1
2
3
4
5
6 Cosponsors:
7 Cheryl K. Acton
8 Melissa G. Ballard
9 Joel K. Briscoe
10 Walt Brooks
11 Jennifer Dailey-Provost
12 Susan Duckworth
13 Craig Hall
14 Suzanne Harrison
15 Jon Hawkins
16 Sandra Hollins
17 Eric K. Hutchings
Dan N. Johnson
Brian S. King
Karen Kwan
Carol Spackman Moss
Merrill F. Nelson
Lee B. Perry
Candice B. Pierucci
Stephanie Pitcher
Marie H. Poulson
Marc K. Roberts
Angela Romero
Rex P. Shipp
Lawanna Shurtliff
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mark A. Wheatley
Mike Winder
18
19 LONG TITLE
20 General Description:
21 This bill amends provisions of the Election Code relating to the manner by which a
22 voter casts a vote for all candidates from one political party.
23 Highlighted Provisions:
24 This bill:
25 ▸ removes provisions from the Election Code that allow an individual to cast a vote
26 for all candidates from one political party without voting for the candidates
27 individually;
28 ▸ removes provisions relating to straight ticket party voting and scratch voting; and
29 ▸ makes technical and conforming changes.
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 This bill provides a coordination clause.
34 Utah Code Sections Affected:
35 AMENDS:
36 20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
37 20A-3-106, as last amended by Laws of Utah 2019, Chapter 142
38 20A-4-102, as last amended by Laws of Utah 2018, Chapters 187 and 274
39 20A-4-105, as last amended by Laws of Utah 2018, Chapter 187
40 20A-5-302, as last amended by Laws of Utah 2018, Chapter 274
41 20A-6-301, as last amended by Laws of Utah 2018, Chapter 274
42 20A-6-305, as last amended by Laws of Utah 2017, Chapter 275
43 20A-9-406, as last amended by Laws of Utah 2018, Chapter 274
44 63I-2-220, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
45 67-1a-2, as last amended by Laws of Utah 2019, Chapter 165
46 Utah Code Sections Affected by Coordination Clause:
47 20A-3-106, as last amended by Laws of Utah 2019, Chapter 142
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 20A-1-102 is amended to read:
51 20A-1-102. Definitions.
52 As used in this title:
53 (1) "Active voter" means a registered voter who has not been classified as an inactive
54 voter by the county clerk.
55 (2) "Automatic tabulating equipment" means apparatus that automatically examines
56 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
57 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
58 upon which a voter records the voter's votes.
59 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
60 envelopes.
61 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
62 (a) contain the names of offices and candidates and statements of ballot propositions to
63 be voted on; and
64 (b) are used in conjunction with ballot sheets that do not display that information.
65 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
66 on the ballot for their approval or rejection including:
67 (a) an opinion question specifically authorized by the Legislature;
68 (b) a constitutional amendment;
69 (c) an initiative;
70 (d) a referendum;
71 (e) a bond proposition;
72 (f) a judicial retention question;
73 (g) an incorporation of a city or town; or
74 (h) any other ballot question specifically authorized by the Legislature.
75 (6) "Ballot sheet":
76 (a) means a ballot that:
77 (i) consists of paper or a card where the voter's votes are marked or recorded; and
78 (ii) can be counted using automatic tabulating equipment; and
79 (b) includes punch card ballots and other ballots that are machine-countable.
80 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
81 together with a staple or stitch in at least three places across the top of the paper in the blank
82 space reserved for securing the paper.
83 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
84 20A-4-306 to canvass election returns.
85 (9) "Bond election" means an election held for the purpose of approving or rejecting
86 the proposed issuance of bonds by a government entity.
87 (10) "Book voter registration form" means voter registration forms contained in a
88 bound book that are used by election officers and registration agents to register persons to vote.
89 (11) "Business reply mail envelope" means an envelope that may be mailed free of
90 charge by the sender.
91 (12) "By-mail voter registration form" means a voter registration form designed to be
92 completed by the voter and mailed to the election officer.
93 (13) "Canvass" means the review of election returns and the official declaration of
94 election results by the board of canvassers.
95 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
96 the canvass.
97 (15) "Contracting election officer" means an election officer who enters into a contract
98 or interlocal agreement with a provider election officer.
99 (16) "Convention" means the political party convention at which party officers and
100 delegates are selected.
101 (17) "Counting center" means one or more locations selected by the election officer in
102 charge of the election for the automatic counting of ballots.
103 (18) "Counting judge" means a poll worker designated to count the ballots during
104 election day.
105 (19) "Counting room" means a suitable and convenient private place or room,
106 immediately adjoining the place where the election is being held, for use by the poll workers
107 and counting judges to count ballots during election day.
108 (20) "County officers" means those county officers that are required by law to be
109 elected.
110 (21) "Date of the election" or "election day" or "day of the election":
111 (a) means the day that is specified in the calendar year as the day that the election
112 occurs; and
113 (b) does not include:
114 (i) deadlines established for absentee voting; or
115 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
116 Voting.
117 (22) "Elected official" means:
118 (a) a person elected to an office under Section 20A-1-303 or Chapter 1, Part 6,
119 [
120 (b) a person who is considered to be elected to a municipal office in accordance with
121 Subsection 20A-1-206(1)(c)(ii); or
122 (c) a person who is considered to be elected to a local district office in accordance with
123 Subsection 20A-1-206(3)(c)(ii).
124 (23) "Election" means a regular general election, a municipal general election, a
125 statewide special election, a local special election, a regular primary election, a municipal
126 primary election, and a local district election.
