample ballot:
3946          (A) except as provided in Subsection [(5)] (2), at least seven days before the day of the
3947     election in a newspaper of general circulation in the jurisdiction holding the election;
3948          (B) if there is no newspaper of general circulation in the jurisdiction holding the
3949     election, at least seven days before the day of the election, by posting one copy of the sample
3950     ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3951     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
3952     the jurisdiction; or
3953          (C) at least 10 days before the day of the election, by mailing a copy of the sample
3954     ballot to each registered voter who resides in the jurisdiction holding the election;
3955          (iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
3956     in Section 63F-1-701, for seven days before the day of the election;
3957          (v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
3958     least seven days before the day of the election; and
3959          (vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
3960     seven days before the day of the election;
3961          [(k)] (i) deliver at least five copies of the sample ballot to poll workers for each polling
3962     place and direct them to post the sample ballots as required by Section 20A-5-102; and
3963          [(l)] (j) print and deliver, at the expense of the jurisdiction conducting the election,
3964     enough [official paper ballots, absentee] ballots, sample ballots, and [instruction cards]

3965     instructions to meet the voting demands of the qualified voters in each voting precinct.
3966          [(2) In jurisdictions using a punch card ballot, each election officer shall:]
3967          [(a) provide official ballot sheets, absentee ballot sheets, and printed official ballot
3968     labels for every election of public officers in which the voters, or any of the voters, within the
3969     election officer's jurisdiction participate;]
3970          [(b) cause the name of every candidate who filed with the election officer in the
3971     manner provided by law or whose nomination has been certified to the election officer to be
3972     printed on each official ballot label;]
3973          [(c) cause each ballot proposition that has qualified for the ballot as provided by law to
3974     be printed on each official ballot label;]
3975          [(d) ensure that the official ballot labels are printed and in the possession of the
3976     election officer before the commencement of voting;]
3977          [(e) ensure that the absentee ballots are printed and in the possession of the election
3978     officer with sufficient time before commencement of voting;]
3979          [(f) cause any ballot proposition that has qualified for the ballot as provided by law to
3980     be printed on each official ballot label and absentee ballot;]
3981          [(g) allow candidates and their agents and the sponsors of ballot propositions that have
3982     qualified for the official sample ballot to inspect the official sample ballot;]
3983          [(h) cause sample ballots to be printed that contain the same information as official
3984     ballot labels but that are distinguishable from official ballot labels;]
3985          [(i) ensure that the sample ballots are printed and in the possession of the election
3986     officer at least seven days before commencement of voting;]
3987          [(j) make the sample ballots available for public inspection by:]
3988          [(i) posting a copy of the sample ballot in his office at least seven days before
3989     commencement of voting;]
3990          [(ii) mailing a copy of the sample ballot to:]
3991          [(A) each candidate listed on the ballot; and]
3992          [(B) the lieutenant governor;]
3993          [(iii) publishing a copy of the sample ballot:]
3994          [(A) except as provided in Subsection (5), at least seven days before the day of the
3995     election in a newspaper of general circulation in the jurisdiction holding the election;]

3996          [(B) if there is no newspaper of general circulation in the jurisdiction holding the
3997     election, at least seven days before the day of the election, by posting one copy of the sample
3998     ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3999     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
4000     the jurisdiction; or]
4001          [(C) at least 10 days before the day of the election, by mailing a copy of the sample
4002     ballot to each registered voter who resides in the jurisdiction holding the election;]
4003          [(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
4004     in Section 63F-1-701, for seven days before the day of the election;]
4005          [(v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
4006     least seven days before the day of the election; and]
4007          [(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
4008     seven days before the day of the election;]
4009          [(k) deliver at least five copies of the sample ballot to poll workers for each polling
4010     place and direct them to post the sample ballots as required by Section 20A-5-102; and]
4011          [(l) print and deliver official ballot sheets, official ballot labels, sample ballots, and
4012     instruction cards at the expense of the jurisdiction conducting the election.]
4013          [(3) In jurisdictions using a ballot sheet other than a punch card, each election officer
4014     shall:]
4015          [(a) provide official ballot sheets and absentee ballot sheets for every election of public
4016     officers in which the voters, or any of the voters, within the election officer's jurisdiction
4017     participate;]
4018          [(b) cause the name of every candidate who filed with the election officer in the
4019     manner provided by law or whose nomination has been certified to or filed with the election
4020     officer to be printed on each official ballot and absentee ballot;]
4021          [(c) cause each ballot proposition that has qualified for the ballot as provided by law to
4022     be printed on each official ballot and absentee ballot;]
4023          [(d) ensure that the official ballots are printed and in the possession of the election
4024     officer before commencement of voting;]
4025          [(e) ensure that the absentee ballots are printed and in the possession of the election
4026     officer with sufficient time before commencement of voting;]

4027          [(f) cause any ballot proposition that has qualified for the ballot as provided by law to
4028     be printed on each official ballot and absentee ballot;]
4029          [(g) allow candidates and their agents and the sponsors of ballot propositions that have
4030     qualified for the official sample ballot to inspect the official sample ballot;]
4031          [(h) cause sample ballots to be printed that contain the same information as official
4032     ballots but that are distinguishable from the official ballots;]
4033          [(i) ensure that the sample ballots are printed and in the possession of the election
4034     officer at least seven days before commencement of voting;]
4035          [(j) make the sample ballots available for public inspection by:]
4036          [(i) posting a copy of the sample ballot in the election officer's office at least seven
4037     days before commencement of voting;]
4038          [(ii) mailing a copy of the sample ballot to:]
4039          [(A) each candidate listed on the ballot; and]
4040          [(B) the lieutenant governor;]
4041          [(iii) publishing a copy of the sample ballot:]
4042          [(A) except as provided in Subsection (5), at least seven days before the day of the
4043     election in a newspaper of general circulation in the jurisdiction holding the election;]
4044          [(B) if there is no newspaper of general circulation in the jurisdiction holding the
4045     election, at least seven days before the day of the election, by posting one copy of the sample
4046     ballot, and at least one additional copy of the sample ballot per 2,000 population of the
4047     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
4048     the jurisdiction; or]
4049          [(C) at least 10 days before the day of the election, by mailing a copy of the sample
4050     ballot to each registered voter who resides in the jurisdiction holding the election;]
4051          [(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
4052     in Section 63F-1-701, for seven days before the day of the election;]
4053          [(v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
4054     least seven days before the day of the election; and]
4055          [(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
4056     seven days before the day of the election;]
4057          [(k) deliver at least five copies of the sample ballot to poll workers for each polling

4058     place and direct them to post the sample ballots as required by Section 20A-5-102; and]
4059          [(l) print and deliver, at the expense of the jurisdiction conducting the election, enough
4060     official ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
4061     demands of the qualified voters in each voting precinct.]
4062          [(4) In jurisdictions using electronic ballots, each election officer shall:]
4063          [(a) provide official ballots for every election of public officers in which the voters, or
4064     any of the voters, within the election officer's jurisdiction participate;]
4065          [(b) cause the name of every candidate who filed with the election officer in the
4066     manner provided by law or whose nomination has been certified to the election officer to be
4067     displayed on each official ballot;]
4068          [(c) cause each ballot proposition that has qualified for the ballot as provided by law to
4069     be displayed on each official ballot;]
4070          [(d) ensure that the official ballots are prepared and in the possession of the election
4071     officer before commencement of voting;]
4072          [(e) ensure that the absentee ballots are prepared and in the possession of the election
4073     officer with sufficient time before commencement of voting;]
4074          [(f) cause any ballot proposition that has qualified for the ballot as provided by law to
4075     be printed on each official ballot and absentee ballot;]
4076          [(g) allow candidates and their agents and the sponsors of ballot propositions that have
4077     qualified for the official sample ballot to inspect the official sample ballot;]
4078          [(h) cause sample ballots to be printed that contain the same information as official
4079     ballots but that are distinguishable from official ballots;]
4080          [(i) ensure that the sample ballots are printed and in the possession of the election
4081     officer at least seven days before commencement of voting;]
4082          [(j) make the sample ballots available for public inspection by:]
4083          [(i) posting a copy of the sample ballot in the election officer's office at least seven
4084     days before commencement of voting;]
4085          [(ii) mailing a copy of the sample ballot to:]
4086          [(A) each candidate listed on the ballot; and]
4087          [(B) the lieutenant governor;]
4088          [(iii) publishing a copy of the sample ballot immediately before the election:]

4089          [(A) except as provided in Subsection (5), at least seven days before the day of the
4090     election in a newspaper of general circulation in the jurisdiction holding the election;]
4091          [(B) if there is no newspaper of general circulation in the jurisdiction holding the
4092     election, at least seven days before the day of the election, by posting one copy of the sample
4093     ballot, and at least one additional copy of the sample ballot per 2,000 population of the
4094     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
4095     the jurisdiction; or]
4096          [(C) at least 10 days before the day of the election, by mailing a copy of the sample
4097     ballot to each registered voter who resides in the jurisdiction holding the election;]
4098          [(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
4099     in Section 63F-1-701, for seven days before the day of the election;]
4100          [(v) in accordance with Section 45-1-101, publishing a copy of the sample ballot for at
4101     least seven days before the day of the election; and]
4102          [(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
4103     seven days before the day of the election;]
4104          [(k) deliver at least five copies of the sample ballot to poll workers for each polling
4105     place and direct them to post the sample ballots as required by Section 20A-5-102; and]
4106          [(l) prepare and deliver official ballots, sample ballots, and instruction cards at the
4107     expense of the jurisdiction conducting the election.]
4108          [(5)] (2) Instead of publishing the entire sample ballot under Subsection [(1)(j)(iii)(A),
4109     (2)(j)(iii)(A), (3)(j)(iii)(A), or (4)(j)(iii)(A),] (1)(h)(iii)(A), the election officer may publish a
4110     statement that:
4111          (a) is entitled, "sample ballot";
4112          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
4113     upcoming [indicate type and date of election] may be obtained from the following sources:";
4114     and
4115          (c) specifies the following sources where an individual may view or obtain a copy of
4116     the sample ballot:
4117          (i) if the jurisdiction has a website, the jurisdiction's website;
4118          (ii) the physical address of the jurisdiction's offices; and
4119          (iii) a mailing address and telephone number.

4120          [(6)] (3) (a) Each election officer shall, without delay, correct any error discovered in
4121     any [official paper ballot, ballot label, ballot sheet, electronic ballot, or sample] ballot, if the
4122     correction can be made without interfering with the timely distribution of the [paper ballots,
4123     ballot labels, ballot sheets, or electronic] ballots.
4124          (b) (i) If the election officer discovers an error or omission in a [paper] manual ballot,
4125     [ballot label, or ballot sheet,] and it is not possible to correct the error or omission [by
4126     reprinting the paper ballots, ballot labels, or ballot sheets], the election officer shall direct the
4127     poll workers to make the necessary corrections on the [official paper] manual ballots[, ballot
4128     labels, or ballot sheets] before [they] the ballots are distributed [at the polls].
4129          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
4130     not possible to correct the error or omission by revising the electronic ballot, the election
4131     officer shall direct the poll workers to post notice of each error or omission with instructions on
4132     how to correct each error or omission in a prominent position at each polling booth.
4133          (c) (i) If the election officer refuses or fails to correct an error or omission in [the paper
4134     ballots, ballot labels, ballot sheets, or electronic ballots,] a ballot, a candidate or a candidate's
4135     agent may file a verified petition with the district court asserting that:
4136          (A) an error or omission has occurred in:
4137          (I) the publication of the name or description of a candidate;
4138          (II) the preparation or display of an electronic ballot; or
4139          (III) in the printing of sample or official [paper] manual ballots[, ballot labels, or ballot
4140     sheets]; and
4141          (B) the election officer has failed to correct or provide for the correction of the error or
4142     omission.
4143          (ii) The district court shall issue an order requiring correction of any error in a [paper
4144     ballot, ballot label, ballot sheet, or electronic] ballot or an order to show cause why the error
4145     should not be corrected if it appears to the court that the error or omission has occurred and the
4146     election officer has failed to correct [it or failed to provide for its correction] or provide for the
4147     correction of the error or ommission.
4148          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
4149     Supreme Court within five days after the [decision of] day on which the district court enters the
4150     decision.

4151          Section 87. Section 20A-5-406 is amended to read:
4152          20A-5-406. Delivery of ballots.
4153          [(1) In elections using paper ballots or ballot sheets:]
4154          [(a) Each] (1) An election officer shall deliver manual ballots to the poll workers of
4155     each voting precinct in [his] the election officer's jurisdiction in an amount sufficient to meet
4156     voting needs during the voting period.
4157          [(b) The election officer shall:]
4158          [(i) package and deliver the ballots to the election judges;]
4159          [(ii) clearly mark the outside of the package with:]
4160          [(A) the voting precinct and polling place for which it is intended; and]
4161          [(B) the number of each type of ballots enclosed;]
4162          [(iii) ensure that each package is delivered before commencement of voting to a poll
4163     worker in each precinct; and]
4164          [(iv) obtain a receipt for the ballots from the poll worker to whom they were delivered
4165     that identifies the date and time when, and the manner in which, each ballot package was sent
4166     and delivered.]
4167          [(c) The election officer shall prepare substitute ballots in the form required by this
4168     Subsection (1) if any poll worker reports that:]
4169          [(i) the ballots were not delivered on time; or]
4170          [(ii) after delivery, they were destroyed or stolen.]
4171          [(d) The election officer shall:]
4172          [(i) prepare the substitute ballots as nearly in the form prescribed for official ballots as
4173     practicable;]
4174          [(ii) cause the word "substitute" to be printed in brackets:]
4175          [(A) for a ballot prepared by an election officer other than a county clerk, immediately
4176     under the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or]
4177          [(B) for a ballot prepared by a county clerk, immediately under the words required by
4178     Subsection 20A-6-301(1)(b)(iii);]
4179          [(iii) place the ballots in two separate packages, each package containing 1/2 the ballots
4180     sent to that voting precinct; and]
4181          [(iv) place a signed statement in each package certifying that the substitute ballots

