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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 ▸ changes the dates of a special election in an odd-numbered year to coincide with the
13 dates of municipal elections;
14 ▸ modifies requirements relating to the publishing and posting of sample ballots;
15 ▸ modifies the crime of destroying election documents or supplies to include altering
16 documents;
17 ▸ provides for a voter's party affiliation to be changed to unaffiliated if the voter is
18 affiliated with a party that is no longer a registered political party;
19 ▸ modifies the deadline for determining whether a municipality will conduct an
20 election by ranked choice voting to coincide with the deadline for publishing a
21 notice of election;
22 ▸ modifies a conflict of interest reporting requirement; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 11-14-203, as last amended by Laws of Utah 2020, Chapter 31
31 20A-1-102, as last amended by Laws of Utah 2020, Chapters 31, 49, 255, and 354
32 20A-1-204, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
33 20A-1-403, as last amended by Laws of Utah 2020, Chapter 31
34 20A-1-604, as last amended by Laws of Utah 2020, Chapter 31
35 20A-2-107, as last amended by Laws of Utah 2021, Chapter 430
36 20A-4-602, as last amended by Laws of Utah 2021, Chapter 101
37 20A-5-102, as last amended by Laws of Utah 2020, Chapter 31
38 20A-5-405, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
39 20A-5-605, as last amended by Laws of Utah 2020, Chapter 31
40 20A-7-103, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
41 20A-11-1604, as last amended by Laws of Utah 2021, Chapter 20
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 11-14-203 is amended to read:
45 11-14-203. Time for election -- Equipment -- Election officials -- Combining
46 precincts.
47 (1) (a) The local political subdivision shall ensure that bond elections are conducted
48 and administered according to the procedures set forth in this chapter and the sections of the
49 Election Code specifically referenced by this chapter.
50 (b) When a local political subdivision complies with those procedures, there is a
51 presumption that the bond election was properly administered.
52 (2) (a) A bond election may be held, and the proposition for the issuance of bonds may
53 be submitted, on the same date as the regular general election, the municipal general election
54 held in the local political subdivision calling the bond election, or at a special election called
55 for the purpose on a date authorized by Section 20A-1-204.
56 (b) A bond election may not be held, nor a proposition for issuance of bonds be
57 submitted, at the presidential primary election held under Title 20A, Chapter 9, Part 8,
58 Presidential Primary Election.
59 (3) (a) The bond election shall be conducted and administered by the election officer
60 designated in Sections 20A-1-102 and 20A-5-400.5.
61 (b) (i) The duties of the election officer shall be governed by Title 20A, Chapter 5, Part
62 4, Election Officer's Duties.
63 (ii) The publishing requirement under Subsection 20A-5-405(1)[
64 apply when notice of a bond election has been provided according to the requirements of
65 Section 11-14-202.
66 (c) The hours during which the polls are to be open shall be consistent with Section
67 20A-1-302.
68 (d) The appointment and duties of election judges shall be governed by Title 20A,
69 Chapter 5, Part 6, Poll Workers.
70 (e) General voting procedures shall be conducted according to the requirements of Title
71 20A, Chapter 3a, Voting.
72 (f) The designation of election crimes and offenses, and the requirements for the
73 prosecution and adjudication of those crimes and offenses are set forth in Title 20A, Election
74 Code.
75 (4) When a bond election is being held on a day when no other election is being held in
76 the local political subdivision calling the bond election, voting precincts may be combined for
77 purposes of bond elections so long as no voter is required to vote outside the county in which
78 the voter resides.
79 (5) When a bond election is being held on the same day as any other election held in a
80 local political subdivision calling the bond election, or in some part of that local political
81 subdivision, the polling places and election officials serving for the other election may also
82 serve as the polling places and election officials for the bond election, so long as no voter is
83 required to vote outside the county in which the voter resides.
84 Section 2. Section 20A-1-102 is amended to read:
85 20A-1-102. Definitions.
86 As used in this title:
87 (1) "Active voter" means a registered voter who has not been classified as an inactive
88 voter by the county clerk.
89 (2) "Automatic tabulating equipment" means apparatus that automatically examines
90 and counts votes recorded on ballots and tabulates the results.
91 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
92 storage medium, that records an individual voter's vote.
93 (b) "Ballot" does not include a record to tally multiple votes.
94 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
95 on the ballot for their approval or rejection including:
96 (a) an opinion question specifically authorized by the Legislature;
97 (b) a constitutional amendment;
98 (c) an initiative;
99 (d) a referendum;
100 (e) a bond proposition;
101 (f) a judicial retention question;
102 (g) an incorporation of a city or town; or
103 (h) any other ballot question specifically authorized by the Legislature.
104 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
105 together using staples or another means in at least three places across the top of the paper in the
106 blank space reserved for securing the paper.
107 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
108 20A-4-306 to canvass election returns.
109 (7) "Bond election" means an election held for the purpose of approving or rejecting
110 the proposed issuance of bonds by a government entity.
111 (8) "Business reply mail envelope" means an envelope that may be mailed free of
112 charge by the sender.
113 (9) "Canvass" means the review of election returns and the official declaration of
114 election results by the board of canvassers.
115 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
116 the canvass.
117 (11) "Contracting election officer" means an election officer who enters into a contract
118 or interlocal agreement with a provider election officer.