127 (24) "Election Assistance Commission" means the commission established by the Help
128 America Vote Act of 2002, Pub. L. No. 107-252.
129 (25) "Election cycle" means the period beginning on the first day persons are eligible to
130 file declarations of candidacy and ending when the canvass is completed.
131 (26) "Election judge" means a poll worker that is assigned to:
132 (a) preside over other poll workers at a polling place;
133 (b) act as the presiding election judge; or
134 (c) serve as a canvassing judge, counting judge, or receiving judge.
135 (27) "Election officer" means:
136 (a) the lieutenant governor, for all statewide ballots and elections;
137 (b) the county clerk for:
138 (i) a county ballot and election; and
139 (ii) a ballot and election as a provider election officer as provided in Section
140 20A-5-400.1 or 20A-5-400.5;
141 (c) the municipal clerk for:
142 (i) a municipal ballot and election; and
143 (ii) a ballot and election as a provider election officer as provided in Section
144 20A-5-400.1 or 20A-5-400.5;
145 (d) the local district clerk or chief executive officer for:
146 (i) a local district ballot and election; and
147 (ii) a ballot and election as a provider election officer as provided in Section
148 20A-5-400.1 or 20A-5-400.5; or
149 (e) the business administrator or superintendent of a school district for:
150 (i) a school district ballot and election; and
151 (ii) a ballot and election as a provider election officer as provided in Section
152 20A-5-400.1 or 20A-5-400.5.
153 (28) "Election official" means any election officer, election judge, or poll worker.
154 (29) "Election results" means:
155 (a) for an election other than a bond election, the count of votes cast in the election and
156 the election returns requested by the board of canvassers; or
157 (b) for bond elections, the count of those votes cast for and against the bond
158 proposition plus any or all of the election returns that the board of canvassers may request.
159 (30) "Election returns" includes the pollbook, the military and overseas absentee voter
160 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
161 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
162 form, and the total votes cast form.
163 (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
164 device or other voting device that records and stores ballot information by electronic means.
165 (32) "Electronic signature" means an electronic sound, symbol, or process attached to
166 or logically associated with a record and executed or adopted by a person with the intent to sign
167 the record.
168 (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
169 (b) "Electronic voting device" includes a direct recording electronic voting device.
170 (34) "Inactive voter" means a registered voter who is listed as inactive by a county
171 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
172 (35) "Judicial office" means the office filled by any judicial officer.
173 (36) "Judicial officer" means any justice or judge of a court of record or any county
174 court judge.
175 (37) "Local district" means a local government entity under Title 17B, Limited Purpose
176 Local Government Entities - Local Districts, and includes a special service district under Title
177 17D, Chapter 1, Special Service District Act.
178 (38) "Local district officers" means those local district board members that are required
179 by law to be elected.
180 (39) "Local election" means a regular county election, a regular municipal election, a
181 municipal primary election, a local special election, a local district election, and a bond
182 election.
183 (40) "Local political subdivision" means a county, a municipality, a local district, or a
184 local school district.
185 (41) "Local special election" means a special election called by the governing body of a
186 local political subdivision in which all registered voters of the local political subdivision may
187 vote.
188 (42) "Municipal executive" means:
189 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
190 (b) the mayor in the council-manager form of government defined in Subsection
191 10-3b-103(7); or
192 (c) the chair of a metro township form of government defined in Section 10-3b-102.
193 (43) "Municipal general election" means the election held in municipalities and, as
194 applicable, local districts on the first Tuesday after the first Monday in November of each
195 odd-numbered year for the purposes established in Section 20A-1-202.
196 (44) "Municipal legislative body" means:
197 (a) the council of the city or town in any form of municipal government; or
198 (b) the council of a metro township.
199 (45) "Municipal office" means an elective office in a municipality.
200 (46) "Municipal officers" means those municipal officers that are required by law to be
201 elected.
202 (47) "Municipal primary election" means an election held to nominate candidates for
203 municipal office.
204 (48) "Municipality" means a city, town, or metro township.
205 (49) "Official ballot" means the ballots distributed by the election officer to the poll
206 workers to be given to voters to record their votes.
207 (50) "Official endorsement" means:
208 (a) the information on the ballot that identifies:
209 (i) the ballot as an official ballot;
210 (ii) the date of the election; and
211 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
212 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
213 (B) for a ballot prepared by a county clerk, the words required by Subsection
214 20A-6-301(1)(b)(iii); and
215 (b) the information on the ballot stub that identifies:
216 (i) the poll worker's initials; and
217 (ii) the ballot number.
218 (51) "Official register" means the official record furnished to election officials by the
219 election officer that contains the information required by Section 20A-5-401.
220 (52) "Paper ballot" means a paper that contains:
221 (a) the names of offices and candidates and statements of ballot propositions to be
222 voted on; and
223 (b) spaces for the voter to record the voter's vote for each office and for or against each
224 ballot proposition.
225 (53) "Political party" means an organization of registered voters that has qualified to
226 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
227 and Procedures.
228 (54) (a) "Poll worker" means a person assigned by an election official to assist with an
229 election, voting, or counting votes.