4182     found in the package were prepared and furnished by the election officer, and that the original
4183     ballots were not received, were destroyed, or were stolen.]
4184          (2) [In elections using electronic] For mechanical ballots[: (a) Each], an election
4185     officer shall:
4186          [(i)] (a) deliver the voting devices and [electronic] mechanical ballots [prior to the
4187     commencement of] before voting commences at the polling place;
4188          [(ii)] (b) ensure that the voting devices, equipment, and [electronic] mechanical ballots
4189     are properly secured before commencement of voting; [and]
4190          [(iii)] (c) when [electronic] mechanical ballots or voting devices containing [electronic]
4191     mechanical ballots are delivered to a [poll worker, obtain a receipt from the poll worker to
4192     whom they were delivered that identifies: (A) the name of the poll worker receiving delivery;
4193     and (B) the date and time when the ballots or voting devices containing the electronic ballots
4194     were delivered. (b) The election officer shall] polling location, ensure that security procedures,
4195     developed by the election officer, are followed to document chain of custody and to prevent
4196     unauthorized access; and
4197          (d) repair or provide substitute voting devices, equipment, or electronic ballots, if
4198     available, if any poll worker reports that:
4199          (i) the voting devices or equipment were not delivered on time;
4200          (ii) the voting devices or equipment do not contain the appropriate electronic ballot
4201     information;
4202          (iii) the safety devices on the voting devices, equipment, or electronic ballots appear to
4203     have been tampered with;
4204          (iv) the voting devices or equipment do not appear to be functioning properly; or
4205          (v) after delivery, the voting devices, equipment, or electronic ballots were destroyed
4206     or stolen.
4207          [(c) If the election officer is unable to prepare and provide substitute voting devices,
4208     equipment, or electronic ballots, the election officer may elect to provide paper ballots or ballot
4209     sheets according to the requirements of Subsection (1).]
4210          Section 88. Section 20A-5-407 is amended to read:
4211          20A-5-407. Election officer to provide ballot boxes.
4212          (1) Except as provided in Subsection (3), [each] an election officer shall:

4213          (a) provide one ballot box with a lock and key for each polling place; and
4214          (b) deliver the ballot boxes, locks, and keys to the polling place [or the election judges
4215     of each voting precinct no later than noon on the day before the election] before the polls open.
4216          (2) [Election officers for municipalities and local districts] An election officer for a
4217     municipality or local district may obtain ballot boxes from the county clerk's office.
4218          (3) If locks and keys are unavailable, the election officer shall ensure that the ballot
4219     box lid [shall be] is secured by tape.
4220          Section 89. Section 20A-5-408 is amended to read:
4221          20A-5-408. Disposition of election returns.
4222          (1) Each election officer shall produce the packages containing the election returns
4223     before the board of canvassers.
4224          (2) As soon as the returns are canvassed, the election officer shall file the [pollbook,
4225     lists,] election returns and papers produced before the board as required by Section 20A-4-202.
4226          Section 90. Section 20A-5-410, which is renumbered from Section 20A-3-304.1 is
4227     renumbered and amended to read:
4228          [20A-3-304.1].      20A-5-410. Election officer to provide voting history
4229     information and status.
4230          (1) As used in this section[: (a) "Qualified absentee ballot application" means an
4231     absentee ballot application filed under Section 20A-3-304 from a voter who the election officer
4232     determines is eligible to receive an absentee ballot. (b) "Voting], "voting history record" means
4233     the information about the existence and status of absentee ballot requests required by this
4234     section.
4235          (2) (a) Each election officer shall maintain, in the election officer's office, a voting
4236     history record of those voters [that have cast a vote by:] registered to vote in the election
4237     officer's jurisdiction.
4238          [(i) absentee ballot; and]
4239          [(ii) early voting.]
4240          (b) [The] Except as it relates to a voter whose voter registration record is classified as
4241     private under Subsection 63G-2-302(1)(k), the voting history record is a public record under
4242     Title 63G, Chapter 2, Government Records Access and Management Act.
4243          (3) The election officer shall ensure that the voting history record for each voting

4244     precinct contains:
4245          (a) for [absentee] voting by mail:
4246          [(i) the name and address of each person who has filed a qualified absentee ballot
4247     application;]
4248          [(ii) the date that the application was received; and]
4249          [(iii) the current status of each qualified absentee ballot application including
4250     specifically:]
4251          [(A)] (i) the date that the [absentee] manual ballot was mailed to the voter; and
4252          [(B)] (ii) the date that the voted [absentee] manual ballot was received by the election
4253     officer; [and]
4254          (b) for early voting:
4255          (i) the name and address of each [person who has voted during the early voting period]
4256     individual who participated in early voting; and
4257          (ii) the date the [person's vote was cast.] individual voted; and
4258          (c) for voting on election day, the name and address of each individual who voted on
4259     election day.
4260          (4) (a) Notwithstanding the time limits for response to a request for records under
4261     Section 63G-2-204 or the time limits for a request for records established in any ordinance, the
4262     election officer shall ensure that the information required by this section is recorded and made
4263     available to the public no later than one business day after its receipt in the election officer's
4264     office.
4265          (b) Notwithstanding the fee requirements of Section 63G-2-203 or the fee requirements
4266     established in any ordinance, the election officer shall make copies of the voting history record
4267     available to the public for the actual cost of production or copying.
4268          Section 91. Section 20A-5-601 is amended to read:
4269          20A-5-601. Appointment of poll workers in elections where candidates are
4270     distinguished by registered political parties.
4271          (1) (a) [By] This section governs appointment of poll workers in elections where
4272     candidates are distinguished by registered political parties.
4273          (b) On or before March 1 of each even-numbered year, [each county clerk] an election
4274     officer shall provide to the county chair of each registered political party a list of the number of

4275     poll workers that the party must nominate for each [voting precinct] polling place.
4276          [(b) (i)] (c) [By] On or before April 1 of each even-numbered year, the county chair
4277     and secretary of each registered political party shall file a list with the [county clerk containing,
4278     for each voting precinct,] election officer containing the names of individuals in the county
4279     who are willing to serve as poll workers, who are qualified to serve as poll workers in
4280     accordance with this section, and who are competent and trustworthy.
4281          [(ii)] (d) The county chair and secretary shall submit[, for each voting precinct,] names
4282     equal in number to the number required by the [county clerk] election officer, plus one.
4283          (2) Each [county legislative body] election officer shall provide for the appointment of
4284     individuals to serve as poll workers at [the regular primary election, the regular general
4285     election, the presidential primary election, and a statewide or countywide special] each
4286     election.
4287          (3) (a) For [regular general elections and statewide or countywide special elections]
4288     each election, each [county legislative body] election officer shall provide for the appointment
4289     of[: (a) (i)] at least three registered voters, or one individual who is 16 or 17 years of age and
4290     two registered voters, one of whom is at least 21 years of age, from the list to serve as poll
4291     workers [receiving judges for each voting precinct when ballots will be counted after the polls
4292     close; or].
4293          (b) An election officer may appoint additional poll workers, as needed.
4294          [(ii) three registered voters, or one individual who is 16 or 17 years of age and two
4295     registered voters, one of whom is at least 21 years of age, from the list to serve as receiving
4296     judges in each voting precinct and three registered voters from the list to serve as counting
4297     judges in each voting precinct when ballots will be counted throughout election day; and]
4298          [(b) three registered voters from the list for each 100 absentee ballots to be counted to
4299     serve as canvassing judges.]
4300          [(4) For each precinct in which ballots are counted after the polls close in a regular
4301     primary election or presidential primary election, each county legislative body shall provide for
4302     the appointment of two or three individuals from the list to serve as receiving judges:]
4303          [(a) each of whom is a registered voter; or]
4304          [(b) (i) the first of whom is a registered voter and is at least 21 years of age;]
4305          [(ii) the second of whom is 16 or 17 years of age; and]

4306          [(iii) if three individuals are appointed, the third of whom is a registered voter.]
4307          [(5) For each precinct in which ballots are counted throughout election day in a regular
4308     primary election or presidential primary election, each county legislative body shall provide for
4309     the appointment of:]
4310          [(a) two or three individuals from the list to serve as receiving judges:]
4311          [(i) each of whom is a registered voter; or]
4312          [(ii) (A) the first of whom is a registered voter and is at least 21 years of age;]
4313          [(B) the second of whom is 16 or 17 years of age; and]
4314          [(C) if three individuals are appointed, the third of whom is a registered voter; and]
4315          [(b) two or three individuals from the list to serve as counting judges:]
4316          [(i) each of whom is a registered voter; or]
4317          [(ii) (A) one of whom is 17 years of age and will be 18 years of age by the date of the
4318     next regular general election; and]
4319          [(B) each of the rest of whom is a registered voter; and]
4320          [(c) two or three registered voters, or one or two registered voters and one individual
4321     17 years of age who will be 18 years of age by the date of the next regular general election,
4322     from the list for each 100 absentee ballots to be counted to serve as canvassing judges.]
4323          [(6) Each county legislative body may provide for the appointment of:]
4324          [(a) three registered voters from the list to serve as inspecting judges at the regular
4325     general election, or a statewide or countywide special election, to observe the clerk's receipt
4326     and deposit of the ballots for safekeeping; and]
4327          [(b) two or three registered voters, or one or two registered voters and one individual
4328     17 years of age who will be 18 years of age by the date of the next regular general election,
4329     from the list to serve as inspecting judges at the regular primary election to observe the clerk's
4330     receipt and deposit of the ballots for safekeeping.]
4331          [(7) (a)] (4) For each set of three [counting or receiving judges to be appointed for each
4332     voting precinct for the regular primary election, the regular general election, the presidential
4333     primary election, or a statewide or countywide special] poll workers appointed for a polling
4334     place for an election, the [county legislative body] election officer shall ensure that:
4335          [(i)] (a) two [judges] poll workers are appointed from the political party that cast the
4336     highest number of votes for governor, lieutenant governor, attorney general, state auditor, and

4337     state treasurer, excluding votes for unopposed candidates, in the [voting precinct] jurisdiction
4338     holding the election at the last regular general election before the appointment of the [election
4339     judges] poll workers; and
4340          [(ii)] (b) one [judge] poll worker is appointed from the political party that cast the
4341     second highest number of votes for governor, lieutenant governor, attorney general, state
4342     auditor, and state treasurer, excluding votes for unopposed candidates, in the [voting precinct]
4343     county, city, or local district, as applicable, at the last regular general election before the
4344     appointment of the [election judges] poll workers.
4345          [(b) For each set of two counting or receiving judges to be appointed for each voting
4346     precinct for the regular primary election and the presidential primary election, the county
4347     legislative body shall ensure that:]
4348          [(i) one judge is appointed from the political party that cast the highest number of votes
4349     for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
4350     votes for unopposed candidates, in the voting precinct at the last regular general election before
4351     the appointment of the election judges; and]
4352          [(ii) one judge is appointed from the political party that cast the second highest number
4353     of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
4354     excluding votes for unopposed candidates, in the voting precinct at the last regular general
4355     election before the appointment of the election judges.]
4356          [(8) When the voting precinct boundaries have been changed since the last regular
4357     general election, the county legislative body shall ensure that:]
4358          [(a) for the regular primary election and the presidential primary election, when the
4359     county legislative body is using three receiving, counting, and canvassing judges, and regular
4360     general election, not more than two of the judges are selected from the political party that cast
4361     the highest number of votes for the offices of governor, lieutenant governor, attorney general,
4362     state auditor, and state treasurer in the territory that formed the voting precinct at the time of
4363     appointment; and]
4364          [(b) for the regular primary election and the presidential primary election, when the
4365     county legislative body is using two receiving, counting, and canvassing judges, not more than
4366     one of the judges is selected from the political party that cast the highest number of votes for
4367     the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer

4368     in the territory that formed the voting precinct at the time of appointment.]
4369          [(9)] (5) The [county legislative body] election officer shall provide for the
4370     appointment of any qualified county voter as [an election judge] a poll worker when:
4371          (a) a political party fails to file the poll worker list by the filing deadline; or
4372          (b) the list is incomplete.
4373          [(10)] (6) A registered voter of the county may serve as a poll worker [in any voting
4374     precinct of] at any polling location in the county, municipality, or district, as applicable.
4375          [(11)] (7) [A county legislative body] An election officer may not appoint a candidate's
4376     parent, sibling, spouse, child, mother-in-law, father-in-law, sister-in-law, brother-in-law,
4377     daughter-in-law, or son-in-law to serve as a poll worker in a [precinct] polling place where the
4378     candidate appears on the ballot.
4379          [(12) If an individual serves as a poll worker outside the voting precinct where the
4380     individual is registered, that individual may vote an absentee voter ballot.]
4381          [(13)] (8) The [county clerk] election officer shall fill all poll worker vacancies.
4382          [(14)] (9) If a conflict arises over the right to certify the poll worker lists for any
4383     political party, the [county legislative body] election officer may decide between conflicting
4384     lists, but may only select names from a properly submitted list.
4385          [(15)] (10) The [county legislative body] clerk shall establish compensation for poll
4386     workers.
4387          [(16)] (11) The [county clerk] election officer may appoint additional poll workers to
4388     serve in the polling place as needed.
4389          Section 92. Section 20A-5-602 is amended to read:
4390          20A-5-602. Appointment of poll workers in elections where candidates are not
4391     distinguished by registered political parties.
4392          (1) (a) This section governs appointment of poll workers in elections where candidates
4393     are not distinguished by registered political parties.
4394          [(1)] (b) [A county legislative body, a municipal legislative body, or a local district
4395     board appointing, or providing for the appointment of, a poll worker for a local election under
4396     this section] An election officer shall appoint the poll worker at least 15 days before the date of
4397     the local election.
4398          (2) (a) [For each precinct that uses a paper ballot, and where the ballots are counted

4399     after the polls close, the county legislative body, the municipal legislative body, or the local
4400     district board] The election officer shall appoint, or provide for the appointment of, [three
4401     individuals who reside within the county to serve as poll workers] at least three poll workers as
4402     follows:
4403          (i) three registered voters; or
4404          (ii) two registered voters, one of whom is at least 21 years old, and one individual who
4405     is 16 or 17 years old.
4406          (b) The election officer may appoint additional poll workers to serve in the polling
4407     place as needed.
4408          [(a) each of whom is a registered voter; or]
4409          [(b) (i) the first of whom is a registered voter;]
4410          [(ii) the second of whom is a registered voter and is at least 21 years of age; and]
4411          [(iii) the third of whom is 16 or 17 years of age.]
4412          [(3) For each precinct that uses a paper ballot, and where the ballots are counted
4413     throughout the day, the county legislative body, the municipal legislative body, or the local
4414     district board shall appoint, or provide for the appointment of:]
4415          [(a) three individuals who reside within the county to serve as receiving judges:]
4416          [(i) each of whom is a registered voter; or]
4417          [(ii) (A) the first of whom is a registered voter;]
4418          [(B) the second of whom is a registered voter and is at least 21 years of age; and]
4419          [(C) the third of whom is 16 or 17 years of age; and]
4420          [(b) three individuals who reside within the county to serve as counting judges:]
4421          [(i) each of whom is a registered voter; or]
4422          [(ii) (A) one of whom is 17 years of age and will be 18 years of age by the date of the
4423     next local election; and]
4424          [(B) each of the rest of whom is a registered voter.]
4425          [(4) For each precinct using automated tabulating equipment, the county legislative
4426     body, the municipal legislative body, or the local district board shall appoint, or provide for the
4427     appointment of, three individuals who reside within the county to serve as poll workers:]
4428          [(a) each of whom is a registered voter; or]
4429          [(b) (i) the first of whom is a registered voter;]