119 (12) "Convention" means the political party convention at which party officers and
120 delegates are selected.
121 (13) "Counting center" means one or more locations selected by the election officer in
122 charge of the election for the automatic counting of ballots.
123 (14) "Counting judge" means a poll worker designated to count the ballots during
124 election day.
125 (15) "Counting room" means a suitable and convenient private place or room for use
126 by the poll workers and counting judges to count ballots.
127 (16) "County officers" means those county officers that are required by law to be
128 elected.
129 (17) "Date of the election" or "election day" or "day of the election":
130 (a) means the day that is specified in the calendar year as the day that the election
131 occurs; and
132 (b) does not include:
133 (i) deadlines established for voting by mail, military-overseas voting, or emergency
134 voting; or
135 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
136 Voting.
137 (18) "Elected official" means:
138 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
139 Municipal Alternate Voting Methods Pilot Project;
140 (b) a person who is considered to be elected to a municipal office in accordance with
141 Subsection 20A-1-206(1)(c)(ii); or
142 (c) a person who is considered to be elected to a local district office in accordance with
143 Subsection 20A-1-206(3)(c)(ii).
144 (19) "Election" means a regular general election, a municipal general election, a
145 statewide special election, a local special election, a regular primary election, a municipal
146 primary election, and a local district election.
147 (20) "Election Assistance Commission" means the commission established by the Help
148 America Vote Act of 2002, Pub. L. No. 107-252.
149 (21) "Election cycle" means the period beginning on the first day persons are eligible to
150 file declarations of candidacy and ending when the canvass is completed.
151 (22) "Election judge" means a poll worker that is assigned to:
152 (a) preside over other poll workers at a polling place;
153 (b) act as the presiding election judge; or
154 (c) serve as a canvassing judge, counting judge, or receiving judge.
155 (23) "Election officer" means:
156 (a) the lieutenant governor, for all statewide ballots and elections;
157 (b) the county clerk for:
158 (i) a county ballot and election; and
159 (ii) a ballot and election as a provider election officer as provided in Section
160 20A-5-400.1 or 20A-5-400.5;
161 (c) the municipal clerk for:
162 (i) a municipal ballot and election; and
163 (ii) a ballot and election as a provider election officer as provided in Section
164 20A-5-400.1 or 20A-5-400.5;
165 (d) the local district clerk or chief executive officer for:
166 (i) a local district ballot and election; and
167 (ii) a ballot and election as a provider election officer as provided in Section
168 20A-5-400.1 or 20A-5-400.5; or
169 (e) the business administrator or superintendent of a school district for:
170 (i) a school district ballot and election; and
171 (ii) a ballot and election as a provider election officer as provided in Section
172 20A-5-400.1 or 20A-5-400.5.
173 (24) "Election official" means any election officer, election judge, or poll worker.
174 (25) "Election results" means:
175 (a) for an election other than a bond election, the count of votes cast in the election and
176 the election returns requested by the board of canvassers; or
177 (b) for bond elections, the count of those votes cast for and against the bond
178 proposition plus any or all of the election returns that the board of canvassers may request.
179 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
180 registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
181 ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
182 the total votes cast form.
183 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
184 or logically associated with a record and executed or adopted by a person with the intent to sign
185 the record.
186 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
187 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
188 (29) "Judicial office" means the office filled by any judicial officer.
189 (30) "Judicial officer" means any justice or judge of a court of record or any county
190 court judge.
191 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
192 Local Government Entities - Local Districts, and includes a special service district under Title
193 17D, Chapter 1, Special Service District Act.
194 (32) "Local district officers" means those local district board members that are required
195 by law to be elected.
196 (33) "Local election" means a regular county election, a regular municipal election, a
197 municipal primary election, a local special election, a local district election, and a bond
198 election.
199 (34) "Local political subdivision" means a county, a municipality, a local district, or a
200 local school district.
201 (35) "Local special election" means a special election called by the governing body of a
202 local political subdivision in which all registered voters of the local political subdivision may
203 vote.
204 (36) "Manual ballot" means a paper document produced by an election officer on
205 which an individual records an individual's vote by directly placing a mark on the paper
206 document using a pen or other marking instrument.
207 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
208 mechanical record, that:
209 (a) is created via electronic or mechanical means; and
210 (b) records an individual voter's vote cast via a method other than an individual directly
211 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
212 (38) "Municipal executive" means:
213 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
214 (b) the mayor in the council-manager form of government defined in Subsection
215 10-3b-103(7); or
216 (c) the chair of a metro township form of government defined in Section 10-3b-102.
217 (39) "Municipal general election" means the election held in municipalities and, as
218 applicable, local districts on the first Tuesday after the first Monday in November of each
219 odd-numbered year for the purposes established in Section 20A-1-202.
220 (40) "Municipal legislative body" means:
221 (a) the council of the city or town in any form of municipal government; or
222 (b) the council of a metro township.
223 (41) "Municipal office" means an elective office in a municipality.
224 (42) "Municipal officers" means those municipal officers that are required by law to be
225 elected.
226 (43) "Municipal primary election" means an election held to nominate candidates for
227 municipal office.
228 (44) "Municipality" means a city, town, or metro township.
229 (45) "Official ballot" means the ballots distributed by the election officer for voters to
230 record their votes.