230 (b) "Poll worker" includes election judges.
231 (c) "Poll worker" does not include a watcher.
232 (55) "Pollbook" means a record of the names of voters in the order that they appear to
233 cast votes.
234 (56) "Polling place" means the building where voting is conducted.
235 (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
236 in which the voter marks the voter's choice.
237 (58) "Presidential Primary Election" means the election established in Chapter 9, Part
238 8, Presidential Primary Election.
239 (59) "Primary convention" means the political party conventions held during the year
240 of the regular general election.
241 (60) "Protective counter" means a separate counter, which cannot be reset, that:
242 (a) is built into a voting machine; and
243 (b) records the total number of movements of the operating lever.
244 (61) "Provider election officer" means an election officer who enters into a contract or
245 interlocal agreement with a contracting election officer to conduct an election for the
246 contracting election officer's local political subdivision in accordance with Section
247 20A-5-400.1.
248 (62) "Provisional ballot" means a ballot voted provisionally by a person:
249 (a) whose name is not listed on the official register at the polling place;
250 (b) whose legal right to vote is challenged as provided in this title; or
251 (c) whose identity was not sufficiently established by a poll worker.
252 (63) "Provisional ballot envelope" means an envelope printed in the form required by
253 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
254 verify a person's legal right to vote.
255 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
256 duties of the position for which the person was elected.
257 (65) "Receiving judge" means the poll worker that checks the voter's name in the
258 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
259 after the voter has voted.
260 (66) "Registration form" means a book voter registration form and a by-mail voter
261 registration form.
262 (67) "Regular ballot" means a ballot that is not a provisional ballot.
263 (68) "Regular general election" means the election held throughout the state on the first
264 Tuesday after the first Monday in November of each even-numbered year for the purposes
265 established in Section 20A-1-201.
266 (69) "Regular primary election" means the election, held on the date specified in
267 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
268 local school board positions to advance to the regular general election.
269 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
270 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
271 and distributed as provided in Section 20A-5-405.
272 [
273
274
275 [
276 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
277 secrecy of the voter's vote.
278 [
279 20A-1-203.
280 [
281 (a) is spoiled by the voter;
282 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
283 (c) lacks the official endorsement.
284 [
285 or the Legislature in which all registered voters in Utah may vote.
286 [
287 [
288 officer to the poll workers when the official ballots are lost or stolen.
289 [
290 (a) political parties;
291 (b) candidates for an office; or
292 (c) ballot propositions.
293 [
294 counting center.
295 [
296 by statute, whether that absence occurs because of death, disability, disqualification,
297 resignation, or other cause.
298 [
299 (a) a form of identification that bears the name and photograph of the voter which may
300 include:
301 (i) a currently valid Utah driver license;
302 (ii) a currently valid identification card that is issued by:
303 (A) the state; or
304 (B) a branch, department, or agency of the United States;
305 (iii) a currently valid Utah permit to carry a concealed weapon;
306 (iv) a currently valid United States passport; or
307 (v) a currently valid United States military identification card;
308 (b) one of the following identification cards, whether or not the card includes a
309 photograph of the voter:
310 (i) a valid tribal identification card;
311 (ii) a Bureau of Indian Affairs card; or
312 (iii) a tribal treaty card; or
313 (c) two forms of identification not listed under Subsection [
314 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
315 which may include:
316 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
317 election;
318 (ii) a bank or other financial account statement, or a legible copy thereof;
319 (iii) a certified birth certificate;
320 (iv) a valid social security card;
321 (v) a check issued by the state or the federal government or a legible copy thereof;
322 (vi) a paycheck from the voter's employer, or a legible copy thereof;
323 (vii) a currently valid Utah hunting or fishing license;
324 (viii) certified naturalization documentation;
325 (ix) a currently valid license issued by an authorized agency of the United States;
326 (x) a certified copy of court records showing the voter's adoption or name change;
327 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
328 (xii) a currently valid identification card issued by:
329 (A) a local government within the state;
330 (B) an employer for an employee; or
331 (C) a college, university, technical school, or professional school located within the
332 state; or
333 (xiii) a current Utah vehicle registration.
334 [
335 write-in candidate by following the procedures and requirements of this title.
336 [
337 (a) meets the requirements for voting in an election;
338 (b) meets the requirements of election registration;
339 (c) is registered to vote; and
340 (d) is listed in the official register book.
341 [
342 Section 20A-2-102.5.
343 [
344 machines, and ballot box.
345 [
346 (a) the space or compartment within a polling place that is provided for the preparation
347 of ballots, including the voting machine enclosure or curtain; or
348 (b) a voting device that is free standing.
349 [
350 (a) an apparatus in which ballot sheets are used in connection with a punch device for
351 piercing the ballots by the voter;
352 (b) a device for marking the ballots with ink or another substance;
353 (c) an electronic voting device or other device used to make selections and cast a ballot
354 electronically, or any component thereof;
355 (d) an automated voting system under Section 20A-5-302; or
356 (e) any other method for recording votes on ballots so that the ballot may be tabulated
357 by means of automatic tabulating equipment.
358 [
359 recording and tabulating votes cast by voters at an election.
360 [
361 law within which qualified voters vote at one polling place.
362 [
363 described in Section 20A-3-201 to become a watcher for an election.
364 [
365 [
366 the ballot according to the procedures established in this title.