4430          [(ii) the second of whom is a registered voter and is at least 21 years of age; and]
4431          [(iii) the third of whom is 16 or 17 years of age.]
4432          [(5) For each precinct using voting machines, the county legislative body, the
4433     municipal legislative body, or the local district board shall appoint, or provide for the
4434     appointment of, four individuals who reside within the county to serve as poll workers:]
4435          [(a) each of whom is a registered voter; or]
4436          [(b) (i) the first of whom is a registered voter and is at least 21 years of age;]
4437          [(ii) the second of whom is 16 or 17 years of age; and]
4438          [(iii) each of the rest of whom is a registered voter.]
4439          [(6) In all jurisdictions, the county legislative body, the municipal legislative body, or
4440     the local district board shall appoint, or provide for the appointment of:]
4441          [(a) at least one registered voter who resides within the county to serve as canvassing
4442     judge, if necessary; and]
4443          [(b) as many alternate poll workers as needed to replace appointed poll workers who
4444     are unable to serve.]
4445          [(7)] (3) The [county legislative body, the municipal legislative body, and the local
4446     district board] election officer may not appoint any candidate's parent, sibling, spouse, child,
4447     mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law to
4448     serve as a poll worker [in a precinct] at a polling place where the candidate appears on the
4449     ballot.
4450          [(8) The clerk shall:]
4451          [(a) prepare and file a list containing the name, address, voting precinct, and telephone
4452     number of each individual appointed; and]
4453          [(b) make the list available in the clerk's office for inspection, examination, and
4454     copying during business hours.]
4455          [(9)] (4) (a) The [county legislative body, the municipal legislative body, and the local
4456     district board] clerk shall compensate poll workers for their services.
4457          (b) The [municipal legislative body and local district board] clerk of a municipality or
4458     local district may not compensate [their] poll workers at a rate higher than that paid by the
4459     county to [its] the county's poll workers.
4460          Section 93. Section 20A-5-603 is amended to read:

4461          20A-5-603. Vacancies -- Removal of poll workers.
4462          (1) (a) If a poll worker or alternate is unable to serve, that poll worker or alternate shall
4463     immediately notify the election officer, who shall fill the vacancy as provided in this section.
4464          (b) The election officer may fill a vacancy occurring under this section by appointing
4465     the alternate to serve or, if that is impossible, by appointing some other qualified person to fill
4466     the vacancy.
4467          (2) The election officer shall summarily remove any poll worker who:
4468          (a) neglects [his] the poll worker's duty;
4469          (b) commits or encourages fraud in connection with any election;
4470          (c) violates any election law;
4471          (d) knowingly permits any person to violate any election law;
4472          (e) has been convicted of a felony;
4473          (f) commits any act that interferes or tends to interfere with a fair and honest election;
4474     or
4475          (g) is incapable of performing the duties of a poll worker.
4476          Section 94. Section 20A-5-605 is amended to read:
4477          20A-5-605. Duties of poll workers.
4478          (1) Poll workers shall:
4479          (a) arrive at the polling place at a time determined by the election officer; and
4480          (b) remain until the official election returns are prepared for delivery.
4481          (2) The election officer may designate[:] the title and duties of each poll worker.
4482          [(a) certain poll workers to act as election judges;]
4483          [(b) an election judge to act as the presiding election judge; and]
4484          [(c) certain poll workers to act as clerks.]
4485          (3) Upon [their arrival] arriving to open the polls, the poll workers shall:
4486          [(a) if the election officer has not designated which poll workers at a polling place are
4487     assigned to act as election judges, as presiding election judge, or as clerks:]
4488          [(i) designate two poll workers to act as election judges as necessary;]
4489          [(ii) determine which election judge shall preside as necessary; and]
4490          [(iii) determine which poll workers shall act as clerks as necessary;]
4491          [(b) select two or more of their number to deliver the election returns to the election

4492     officer or to the place that the election officer designates;]
4493          [(c)] (a) display the United States flag;
4494          [(d)] (b) examine the voting devices to see that they are in proper working order and
4495     that security devices have not been tampered with;
4496          [(e)] (c) place the voting devices, voting booths, and the ballot box in plain view of
4497     those poll workers and watchers that are present;
4498          [(f) for paper ballots and ballot sheets, open the ballot packages in the presence of all
4499     the poll workers;]
4500          [(g)] (d) check the ballots, supplies, records, and forms;
4501          [(h)] (e) if directed [to do so] by the election officer:
4502          (i) make any necessary corrections to the official ballots before [they] the ballots are
4503     distributed at the polls; and
4504          (ii) post any necessary notice of errors in [electronic] ballots before voting commences;
4505          [(i)] (iii) post the sample ballots, instructions to voters, and constitutional amendments,
4506     if any; [and]
4507          [(j)] (f) open the ballot box in the presence of those assembled, turn [it] the ballot box
4508     upside down to empty [it] the ballot box of anything[, and then,]; and
4509          (g) immediately before the polls open, lock [it,] the ballot box or, if locks and keys are
4510     not available, tape [it] the ballot box securely.
4511          (4) (a) If any poll worker fails to appear on the morning of the election, or fails or
4512     refuses to act:
4513          (i) at least six qualified electors [from the voting precinct] who are present at the
4514     polling place at the hour designated by law for the opening of the polls shall fill the vacancy by
4515     appointing another qualified [person] individual from the voting precinct who is a member of
4516     the same political party as the poll worker who is being replaced to act as a poll worker; or
4517          (ii) the election officer shall appoint a qualified [person] individual to act as a poll
4518     worker.
4519          (b) If a majority of the poll workers are present, [they] the poll workers shall open the
4520     polls, even though a poll worker has not arrived.
4521          (5) (a) If it is impossible or inconvenient to hold an election at the polling place
4522     designated, the poll workers, after having assembled at or as near as practicable to the

4523     designated place, and before receiving any vote, may move to the nearest convenient place for
4524     holding the election.
4525          (b) If the poll workers move to a new polling place, [they] the poll workers shall
4526     display a proclamation of the change and station a peace officer or some other proper [person]
4527     individual at the original polling place to notify voters of the location of the new polling place.
4528          [(6) If the poll workers who receive delivery of the ballots produce packages of
4529     substitute ballots accompanied by a written and sworn statement of the election officer that the
4530     ballots are substitute ballots because the original ballots were not received, were destroyed, or
4531     were stolen, the poll workers shall use those substitute ballots as the official election ballots.]
4532          [(7)] (6) If, for any reason, [none of] the official [or substitute] ballots are not ready for
4533     distribution at a polling place or, if the supply of ballots is exhausted before the polls are
4534     closed, the poll workers may use unofficial ballots, made as nearly as possible in the form of
4535     the official ballot, until [substitutes prepared by the election officer are printed and delivered]
4536     the election officer provides additional ballots.
4537          [(8)] (7) When it is time to open the polls, one of the poll workers shall announce that
4538     the polls are open as required by Section 20A-1-302, or in the case of early voting, Section
4539     [20A-3-602] 20A-3a-602.
4540          [(9)] (8) (a) The poll workers shall comply with the voting procedures and
4541     requirements of Chapter 3, Voting, in allowing people to vote.
4542          (b) The poll workers may not allow [any person] an individual, other than election
4543     officials and those admitted to vote, within six feet of voting devices, voting booths, [and] or
4544     the ballot box.
4545          (c) Besides the poll workers and watchers, the poll workers may not allow more than
4546     four voters in excess of the number of voting booths provided within six feet of voting devices,
4547     voting booths, [and] or the ballot box.
4548          (d) If necessary, the poll workers shall instruct each voter [about] permitted to use a
4549     voting device how to operate the voting device before the voter enters the voting booth.
4550          (e) (i) If the voter requests additional instructions after entering the voting booth, two
4551     poll workers may, if necessary, enter the booth and give the voter additional instructions.
4552          (ii) In regular general elections and regular primary elections, the two poll workers who
4553     enter the voting booth to assist the voter shall be of different political parties.

4554          Section 95. Section 20A-5-801 is amended to read:
4555          20A-5-801. Definitions.
4556          As used in this part:
4557          (1) "New voting equipment system" means voting equipment that is operated in a
4558     materially different way or that functions in a materially different way than the equipment
4559     being replaced.
4560          (2) "Voting equipment" means the following equipment used for an election:
4561          (a) automatic tabulating equipment;
4562          [(b) an electronic voting system;]
4563          [(c)] (b) a voting device; or
4564          [(d)] (c) a voting machine.
4565          Section 96. Section 20A-5-804 is amended to read:
4566          20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
4567     Matching funds -- Acceptable uses.
4568          (1) As used in this section:
4569          (a) "Program" means the Voting Equipment Grant Program created in this section.
4570          (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
4571          (i) the total amount of funds appropriated by the Legislature to the program; and
4572          (ii) the quotient of:
4573          (A) the total number of active voters in a county; and
4574          (B) the total number of registered voters in the state.
4575          (2) (a) There is created the Voting Equipment Grant Program as a grant program to
4576     assist counties in purchasing new voting equipment systems.
4577          (b) The lieutenant governor shall administer the program using funds appropriated by
4578     the Legislature for the purpose of administering the program.
4579          (3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
4580     Lieutenant Governor to participate in and receive funds from the program.
4581          (b) A proposal described in Subsection (3)(a) shall:
4582          (i) describe the current condition of the voting equipment used by the county;
4583          (ii) describe the county's need for a new voting equipment system;
4584          (iii) describe how the county plans to comply with the requirements described in

4585     Subsection (4), including:
4586          (A) a description of how the county plans to provide the matching funds described in
4587     Subsection (4)(b) if the proposal is accepted; and
4588          (B) a schedule by which the requirements will be met; and
4589          (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
4590     system.
4591          (4) A county that receives funds through a program grant:
4592          (a) shall use the funds to purchase a new voting equipment system that:
4593          (i) meets the requirements of Section 20A-5-802;
4594          (ii) creates a secure and auditable paper record of each vote; and
4595          (iii) complies with any additional binding requirement made under Subsection
4596     20A-5-803(8) by the Voting Equipment Selection Committee;
4597          (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
4598     matching funds equal to or greater than the difference of:
4599          (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
4600     governor accepts under Subsection (6)(b); and
4601          (ii) the amount the lieutenant governor is required to disburse to the county under
4602     Subsection (7)(a);
4603          (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
4604     Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
4605          (d) except as provided in Subsection (5), may not, after using a new voting equipment
4606     system in an election that was purchased under this section, use voting equipment that does not
4607     meet the requirements described in Subsection (4)(a); and
4608          (e) shall purchase a new voting equipment system described under Subsection (4)(a)
4609     that provides the best value to the county with consideration for the new voting equipment
4610     system's:
4611          (i) cost of maintenance;
4612          (ii) estimated operational lifetime; and
4613          (iii) cost of replacement.
4614          (5) A county that receives funds through the program may use voting equipment that
4615     does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):

4616          (a) to the extent that using the voting equipment is necessary to accommodate a person
4617     with a disability in accordance with the requirements described in Subsection
4618     [20A-3-302(6)(b), 20A-3-603(1)(c)] 20A-3a-202(8)(b), 20A-3a-603(1)(c), 20A-5-303(8), or
4619     20A-5-403(2)(b)(iii); or
4620          (b) if the county purchased the voting equipment before receiving grant funds under
4621     Subsection (7)(a).
4622          (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
4623     shall:
4624          (a) review the proposal to ensure that:
4625          (i) the proposal complies with the requirements described in Subsection (3); and
4626          (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
4627          (b) (i) if the proposal complies with the requirements described in Subsection (3), the
4628     cost estimate appears to be reasonably accurate, and sufficient program funds are available:
4629          (A) accept the proposal;
4630          (B) notify the county clerk of the county that submitted the proposal that the proposal
4631     is accepted;
4632          (C) notify the county clerk of the requirements described in Subsection (7); and
4633          (D) disburse the funds described in Subsection (7)(a), in accordance with the
4634     requirements described in Subsection (7)(b), to the county that submitted the proposal; or
4635          (ii) if the proposal does not comply with the requirements described in Subsection (3),
4636     the cost estimate does not appear to be reasonable, or sufficient program funds are not
4637     available:
4638          (A) reject the proposal; and
4639          (B) notify the county clerk of the county that submitted the proposal that the proposal
4640     is rejected, indicating the reason that the proposal is rejected.
4641          (7) The lieutenant governor:
4642          (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
4643          (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
4644     lieutenant governor accepts under Subsection (6)(b); or
4645          (ii) the proportional reimbursement rate; and
4646          (b) may not disburse funds under Subsection (6)(b)(i)(D):

4647          (i) until the county appropriates the matching funds described in Subsection (4)(b); or
4648          (ii) if the disbursement would cause the county's total receipt of funds from the
4649     program to exceed the proportional reimbursement rate.
4650          Section 97. Section 20A-6-101 is amended to read:
4651          20A-6-101. General requirements for manual ballots.
4652          (1) [Each] An election officer shall ensure that [paper] manual ballots:
4653          (a) are printed using precisely the same quality and tint of plain white paper through
4654     which the printing or writing cannot be seen;
4655          (b) are printed using precisely the same quality and kind of type;
4656          (c) are printed using precisely the same quality and tint of plain black ink;
4657          (d) are uniform in size for all the voting precincts within the election officer's
4658     jurisdiction; and
4659          (e) include, on a ticket for a race in which a voter is authorized to cast a write-in vote
4660     and in which a write-in candidate is qualified under Section 20A-9-601, a space for a write-in
4661     candidate immediately following the last candidate listed on that ticket.
4662          (2) Whenever the vote for candidates is to be limited to the voters of a particular
4663     political division, the election officer shall ensure that the names of those candidates are
4664     printed only upon those ballots provided to that political division.
4665          Section 98. Section 20A-6-102 is amended to read:
4666          20A-6-102. General requirements for machine counted ballots.
4667          (1) [Each] An election officer shall ensure that ballots [and ballot labels] are printed:
4668          (a) to a size and arrangement that fits the construction of the [voting] ballot counting
4669     device; and
4670          (b) in plain, clear type in black ink on clear white stock; or
4671          (c) in plain, clear type in black ink on stock of different colors if it is necessary to:
4672          (i) identify different ballots or parts of the ballot; or
4673          (ii) differentiate between political parties.
4674          [(2) Each election officer shall ensure that ballot sheets are of a size, design, and stock
4675     suitable for processing by automatic data processing machines.]
4676          [(3)] (2) For a race in which a voter is authorized to cast a write-in vote and in which a
4677     write-in candidate is qualified under Section 20A-9-601, the election officer shall include a