231 (46) "Official endorsement" means the information on the ballot that identifies:
232 (a) the ballot as an official ballot;
233 (b) the date of the election; and
234 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
235 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
236 (ii) for a ballot prepared by a county clerk, the words required by Subsection
237 20A-6-301(1)(b)(iii).
238 (47) "Official register" means the official record furnished to election officials by the
239 election officer that contains the information required by Section 20A-5-401.
240 (48) "Political party" means an organization of registered voters that has qualified to
241 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
242 and Procedures.
243 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
244 election, voting, or counting votes.
245 (b) "Poll worker" includes election judges.
246 (c) "Poll worker" does not include a watcher.
247 (50) "Pollbook" means a record of the names of voters in the order that they appear to
248 cast votes.
249 (51) "Polling place" means a building where voting is conducted.
250 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
251 in which the voter marks the voter's choice.
252 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
253 8, Presidential Primary Election.
254 (54) "Primary convention" means the political party conventions held during the year
255 of the regular general election.
256 (55) "Protective counter" means a separate counter, which cannot be reset, that:
257 (a) is built into a voting machine; and
258 (b) records the total number of movements of the operating lever.
259 (56) "Provider election officer" means an election officer who enters into a contract or
260 interlocal agreement with a contracting election officer to conduct an election for the
261 contracting election officer's local political subdivision in accordance with Section
262 20A-5-400.1.
263 (57) "Provisional ballot" means a ballot voted provisionally by a person:
264 (a) whose name is not listed on the official register at the polling place;
265 (b) whose legal right to vote is challenged as provided in this title; or
266 (c) whose identity was not sufficiently established by a poll worker.
267 (58) "Provisional ballot envelope" means an envelope printed in the form required by
268 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
269 verify a person's legal right to vote.
270 (59) (a) "Public figure" means an individual who, due to the individual being
271 considered for, holding, or having held a position of prominence in a public or private capacity,
272 or due to the individual's celebrity status, has an increased risk to the individual's safety.
273 (b) "Public figure" does not include an individual:
274 (i) elected to public office; or
275 (ii) appointed to fill a vacancy in an elected public office.
276 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
277 duties of the position for which the individual was elected.
278 (61) "Receiving judge" means the poll worker that checks the voter's name in the
279 official register at a polling location and provides the voter with a ballot.
280 (62) "Registration form" means a form by which an individual may register to vote
281 under this title.
282 (63) "Regular ballot" means a ballot that is not a provisional ballot.
283 (64) "Regular general election" means the election held throughout the state on the first
284 Tuesday after the first Monday in November of each even-numbered year for the purposes
285 established in Section 20A-1-201.
286 (65) "Regular primary election" means the election, held on the date specified in
287 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
288 local school board positions to advance to the regular general election.
289 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
290 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
291 provided to a voter with a manual ballot:
292 (a) into which the voter places the manual ballot after the voter has voted the manual
293 ballot in order to preserve the secrecy of the voter's vote; and
294 (b) that includes the voter affidavit and a place for the voter's signature.
295 (68) "Sample ballot" means a mock ballot similar in form to the official ballot [
296
297 (69) "Special election" means an election held as authorized by Section 20A-1-203.
298 (70) "Spoiled ballot" means each ballot that:
299 (a) is spoiled by the voter;
300 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
301 (c) lacks the official endorsement.
302 (71) "Statewide special election" means a special election called by the governor or the
303 Legislature in which all registered voters in Utah may vote.
304 (72) "Tabulation system" means a device or system designed for the sole purpose of
305 tabulating votes cast by voters at an election.
306 (73) "Ticket" means a list of:
307 (a) political parties;
308 (b) candidates for an office; or
309 (c) ballot propositions.
310 (74) "Transfer case" means the sealed box used to transport voted ballots to the
311 counting center.
312 (75) "Vacancy" means the absence of a person to serve in any position created by
313 statute, whether that absence occurs because of death, disability, disqualification, resignation,
314 or other cause.
315 (76) "Valid voter identification" means:
316 (a) a form of identification that bears the name and photograph of the voter which may
317 include:
318 (i) a currently valid Utah driver license;
319 (ii) a currently valid identification card that is issued by:
320 (A) the state; or
321 (B) a branch, department, or agency of the United States;
322 (iii) a currently valid Utah permit to carry a concealed weapon;
323 (iv) a currently valid United States passport; or
324 (v) a currently valid United States military identification card;
325 (b) one of the following identification cards, whether or not the card includes a
326 photograph of the voter:
327 (i) a valid tribal identification card;
328 (ii) a Bureau of Indian Affairs card; or
329 (iii) a tribal treaty card; or
330 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
331 the name of the voter and provide evidence that the voter resides in the voting precinct, which
332 may include:
333 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
334 election;
335 (ii) a bank or other financial account statement, or a legible copy thereof;
336 (iii) a certified birth certificate;
337 (iv) a valid social security card;
338 (v) a check issued by the state or the federal government or a legible copy thereof;
339 (vi) a paycheck from the voter's employer, or a legible copy thereof;
340 (vii) a currently valid Utah hunting or fishing license;
341 (viii) certified naturalization documentation;
342 (ix) a currently valid license issued by an authorized agency of the United States;
343 (x) a certified copy of court records showing the voter's adoption or name change;
344 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
345 (xii) a currently valid identification card issued by:
346 (A) a local government within the state;
347 (B) an employer for an employee; or
348 (C) a college, university, technical school, or professional school located within the
349 state; or
350 (xiii) a current Utah vehicle registration.