367 Section 2. Section 20A-3-106 is amended to read:
368 20A-3-106. Writing in names -- Effect of unnecessary marking of cross.
369 [
370
371 [
372 [
373
374 [
375 [
376
377 [
378 [
379 [
380 [
381
382 [
383 [
384 [
385
386 [
387
388 [
389 [
390 [
391 [
392
393 [
394 [
395
396 [
397
398
399
400 [
401 writing the name of a valid write-in candidate in the blank write-in section of the ballot.
402 (b) A voter may not cast a write-in vote on a paper ballot or ballot sheet by affixing a
403 sticker or label with the name of a write-in candidate in the blank write-in section of the ballot.
404 [
405 (a) marking the appropriate position opposite the area for entering a write-in candidate
406 for the office sought by the candidate for whom the voter wishes to vote; and
407 (b) entering the name of a valid write-in candidate in the write-in selection area.
408 Section 3. Section 20A-4-102 is amended to read:
409 20A-4-102. Counting paper ballots after the polls close.
410 (1) (a) Except as provided in Subsection (2) or a rule made under Subsection
411 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
412 the election judges shall count the ballots by performing the tasks specified in this section in
413 the order that they are specified.
414 (b) To resolve questions that arise during the counting of ballots, a counting judge shall
415 apply the standards and requirements of:
416 (i) to the extent applicable, Section 20A-4-105; and
417 (ii) as applicable, for an instant runoff voting race under [
418 Municipal Alternate Voting Methods Pilot Project, Subsection 20A-4-603(3).
419 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
420 (b) (i) If there are more ballots in the ballot box than there are names entered in the
421 pollbook, the judges shall examine the official endorsements on the ballots.
422 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
423 official endorsement, the judges shall put those ballots in an excess ballot file and not count
424 them.
425 (c) (i) If, after examining the official endorsements, there are still more ballots in the
426 ballot box than there are names entered in the pollbook, the judges shall place the remaining
427 ballots back in the ballot box.
428 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
429 excess from the ballot box.
430 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
431 count them.
432 (d) When the ballots in the ballot box equal the number of names entered in the
433 pollbook, the judges shall count the votes.
434 (3) The judges shall:
435 (a) place all unused ballots in the envelope or container provided for return to the
436 county clerk or city recorder; and
437 (b) seal that envelope or container.
438 (4) The judges shall:
439 (a) place all of the provisional ballot envelopes in the envelope provided for them for
440 return to the election officer; and
441 (b) seal that envelope or container.
442 (5) (a) In counting the votes, the election judges shall read and count each ballot
443 separately.
444 (b) In regular primary elections the judges shall:
445 (i) count the number of ballots cast for each party;
446 (ii) place the ballots cast for each party in separate piles; and
447 (iii) count all the ballots for one party before beginning to count the ballots cast for
448 other parties.
449 (6) (a) In all elections, the counting judges shall, except as provided in [
450
451 Subsection 20A-4-101(2)(f)(i):
452 (i) count one vote for each candidate designated by the marks in the squares next to the
453 candidate's name;
454 [
455
456
457
458 [
459 declaration of candidacy under Section 20A-9-601;
460 [
461 sheets before another ballot is counted;
462 [
463 Section 20A-4-105;
464 [
465 endorsement and deposit it in the spoiled ballot envelope; and
466 [
467 and ballot proposition received from all ballots, except excess or spoiled ballots.
468 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
469 persons clearly not eligible to qualify for office.
470 (c) The judges shall certify to the accuracy and completeness of the tally list in the
471 space provided on the tally list.
472 (d) When the judges have counted all of the voted ballots, they shall record the results
473 on the total votes cast form.
474 (7) Only an election judge and a watcher may be present at the place where counting is
475 conducted until the count is completed.
476 Section 4. Section 20A-4-105 is amended to read:
477 20A-4-105. Standards and requirements for evaluating voter's ballot choice.
478 (1) (a) An election officer shall ensure that when a question arises regarding a vote
479 recorded on a paper ballot, two counting judges jointly adjudicate the ballot, except as
480 otherwise provided in [
481 Pilot Project, in accordance with the requirements of this section.
482 (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
483 is adjudicated under this section, the counting judges may not count the vote.
484 (2) Except as provided in Subsection [
485
486 more names than there are individuals to be elected to an office, or if the counting judges
487 cannot determine a voter's choice for an office, the counting judges may not count the voter's
488 vote for that office.
489 (3) Except as otherwise provided in [
490 Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark
491 on a paper ballot if:
492 (a) the defective or incomplete mark is in the proper place; and
493 (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
494 other than as indicated by the incomplete or defective mark.
495 [
496
497
498 [
499
500 [
501 Alternate Voting Methods Pilot Project, the counting judges may not reject a ballot marked by
502 the voter because of marks on the ballot other than those marks allowed by this section unless
503 the extraneous marks on a ballot show an intent by an individual to mark the individual's ballot
504 so that the individual's ballot can be identified.
505 [
506 the intent of the voter.
507 (b) The counting judges may not invalidate a ballot because of mechanical or technical
508 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
509 required by Chapter 3, Voting.
510 [
511 (a) stamping or writing an official endorsement; or
512 (b) delivering the wrong ballots to a polling place.
513 [
514 official endorsement by an election officer.