4678     space on the ticket for a write-in candidate immediately following the last candidate listed on
4679     that ticket.
4680          [(4)] (3) Notwithstanding any other provisions of this section, the election officer may
4681     authorize any ballots that are to be counted by means of electronic or electromechanical
4682     devices to be printed to a size, layout, texture, and in any type of ink or combination of inks
4683     that will be suitable for use in the counting devices in which they are intended to be placed.
4684          Section 99. Section 20A-6-105 is amended to read:
4685          20A-6-105. Provisional ballot envelopes.
4686          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
4687     substantially the following form:
4688          "AFFIRMATION
4689     Are you a citizen of the United States of America? Yes No
4690     Will you be 18 years old on or before election day? Yes No
4691     If you checked "no" in response to either of the two above questions, do not complete this
4692     form.
4693          Name of Voter _________________________________________________________
4694                         First                Middle               Last
4695          Driver License or Identification Card Number _________________________________
4696          State of Issuance of Driver License or Identification Card Number _________________
4697          Date of Birth ___________________________________________________________
4698          Street Address of Principal Place of Residence
4699          ______________________________________________________________________
4700               City               County               State          Zip Code
4701          Telephone Number (optional) ______________________________________________
4702          Last four digits of Social Security Number ____________________________
4703          Last former address at which I was registered to vote (if known)
4704          ______________________________________________________________________
4705               City               County               State          Zip Code
4706          Voting Precinct (if known)
4707     _________________________________________________
4708          I, (please print your full name)__________________________do solemnly swear or

4709     affirm:
4710          That I am eligible to vote in this election; that I have not voted in this election in any
4711     other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
4712     vote in this precinct; and
4713          Subject to penalty of law for false statements, that the information contained in this
4714     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
4715     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
4716     immediately before this election.
4717     Signed ______________________________________________________________________
4718     Dated ______________________________________________________________________
4719          In accordance with Section [20A-3-506] 20A-3a-506, wilfully providing false
4720     information above is a class B misdemeanor under Utah law and is punishable by
4721     imprisonment and by fine."
4722          "The portion of your voter registration form that lists your driver license or
4723     identification card number, social security number, and email address, and the day of your
4724     month of birth, is a private record. The portion of your voter registration form that lists your
4725     month and year of birth is a private record, the use of which is restricted to government
4726     officials, government employees, political parties, or certain other persons.
4727          You may apply to the lieutenant governor or your county clerk to have your entire voter
4728     registration record classified as private."
4729          "CITIZENSHIP AFFIDAVIT
4730          Name:
4731          Name at birth, if different:
4732          Place of birth:
4733          Date of birth:
4734          Date and place of naturalization (if applicable):
4735          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
4736     citizen and that to the best of my knowledge and belief the information above is true and
4737     correct.
4738                                             ____________________________
4739                                                  Signature of Applicant

4740          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
4741     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
4742     up to one year in jail and a fine of up to $2,500.".
4743          (2) The provisional ballot envelope shall include:
4744          (a) a unique number;
4745          (b) a detachable part that includes the unique number; and
4746          (c) a telephone number, internet address, or other indicator of a means, in accordance
4747     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
4748          Section 100. Section 20A-6-203 is amended to read:
4749          20A-6-203. Ballots for regular primary elections.
4750          (1) The lieutenant governor, together with county clerks, suppliers of election
4751     materials, and representatives of registered political parties, shall:
4752          (a) develop [paper ballots, ballot labels, ballot sheets, and electronic] ballots to be used
4753     in Utah's regular primary election;
4754          (b) ensure that the [paper ballots, ballot labels, ballot sheets, and electronic] ballots
4755     comply generally, where applicable, with the requirements of Title 20A, Chapter 6, Part 1,
4756     General Requirements for All Ballots, and this section; and
4757          (c) provide voting booths, election records and supplies, ballot boxes, and as
4758     applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
4759          (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
4760     Chapter 6, Part 1, General Requirements for All Ballots, and Sections 20A-5-403, 20A-6-401,
4761     and 20A-6-401.1, the lieutenant governor, together with county clerks, suppliers of election
4762     materials, and representatives of registered political parties shall ensure that the [paper ballots,
4763     ballot labels, ballot sheets, electronic] ballots, [and] voting booths, election records and
4764     supplies, and ballot boxes:
4765          (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
4766     voters are authorized to vote for a party's candidate;
4767          (ii) simplify the task of poll workers, particularly in determining a voter's party
4768     affiliation;
4769          (iii) minimize the possibility of spoiled ballots due to voter confusion; and
4770          (iv) protect against fraud.

4771          (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
4772     county clerks, suppliers of election materials, and representatives of registered political parties
4773     shall:
4774          (i) mark[, prepunch, or otherwise identify] ballots [and ballot sheets] as being for a
4775     particular registered political party; and
4776          (ii) instruct [persons] individuals counting the ballots to count only those votes for
4777     candidates from the registered political party whose ballot the voter received.
4778          Section 101. Section 20A-6-301 is amended to read:
4779          20A-6-301. Manual ballots -- Regular general election.
4780          (1) Each election officer shall ensure that:
4781          (a) all [paper] manual ballots furnished for use at the regular general election contain:
4782          (i) no captions or other endorsements except as provided in this section;
4783          (ii) no symbols, markings, or other descriptions of a political party or group, except for
4784     a registered political party that has chosen to nominate its candidates in accordance with
4785     Section 20A-9-403; and
4786          (iii) no indication that a candidate for elective office has been nominated by, or has
4787     been endorsed by, or is in any way affiliated with a political party or group, unless the
4788     candidate has been nominated by a registered political party in accordance with Subsection
4789     20A-9-202(4) or Subsection 20A-9-403(5).
4790          (b) [immediately below the perforated ballot stub] at the top of the ballot, the following
4791     endorsements are printed in 18 point bold type:
4792          (i) "Official Ballot for ____ County, Utah";
4793          (ii) the date of the election; and
4794          (iii) the words "certified by the Clerk of __________ County" or, as applicable, the
4795     name of a combined office that includes the duties of a county clerk;
4796           (c) the party name or title is printed in capital letters not less than one-fourth of an inch
4797     high;
4798          (d) unaffiliated candidates, candidates not affiliated with a registered political party,
4799     and all other candidates for elective office who were not nominated by a registered political
4800     party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are listed with
4801     the other candidates for the same office in accordance with Section 20A-6-305, without a party

4802     name or title, and with a mark referencing the following statement at the bottom of the ticket:
4803     "This candidate is not affiliated with, or does not qualify to be listed on the ballot as affiliated
4804     with, a political party.";
4805          (e) each ticket containing the lists of candidates, including the party name and device,
4806     are separated by heavy parallel lines;
4807          (f) the offices to be filled are plainly printed immediately above the names of the
4808     candidates for those offices;
4809          (g) the names of candidates are printed in capital letters, not less than one-eighth nor
4810     more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
4811     lines or rules three-eighths of an inch apart; and
4812          (h) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
4813     which a write-in candidate is qualified under Section 20A-9-601:
4814          (i) the ballot includes a space for a write-in candidate immediately following the last
4815     candidate listed on that ticket; or
4816          (ii) for the offices of president and vice president and governor and lieutenant
4817     governor, the ballot includes two spaces for write-in candidates immediately following the last
4818     candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
4819     candidates.
4820          (2) [Each] An election officer shall ensure that:
4821          (a) each [person] individual nominated by any registered political party under
4822     Subsection 20A-9-202(4) or Subsection 20A-9-403(5), and no other [person] individual, is
4823     placed on the ballot:
4824          (i) under the registered political party's name, if any; or
4825          (ii) under the title of the registered political party as designated by them in their
4826     certificates of nomination or petition, or, if none is designated, then under some suitable title;
4827          (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
4828     Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
4829          (c) the names of the candidates for president and vice president are used on the ballot
4830     instead of the names of the presidential electors; and
4831          (d) the ballots contain no other names.
4832          (3) When the ballot contains a nonpartisan section, the election officer shall ensure

4833     that:
4834          (a) the designation of the office to be filled in the election and the number of
4835     candidates to be elected are printed in type not smaller than eight point;
4836          (b) the words designating the office are printed flush with the left-hand margin;
4837          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
4838     which the voter may vote)" extend to the extreme right of the column;
4839          (d) the nonpartisan candidates are grouped according to the office for which they are
4840     candidates;
4841          (e) the names in each group are placed in the order specified under Section 20A-6-305
4842     with the surnames last; and
4843          (f) each group is preceded by the designation of the office for which the candidates
4844     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
4845     candidates for which the voter may vote)," according to the number to be elected.
4846          (4) Each election officer shall ensure that:
4847          (a) proposed amendments to the Utah Constitution are listed on the ballot in
4848     accordance with Section 20A-6-107;
4849          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
4850     with Section 20A-6-107; and
4851          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
4852     title assigned to each bond proposition under Section 11-14-206.
4853          Section 102. Section 20A-6-302 is amended to read:
4854          20A-6-302. Manual ballots -- Placement of candidates' names.
4855          (1) [Each] An election officer shall ensure, for [paper] manual ballots in regular
4856     general elections, that:
4857          (a) each candidate is listed by party, if nominated by a registered political party under
4858     Subsection 20A-9-202(4) or Subsection 20A-9-403(5);
4859          (b) candidates' surnames are listed in alphabetical order on the ballots when two or
4860     more candidates' names are required to be listed on a ticket under the title of an office; and
4861          (c) the names of candidates are placed on the ballot in the order specified under Section
4862     20A-6-305.
4863          (2) (a) When there is only one candidate for county attorney at the regular general

4864     election in counties that have three or fewer registered voters of the county who are licensed
4865     active members in good standing of the Utah State Bar, the county clerk shall cause that
4866     candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
4867     with the following question: "Shall (name of candidate) be elected to the office of county
4868     attorney? Yes ____ No ____."
4869          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
4870     elected to the office of county attorney.
4871          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
4872     elected and may not take office, nor may the candidate continue in the office past the end of the
4873     term resulting from any prior election or appointment.
4874          (d) When the name of only one candidate for county attorney is printed on the ballot
4875     under authority of this Subsection (2), the county clerk may not count any write-in votes
4876     received for the office of county attorney.
4877          (e) If no qualified [person] individual files for the office of county attorney or if the
4878     candidate is not elected by the voters, the county legislative body shall appoint the county
4879     attorney as provided in Section 20A-1-509.2.
4880          (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
4881     the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
4882     two consecutive terms immediately preceding the term for which the candidate is seeking
4883     election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
4884     unopposed candidate the same as any other unopposed candidate for another office, unless a
4885     petition is filed with the county clerk before 5 p.m. no later than one day before that year's
4886     primary election that:
4887          (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
4888          (ii) contains the signatures of registered voters in the county representing in number at
4889     least 25% of all votes cast in the county for all candidates for governor at the last election at
4890     which a governor was elected.
4891          (3) (a) When there is only one candidate for district attorney at the regular general
4892     election in a prosecution district that has three or fewer registered voters of the district who are
4893     licensed active members in good standing of the Utah State Bar, the county clerk shall cause
4894     that candidate's name and party affiliation, if any, to be placed on a separate section of the

4895     ballot with the following question: "Shall (name of candidate) be elected to the office of district
4896     attorney? Yes ____ No ____."
4897          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
4898     elected to the office of district attorney.
4899          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
4900     elected and may not take office, nor may the candidate continue in the office past the end of the
4901     term resulting from any prior election or appointment.
4902          (d) When the name of only one candidate for district attorney is printed on the ballot
4903     under authority of this Subsection (3), the county clerk may not count any write-in votes
4904     received for the office of district attorney.
4905          (e) If no qualified [person] individual files for the office of district attorney, or if the
4906     only candidate is not elected by the voters under this subsection, the county legislative body
4907     shall appoint a new district attorney for a four-year term as provided in Section 20A-1-509.2.
4908          (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
4909     the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
4910     two consecutive terms immediately preceding the term for which the candidate is seeking
4911     election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
4912     unopposed candidate the same as any other unopposed candidate for another office, unless a
4913     petition is filed with the county clerk before 5 p.m. no later than one day before that year's
4914     primary election that:
4915          (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
4916          (ii) contains the signatures of registered voters in the county representing in number at
4917     least 25% of all votes cast in the county for all candidates for governor at the last election at
4918     which a governor was elected.
4919          Section 103. Section 20A-6-304 is amended to read:
4920          20A-6-304. Regular general election -- Mechanical ballots.
4921          (1) Each election officer shall ensure that:
4922          (a) the format and content of [the electronic] a mechanical ballot is arranged in
4923     approximately the same order as [paper] manual ballots;
4924          (b) the titles of offices and the names of candidates are displayed in vertical columns or
4925     in a series of separate [display screens] displays;

4926          (c) the [electronic] mechanical ballot is of sufficient length to include, after the list of
4927     candidates:
4928          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
4929          (ii) any ballot propositions submitted to the voters for their approval or rejection;
4930          (d) the office titles are displayed above or at the side of the names of candidates so as
4931     to indicate clearly the candidates for each office and the number to be elected;
4932          (e) the party designation of each candidate who has been nominated by a registered
4933     political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is displayed
4934     adjacent to the candidate's name; and
4935          (f) if possible, all candidates for one office are grouped in one column or upon one
4936     display screen.
4937          (2) Each election officer shall ensure that:
4938          (a) proposed amendments to the Utah Constitution are displayed in accordance with
4939     Section 20A-6-107;
4940          (b) ballot propositions submitted to the voters are displayed in accordance with Section
4941     20A-6-107; and
4942          (c) bond propositions that have qualified for the ballot are displayed under the title
4943     assigned to each bond proposition under Section 11-14-206.
4944          Section 104. Section 20A-6-401 is amended to read:
4945          20A-6-401. Ballots for municipal primary elections.
4946          (1) Each election officer shall ensure that:
4947          (a) the following endorsements are printed in 18 point bold type:
4948          (i) "Official Primary Ballot for ____ (City, Town, or Metro Township), Utah";
4949          (ii) the date of the election; and
4950          (iii) a facsimile of the signature of the election officer and the election officer's title in
4951     eight point type;
4952          (b) immediately below the election officer's title, two one-point parallel horizontal
4953     rules separate endorsements from the rest of the ballot;
4954          (c) immediately below the horizontal rules, an "Instructions to Voters" section is
4955     printed in 10 point bold type that states: "To vote for a candidate, [place a cross (X) in the
4956     square] mark the space following the name(s) of the person(s) you favor as the candidate(s) for