351 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
352 candidate by following the procedures and requirements of this title.
353 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
354 (a) mailing the ballot to the location designated in the mailing; or
355 (b) depositing the ballot in a ballot drop box designated by the election officer.
356 (79) "Voter" means an individual who:
357 (a) meets the requirements for voting in an election;
358 (b) meets the requirements of election registration;
359 (c) is registered to vote; and
360 (d) is listed in the official register book.
361 (80) "Voter registration deadline" means the registration deadline provided in Section
362 20A-2-102.5.
363 (81) "Voting area" means the area within six feet of the voting booths, voting
364 machines, and ballot box.
365 (82) "Voting booth" means:
366 (a) the space or compartment within a polling place that is provided for the preparation
367 of ballots, including the voting enclosure or curtain; or
368 (b) a voting device that is free standing.
369 (83) "Voting device" means any device provided by an election officer for a voter to
370 vote a mechanical ballot.
371 (84) "Voting precinct" means the smallest geographical voting unit, established under
372 Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
373 (85) "Watcher" means an individual who complies with the requirements described in
374 Section 20A-3a-801 to become a watcher for an election.
375 (86) "Write-in ballot" means a ballot containing any write-in votes.
376 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
377 the ballot, in accordance with the procedures established in this title.
378 Section 3. Section 20A-1-204 is amended to read:
379 20A-1-204. Date of special election -- Legal effect.
380 (1) (a) Except as provided by Subsection (1)(d), the governor, Legislature, or the
381 legislative body of a local political subdivision calling a statewide special election or local
382 special election under Section 20A-1-203 shall schedule the special election to be held on:
383 (i) in an even-numbered year:
384 (A) the fourth Tuesday in June; or
385 [
386 (ii) in an odd-numbered year:
387 (A) the second Tuesday after the first Monday in August; or
388 (B) the first Tuesday after the first Monday in November.
389 (b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
390 body of a local political subdivision calling a statewide special election or local special election
391 under Section 20A-1-203 may not schedule a special election to be held on any other date.
392 (c) (i) Notwithstanding the requirements of Subsection (1)(b) or (1)(d), the legislative
393 body of a local political subdivision may call a local special election on a date other than those
394 specified in this section if the legislative body:
395 (A) determines and declares that there is a disaster, as defined in Section 53-2a-102,
396 requiring that a special election be held on a date other than the ones authorized in statute;
397 (B) identifies specifically the nature of the disaster, as defined in Section 53-2a-102,
398 and the reasons for holding the special election on that other date; and
399 (C) votes unanimously to hold the special election on that other date.
400 (ii) The legislative body of a local political subdivision may not hold a local special
401 election on the same date as the presidential primary election conducted under Chapter 9, Part
402 8, Presidential Primary Election.
403 (d) The legislative body of a local political subdivision may only call a special election
404 for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after
405 the first Monday in November.
406 (e) Nothing in this section prohibits:
407 (i) the governor or Legislature from submitting a matter to the voters at the regular
408 general election if authorized by law; or
409 (ii) a local government from submitting a matter to the voters at the regular municipal
410 election if authorized by law.
411 (2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold a
412 special election within a county on the same day as:
413 (i) another special election;
414 (ii) a regular general election; or
415 (iii) a municipal general election.
416 (b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
417 (i) polling places;
418 (ii) ballots;
419 (iii) election officials; and
420 (iv) other administrative and procedural matters connected with the election.
421 Section 4. Section 20A-1-403 is amended to read:
422 20A-1-403. Errors or omissions in ballots.
423 (1) The election officer shall, without delay, correct any errors in ballots that the
424 election officer discovers, or that are brought to the election officer's attention, if those errors
425 can be corrected without interfering with the timely distribution of the ballots.
426 (2) (a) (i) If an error or omission has occurred in the publication of the names or
427 description of the candidates nominated for office, in the publication of sample ballots, or in
428 the printing of [
429 without paying any fee, a petition for ballot correction with the district court.
430 (ii) If a petition is filed, the petitioner shall serve a copy of the petition on the
431 respondents on the same day that the petition is filed with the court.
432 (b) The petition shall contain:
433 (i) an affidavit signed by the candidate or the candidate's agent identifying the error or
434 omission; and
435 (ii) a request that the court issue an order to the election officer responsible for the
436 ballot error or omission to correct the ballot error or omission.
437 (3) (a) After reviewing the petition, the court shall:
438 (i) issue an order commanding the respondent named in the petition to appear before
439 the court to answer, under oath, under penalty of perjury, to the petition;
440 (ii) summarily hear and dispose of any issues raised by the petition to obtain substantial
441 compliance with the provisions of this title by the parties to the controversy; and
442 (iii) enter appropriate orders.
443 (b) The court may assess costs, including reasonable attorney fees, against either party.
444 Section 5. Section 20A-1-604 is amended to read:
445 20A-1-604. Destroying or altering voter instructions, sample ballots, or election
446 paraphernalia -- Penalties.