515 [
516 for which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
517 [
518 a ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
519 or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
520 apparent that the voter intended to vote for the candidate.
521 [
522 president of any political party as a vote for the presidential electors selected by the political
523 party.
524 [
525 Alternate Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a
526 valid write-in vote, a voter has cast more votes for an office than that voter is entitled to vote
527 for that office, the counting judges shall count the valid write-in vote as being the obvious
528 intent of the voter.
529 Section 5. Section 20A-5-302 is amended to read:
530 20A-5-302. Automated voting system.
531 (1) (a) Any county or municipal legislative body or local district board may:
532 (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
533 automated voting system that meets the requirements of this section; and
534 (ii) use that system in any election, in all or a part of the voting precincts within its
535 boundaries, or in combination with paper ballots.
536 (b) Nothing in this title shall be construed to require the use of electronic voting
537 devices in local special elections, municipal primary elections, or municipal general elections.
538 (2) [
539 [
540 assistance as authorized by Section 20A-3-108;
541 [
542 [
543 entitled to vote;
544 [
545 [
546 vote;
547 [
548 the candidates of that party for president, vice president, and for their presidential electors;
549 [
550
551 [
552 [
553 nominees of one or more parties and for independent candidates;
554 [
555 [
556 choice; and
557 [
558 [
559 same office;
560 [
561 error before the voter casts the ballot in compliance with the Help America Vote Act of 2002,
562 Pub. L. No. 107-252;
563 [
564 voter's ballot if the number of the voter's recorded choices is greater than the number which the
565 voter is entitled to vote for the office or on the measure;
566 [
567 efficiently, and accurately in the conduct of elections and counting ballots;
568 [
569 [
570 paper record that:
571 [
572 conducted with respect to an election where the voting equipment is used;
573 [
574 the polling place; and
575 [
576 independently only if reasonably practicable commercial methods permitting independent
577 inspection are available at the time of certification of the voting equipment by the lieutenant
578 governor;
579 [
580 the voter's selections;
581 [
582 human readable printing; and
583 [
584 election process; and
585 [
586 [
587 record contains a conflict or inconsistency between the human readable printing and the
588 machine readable printing, the human readable printing shall supercede the machine readable
589 printing when determining the intent of the voter.
590 [
591 ensure that the ballots to be counted by means of electronic or electromechanical devices are of
592 a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
593 for use in the counting devices in which they are intended to be placed.
594 Section 6. Section 20A-6-301 is amended to read:
595 20A-6-301. Paper ballots -- Regular general election.
596 (1) Each election officer shall ensure that:
597 (a) all paper ballots furnished for use at the regular general election contain:
598 (i) no captions or other endorsements except as provided in this section;
599 (ii) no symbols, markings, or other descriptions of a political party or group, except for
600 a registered political party that has chosen to nominate its candidates in accordance with
601 Section 20A-9-403; and
602 (iii) no indication that a candidate for elective office has been nominated by, or has
603 been endorsed by, or is in any way affiliated with a political party or group, unless the
604 candidate has been nominated by a registered political party in accordance with Subsection
605 20A-9-202(4) or Subsection 20A-9-403(5)[
606 (b) immediately below the perforated ballot stub, the following endorsements are
607 printed in 18 point bold type:
608 (i) "Official Ballot for ____ County, Utah";
609 (ii) the date of the election; and
610 (iii) the words "Clerk of __________ County" or, as applicable, the name of a
611 combined office that includes the duties of a county clerk;
612 [
613
614 [
615 party, and all other candidates for elective office who were not nominated by a registered
616 political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are
617 listed with the other candidates for the same office in accordance with Section 20A-6-305,
618 without a party name or title, and with a mark referencing the following statement at the
619 bottom of the ticket: "This candidate is not affiliated with, or does not qualify to be listed on
620 the ballot as affiliated with, a political party.";
621 [
622 device, are separated by heavy parallel lines;
623 [
624 candidates for those offices;
625 [
626 nor more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
627 between lines or rules three-eighths of an inch apart; and
628 [
629 in which a write-in candidate is qualified under Section 20A-9-601:
630 (i) the ballot includes a space for a write-in candidate immediately following the last
631 candidate listed on that ticket; or
632 (ii) for the offices of president and vice president and governor and lieutenant
633 governor, the ballot includes two spaces for write-in candidates immediately following the last
634 candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
635 candidates.
636 (2) Each election officer shall ensure that:
637 (a) each person nominated by any registered political party under Subsection
638 20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:
639 (i) under the registered political party's name, if any; or
640 (ii) under the title of the registered political party as designated by them in their
641 certificates of nomination or petition, or, if none is designated, then under some suitable title;
642 (b) the names of all unaffiliated candidates that qualify as required in [
643 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
644 (c) the names of the candidates for president and vice president are used on the ballot
645 instead of the names of the presidential electors; and
646 (d) the ballots contain no other names.
647 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
648 that:
649 (a) the designation of the office to be filled in the election and the number of
650 candidates to be elected are printed in type not smaller than eight point;
651 (b) the words designating the office are printed flush with the left-hand margin;
652 (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
653 which the voter may vote)" extend to the extreme right of the column;
654 (d) the nonpartisan candidates are grouped according to the office for which they are
655 candidates;
656 (e) the names in each group are placed in the order specified under Section 20A-6-305
657 with the surnames last; and
658 (f) each group is preceded by the designation of the office for which the candidates
659 seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
660 candidates for which the voter may vote)," according to the number to be elected.