4957     each respective office." followed by two one-point parallel rules;
4958          (d) after the rules, the designation of the office for which the candidates seek
4959     nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
4960     for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
4961     to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
4962          (e) after the hair-line rule, the names of the candidates are printed in heavy face type
4963     between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
4964     with surnames last and grouped according to the office that they seek;
4965          (f) a square with sides not less than one-fourth inch long is printed immediately
4966     adjacent to the names of the candidates; and
4967          (g) the candidate groups are separated from each other by one light and one heavy line
4968     or rule.
4969          (2) A municipal primary ballot may not contain any space for write-in votes.
4970          Section 105. Section 20A-6-401.1 is amended to read:
4971          20A-6-401.1. Ballots for partisan municipal primary elections.
4972          [(1) If a municipality is using paper ballots, each]
4973          (1) An election officer shall ensure that:
4974          (a) all [paper] manual ballots furnished for use at the regular primary election:
4975          (i) separate the candidates of one political party from those of the other political
4976     parties; and
4977          (ii) contain no captions or other endorsements except as provided in this section;
4978          (b) the names of all candidates from each party are listed on the same ballot in one or
4979     more columns under their party name and emblem;
4980          (c) the political parties are printed on the ballot in the order specified under Section
4981     20A-6-305;
4982          (d) the following endorsements are printed in 18-point bold type:
4983          (i) "Official Primary Ballot for ____ (name of municipality), Utah";
4984          (ii) the date of the election; and
4985          (iii) a facsimile of the signature of the [municipal clerk or recorder and the words "
4986     municipal clerk" or "municipal recorder"] election officer and the election officer's title in eight
4987     point type;

4988          (e) after the facsimile signature, the political party emblem and the name of the
4989     political party are printed;
4990          (f) after the party name and emblem, the ballot contains the following printed in not
4991     smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote for a
4992     candidate, [place a cross (X) in the square immediately adjacent to] mark the space following
4993     the name of the person for whom you wish to vote and in no other place. Do not vote for any
4994     candidate listed under more than one party or group designation.", followed by two one-point
4995     parallel horizontal rules;
4996          (g) after the rules, the designation of the office for which the candidates seek
4997     nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
4998     for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
4999     to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
5000          (h) after the hair-line rule, the names of the candidates are printed in heavy face type
5001     between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
5002     with surnames last and grouped according to the office that they seek;
5003          (i) a square with sides not less than one-fourth inch long is printed immediately
5004     adjacent to the names of the candidates;
5005          (j) the candidate groups are separated from each other by one light and one heavy line
5006     or rule; and
5007          (k) the nonpartisan candidates are listed as follows:
5008          (i) immediately below the listing of the party candidates, the word "NONPARTISAN"
5009     is printed in reverse type in an 18 point solid rule that extends the full width of the type copy of
5010     the party listing above; and
5011          (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
5012     candidate's name, the voting square, and any other necessary information is printed in the same
5013     style and manner as for party candidates.
5014          (2) [(a) If a municipality is using ballot sheets or electronic] For mechanical ballots, the
5015     election officer may require that:
5016          [(i)] (a) the ballot[, or ballot label in the case of a punch card ballot,] for a regular
5017     primary election consist of several groups of pages or display screens, so that a separate group
5018     can be used to list the names of candidates seeking nomination of each qualified political party,

5019     with additional groups used to list candidates for other nonpartisan offices;
5020          [(ii)] (b) the separate groups of pages or display screens are identified by color or other
5021     suitable means; and
5022          [(iii)] (c) the ballot [or ballot label contain] contains instructions that direct the voter
5023     how to vote the ballot.
5024          [(b) If a municipality is using ballot sheets or electronic ballots, each election officer
5025     shall:]
5026          [(i) for municipalities using punch card ballots, ensure that the ballot label provides a
5027     means for the voter to designate the political party in whose primary the voter is voting; and]
5028          [(ii) determine the order for printing the names of the political parties on the ballot
5029     label in accordance with Section 20A-6-305.]
5030          Section 106. Section 20A-6-402 is amended to read:
5031          20A-6-402. Ballots for municipal general elections.
5032          (1) Except as otherwise required for a race conducted by instant runoff voting under
5033     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, [when using a
5034     paper ballot] for a manual ballot at a municipal general [elections, each] election, an election
5035     officer shall ensure that:
5036          (a) the names of the two candidates who received the highest number of votes for
5037     mayor in the municipal primary are placed upon the ballot;
5038          (b) if no municipal primary election was held, the names of the candidates who filed
5039     declarations of candidacy for municipal offices are placed upon the ballot;
5040          (c) for other offices:
5041          (i) twice the number of candidates as there are positions to be filled are certified as
5042     eligible for election in the municipal general election from those candidates who received the
5043     greater number of votes in the primary election; and
5044          (ii) the names of those candidates are placed upon the municipal general election
5045     ballot;
5046          (d) the names of the candidates are placed on the ballot in the order specified under
5047     Section 20A-6-305;
5048          (e) in an election in which a voter is authorized to cast a write-in vote and where a
5049     write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the

5050     ballot that contains, for each office in which there is a qualified write-in candidate:
5051          (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
5052          (ii) a square or other conforming area that is adjacent to or opposite the blank
5053     horizontal line to enable the voter to indicate the voter's vote;
5054          (f) ballot propositions that have qualified for the ballot, including propositions
5055     submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
5056     listed on the ballot in accordance with Section 20A-6-107; and
5057          (g) bond propositions that have qualified for the ballot are listed on the ballot under the
5058     title assigned to each bond proposition under Section 11-14-206.
5059          [(2) Except as otherwise required for a race conducted by instant runoff voting under
5060     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
5061     punch card ballot at municipal general elections, each election officer shall ensure that:]
5062          [(a) the following endorsements are printed in 18 point bold type:]
5063          [(i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";]
5064          [(ii) the date of the election; and]
5065          [(iii) a facsimile of the signature of the election officer and the election officer's title in
5066     eight-point type;]
5067          [(b) immediately below the election officer's title, two one-point parallel horizontal
5068     rules separate endorsements from the rest of the ballot;]
5069          [(c) immediately below the horizontal rules, an "Instructions to Voters" section is
5070     printed in 10-point bold type that states: "To vote for a candidate, place a cross (X) in the
5071     square following the name(s) of the person(s) you favor as the candidate(s) for each respective
5072     office." followed by two one-point parallel rules;]
5073          [(d) after the rules, the designation of the office for which the candidates seek election
5074     is printed flush with the left-hand margin and the words, "Vote for one" or "Vote for up to
5075     _____ (the number of candidates for which the voter may vote)" are printed to extend to the
5076     extreme right of the column in 10-point bold type, followed by a hair-line rule;]
5077          [(e) after the hair-line rule, the names of the candidates are printed in heavy face type
5078     between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305
5079     with surnames last and grouped according to the office that they seek;]
5080          [(f) a square with sides not less than one-fourth inch long is printed immediately

5081     adjacent to the names of the candidates;]
5082          [(g) following the name of the last candidate for each office in which a write-in
5083     candidate is qualified under Section 20A-9-601, the ballot contains:]
5084          [(i) a write-in space for each elective office in which a write-in candidate is qualified
5085     where the voter may enter the name of a valid write-in candidate; and]
5086          [(ii) a square printed immediately adjacent to the write-in space or line where the voter
5087     may vote for a valid write-in candidate; and]
5088          [(h) the candidate groups are separated from each other by one light and one heavy line
5089     or rule.]
5090          [(3) Except as otherwise required for a race conducted by instant runoff voting under
5091     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
5092     ballot sheet other than a punch card ballot at municipal general elections, each election officer
5093     shall ensure that:]
5094          [(a) the following endorsements are printed:]
5095          [(i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";]
5096          [(ii) the date of the election; and]
5097          [(iii) a facsimile of the signature of the election officer and the election officer's title;]
5098          [(b) immediately below the election officer's title, a distinct border or line separates
5099     endorsements from the rest of the ballot;]
5100          [(c) immediately below the border or line, an "Instructions to Voters" section is printed
5101     that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
5102     candidate(s) for each respective office." followed by another border or line;]
5103          [(d) after the border or line, the designation of the office for which the candidates seek
5104     election is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
5105     candidates for which the voter may vote)" are printed, followed by a line or border;]
5106          [(e) after the line or border, the names of the candidates are printed in the order
5107     specified under Section 20A-6-305 with surnames last and grouped according to the office that
5108     they seek;]
5109          [(f) an oval is printed adjacent to the names of the candidates;]
5110          [(g) following the name of the last candidate for each office in which a write-in
5111     candidate is qualified under Section 20A-9-601, the ballot contains:]

5112          [(i) a write-in space or blank line for each elective office in which a write-in candidate
5113     is qualified where the voter may enter the name of a valid write-in candidate; and]
5114          [(ii) an oval printed adjacent to the write-in space or line where the voter may vote for
5115     a valid write-in candidate; and]
5116          [(h) the candidate groups are separated from each other by a line or border.]
5117          [(4)] (2) Except as otherwise required for a race conducted by instant runoff voting
5118     under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when
5119     using [an electronic] a mechanical ballot at municipal general elections, each election officer
5120     shall ensure that:
5121          (a) the following endorsements are displayed on the first [screen] portion of the ballot:
5122          (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
5123          (ii) the date of the election; and
5124          (iii) a facsimile of the signature of the election officer and the election officer's title;
5125          (b) immediately below the election officer's title, a distinct border or line separates the
5126     endorsements from the rest of the ballot;
5127          (c) immediately below the border or line, an "Instructions to Voters" section is
5128     displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
5129     the candidate(s) for each respective office." followed by another border or line;
5130          (d) after the border or line, the designation of the office for which the candidates seek
5131     election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
5132     candidates for which the voter may vote)" are displayed, followed by a line or border;
5133          (e) after the line or border, the names of the candidates are displayed in the order
5134     specified under Section 20A-6-305 with surnames last and grouped according to the office that
5135     they seek;
5136          (f) a voting square or position is located adjacent to the name of each candidate;
5137          (g) following the name of the last candidate for each office in which a write-in
5138     candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
5139     voter may enter the name of and vote for a valid write-in candidate for the office; and
5140          (h) the candidate groups are separated from each other by a line or border.
5141          [(5)] (3) When a municipality has chosen to nominate candidates by convention or
5142     committee, the election officer shall ensure that the party name is included with the candidate's

5143     name on the ballot.
5144          Section 107. Section 20A-7-607 is amended to read:
5145          20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
5146     referendum.
5147          (1) When each referendum packet is received from a county clerk, the local clerk shall
5148     check off from the local clerk's record the number of each referendum packet filed.
5149          (2) Within two days after the day on which the local clerk receives each referendum
5150     packet from a county clerk, the local clerk shall:
5151          (a) count the number of the names certified by the county clerks that appear on each
5152     verified signature sheet;
5153          (b) if the total number of certified names from each verified signature sheet equals or
5154     exceeds the number of names required by Section 20A-7-601 and the requirements of this part
5155     are met, mark upon the front of the petition the word "sufficient";
5156          (c) if the total number of certified names from each verified signature sheet does not
5157     equal or exceed the number of names required by Section 20A-7-601 or a requirement of this
5158     part is not met, mark upon the front of the petition the word "insufficient"; and
5159          (d) notify any one of the sponsors of the local clerk's finding.
5160          (3) If the local clerk finds the total number of certified signatures from each verified
5161     signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
5162     for a recount of the signatures appearing on the referendum petition in the presence of any
5163     sponsor.
5164          (4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
5165     may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days
5166     after the refusal.
5167          (b) If a court determines that the referendum petition is legally sufficient, the local
5168     clerk shall file [it] the petition, with a verified copy of the judgment attached to [it] the petition,
5169     as of the date on which it was originally offered for filing in the local clerk's office.
5170          (c) If a court determines that any petition filed is not legally sufficient, the court may
5171     enjoin the local clerk and all other officers from:
5172          (i) certifying or printing the ballot title and numbers of that measure on the official
5173     ballot for the next election; or

5174          (ii) as it relates to a local tax law that is conducted entirely by [absentee ballot] mail,
5175     certifying, printing, or mailing the ballot title and numbers of that measure under Section
5176     20A-7-609.5.
5177          (5) A petition determined to be sufficient in accordance with this section is qualified
5178     for the ballot.
5179          (6) (a) If a referendum relates to legislative action taken after April 15, the election
5180     officer may not place the referendum on an election ballot until a primary election, a general
5181     election, or a special election the following year.
5182          (b) For a referendum on a land use law, if, before August 30, the local clerk or a court
5183     determines that the total number of certified names equals or exceeds the number of signatures
5184     required in Section 20A-7-601, the election officer shall place the referendum on the election
5185     ballot for the next general election.
5186          Section 108. Section 20A-7-609.5 is amended to read:
5187          20A-7-609.5. Election on referendum challenging local tax law conducted entirely
5188     by mail.
5189          (1) An election officer may administer an election on a referendum challenging a local
5190     tax law entirely by [absentee ballot] mail.
5191          (2) For purposes of an election conducted under this section, the election officer shall:
5192          (a) designate as the election day the day that is 30 days after the day on which the
5193     election officer complies with Subsection (2)(b); and
5194          (b) within 30 days after the day on which the referendum described in Subsection (1)
5195     qualifies for the ballot, mail to each registered voter within the voting precincts to which the
5196     local tax law applies:
5197          (i) [an absentee] a manual ballot;
5198          (ii) a statement that there will be no polling place [in the voting precinct] for the
5199     election;
5200          (iii) a statement specifying the election day described in Subsection (2)(a);
5201          (iv) a business reply mail envelope;
5202          (v) instructions for returning the ballot that include an express notice about any
5203     relevant deadlines that the voter must meet in order for the voter's vote to be counted;
5204          (vi) a warning, on a separate page of colored paper in boldface print, indicating that if

5205     the voter fails to follow the instructions included with the [absentee] manual ballot, the voter
5206     will be unable to vote in that election because there will be no polling place [in the voting
5207     precinct on the day of] for the election; and
5208          (vii) (A) a copy of the proposition information pamphlet relating to the referendum if a
5209     proposition information pamphlet relating to the referendum was published under Section
5210     20A-7-401.5; or
5211          (B) a website address where an individual may view a copy of the proposition
5212     information pamphlet described in Subsection (2)(b)(vii)(A).
5213          [(3) A voter who votes by absentee ballot under this section is not required to apply for
5214     an absentee ballot as required by this part.]
5215          [(4)] (3) An election officer who administers an election under this section shall:
5216          (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
5217     the election; or
5218          (ii) obtain the signature of each voter within the voting precinct from the county clerk;
5219     and
5220          (b) maintain the signatures on file in the election officer's office.
5221          [(5)] (4) (a) Upon receiving [the] a returned [absentee ballots] manual ballot under this
5222     section, the election officer shall compare the signature on each [absentee ballot] return
5223     envelope with the voter's signature that is maintained on file and verify that the signatures are
5224     the same.
5225          (b) If the election officer questions the authenticity of the signature on the [absentee
5226     ballot] return envelope, the election officer shall immediately contact the voter to verify the
5227     signature.
5228          (c) If there is not a signature on the return envelope or if the election officer determines
5229     that the signature on the [absentee ballot] return envelope does not match the voter's signature
5230     that is maintained on file, the election officer shall:
5231          [(i) unless the absentee ballot application deadline described in Section 20A-3-304 has
5232     passed, immediately send another absentee ballot and other voting materials as required by this
5233     section to the voter; and]
5234          [(ii)] (i) disqualify the [initial absentee ballot.] ballot; and
5235          (ii) notify the voter of the disqualification and the reason for the disqualification.