447 (1) A person may not, without lawful authority granted by an election officer:
448 (a) willfully alter, deface, or destroy any list of candidates posted in accordance with
449 the provisions of this title;
450 (b) willfully alter, deface, tear down, remove or destroy any voter instructions or
451 sample ballot, printed or posted for the instruction of voters during an election;
452 (c) willfully alter, remove, or destroy any of the supplies or conveniences furnished to
453 enable a voter to prepare the voter's ballot during an election; or
454 (d) willfully hinder the voting of others.
455 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
456 person who commits an offense under Subsection (1) is guilty of an infraction.
457 Section 6. Section 20A-2-107 is amended to read:
458 20A-2-107. Designating or changing party affiliation -- Times permitted.
459 (1) The county clerk shall:
460 (a) except as provided in Subsection (3) or 20A-2-107.5(1)(c), record the party
461 affiliation designated by the voter on the voter registration form as the voter's party affiliation;
462 or
463 (b) if no political party affiliation is designated by the voter on the voter registration
464 form:
465 (i) except as provided in Subsection (1)(b)(ii), record the voter's party affiliation as the
466 party that the voter designated the last time that the voter designated a party on a voter
467 registration form, unless the voter more recently registered as "unaffiliated"; or
468 (ii) record the voter's party affiliation as "unaffiliated" if the voter:
469 (A) did not previously designate a party;
470 (B) most recently designated the voter's party affiliation as "unaffiliated"; or
471 (C) did not previously register.
472 (2) (a) Any registered voter may designate or change the voter's political party
473 affiliation by complying with the procedures and requirements of this Subsection (2).
474 (b) A registered voter may designate or change the voter's political party affiliation by
475 filing a signed form with the county clerk that identifies the registered political party with
476 which the voter chooses to affiliate.
477 (c) Except as provided in Subsection (2)(d), a signed form designating or changing a
478 voter's political party affiliation takes effect when the county clerk receives the signed form.
479 (d) In an even-numbered year, a form described in Subsection (2)(c) received by the
480 county clerk after March 31 takes effect on the day after that year's regular primary election if
481 the form changes a registered voter's affiliation with one political party to affiliate with another
482 political party.
483 (e) Any part of a form described in Subsection (2)(d), other than the voter's designation
484 or change of political party affiliation, takes effect when the county clerk receives the signed
485 form.
486 (f) For purposes of Subsection (2)(d), a signed form described in Subsection (2)(c) is
487 received by the county clerk on or before March 31 if:
488 (i) the individual submits the form in person at the county clerk's office no later than 5
489 p.m. on the last business day before April 1;
490 (ii) the individual submits the form electronically through the system described in
491 Section 20A-2-206, at or before 11:59 p.m. on March 31; or
492 (iii) the individual's form is clearly postmarked on or before March 31.
493 (g) Subsection (2)(d) does not apply to the party affiliation designated by a voter on the
494 voter registration form if:
495 (i) the voter has not previously been registered to vote in the state[
496 (ii) the voter's most recent party affiliation was changed to "unaffiliated" by a county
497 clerk under Subsection (3).
498 (3) If the most recent party affiliation designated by a voter is for a political party that
499 is no longer a registered political party, the county clerk shall:
500 (a) change the voter's party affiliation to "unaffiliated"; and
501 (b) notify the voter electronically or by mail:
502 (i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
503 party affiliation designated by the voter is for a political party that is no longer a registered
504 political party; and
505 (ii) of the methods and deadlines for changing the voter's party affiliation.
506 Section 7. Section 20A-4-602 is amended to read:
507 20A-4-602. Municipal Alternate Voting Methods Pilot Project -- Creation --
508 Participation.
509 (1) There is created the Municipal Alternate Voting Methods Pilot Project.
510 (2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
511 (3) (a) A municipality may participate in the pilot project, in accordance with the
512 requirements of this section and all other applicable provisions of law, during any
513 odd-numbered year that the pilot project is in effect, if, before [
514 of the odd-numbered year, the legislative body of the municipality:
515 (i) votes to participate; and
516 (ii) provides written notice to the lieutenant governor and the county clerk stating that
517 the municipality intends to participate in the pilot project for the year specified in the notice.
518 (b) The legislative body of a municipality that provides the notice of intent described in
519 Subsection (3)(a) may withdraw the notice of intent, and not participate in the pilot project, if
520 the legislative body of the municipality provides written notice of withdrawal to the lieutenant
521 governor and the county clerk before [
522 (4) The lieutenant governor shall maintain, in a prominent place on the lieutenant
523 governor's website, a current list of the municipalities that are participating in the pilot project.
524 (5) (a) An election officer of a participating municipality shall, in accordance with the
525 provisions of this part, conduct a multi-candidate race during the municipal general election
526 using instant runoff voting.
527 (b) Except as provided in Subsection 20A-4-603(9), an election officer of a
528 participating municipality that will conduct a multi-candidate race under Subsection (5)(a) may
529 not conduct a municipal primary election relating to that race.
530 (c) A municipality that has in effect an ordinance described in Subsection
531 20A-9-404(3) or (4) may not participate in the pilot project.
532 (6) Except for an election described in Subsection 20A-4-603(9), an individual who
533 files a declaration of candidacy or a nomination petition, for a candidate who will run in an
534 election described in this part, shall file the declaration of candidacy or nomination petition
535 during the office hours described in Section 10-3-301 and not later than the close of those
536 office hours, no sooner than the second Tuesday in August and no later than the third Tuesday
537 in August of an odd-numbered year.