661 (4) Each election officer shall ensure that:
662 (a) proposed amendments to the Utah Constitution are listed on the ballot in
663 accordance with Section 20A-6-107;
664 (b) ballot propositions submitted to the voters are listed on the ballot in accordance
665 with Section 20A-6-107; and
666 (c) bond propositions that have qualified for the ballot are listed on the ballot under the
667 title assigned to each bond proposition under Section 11-14-206.
668 Section 7. Section 20A-6-305 is amended to read:
669 20A-6-305. Master ballot position list -- Random selection -- Procedures --
670 Publication -- Surname -- Exemptions -- Ballot order.
671 (1) As used in this section, "master ballot position list" means an official list of the 26
672 characters in the alphabet listed in random order and numbered from one to 26 as provided
673 under Subsection (2).
674 (2) The lieutenant governor shall:
675 (a) within 30 days after the candidate filing deadline in each even-numbered year,
676 conduct a random selection to create a master ballot position list for all elections in accordance
677 with procedures established under Subsection (2)(c);
678 (b) publish the master ballot position list on the lieutenant governor's election website
679 no later than 15 days after creating the list; and
680 (c) establish written procedures for:
681 (i) the election official to use the master ballot position list; and
682 (ii) the lieutenant governor in:
683 (A) conducting the random selection in a fair manner; and
684 (B) providing a record of the random selection process used.
685 (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
686 election officer shall use the master ballot position list for the current year to determine the
687 order in which to list candidates on the ballot for an election held during the year.
688 (4) To determine the order in which to list candidates on the ballot required under
689 Subsection (3), the election officer shall apply the randomized alphabet using:
690 (a) the candidate's surname;
691 (b) for candidates with a surname that has the same spelling, the candidate's given
692 name; and
693 (c) the surname of the president and the surname of the governor for an election for the
694 offices of president and vice president and governor and lieutenant governor[
695 [
696
697 (5) Subsections (1) through (4) do not apply to:
698 (a) an election for an office for which only one candidate is listed on the ballot; or
699 (b) a judicial retention election under Section 20A-12-201.
700 (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
701 appear separately, in the following order:
702 [
703
704 [
705 (i) president and vice president of the United States;
706 (ii) United States Senate office; and
707 (iii) United States House of Representatives office;
708 [
709 (i) governor and lieutenant governor;
710 (ii) attorney general;
711 (iii) state auditor;
712 (iv) state treasurer;
713 (v) state Senate office;
714 (vi) state House of Representatives office; and
715 (vii) State Board of Education member;
716 [
717 (i) county executive office;
718 (ii) county legislative body member;
719 (iii) county assessor;
720 (iv) county or district attorney;
721 (v) county auditor;
722 (vi) county clerk;
723 (vii) county recorder;
724 (viii) county sheriff;
725 (ix) county surveyor;
726 (x) county treasurer; and
727 (xi) local school board member;
728 [
729 (i) mayor; and
730 (ii) city or town council member;
731 [
732 [
733 [
734 (7) (a) A ticket for a race for a combined office shall appear on the ballot in the place
735 of the earliest ballot ticket position that is reserved for an office that is subsumed in the
736 combined office.
737 (b) Each ticket, other than a ticket described in Subsection (6)[
738 (i) each candidate in accordance with Subsections (1) through (4); and
739 (ii) except as otherwise provided in this title, the party name, initials, or title following
740 each candidate's name.
741 Section 8. Section 20A-9-406 is amended to read:
742 20A-9-406. Qualified political party -- Requirements and exemptions.
743 The following provisions apply to a qualified political party:
744 (1) the qualified political party shall, no later than 5 p.m. on November 30 of each
745 odd-numbered year, certify to the lieutenant governor the identity of one or more registered
746 political parties whose members may vote for the qualified political party's candidates and
747 whether unaffiliated voters may vote for the qualified political party's candidates;
748 (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
749 20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
750 political party;
751 (3) an individual may only seek the nomination of the qualified political party by using
752 a method described in Section 20A-9-407, Section 20A-9-408, or both;
753 (4) the qualified political party shall comply with the provisions of Sections
754 20A-9-407, 20A-9-408, and 20A-9-409;
755 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)[
756 officer shall ensure that a ballot described in Section 20A-6-301 includes each individual
757 nominated by a qualified political party:
758 (a) under the qualified political party's name , if any; or
759 (b) under the title of the qualified registered political party as designated by the
760 qualified political party in the certification described in Subsection (1), or, if none is
761 designated, then under some suitable title;
762 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
763 paper ballots in regular general elections, that each candidate who is nominated by the qualified
764 political party is listed by party;
765 (7) notwithstanding Subsection 20A-6-303(1)(d), each election officer shall ensure that
766 the party designation of each candidate who is nominated by the qualified political party is
767 printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
768 (8) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
769 the party designation of each candidate who is nominated by the qualified political party is
770 displayed adjacent to the candidate's name on an electronic ballot;
771 (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
772 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
773 20A-9-408 to run in a regular general election for a federal office, constitutional office,
774 multicounty office, or county office;
775 (10) an individual who is nominated by, or seeking the nomination of, the qualified
776 political party is not required to comply with Subsection 20A-9-201(1)(c);
777 (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
778 to have each of the qualified political party's candidates for elective office appear on the
779 primary ballot of the qualified political party with an indication that each candidate is a
780 candidate for the qualified political party;
781 (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
782 on the list provided by the lieutenant governor to the county clerks:
783 (a) the names of all candidates of the qualified political party for federal, constitutional,
784 multicounty, and county offices; and
785 (b) the names of unopposed candidates for elective office who have been nominated by
786 the qualified political party and instruct the county clerks to exclude such candidates from the
787 primary-election ballot;
788 (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
789 elective office in the regular primary election of the qualified political party is nominated by
790 the party for that office without appearing on the primary ballot; and
791 (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
792 20A-9-405, the qualified political party is entitled to have the names of its candidates for
793 elective office featured with party affiliation on the ballot at a regular general election.
