1     
BALLOT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Merrill F. Nelson

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill addresses general election ballot requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies the requirement to include a reference to the Judicial Performance
13     Evaluation Commission's website address on the judicial retention portion of a
14     general election ballot.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-6-301, as last amended by Laws of Utah 2020, Chapters 31, 49, and 344
22          20A-6-304, as last amended by Laws of Utah 2020, Chapter 31
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-6-301 is amended to read:
26          20A-6-301. Manual ballots -- Regular general election.
27          (1) Each election officer shall ensure that:
28          (a) all manual ballots furnished for use at the regular general election contain:
29          (i) no captions or other endorsements except as provided in this section;

30          (ii) no symbols, markings, or other descriptions of a political party or group, except for
31     a registered political party that has chosen to nominate its candidates in accordance with
32     Section 20A-9-403; and
33          (iii) no indication that a candidate for elective office has been nominated by, or has
34     been endorsed by, or is in any way affiliated with a political party or group, unless the
35     candidate has been nominated by a registered political party in accordance with Subsection
36     20A-9-202(4) or Subsection 20A-9-403(5);
37          (b) at the top of the ballot, the following endorsements are printed in 18 point bold type:
38          (i) "Official Ballot for ____ County, Utah";
39          (ii) the date of the election; and
40          (iii) the words "certified by the Clerk of __________ County" or, as applicable, the
41     name of a combined office that includes the duties of a county clerk;
42           (c) unaffiliated candidates, candidates not affiliated with a registered political party,
43     and all other candidates for elective office who were not nominated by a registered political
44     party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are listed with
45     the other candidates for the same office in accordance with Section 20A-6-305, without a party
46     name or title;
47          (d) each ticket containing the lists of candidates, including the party name and device,
48     are separated by heavy parallel lines;
49          (e) the offices to be filled are plainly printed immediately above the names of the
50     candidates for those offices;
51          (f) the names of candidates are printed in capital letters, not less than one-eighth nor
52     more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
53     lines or rules three-eighths of an inch apart; and
54          (g) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
55     which a write-in candidate is qualified under Section 20A-9-601:
56          (i) the ballot includes a space for a write-in candidate immediately following the last
57     candidate listed on that ticket; or

58          (ii) for the offices of president and vice president and governor and lieutenant
59     governor, the ballot includes two spaces for write-in candidates immediately following the last
60     candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
61     candidates.
62          (2) An election officer shall ensure that:
63          (a) each individual nominated by any registered political party under Subsection
64     20A-9-202(4) or Subsection 20A-9-403(5), and no other individual, is placed on the ballot:
65          (i) under the registered political party's name, if any; or
66          (ii) under the title of the registered political party as designated by them in their
67     certificates of nomination or petition, or, if none is designated, then under some suitable title;
68          (b) the names of all unaffiliated candidates that qualify as required in Chapter 9, Part 5,
69     Candidates not Affiliated with a Party, are placed on the ballot;
70          (c) the names of the candidates for president and vice president are used on the ballot
71     instead of the names of the presidential electors; and
72          (d) the ballots contain no other names.
73          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
74     that:
75          (a) the designation of the office to be filled in the election and the number of
76     candidates to be elected are printed in type not smaller than eight point;
77          (b) the words designating the office are printed flush with the left-hand margin;
78          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
79     which the voter may vote)" extend to the extreme right of the column;
80          (d) the nonpartisan candidates are grouped according to the office for which they are
81     candidates;
82          (e) the names in each group are placed in the order specified under Section 20A-6-305
83     with the surnames last; and
84          (f) each group is preceded by the designation of the office for which the candidates
85     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of

86     candidates for which the voter may vote)," according to the number to be elected.
87          (4) Each election officer shall ensure that:
88          (a) proposed amendments to the Utah Constitution are listed on the ballot in
89     accordance with Section 20A-6-107;
90          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
91     with Section 20A-6-107; [and]
92          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
93     title assigned to each bond proposition under Section 11-14-206[.]; and
94          (d) the judicial retention section of the ballot includes a statement at the beginning
95     directing voters to the Judicial Performance Evaluation Commission's website in accordance
96     with Subsection 20A-12-201(4).
97          Section 2. Section 20A-6-304 is amended to read:
98          20A-6-304. Regular general election -- Mechanical ballots.
99          (1) Each election officer shall ensure that:
100          (a) the format and content of a mechanical ballot is arranged in approximately the same
101     order as manual ballots;
102          (b) the titles of offices and the names of candidates are displayed in vertical columns or
103     in a series of separate displays;
104          (c) the mechanical ballot is of sufficient length to include, after the list of candidates:
105          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
106          (ii) any ballot propositions submitted to the voters for their approval or rejection;
107          (d) the office titles are displayed above or at the side of the names of candidates so as
108     to indicate clearly the candidates for each office and the number to be elected;
109          (e) the party designation of each candidate who has been nominated by a registered
110     political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is displayed
111     adjacent to the candidate's name; and
112          (f) if possible, all candidates for one office are grouped in one column or upon one
113     display screen.

114          (2) Each election officer shall ensure that:
115          (a) proposed amendments to the Utah Constitution are displayed in accordance with
116     Section 20A-6-107;
117          (b) ballot propositions submitted to the voters are displayed in accordance with Section
118     20A-6-107; [and]
119          (c) bond propositions that have qualified for the ballot are displayed under the title
120     assigned to each bond proposition under Section 11-14-206[.]; and
121          (d) the judicial retention section of the ballot includes a statement at the beginning
122     directing voters to the Judicial Performance Evaluation Commission's website in accordance
123     with Subsection 20A-12-201(4).