538 Section 8. Section 20A-5-102 is amended to read:
539 20A-5-102. Voting instructions.
540 (1) Each election officer shall:
541 (a) print instructions for voters;
542 (b) ensure that the instructions are printed in English, and any other language required
543 under the Voting Rights Act of 1965, as amended, in large clear type; and
544 (c) ensure that the instructions inform voters:
545 (i) about how to obtain ballots for voting;
546 (ii) about special political party affiliation requirements for voting in a regular primary
547 election or presidential primary election;
548 (iii) about how to prepare ballots for deposit in the ballot box;
549 (iv) about how to record write-in votes;
550 (v) about how to obtain a new ballot in the place of one spoiled by accident or mistake;
551 (vi) about how to obtain assistance in marking ballots;
552 (vii) about obtaining a new ballot if the voter's ballot is defaced;
553 (viii) that identification marks or the spoiling or defacing of a ballot will make it
554 invalid;
555 (ix) about how to obtain and vote a provisional ballot;
556 (x) about whom to contact to report election fraud;
557 (xi) about applicable federal and state laws regarding:
558 (A) voting rights and the appropriate official to contact if the voter alleges [
559 voter's rights have been violated; and
560 (B) prohibitions on acts of fraud and misrepresentation;
561 (xii) about procedures governing mail-in registrants and first-time voters; and
562 (xiii) about the date of the election and the hours that the polls are open on election
563 day.
564 (2) Each election officer shall:
565 (a) provide the election judges of each voting precinct with sufficient instruction cards
566 to instruct voters in the preparation of [
567 (b) direct the election judges to post:
568 (i) general voting instructions in each voting booth; [
569 (ii) at least three instruction cards at other locations in the polling place; and
570 (iii) at least one sample ballot [
571 Section 9. Section 20A-5-405 is amended to read:
572 20A-5-405. Election officer to provide ballots.
573 (1) An election officer shall:
574 (a) provide ballots for every election of public officers in which the voters, or any of
575 the voters, within the election officer's jurisdiction participate;
576 (b) cause the name of every candidate whose nomination has been certified to or filed
577 with the election officer in the manner provided by law to be included on each ballot;
578 (c) cause any ballot proposition that has qualified for the ballot as provided by law to
579 be included on each ballot;
580 (d) ensure that the ballots are prepared and in the possession of the election officer
581 before commencement of voting;
582 (e) allow candidates and their agents and the sponsors of ballot propositions that have
583 qualified for the official ballot to inspect the ballots;
584 (f) [
585
586 the same information as official ballots [
587
588 [
589
590 [
591 (i) posting a copy of the sample ballot in the election officer's office [
592
593 (ii) [
594 (A) each candidate listed on the ballot; and
595 (B) the lieutenant governor;
596 [
597 (iii) (A) [
598 sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
599 jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
600 the jurisdiction, subject to a maximum of 10 notices; or
601 (B) [
602 ballot to each registered voter who resides in the jurisdiction holding the election;
603 (iv) posting a copy of the sample ballot on the Utah Public Notice Website, created in
604 Section 63A-16-601[
605 (v) if the jurisdiction has a website, posting a copy of the sample ballot on the
606 jurisdiction's website [
607 [
608 each polling place and direct [
609 required by Section 20A-5-102; and
610 [
611 enough ballots, sample ballots, and instructions to meet the voting demands of the qualified
612 voters in each voting precinct.
613 (2) Instead of posting the entire sample ballot under Subsection [
614 (1)(f)(iii)(A), the election officer may post a statement that:
615 (a) is entitled, "sample ballot";
616 (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
617 upcoming [indicate type and date of election] may be obtained from the following sources:";
618 and
619 (c) specifies the following sources where an individual may view or obtain a copy of
620 the sample ballot:
621 (i) if the jurisdiction has a website, the jurisdiction's website;
622 (ii) the physical address of the jurisdiction's offices; and
623 (iii) a mailing address and telephone number.
624 (3) (a) Each election officer shall, without delay, correct any error discovered in any
625 ballot, if the correction can be made without interfering with the timely distribution of the
626 ballots.
627 (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
628 not possible to correct the error or omission, the election officer shall direct the poll workers to
629 make the necessary corrections on the manual ballots before the ballots are distributed.
630 (ii) If the election officer discovers an error or omission in an electronic ballot and it is
631 not possible to correct the error or omission by revising the electronic ballot, the election
632 officer shall direct the poll workers to post notice of each error or omission with instructions on
633 how to correct each error or omission in a prominent position at each polling booth.
634 [
635 ballot, a candidate or a candidate's agent may file a verified petition with the district court
636 asserting that:
637 [
638 [
639 [
640 [
641 ballots; and
642 [
643 error or omission.
644 [
645 ballot or an order to show cause why the error should not be corrected if it appears to the court
646 that the error or omission has occurred and the election officer has failed to correct or provide
647 for the correction of the error or omission.
648 [
649 Utah Supreme Court within five days after the day on which the district court enters the
650 decision.
651 Section 10. Section 20A-5-605 is amended to read:
652 20A-5-605. Duties of poll workers.
653 (1) Poll workers shall:
654 (a) arrive at the polling place at a time determined by the election officer; and
655 (b) remain until the official election returns are prepared for delivery.
656 (2) The election officer may designate the title and duties of each poll worker.