794 Section 9. Section 63I-2-220 is amended to read:
795 63I-2-220. Repeal dates -- Title 20A.
796 (1) On January 1, 2021:
797 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
798 Subsection (4)," is repealed.
799 (b) Subsection 20A-1-201.5(4) is repealed.
800 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
801 following:
802 "(i) the fourth Tuesday in June; or
803 (ii) the first Tuesday after the first Monday in November.".
804 (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
805 20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
806 20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
807 (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
808 "(b) Unless expressly provided otherwise in this title, for a registered political party
809 that is not a qualified political party, the deadline for filing a declaration of candidacy for an
810 elective office that is to be filled at the next regular general election is 5 p.m. on the first
811 Monday after the third Saturday in April.";
812 (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
813 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
814 the third Saturday in April.".
815 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
816 (3) Section 20A-5-804 is repealed July 1, 2023.
817 (4) On January 1, 2026:
818 (a) In Subsection 20A-1-102(22)(a), the language that states "or Title 20A, Chapter 4,
819 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
820 (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
821 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
822 repealed.
823 (c) In Section 20A-1-304, the language that states "Except for a race conducted by
824 instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
825 Pilot Project," is repealed.
826 (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
827 Subsection (5)," is repealed.
828 (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
829 as provided in Subsections (5) and (6)," is repealed.
830 (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
831 "Subject to Subsection (5)," is repealed.
832 (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
833 20A-3-105 are renumbered accordingly.
834 (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
835 Subsection (2)(f)," is repealed.
836 (i) Subsection 20A-4-101(2)(f) is repealed.
837 (j) Subsection 20A-4-101(3) is repealed and replaced with the following:
838 "(3) To resolve questions that arise during the counting of ballots, a counting judge
839 shall apply the standards and requirements of Section 20A-4-105.".
840 (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
841 Subsection 20A-4-101(2)(f)(i)" is repealed.
842 (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
843 "(b) To resolve questions that arise during the counting of ballots, a counting judge
844 shall apply the standards and requirements of Section 20A-4-105.".
845 (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
846 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
847 under Subsection 20A-4-101(2)(f)(i)" is repealed.
848 (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
849 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
850 repealed.
851 (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
852 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
853 (p) In Subsections 20A-4-105(3), [
854 "Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
855 Methods Pilot Project," is repealed.
856 (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
857 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
858 (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
859 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
860 (s) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
861 "(v) from each voting precinct:
862 (A) the number of votes for each candidate; and
863 (B) the number of votes for and against each ballot proposition;".
864 (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
865 are renumbered accordingly, and the cross-references to those subsections are renumbered
866 accordingly.
867 (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
868 repealed.
869 (v) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
870 subdivision to conduct an election, is repealed.
871 (w) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
872 Subsection (3) are renumbered accordingly.
873 (x) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
874 Subsection (4) are renumbered accordingly.
875 (y) In Section 20A-5-802, relating to the certification of voting equipment:
876 (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
877 Subsection (2); and
878 (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
879 accordingly.
880 (z) Section 20A-6-203.5 is repealed.
881 (aa) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
882 otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
883 Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
884 (bb) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter
885 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
886 (cc) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
887 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
888 (dd) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
889 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
890 (ee) In Subsection 20A-9-404(2), the language that states "Except as otherwise
891 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
892 repealed.
893 (5) Section 20A-7-407 is repealed January 1, 2021.
894 Section 10. Section 67-1a-2 is amended to read:
895 67-1a-2. Duties enumerated.
896 (1) The lieutenant governor shall:
897 (a) perform duties delegated by the governor, including assignments to serve in any of
898 the following capacities:
899 (i) as the head of any one department, if so qualified, with the consent of the Senate,
900 and, upon appointment at the pleasure of the governor and without additional compensation;
901 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
902 law for the purpose of advising the governor or coordinating intergovernmental or
903 interdepartmental policies or programs;
904 (iii) as liaison between the governor and the state Legislature to coordinate and
905 facilitate the governor's programs and budget requests;
906 (iv) as liaison between the governor and other officials of local, state, federal, and
907 international governments or any other political entities to coordinate, facilitate, and protect the
908 interests of the state;
909 (v) as personal advisor to the governor, including advice on policies, programs,
910 administrative and personnel matters, and fiscal or budgetary matters; and
911 (vi) as chairperson or member of any temporary or permanent boards, councils,
912 commissions, committees, task forces, or other group appointed by the governor;
913 (b) serve on all boards and commissions in lieu of the governor, whenever so
914 designated by the governor;
915 (c) serve as the chief election officer of the state as required by Subsection (2);
916 (d) keep custody of the Great Seal of Utah;
917 (e) keep a register of, and attest, the official acts of the governor;
918 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
919 which the official signature of the governor is required; and
920 (g) furnish a certified copy of all or any part of any law, record, or other instrument
921 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
922 it and pays the fee.