5236          Section 109. Section 20A-7-613 is amended to read:
5237          20A-7-613. Property tax referendum petition.
5238          (1) As used in this section, "certified tax rate" means the same as that term is defined in
5239     Section 59-2-924.
5240          (2) Except as provided in this section, the requirements of this part apply to a
5241     referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
5242     exceeds the certified tax rate.
5243          (3) Notwithstanding Subsection 20A-7-606(1), the sponsors shall deliver each signed
5244     and verified referendum packet to the county clerk of the county in which the packet was
5245     circulated before 5 p.m. no later than 40 days after the day on which the local clerk complies
5246     with Subsection 20A-7-604(2).
5247          (4) Notwithstanding Subsections 20A-7-606(2) and (3), the county clerk shall take the
5248     actions required in Subsections 20A-7-606(2) and (3) within 10 working days after the day on
5249     which the county clerk receives the signed and verified referendum packet as described in
5250     Subsection (3).
5251          (5) The local clerk shall take the actions required by Section 20A-7-607 within two
5252     working days after the day on which the local clerk receives the referendum packets from the
5253     county clerk.
5254          (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
5255     ballot title within two working days after the day on which the referendum petition is declared
5256     sufficient for submission to a vote of the people.
5257          (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
5258     ballot under this section shall appear on the ballot for the earlier of the next regular general
5259     election or the next municipal general election unless a special election is called.
5260          [(8) Notwithstanding the requirements related to absentee ballots under this title:]
5261          [(a) the election officer shall prepare absentee ballots for those voters who have
5262     requested an absentee ballot as soon as possible after the ballot title is prepared as described in
5263     Subsection (6); and]
5264          [(b)] (8) [the] The election officer shall mail [absentee] manual ballots on a referendum
5265     under this section the later of:
5266          [(i)] (a) the time provided in Section [20A-3-305] 20A-3a-202 or 20A-16-403; or

5267          [(ii)] (b) the time that [absentee] ballots are prepared for mailing under this section.
5268          (9) Section 20A-7-402 does not apply to a referendum described in this section.
5269          (10) (a) If a majority of voters does not vote against imposing the tax at a rate
5270     calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
5271     entity's legislative body:
5272          (i) the certified tax rate for the fiscal year during which the referendum petition is filed
5273     is its most recent certified tax rate; and
5274          (ii) the proposed increased revenues for purposes of establishing the certified tax rate
5275     for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
5276     increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
5277     before the filing of the referendum petition.
5278          (b) If a majority of voters votes against imposing a tax at the rate established by the
5279     vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
5280     taxing entity's most recent certified tax rate.
5281          (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
5282     required to comply with the notice and public hearing requirements of Section 59-2-919 if the
5283     taxing entity complies with those notice and public hearing requirements before the referendum
5284     petition is filed.
5285          (11) The ballot title shall, at a minimum, include in substantially this form the
5286     following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
5287     sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
5288     budgeted, adopted, and approved by the [name of the taxing entity]".
5289          (12) A taxing entity shall pay the county the costs incurred by the county that are
5290     directly related to meeting the requirements of this section and that the county would not have
5291     incurred but for compliance with this section.
5292          (13) (a) An election officer shall include on a ballot a referendum that has not yet
5293     qualified for placement on the ballot, if:
5294          (i) sponsors file an application for a referendum described in this section;
5295          (ii) the ballot will be used for the election for which the sponsors are attempting to
5296     qualify the referendum; and
5297          (iii) the deadline for qualifying the referendum for placement on the ballot occurs after

5298     the day on which the ballot will be printed.
5299          (b) If an election officer includes on a ballot a referendum described in Subsection
5300     (13)(a), the ballot title shall comply with Subsection (11).
5301          (c) If an election officer includes on a ballot a referendum described in Subsection
5302     (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
5303     voters by any practicable method that the referendum has not qualified for the ballot and that
5304     votes cast in relation to the referendum will not be counted.
5305          Section 110. Section 20A-7-702 is amended to read:
5306          20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
5307          (1) The lieutenant governor shall ensure that all information submitted for publication
5308     in the voter information pamphlet is:
5309          (a) printed and bound in a single pamphlet;
5310          (b) printed in clear readable type, no less than 10 point, except that the text of any
5311     measure may be set forth in eight-point type; and
5312          (c) printed on a quality and weight of paper that best serves the voters.
5313          (2) The voter information pamphlet shall contain the following items in this order:
5314          (a) a cover title page;
5315          (b) an introduction to the pamphlet by the lieutenant governor;
5316          (c) a table of contents;
5317          (d) a list of all candidates for constitutional offices;
5318          (e) a list of candidates for each legislative district;
5319          (f) a 100-word statement of qualifications for each candidate for the office of governor,
5320     lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
5321     candidate to the lieutenant governor's office before 5 p.m. on the first business day in August
5322     before the date of the election;
5323          (g) information pertaining to all measures to be submitted to the voters, beginning a
5324     new page for each measure and containing, in the following order for each measure:
5325          (i) a copy of the number and ballot title of the measure;
5326          (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
5327     the Legislature or by referendum;
5328          (iii) the impartial analysis of the measure prepared by the Office of Legislative

5329     Research and General Counsel;
5330          (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
5331     measure, the arguments against the measure, and the rebuttal to the arguments against the
5332     measure, with the name and title of the authors at the end of each argument or rebuttal;
5333          (v) for each constitutional amendment, a complete copy of the text of the constitutional
5334     amendment, with all new language underlined, and all deleted language placed within brackets;
5335          (vi) for each initiative qualified for the ballot:
5336          (A) a copy of the measure as certified by the lieutenant governor and a copy of the
5337     fiscal impact estimate prepared according to Section 20A-7-202.5; and
5338          (B) if the initiative proposes a tax increase, the following statement in bold type:
5339          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
5340     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
5341     increase in the current tax rate."; and
5342          (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
5343     being submitted to the voters for their approval or rejection, with all new language underlined
5344     and all deleted language placed within brackets, as applicable;
5345          (h) a description provided by the Judicial Performance Evaluation Commission of the
5346     selection and retention process for judges, including, in the following order:
5347          (i) a description of the judicial selection process;
5348          (ii) a description of the judicial performance evaluation process;
5349          (iii) a description of the judicial retention election process;
5350          (iv) a list of the criteria of the judicial performance evaluation and the minimum
5351     performance standards;
5352          (v) the names of the judges standing for retention election; and
5353          (vi) for each judge:
5354          (A) a list of the counties in which the judge is subject to retention election;
5355          (B) a short biography of professional qualifications and a recent photograph;
5356          (C) a narrative concerning the judge's performance;
5357          (D) for each standard of performance, a statement identifying whether or not the judge
5358     met the standard and, if not, the manner in which the judge failed to meet the standard;
5359          (E) a statement identifying whether or not the Judicial Performance Evaluation

5360     Commission recommends the judge be retained or declines to make a recommendation and the
5361     number of votes for and against the commission's recommendation;
5362          (F) any statement provided by a judge who is not recommended for retention by the
5363     Judicial Performance Evaluation Commission under Section 78A-12-203;
5364          (G) in a bar graph, the average of responses to each survey category, displayed with an
5365     identification of the minimum acceptable score as set by Section 78A-12-205 and the average
5366     score of all judges of the same court level; and
5367          (H) a website address that contains the Judicial Performance Evaluation Commission's
5368     report on the judge's performance evaluation;
5369          (i) for each judge, a statement provided by the Utah Supreme Court identifying the
5370     cumulative number of informal reprimands, when consented to by the judge in accordance with
5371     Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
5372     censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
5373     VIII, Section 13, during the judge's current term and the immediately preceding term, and a
5374     detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
5375     that the judge has received;
5376          (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
5377     indicating the ballot marking procedure used by each county and explaining how to mark the
5378     ballot for each procedure;
5379          (k) voter registration information, including information on how to obtain [an
5380     absentee] a ballot;
5381          (l) a list of all county clerks' offices and phone numbers;
5382          (m) the address of the Statewide Electronic Voter Information Website, with a
5383     statement indicating that the election officer will post on the website any changes to the
5384     location of a polling place and the location of any additional polling place;
5385          (n) a phone number that a voter may call to obtain information regarding the location
5386     of a polling place; and
5387          (o) on the back cover page, a printed copy of the following statement signed by the
5388     lieutenant governor:
5389          "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
5390     measures contained in this pamphlet will be submitted to the voters of Utah at the election to

5391     be held throughout the state on ____ (date of election), and that this pamphlet is complete and
5392     correct according to law.
5393     SEAL
5394          Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
5395     of ____ (month), ____ (year)
5396     
(signed) ____________________________________

5397     
Lieutenant Governor"

5398          (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
5399     commences, the lieutenant governor shall:
5400          (a) (i) distribute one copy of the voter information pamphlet to each household within
5401     the state;
5402          (ii) distribute to each household within the state a notice:
5403          (A) printed on a postage prepaid, preaddressed return form that a person may use to
5404     request delivery of a voter information pamphlet by mail;
5405          (B) that states the address of the Statewide Electronic Voter Information Website
5406     authorized by Section 20A-7-801; and
5407          (C) that states the phone number a voter may call to request delivery of a voter
5408     information pamphlet by mail; or
5409          (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
5410     every newspaper of general circulation in the state;
5411          (b) ensure that a sufficient number of printed voter information pamphlets are available
5412     for distribution as required by this section;
5413          (c) provide voter information pamphlets to each county clerk for free distribution upon
5414     request and for placement at polling places; and
5415          (d) ensure that the distribution of the voter information pamphlets is completed 15 days
5416     before the election.
5417          (4) The lieutenant governor may distribute a voter information pamphlet at a location
5418     frequented by a person who cannot easily access the Statewide Electronic Voter Information
5419     Website authorized by Section 20A-7-801.
5420          Section 111. Section 20A-7-801 is amended to read:
5421          20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of

5422     the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
5423     Frequently asked voter questions -- Other elections.
5424          (1) There is established the Statewide Electronic Voter Information Website Program
5425     administered by the lieutenant governor in cooperation with the county clerks for general
5426     elections and municipal authorities for municipal elections.
5427          (2) In accordance with this section, and as resources become available, the lieutenant
5428     governor, in cooperation with county clerks, shall develop, establish, and maintain a
5429     state-provided Internet website designed to help inform the voters of the state of:
5430          (a) the offices and candidates up for election; and
5431          (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
5432     of ballot propositions submitted to the voters.
5433          (3) Except as provided under Subsection (6), the website shall include:
5434          (a) all information currently provided in the Utah voter information pamphlet under
5435     Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared, analyzed, and
5436     submitted by the Judicial Council describing the judicial selection and retention process;
5437          (b) all information submitted by election officers under Subsection (4) on local office
5438     races, local office candidates, and local ballot propositions;
5439          (c) a list that contains the name of a political subdivision that operates an election day
5440     voting center under Section [20A-3-703] 20A-3a-703 and the location of the election day
5441     voting center;
5442          (d) other information determined appropriate by the lieutenant governor that is
5443     currently being provided by law, rule, or ordinance in relation to candidates and ballot
5444     questions; and
5445          (e) any differences in voting method, time, or location designated by the lieutenant
5446     governor under Subsection 20A-1-308(2).
5447          (4) (a) An election official shall submit the following information for each ballot
5448     [label] under the election official's direct responsibility under this title:
5449          (i) a list of all candidates for each office;
5450          (ii) if submitted by the candidate to the election official's office before 5 p.m. no later
5451     than 45 days before the primary election or before 5 p.m. no later than 60 days before the
5452     general election:

5453          (A) a statement of qualifications, not exceeding 200 words in length, for each
5454     candidate;
5455          (B) the following current biographical information if desired by the candidate, current:
5456          (I) age;
5457          (II) occupation;
5458          (III) city of residence;
5459          (IV) years of residence in current city; and
5460          (V) email address; and
5461          (C) a single web address where voters may access more information about the
5462     candidate and the candidate's views; and
5463          (iii) factual information pertaining to all ballot propositions submitted to the voters,
5464     including:
5465          (A) a copy of the number and ballot title of each ballot proposition;
5466          (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
5467     vote was required to place the ballot proposition on the ballot;
5468          (C) a complete copy of the text of each ballot proposition, with all new language
5469     underlined and all deleted language placed within brackets; and
5470          (D) other factual information determined helpful by the election official.
5471          (b) The information under Subsection (4)(a) shall be submitted to the lieutenant
5472     governor no later than one business day after the deadline under Subsection (4)(a) for each
5473     general election year and each municipal election year.
5474          (c) The lieutenant governor shall:
5475          (i) review the information submitted under this section, to determine compliance under
5476     this section, prior to placing it on the website;
5477          (ii) refuse to post information submitted under this section on the website if it is not in
5478     compliance with the provisions of this section; and
5479          (iii) organize, format, and arrange the information submitted under this section for the
5480     website.
5481          (d) The lieutenant governor may refuse to include information the lieutenant governor
5482     determines is not in keeping with:
5483          (i) Utah voter needs;