657 (3) Upon arriving to open the polls, the poll workers shall:
658 (a) display the United States flag;
659 (b) examine the voting devices to see that they are in proper working order and that
660 security devices have not been tampered with;
661 (c) place the voting devices, voting booths, and the ballot box in plain view of those
662 poll workers and watchers that are present;
663 (d) check the ballots, supplies, records, and forms;
664 (e) if directed by the election officer:
665 (i) make any necessary corrections to the official ballots before the ballots are
666 distributed at the polls; [
667 (ii) post any necessary notice of errors in ballots before voting commences; and
668 (iii) post [
669 amendments, if any;
670 (f) open the ballot box in the presence of those assembled, turn the ballot box upside
671 down to empty the ballot box of anything; and
672 (g) immediately before the polls open, lock the ballot box or, if locks and keys are not
673 available, tape the ballot box securely.
674 (4) (a) If any poll worker fails to appear on the morning of the election, or fails or
675 refuses to act:
676 (i) at least six qualified electors who are present at the polling place at the hour
677 designated by law for the opening of the polls shall fill the vacancy by appointing another
678 qualified individual from the voting precinct who is a member of the same political party as the
679 poll worker who is being replaced to act as a poll worker; or
680 (ii) the election officer shall appoint a qualified individual to act as a poll worker.
681 (b) If a majority of the poll workers are present, the poll workers shall open the polls,
682 even though a poll worker has not arrived.
683 (5) (a) If it is impossible or inconvenient to hold an election at the polling place
684 designated, the poll workers, after having assembled at or as near as practicable to the
685 designated place, and before receiving any vote, may move to the nearest convenient place for
686 holding the election.
687 (b) If the poll workers move to a new polling place, the poll workers shall display a
688 proclamation of the change and station a peace officer or some other proper individual at the
689 original polling place to notify voters of the location of the new polling place.
690 (6) If, for any reason, the official ballots are not ready for distribution at a polling place
691 or, if the supply of ballots is exhausted before the polls are closed, the poll workers may use
692 unofficial ballots, made as nearly as possible in the form of the official ballot, until the election
693 officer provides additional ballots.
694 (7) When it is time to open the polls, one of the poll workers shall announce that the
695 polls are open as required by Section 20A-1-302, or in the case of early voting, Section
696 20A-3a-602.
697 (8) (a) The poll workers shall comply with the voting procedures and requirements of
698 Chapter 3a, Voting, in allowing people to vote.
699 (b) The poll workers may not allow an individual, other than election officials and
700 those admitted to vote, within six feet of voting devices, voting booths, or the ballot box.
701 (c) Besides the poll workers and watchers, the poll workers may not allow more than
702 four voters in excess of the number of voting booths provided within six feet of voting devices,
703 voting booths, or the ballot box.
704 (d) If necessary, the poll workers shall instruct each voter permitted to use a voting
705 device how to operate the voting device before the voter enters the voting booth.
706 (e) (i) If the voter requests additional instructions after entering the voting booth, two
707 poll workers may, if necessary, enter the booth and give the voter additional instructions.
708 (ii) In regular general elections and regular primary elections, the two poll workers who
709 enter the voting booth to assist the voter shall be of different political parties.
710 Section 11. Section 20A-7-103 is amended to read:
711 20A-7-103. Constitutional amendments and other questions submitted by the
712 Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
713 (1) The procedures contained in this section govern when the Legislature submits a
714 proposed constitutional amendment or other question to the voters.
715 (2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
716 date of the election, publish the full text of the amendment, question, or statute in at least one
717 newspaper in every county of the state where a newspaper is published.
718 (3) The legislative general counsel shall:
719 (a) entitle each proposed constitutional amendment "Constitutional Amendment __"
720 and assign it a letter according to the requirements of Section 20A-6-107;
721 (b) entitle each proposed question "Proposition Number __" with the number assigned
722 to the proposition under Section 20A-6-107 placed in the blank;
723 (c) draft and designate a ballot title for each proposed amendment or question
724 submitted by the Legislature that summarizes the subject matter of the amendment or question;
725 and
726 (d) deliver each number and title to the lieutenant governor.
727 (4) The lieutenant governor shall certify the number and ballot title of each amendment
728 or question to the county clerk of each county no later than 65 days before the date of the
729 election.
730 (5) The county clerk of each county shall:
731 (a) ensure that both the number and title of each amendment and question is [
732
733 (b) publish [
734 Section 12. Section 20A-11-1604 is amended to read:
735 20A-11-1604. Failure to disclose conflict of interest -- Failure to comply with
736 reporting requirements.
737 (1) (a) Before or during the execution of any order, settlement, declaration, contract, or
738 any other official act of office in which a state constitutional officer has actual knowledge that
739 the state constitutional officer has a conflict of interest that is not stated in the conflict of
740 interest disclosure, the state constitutional officer shall publicly declare that the state
741 constitutional officer may have a conflict of interest and what that conflict of interest is.
742 (b) Before or during any vote on legislation or any legislative matter in which a
743 legislator has actual knowledge that the legislator has a conflict of interest that is not stated in
744 the conflict of interest disclosure, the legislator shall orally declare to the committee or body
745 before which the matter is pending that the legislator may have a conflict of interest and what
746 that conflict is.