923 (2) (a) As the chief election officer, the lieutenant governor shall:
924 (i) exercise general supervisory authority over all elections;
925 (ii) exercise direct authority over the conduct of elections for federal, state, and
926 multicounty officers and statewide or multicounty ballot propositions and any recounts
927 involving those races;
928 (iii) assist county clerks in unifying the election ballot;
929 (iv) (A) prepare election information for the public as required by statute and as
930 determined appropriate by the lieutenant governor; and
931 (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
932 news media on the Internet and in other forms as required by statute or as determined
933 appropriate by the lieutenant governor;
934 (v) receive and answer election questions and maintain an election file on opinions
935 received from the attorney general;
936 (vi) maintain a current list of registered political parties as defined in Section
937 20A-8-101;
938 (vii) maintain election returns and statistics;
939 (viii) certify to the governor the names of those persons who have received the highest
940 number of votes for any office;
941 (ix) ensure that all voting equipment purchased by the state complies with the
942 requirements of [
943 20A-5-803;
944 (x) conduct the study described in Section 67-1a-14;
945 (xi) during a declared emergency, to the extent that the lieutenant governor determines
946 it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
947 relating to:
948 (A) voting on election day;
949 (B) early voting;
950 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
951 (D) the counting of an absentee ballot or military-overseas ballot; or
952 (E) the canvassing of election returns; and
953 (xii) perform other election duties as provided in Title 20A, Election Code.
954 (b) As chief election officer, the lieutenant governor may not assume the
955 responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
956 officials by Title 20A, Election Code.
957 (3) (a) The lieutenant governor shall:
958 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
959 incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
960 municipality's population using the population estimate from the Utah Population Committee;
961 and
962 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
963 based on the municipality's population; and
964 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
965 municipality's legislative body.
966 (b) The lieutenant governor shall:
967 (i) determine the classification under Section 10-2-301 of a consolidated municipality
968 upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
969 Consolidation of Municipalities, using population information from:
970 (A) each official census or census estimate of the United States Bureau of the Census;
971 or
972 (B) the population estimate from the Utah Population Committee, if the population of a
973 municipality is not available from the United States Bureau of the Census; and
974 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
975 belongs based on the municipality's population; and
976 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
977 consolidated municipality's legislative body.
978 (c) The lieutenant governor shall:
979 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
980 metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
981 Townships and Unincorporated Islands in a County of the First Class on and after May 12,
982 2015, based on the metro township's population using the population estimates from the Utah
983 Population Committee; and
984 (ii) prepare a certificate indicating the class in which the new metro township belongs
985 based on the metro township's population and, within 10 days after preparing the certificate,
986 deliver a copy of the certificate to the metro township's legislative body.
987 (d) The lieutenant governor shall monitor the population of each municipality using
988 population information from:
989 (i) each official census or census estimate of the United States Bureau of the Census; or
990 (ii) the population estimate from the Utah Population Committee, if the population of a
991 municipality is not available from the United States Bureau of the Census.
992 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
993 municipality's population has increased beyond the population for its current class, the
994 lieutenant governor shall:
995 (i) prepare a certificate indicating the class in which the municipality belongs based on
996 the increased population figure; and
997 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
998 legislative body of the municipality whose class has changed.
999 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
1000 municipality's population has decreased below the population for its current class, the
1001 lieutenant governor shall send written notification of that fact to the municipality's legislative
1002 body.
1003 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
1004 population has decreased below the population for its current class, the lieutenant governor
1005 shall:
1006 (A) prepare a certificate indicating the class in which the municipality belongs based
1007 on the decreased population figure; and
1008 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1009 legislative body of the municipality whose class has changed.
1010 Section 11. Coordinating H.B. 70 with H.B. 36 -- Substantive and technical
1011 amendments.
1012 If this H.B. 70 and H.B. 36, Election Amendments, both pass and become law, it is the
1013 intent of the Legislature that the Office of Legislative Research and General Counsel shall
1014 prepare the Utah Code database for publication by renumbering and amending Section
1015 20A-3-106 to Section 20A-3a-206, to read:
1016 "[
1017 names -- Effect of unnecessary marking of cross.
1018 [
1019
1020 [
1021 [
1022
1023 [
1024 [
1025
1026 [
1027 [
1028 [
1029 [
1030
1031 [
1032 [
1033 [
1034
1035 [
1036
1037 [
1038 [
1039 [
1040 [
1041
1042 [
1043 [
1044
1045 [
1046
1047
1048
1049 [
1050 manual ballot by writing the name of a valid write-in candidate in the blank write-in section of
1051 the ballot.
1052 (b) A voter may not cast a write-in vote on a [
1053 ballot by affixing a sticker or label with the name of a write-in candidate in the blank write-in
1054 section of the ballot.
1055 [
1056 by:
1057 (a) marking the appropriate position opposite the area for entering a write-in candidate
1058 for the office sought by the candidate for whom the voter wishes to vote; and
1059 (b) entering the name of a valid write-in candidate in the write-in selection area.".