5484          (ii) public decency; or
5485          (iii) the purposes, organization, or uniformity of the website.
5486          (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
5487     Subsection (5).
5488          (5) (a) A person whose information is refused under Subsection (4), and who is
5489     aggrieved by the determination, may appeal by submitting a written notice of appeal to the
5490     lieutenant governor before 5 p.m. within 10 business days after the date of the determination.
5491     A notice of appeal submitted under this Subsection (5)(a) shall contain:
5492          (i) a listing of each objection to the lieutenant governor's determination; and
5493          (ii) the basis for each objection.
5494          (b) The lieutenant governor shall review the notice of appeal and shall issue a written
5495     response within 10 business days after the day on which the notice of appeal is submitted.
5496          (c) An appeal of the response of the lieutenant governor shall be made to the district
5497     court, which shall review the matter de novo.
5498          (6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
5499     enter the voter's address information on the website to retrieve information on which offices,
5500     candidates, and ballot propositions will be on the voter's ballot at the next general election or
5501     municipal election.
5502          (b) The information on the website will anticipate and answer frequent voter questions
5503     including the following:
5504          (i) what offices are up in the current year for which the voter may cast a vote;
5505          (ii) who is running for what office and who is the incumbent, if any;
5506          (iii) what address each candidate may be reached at and how the candidate may be
5507     contacted;
5508          (iv) for partisan races only, what, if any, is each candidate's party affiliation;
5509          (v) what qualifications have been submitted by each candidate;
5510          (vi) where additional information on each candidate may be obtained;
5511          (vii) what ballot propositions will be on the ballot; and
5512          (viii) what judges are up for retention election.
5513          (7) As resources are made available and in cooperation with the county clerks, the
5514     lieutenant governor may expand the electronic voter information website program to include

5515     the same information as provided under this section for special elections and primary elections.
5516          Section 112. Section 20A-9-406 is amended to read:
5517          20A-9-406. Qualified political party -- Requirements and exemptions.
5518          The following provisions apply to a qualified political party:
5519          (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
5520     odd-numbered year, certify to the lieutenant governor the identity of one or more registered
5521     political parties whose members may vote for the qualified political party's candidates and
5522     whether unaffiliated voters may vote for the qualified political party's candidates;
5523          (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
5524     20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
5525     political party;
5526          (3) an individual may only seek the nomination of the qualified political party by using
5527     a method described in Section 20A-9-407, Section 20A-9-408, or both;
5528          (4) the qualified political party shall comply with the provisions of Sections
5529     20A-9-407, 20A-9-408, and 20A-9-409;
5530          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(f), or (2)(a), each election officer
5531     shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
5532     by a qualified political party:
5533          (a) under the qualified political party's name , if any; or
5534          (b) under the title of the qualified registered political party as designated by the
5535     qualified political party in the certification described in Subsection (1), or, if none is
5536     designated, then under some suitable title;
5537          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
5538     [paper] ballots in regular general elections, that each candidate who is nominated by the
5539     qualified political party is listed by party;
5540          [(7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure
5541     that the party designation of each candidate who is nominated by the qualified political party is
5542     printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;]
5543          [(8)] (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall
5544     ensure that the party designation of each candidate who is nominated by the qualified political
5545     party is displayed adjacent to the candidate's name on [an electronic] a mechanical ballot;

5546          [(9)] (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
5547     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
5548     20A-9-408 to run in a regular general election for a federal office, constitutional office,
5549     multicounty office, or county office;
5550          [(10)] (9) an individual who is nominated by, or seeking the nomination of, the
5551     qualified political party is not required to comply with Subsection 20A-9-201(1)(c);
5552          [(11)] (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is
5553     entitled to have each of the qualified political party's candidates for elective office appear on
5554     the primary ballot of the qualified political party with an indication that each candidate is a
5555     candidate for the qualified political party;
5556          [(12)] (11) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall
5557     include on the list provided by the lieutenant governor to the county clerks:
5558          (a) the names of all candidates of the qualified political party for federal, constitutional,
5559     multicounty, and county offices; and
5560          (b) the names of unopposed candidates for elective office who have been nominated by
5561     the qualified political party and instruct the county clerks to exclude such candidates from the
5562     primary-election ballot;
5563          [(13)] (12) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed
5564     for an elective office in the regular primary election of the qualified political party is nominated
5565     by the party for that office without appearing on the primary ballot; and
5566          [(14)] (13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and
5567     Section 20A-9-405, the qualified political party is entitled to have the names of its candidates
5568     for elective office featured with party affiliation on the ballot at a regular general election.
5569          Section 113. Section 20A-9-806 is amended to read:
5570          20A-9-806. Ballots.
5571          (1) The lieutenant governor, together with county clerks, suppliers of election
5572     materials, and representatives of registered political parties, shall:
5573          (a) develop [paper] manual ballots, [ballot labels, ballot sheets, electronic] mechanical
5574     ballots, return envelopes and provisional ballot envelopes to be used in a presidential primary
5575     election;
5576          (b) ensure that the [paper ballots, ballot labels, ballot sheets, electronic ballots, and

5577     provisional] ballots, return envelopes, and provisional ballot envelopes comply generally with
5578     the requirements of Chapter 6, Part 1, General Requirements for All Ballots; and
5579          (c) provide voting booths, election records and supplies, and ballot boxes for each
5580     voting precinct as required by Section 20A-5-403.
5581          (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Chapter 6, Part
5582     1, General Requirements for All Ballots, and Section 20A-5-403, the lieutenant governor,
5583     together with county clerks, suppliers of election materials, and representatives of registered
5584     political parties shall ensure that the [paper ballots, ballot labels, ballot sheets, electronic
5585     ballots, provisional] ballots, return envelopes, provisional ballot envelopes, [and] voting
5586     booths, election records and supplies, and ballot boxes:
5587          (i) facilitate the distribution, voting, and tallying of ballots in a closed primary;
5588          (ii) simplify the task of poll workers, particularly in determining a voter's party
5589     affiliation;
5590          (iii) minimize the possibility of spoiled ballots due to voter confusion; and
5591          (iv) protect against fraud.
5592          (b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
5593     county clerks, suppliers of election materials, and representatives of registered political parties
5594     shall:
5595          (i) mark[, prepunch, or otherwise identify ballot sheets] ballots as being for a particular
5596     registered political party; and
5597          (ii) instruct persons counting the ballots to count only those votes for candidates from
5598     the registered political party whose ballot the voter received.
5599          (c) To accomplish the requirements of this Subsection (2), the lieutenant governor,
5600     county clerks, suppliers of election materials, and representatives of registered political parties
5601     may:
5602          (i) notwithstanding the requirements of Sections 20A-6-101 and 20A-6-102, use
5603     different colored [ballot sheets] ballots for each registered political party;
5604          (ii) place [ballot labels or] ballots for each registered political party in different voting
5605     booths and direct voters to the particular voting booth for the political party whose ballot they
5606     are voting; or
5607          (iii) consider other means of accomplishing the objectives [outlined] described in

5608     Subsection (2)(a).
5609          Section 114. Section 20A-9-808 is amended to read:
5610          20A-9-808. Voting.
5611          Voting in a presidential primary election shall be conducted in accordance with the
5612     procedures of Section [20A-3-104.5] 20A-3a-203.
5613          Section 115. Section 20A-11-206 is amended to read:
5614          20A-11-206. State office candidate -- Failure to file reports -- Penalties.
5615          (1) A state office candidate who fails to file a financial statement before the deadline is
5616     subject to a fine imposed in accordance with Section 20A-11-1005.
5617          (2) If a state office candidate fails to file an interim report described in Subsections
5618     20A-11-204(1)(b) through (d), the lieutenant governor may send an electronic notice to the
5619     state office candidate and the political party of which the state office candidate is a member, if
5620     any, that states:
5621          (a) that the state office candidate failed to timely file the report; and
5622          (b) that, if the state office candidate fails to file the report within 24 hours after the
5623     deadline for filing the report, the state office candidate will be disqualified and the political
5624     party will not be permitted to replace the candidate.
5625          (3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
5626     county clerk and other appropriate election officials that the state office candidate is
5627     disqualified if the state office candidate fails to file an interim report described in Subsections
5628     20A-11-204(1)(b) through (d) within 24 hours after the deadline for filing the report.
5629          (b) The political party of a state office candidate who is disqualified under Subsection
5630     (3)(a) may not replace the state office candidate.
5631          (4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
5632     official shall:
5633          (i) remove the state office candidate's name from the ballot; or
5634          (ii) if removing the state office candidate's name from the ballot is not practicable,
5635     inform the voters by any practicable method that the state office candidate has been
5636     disqualified and that votes cast for the state office candidate will not be counted.
5637          (b) An election official may fulfill the requirement described in Subsection (4)(a) in
5638     relation to [an absentee voter] a mailed ballot, including a military or overseas [absentee voter]

5639     ballot, by including with the [absentee] ballot a written notice directing the voter to a public
5640     website that will inform the voter whether a candidate on the ballot is disqualified.
5641          (5) A state office candidate is not disqualified if:
5642          (a) the state office candidate timely files the reports described in Subsections
5643     20A-11-204(1)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
5644     reports;
5645          (b) the reports are completed, detailing accurately and completely the information
5646     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
5647     and
5648          (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
5649     an amended report or the next scheduled report.
5650          (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
5651     governor shall review each filed summary report to ensure that:
5652          (i) each state office candidate that is required to file a summary report has filed one;
5653     and
5654          (ii) each summary report contains the information required by this part.
5655          (b) If it appears that any state office candidate has failed to file the summary report
5656     required by law, if it appears that a filed summary report does not conform to the law, or if the
5657     lieutenant governor has received a written complaint alleging a violation of the law or the
5658     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
5659     violation or receipt of a written complaint, notify the state office candidate of the violation or
5660     written complaint and direct the state office candidate to file a summary report correcting the
5661     problem.
5662          (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
5663     report within seven days after receiving notice from the lieutenant governor described in this
5664     Subsection (6).
5665          (ii) Each state office candidate who violates Subsection (6)(c)(i) is guilty of a class B
5666     misdemeanor.
5667          (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
5668     attorney general.
5669          (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant

5670     governor shall impose a civil fine of $100 against a state office candidate who violates
5671     Subsection (6)(c)(i).
5672          Section 116. Section 20A-11-305 is amended to read:
5673          20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
5674          (1) A legislative office candidate who fails to file a financial statement before the
5675     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
5676          (2) If a legislative office candidate fails to file an interim report described in
5677     Subsections 20A-11-303(1)(b)(ii) through (iv), the lieutenant governor may send an electronic
5678     notice to the legislative office candidate and the political party of which the legislative office
5679     candidate is a member, if any, that states:
5680          (a) that the legislative office candidate failed to timely file the report; and
5681          (b) that, if the legislative office candidate fails to file the report within 24 hours after
5682     the deadline for filing the report, the legislative office candidate will be disqualified and the
5683     political party will not be permitted to replace the candidate.
5684          (3) (a) The lieutenant governor shall disqualify a legislative office candidate and
5685     inform the county clerk and other appropriate election officials that the legislative office
5686     candidate is disqualified if the legislative office candidate fails to file an interim report
5687     described in Subsections 20A-11-303(1)(b)(ii) through (iv) within 24 hours after the deadline
5688     for filing the report.
5689          (b) The political party of a legislative office candidate who is disqualified under
5690     Subsection (3)(a) may not replace the legislative office candidate.
5691          (4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
5692     election officer shall:
5693          (i) remove the legislative office candidate's name from the ballot; or
5694          (ii) if removing the legislative office candidate's name from the ballot is not
5695     practicable, inform the voters by any practicable method that the legislative office candidate
5696     has been disqualified and that votes cast for the legislative office candidate will not be counted.
5697          (b) An election official may fulfill the requirement described in Subsection (4)(a) in
5698     relation to [an absentee voter] a mailed ballot, including a military or overseas [absentee voter]
5699     ballot, by including with the [absentee] ballot a written notice directing the voter to a public
5700     website that will inform the voter whether a candidate on the ballot is disqualified.

5701          (5) A legislative office candidate is not disqualified if:
5702          (a) the legislative office candidate files the reports described in Subsections
5703     20A-11-303(1)(b)(ii) through (iv) no later than 24 hours after the applicable deadlines for filing
5704     the reports;
5705          (b) the reports are completed, detailing accurately and completely the information
5706     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
5707     and
5708          (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
5709     an amended report or the next scheduled report.
5710          (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
5711     governor shall review each filed summary report to ensure that:
5712          (i) each legislative office candidate that is required to file a summary report has filed
5713     one; and
5714          (ii) each summary report contains the information required by this part.
5715          (b) If it appears that any legislative office candidate has failed to file the summary
5716     report required by law, if it appears that a filed summary report does not conform to the law, or
5717     if the lieutenant governor has received a written complaint alleging a violation of the law or the
5718     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
5719     violation or receipt of a written complaint, notify the legislative office candidate of the
5720     violation or written complaint and direct the legislative office candidate to file a summary
5721     report correcting the problem.
5722          (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
5723     report within seven days after receiving notice from the lieutenant governor described in this
5724     Subsection (6).
5725          (ii) Each legislative office candidate who violates Subsection (6)(c)(i) is guilty of a
5726     class B misdemeanor.
5727          (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
5728     attorney general.
5729          (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
5730     governor shall impose a civil fine of $100 against a legislative office candidate who violates
5731     Subsection (6)(c)(i).

5732          Section 117. Section 20A-11-1305 is amended to read:
5733          20A-11-1305. School board office candidate -- Failure to file statement --
5734     Penalties.
5735          (1) A school board office candidate who fails to file a financial statement by the
5736     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
5737          (2) If a school board office candidate fails to file an interim report described in
5738     Subsections 20A-11-1303(1)(c)(i) through (iv), the lieutenant governor may send an electronic
5739     notice to the school board office candidate and the political party of which the school board
5740     office candidate is a member, if any, that states:
5741          (a) that the school board office candidate failed to timely file the report; and
5742          (b) that, if the school board office candidate fails to file the report within 24 hours after
5743     the deadline for filing the report, the school board office candidate will be disqualified and the
5744     political party will not be permitted to replace the candidate.
5745          (3) (a) The lieutenant governor shall disqualify a school board office candidate and
5746     inform the county clerk and other appropriate election officials that the school board office
5747     candidate is disqualified if the school board office candidate fails to file an interim report
5748     described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the deadline
5749     for filing the report.
5750          (b) The political party of a school board office candidate who is disqualified under
5751     Subsection (3)(a) may not replace the school board office candidate.
5752          (4) (a) If a school board office candidate is disqualified under Subsection (3)(a), the
5753     election officer shall:
5754          (i) remove the school board office candidate's name from the ballot; or
5755          (ii) if removing the school board office candidate's name from the ballot is not
5756     practicable, inform the voters by any practicable method that the school board office candidate
5757     has been disqualified and that votes cast for the school board office candidate will not be
5758     counted.
5759          (b) An election officer may fulfill the requirement described in Subsection (4)(a) in
5760     relation to [an absentee voter] a mailed ballot, including a military or overseas [absentee voter]
5761     ballot, by including with the [absentee] ballot a written notice directing the voter to a public
5762     website that will inform the voter whether a candidate on the ballot is disqualified.