747 (c) Before or during any vote on any rule, resolution, order, or any other board matter
748 in which a member of the State Board of Education has actual knowledge that the member has
749 a conflict of interest that is not stated in the conflict of interest disclosure, the member shall
750 orally declare to the board that the member may have a conflict of interest and what that
751 conflict of interest is.
752 (2) Any public declaration of a conflict of interest that is made under Subsection (1)
753 shall be noted:
754 (a) on the official record of the action taken, for a state constitutional officer;
755 (b) in the minutes of the committee meeting or in the Senate or House Journal, as
756 applicable, for a legislator; or
757 (c) in the minutes of the meeting or on the official record of the action taken, for a
758 member of the State Board of Education.
759 (3) A state constitutional officer shall make a complete conflict of interest disclosure
760 on the website:
761 (a) (i) no sooner than January 1 each year, and before January 11 each year; or
762 (ii) if the state constitutional officer takes office after January 10, within 10 days after
763 the day on which the state constitutional officer takes office; and
764 (b) each time the state constitutional officer changes employment.
765 (4) A legislator shall make a complete conflict of interest disclosure on the website:
766 (a) (i) no sooner than January 1 each year, and before January 11 each year; or
767 (ii) if the legislator takes office after January 10, within 10 days after the day on which
768 the legislator takes office; and
769 (b) each time the legislator changes employment.
770 (5) A member of the State Board of Education shall make a complete conflict of
771 interest disclosure on the website:
772 (a) (i) no sooner than January 1 each year, and before January 11 each year; or
773 (ii) if the member takes office after January 10, within 10 days after the day on which
774 the member takes office; and
775 (b) each time the member changes employment.
776 (6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall
777 include:
778 (a) the regulated officeholder's name;
779 (b) the name and address of each of the regulated officeholder's current employers and
780 each of the regulated officeholder's employers during the preceding year;
781 (c) for each employer described in Subsection (6)(b), a brief description of the
782 employment, including the regulated officeholder's occupation and, as applicable, job title;
783 (d) for each entity in which the regulated officeholder is an owner or officer, or was an
784 owner or officer during the preceding year:
785 (i) the name of the entity;
786 (ii) a brief description of the type of business or activity conducted by the entity; and
787 (iii) the regulated officeholder's position in the entity;
788 (e) in accordance with Subsection (7), for each individual from whom, or entity from
789 which, the regulated officeholder has received $5,000 or more in income during the preceding
790 year:
791 (i) the name of the individual or entity; and
792 (ii) a brief description of the type of business or activity conducted by the individual or
793 entity;
794 (f) for each entity in which the regulated officeholder holds any stocks or bonds having
795 a fair market value of $5,000 or more as of the date of the disclosure form or during the
796 preceding year, but excluding funds that are managed by a third party, including blind trusts,
797 managed investment accounts, and mutual funds:
798 (i) the name of the entity; and
799 (ii) a brief description of the type of business or activity conducted by the entity;
800 (g) for each entity not listed in Subsections (6)(d) through (f) in which the regulated
801 officeholder currently serves, or served in the preceding year, [
802
803 directors:
804 (i) the name of the entity or organization;
805 (ii) a brief description of the type of business or activity conducted by the entity; and
806 (iii) the type of [
807 (h) at the option of the regulated officeholder, a description of any real property in
808 which the regulated officeholder holds an ownership or other financial interest that the
809 regulated officeholder believes may constitute a conflict of interest, including a description of
810 the type of interest held by the regulated officeholder in the property;
811 (i) the name of the regulated officeholder's spouse and any other adult residing in the
812 regulated officeholder's household who is not related by blood or marriage, as applicable;
813 (j) for the regulated officeholder's spouse, the information that a regulated officeholder
814 is required to provide under Subsection (6)(b);
815 (k) a brief description of the employment and occupation of each adult who:
816 (i) resides in the regulated officeholder's household; and
817 (ii) is not related to the regulated officeholder by blood or marriage;
818 (l) at the option of the regulated officeholder, a description of any other matter or
819 interest that the regulated officeholder believes may constitute a conflict of interest;
820 (m) the date the form was completed;
821 (n) a statement that the regulated officeholder believes that the form is true and
822 accurate to the best of the regulated officeholder's knowledge; and
823 (o) the signature of the regulated officeholder.
824 (7) In making the disclosure described in Subsection (6)(e), a regulated officeholder
825 who provides goods or services to multiple customers or clients as part of a business or a
826 licensed profession is only required to provide the information described in Subsection (6)(e) in
827 relation to the entity or practice through which the regulated officeholder provides the goods or
828 services and is not required to provide the information described in Subsection (6)(e) in
829 relation to the regulated officeholder's individual customers or clients.
830 (8) The disclosure requirements described in this section do not prohibit a regulated
831 officeholder from voting or acting on any matter.
832 (9) A regulated officeholder may amend a conflict of interest disclosure described in
833 this part at any time.
834 (10) A regulated officeholder who violates the requirements of Subsection (1) is guilty
835 of a class B misdemeanor.
836 (11) (a) A regulated officeholder who intentionally or knowingly violates a provision
837 of this section, other than Subsection (1), is guilty of a class B misdemeanor.
838 (b) In addition to the criminal penalty described in Subsection (11)(a), the lieutenant
839 governor shall impose a civil penalty of $100 against a regulated officeholder who violates a
840 provision of this section, other than Subsection (1).