5763          (5) A school board office candidate is not disqualified if:
5764          (a) the school board office candidate files the reports described in Subsections
5765     20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for
5766     filing the reports;
5767          (b) the reports are completed, detailing accurately and completely the information
5768     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
5769     and
5770          (c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
5771     an amended report or the next scheduled report.
5772          (6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
5773     governor shall review each filed summary report to ensure that:
5774          (i) each school board office candidate who is required to file a summary report has
5775     filed the report; and
5776          (ii) each summary report contains the information required by this part.
5777          (b) If it appears that a school board office candidate has failed to file the summary
5778     report required by law, if it appears that a filed summary report does not conform to the law, or
5779     if the lieutenant governor has received a written complaint alleging a violation of the law or the
5780     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
5781     violation or receipt of a written complaint, notify the school board office candidate of the
5782     violation or written complaint and direct the school board office candidate to file a summary
5783     report correcting the problem.
5784          (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
5785     summary report within seven days after receiving the notice described in Subsection (6)(b)
5786     from the lieutenant governor.
5787          (ii) Each school board office candidate who violates Subsection (6)(c)(i) is guilty of a
5788     class B misdemeanor.
5789          (iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
5790     attorney general.
5791          (iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
5792     governor shall impose a civil fine of $100 against a school board office candidate who violates
5793     Subsection (6)(c)(i).

5794          Section 118. Section 20A-16-202 is amended to read:
5795          20A-16-202. Report on ballots.
5796          (1) [Not] No later than 60 days after each regular general election date, each county
5797     clerk shall submit a report to the lieutenant governor indicating:
5798          (a) the number of ballots sent to covered voters; and
5799          (b) the number of ballots returned by covered voters that were counted.
5800          (2) [Not] No later than 90 days after each regular general election date, the lieutenant
5801     governor shall submit a statewide report to the Election Assistance Commission that includes
5802     the information required by Subsection (1).
5803          Section 119. Section 20A-16-401 is amended to read:
5804          20A-16-401. Methods of applying for military-overseas ballots.
5805          (1) A covered voter who is registered to vote in the state may apply for a
5806     military-overseas ballot [using]:
5807          [(a) an absentee ballot application under Section 20A-3-304; or]
5808          [(b) (i)] (a) via the federal postcard application; [or]
5809          [(ii)] (b) via the federal postcard application's electronic equivalent[.]; or
5810          (c) by otherwise making a request in writing.
5811          (2) A covered voter who is not registered to vote in this state may use a federal
5812     postcard application or the federal postcard application's electronic equivalent to apply
5813     simultaneously to register to vote under Section 20A-16-302 and for a military-overseas ballot.
5814          (3) (a) The lieutenant governor shall ensure that the electronic transmission system
5815     described in Subsection 20A-16-201(3) is capable of accepting the submission of both a federal
5816     postcard application and any other approved electronic military-overseas ballot application sent
5817     to the appropriate election official.
5818          (b) The voter may use the electronic transmission system or any other approved
5819     method to apply for a military-overseas ballot.
5820          (4) A covered voter may use the declaration accompanying a federal write-in absentee
5821     ballot as an application for a military-overseas ballot simultaneously with the submission of the
5822     federal write-in absentee ballot, if the declaration is received by the appropriate election official
5823     by the Thursday immediately before the election.
5824          (5) To receive the benefits of this chapter, a covered voter shall inform the appropriate

5825     election official that the voter is a covered voter by:
5826          (a) the use of a federal postcard application or federal write-in absentee ballot;
5827          (b) the use of an overseas address on an approved voter registration application or
5828     ballot application; or
5829          (c) the inclusion on an approved voter registration application or ballot application of
5830     other information sufficient to identify the voter as a covered voter.
5831          (6) This chapter does not preclude a covered voter from voting [under Chapter 3, Part
5832     3, Absentee Voting] via a manual ballot by mail.
5833          Section 120. Section 20A-16-406 is amended to read:
5834          20A-16-406. Disposition of ballot by county clerk.
5835          (1) Upon receipt by the county clerk of the envelope containing a military-overseas
5836     ballot, the county clerk shall:
5837          (a) enclose the unopened envelope containing the ballot and the written application of
5838     the covered voter in a larger envelope;
5839          (b) securely seal and endorse it with:
5840          (i) the name or number of the proper voting precinct;
5841          (ii) the name and official title of the clerk; and
5842          (iii) the words: "This envelope contains an absentee voter's official Utah election ballot
5843     to be voted at ____ (Insert Name and Number) precinct, in ____ (Insert Name) county, and
5844     may be opened on election day at the polls while the polls are open."; and
5845          (c) safely keep the envelope in the county clerk's office until the envelope is delivered
5846     by the county clerk to the proper election judges.
5847          (2) (a) When reasonably possible, the county clerk shall deliver or mail all
5848     military-overseas voter ballot envelopes to the appropriate voting precinct election judges so
5849     that the ballots may be processed on election day.
5850          (b) If the clerk is unable to determine the voting precinct to which the ballot should be
5851     sent or when valid ballots are received too late to deliver to the election judges on election day,
5852     the clerk shall keep them in a safe place until delivery can be made as required by Section
5853     [20A-3-309] 20A-3a-402.
5854          Section 121. Section 20A-16-407 is amended to read:
5855          20A-16-407. Duty of election judges.

5856          (1) (a) Voting precinct election judges shall open envelopes containing
5857     military-overseas ballots that are in the judges' custody on election day at the polling places
5858     during the time the polls are open as provided in this subsection.
5859          (b) The election judges shall:
5860          (i) first, open the outer envelope only; and
5861          (ii) compare the signature of the covered voter on the application with the signature on
5862     the registration and voting certificate.
5863          (2) (a) The judges shall register the covered voter to vote if the voter is not already
5864     registered if the judges find that:
5865          (i) the registration and voting certificate appears to be executed in proper form and
5866     contains information qualifying the covered voter to be registered as a voter; and
5867          (ii) the signatures on the certificate and the application correspond, where a
5868     comparison is required.
5869          (b) If the election judges determine that the registration and voting certificate is
5870     insufficient or that the signatures do not correspond, they shall:
5871          (i) disallow the registration; and
5872          (ii) without opening the ballot envelope, mark across the face of the envelope
5873     "Rejected as defective because of __________ ." with the reason for the rejection placed in the
5874     blank.
5875          (c) When a covered voter's name is entered upon the registration books, the voter is
5876     considered to be registered and the registration and voting certificate, signed and sworn to by
5877     the covered voter on the back of the ballot envelope, together with the covered voter's name
5878     upon the registration books, constitute the covered voter's registration record.
5879          (d) Nothing in this title may abridge the right of the covered voter to be registered as
5880     provided in this section.
5881          (3) (a) After registering the voter, the judges shall carefully open the ballot envelope so
5882     as not to destroy the information printed on it if they find that:
5883          (i) the registration and voting certificate is sufficient; and
5884          (ii) the signatures on the certificate and the application correspond, where a
5885     comparison is required.
5886          (b) The election judges shall:

5887          (i) remove the ballot from the envelope without unfolding it or permitting it to be
5888     opened or examined;
5889          [(ii) initial the stub in the same manner as for other ballots;]
5890          [(iii)] (ii) deposit the ballot in the proper ballot box; and
5891          [(iv)] (iii) mark the official register and pollbook to show that the voter has voted.
5892          (c) If the election judges determine that the registration and voting certificate is
5893     insufficient or that the signatures do not correspond, they shall:
5894          (i) disallow the vote; and
5895          (ii) without opening the ballot envelope, mark across the face of the envelope
5896     "Rejected as defective because of __________ ." with the reason for the rejection placed in the
5897     blank.
5898          (4) The election judges shall deposit the envelope, when the ballot is voted, and the
5899     envelope with its contents unopened, when the absent vote is rejected, in the ballot box
5900     containing the ballots.
5901          (5) The county clerk shall retain and preserve the envelopes in the manner provided by
5902     law for the retention and preservation of official ballots voted at that election.
5903          Section 122. Section 63I-2-220 is amended to read:
5904          63I-2-220. Repeal dates -- Title 20A.
5905          (1) On January 1, 2021:
5906          (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
5907     Subsection (4)," is repealed.
5908          (b) Subsection 20A-1-201.5(4) is repealed.
5909          (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
5910     following:
5911          "(i) the fourth Tuesday in June; or
5912          (ii) the first Tuesday after the first Monday in November.".
5913          (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
5914     20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
5915     20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
5916          (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
5917          "(b) Unless expressly provided otherwise in this title, for a registered political party

5918     that is not a qualified political party, the deadline for filing a declaration of candidacy for an
5919     elective office that is to be filled at the next regular general election is 5 p.m. on the first
5920     Monday after the third Saturday in April.";
5921          (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
5922          "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
5923     the third Saturday in April.".
5924          (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
5925          (3) Section 20A-5-804 is repealed July 1, 2023.
5926          (4) On January 1, 2026:
5927          (a) In Subsection 20A-1-102[(22)](18)(a), the language that states "or Title 20A,
5928     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
5929          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
5930     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
5931     repealed.
5932          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
5933     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
5934     Pilot Project," is repealed.
5935          (d) In Subsection [20A-3-105] 20A-3a-204(1)(a), (c), or (d), the language that states
5936     ["Except] "except as provided in Subsection [(5)] (6)," is repealed.
5937          [(e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states
5938     "Except as provided in Subsections (5) and (6)," is repealed.]
5939          [(f)] (e) [In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a)] Subsection 20A-3a-204
5940     (5)(b), the language that states ["Subject] "subject to Subsection [(5)] (6)," is repealed.
5941          [(g)] (f) Subsection [20A-3-105(5)] 20A-3a-204(6) is repealed and the remaining
5942     subsections in Section [20A-3-105] 20A-3a-204 are renumbered accordingly.
5943          [(h)] (g) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
5944     Subsection (2)(f)," is repealed.
5945          [(i)] (h) Subsection 20A-4-101(2)(f) is repealed.
5946          [(j)] (i) Subsection 20A-4-101(3) is repealed and replaced with the following:
5947          "(3) To resolve questions that arise during the counting of ballots, a counting judge
5948     shall apply the standards and requirements of Section 20A-4-105.".

5949          [(k)] (j) In Subsection 20A-4-102(1)[(a)](b), the language that states "or a rule made
5950     under Subsection 20A-4-101(2)(f)(i)" is repealed.
5951          [(l)] (k) Subsection 20A-4-102(1)[(b)](c) is repealed and replaced with the following:
5952          "(b) To resolve questions that arise during the counting of ballots, a counting judge
5953     shall apply the standards and requirements of Section 20A-4-105.".
5954          [(m)] (l) In Subsection 20A-4-102(6)(a), the language that states ", except as provided
5955     in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule
5956     made under Subsection 20A-4-101(2)(f)(i)" is repealed.
5957          [(n)] (m) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
5958     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
5959     repealed.
5960          [(o)] (n) In Subsection 20A-4-105(2), the language that states "Subsection
5961     [20A-3-105(5)] 20A-3a-204(6), or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
5962     Methods Pilot Project," is repealed.
5963          [(p)] (o) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
5964     otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
5965     Project," is repealed.
5966          [(q)] (p) In Subsection 20A-4-106[(1)(a)(ii)](2), the language that states "or Title 20A,
5967     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
5968          [(r)] (q) In Subsection 20A-4-304(1)(a), the language that states "except as provided in
5969     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
5970          [(s)] (r) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
5971          "(v) from each voting precinct:
5972          (A) the number of votes for each candidate; and
5973          (B) the number of votes for and against each ballot proposition;".
5974          [(t)] (s) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in
5975     Subsection (1) are renumbered accordingly, and the cross-references to those subsections are
5976     renumbered accordingly.
5977          [(u)] (t) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
5978     Project, is repealed.
5979          [(v)] (u) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local

5980     political subdivision to conduct an election, is repealed.
5981          [(w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
5982     Subsection (3) are renumbered accordingly.]
5983          [(x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
5984     Subsection (4) are renumbered accordingly.]
5985          [(y)] (v) In Section 20A-5-802, relating to the certification of voting equipment:
5986          (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
5987     Subsection (2); and
5988          (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
5989     accordingly.
5990          [(z)] (w) Section 20A-6-203.5 is repealed.
5991          [(aa)] (x) In Subsections 20A-6-402(1)[,] and (2), [(3), and (4),] the language that
5992     states "Except as otherwise required for a race conducted by instant runoff voting under Title
5993     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
5994          [(bb)] (y) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A,
5995     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
5996          [(cc)] (z) In Subsection 20A-9-203(3)(c)(i), the language that states "except as
5997     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
5998     repealed.
5999          [(dd)] (aa) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A,
6000     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
6001          [(ee)] (bb) In Subsection 20A-9-404(2), the language that states "Except as otherwise
6002     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
6003     repealed.
6004          (5) Section 20A-7-407 is repealed January 1, 2021.
6005          Section 123. Repealer.
6006          This bill repeals:
6007          Section 20A-3-104.5, Voting -- Regular primary election and presidential primary
6008     election.
6009          Section 20A-3-105, Marking and depositing ballots.
6010          Section 20A-3-301, Voting by absentee ballot.

6011          Section 20A-3-303, Form of absentee ballot.
6012          Section 20A-3-304, Application for absentee ballot -- Time for filing and voting.
6013          Section 20A-3-305, Mailing of ballot to voter -- Enclose self-addressed envelope --
6014     Affidavit.
6015          Section 20A-3-306, Voting ballot -- Returning ballot.
6016          Section 20A-3-307, Receipt and processing of absentee ballot.
6017          Section 20A-3-502, Intimidation -- Undue influence.
6018          Section 20A-5-604, Receipt of ballots by poll workers.
6019          Section 20A-6-303, Regular general election -- Ballot sheets.