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7 LONG TITLE
8 General Description:
9 This bill repeals the Municipal Alternate Voting Methods Pilot Project.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals the Municipal Alternate Voting Methods Pilot Project; and
13 ▸ makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
21 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
22 20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
23 20A-3a-204, as last amended by Laws of Utah 2022, Chapter 156
24 20A-4-101, as last amended by Laws of Utah 2022, Chapter 342
25 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
26 20A-4-105, as last amended by Laws of Utah 2022, Chapter 380
27 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
28 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
29 20A-4-401, as last amended by Laws of Utah 2020, Chapter 31
30 20A-5-400.1, as last amended by Laws of Utah 2021, Chapter 101
31 20A-5-802, as last amended by Laws of Utah 2019, Chapter 305
32 20A-6-402, as last amended by Laws of Utah 2020, Chapter 31
33 20A-9-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
34 20A-9-404, as last amended by Laws of Utah 2019, Chapters 142, 255 and last
35 amended by Coordination Clause, Laws of Utah 2019, Chapter 142
36 63I-2-220, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
37 REPEALS:
38 20A-4-601, as last amended by Laws of Utah 2022, Chapter 342
39 20A-4-602, as last amended by Laws of Utah 2022, Chapter 170
40 20A-4-603, as last amended by Laws of Utah 2022, Chapter 342
41 20A-4-604, as last amended by Laws of Utah 2022, Chapter 342
42 20A-6-203.5, as enacted by Laws of Utah 2018, Chapter 187
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-1-102 is amended to read:
46 20A-1-102. Definitions.
47 As used in this title:
48 (1) "Active voter" means a registered voter who has not been classified as an inactive
49 voter by the county clerk.
50 (2) "Automatic tabulating equipment" means apparatus that automatically examines
51 and counts votes recorded on ballots and tabulates the results.
52 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
53 storage medium, that records an individual voter's vote.
54 (b) "Ballot" does not include a record to tally multiple votes.
55 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
56 on the ballot for their approval or rejection including:
57 (a) an opinion question specifically authorized by the Legislature;
58 (b) a constitutional amendment;
59 (c) an initiative;
60 (d) a referendum;
61 (e) a bond proposition;
62 (f) a judicial retention question;
63 (g) an incorporation of a city or town; or
64 (h) any other ballot question specifically authorized by the Legislature.
65 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
66 together using staples or another means in at least three places across the top of the paper in the
67 blank space reserved for securing the paper.
68 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
69 20A-4-306 to canvass election returns.
70 (7) "Bond election" means an election held for the purpose of approving or rejecting
71 the proposed issuance of bonds by a government entity.
72 (8) "Business reply mail envelope" means an envelope that may be mailed free of
73 charge by the sender.
74 (9) "Canvass" means the review of election returns and the official declaration of
75 election results by the board of canvassers.
76 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
77 the canvass.
78 (11) "Contracting election officer" means an election officer who enters into a contract
79 or interlocal agreement with a provider election officer.
80 (12) "Convention" means the political party convention at which party officers and
81 delegates are selected.
82 (13) "Counting center" means one or more locations selected by the election officer in
83 charge of the election for the automatic counting of ballots.
84 (14) "Counting judge" means a poll worker designated to count the ballots during
85 election day.
86 (15) "Counting room" means a suitable and convenient private place or room for use
87 by the poll workers and counting judges to count ballots.
88 (16) "County officers" means those county officers that are required by law to be
89 elected.
90 (17) "Date of the election" or "election day" or "day of the election":
91 (a) means the day that is specified in the calendar year as the day that the election
92 occurs; and
93 (b) does not include:
94 (i) deadlines established for voting by mail, military-overseas voting, or emergency
95 voting; or
96 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
97 Voting.
98 (18) "Elected official" means:
99 (a) a person elected to an office under Section 20A-1-303 [
100
101 (b) a person who is considered to be elected to a municipal office in accordance with
102 Subsection 20A-1-206(1)(c)(ii); or
103 (c) a person who is considered to be elected to a local district office in accordance with
104 Subsection 20A-1-206(3)(b)(ii).
105 (19) "Election" means a regular general election, a municipal general election, a
106 statewide special election, a local special election, a regular primary election, a municipal
107 primary election, and a local district election.
108 (20) "Election Assistance Commission" means the commission established by the Help
109 America Vote Act of 2002, Pub. L. No. 107-252.
110 (21) "Election cycle" means the period beginning on the first day persons are eligible to
111 file declarations of candidacy and ending when the canvass is completed.
112 (22) "Election judge" means a poll worker that is assigned to:
113 (a) preside over other poll workers at a polling place;
114 (b) act as the presiding election judge; or
115 (c) serve as a canvassing judge, counting judge, or receiving judge.
116 (23) "Election officer" means:
117 (a) the lieutenant governor, for all statewide ballots and elections;
118 (b) the county clerk for:
119 (i) a county ballot and election; and
120 (ii) a ballot and election as a provider election officer as provided in Section
121 20A-5-400.1 or 20A-5-400.5;
122 (c) the municipal clerk for:
123 (i) a municipal ballot and election; and
124 (ii) a ballot and election as a provider election officer as provided in Section
125 20A-5-400.1 or 20A-5-400.5;
126 (d) the local district clerk or chief executive officer for:
127 (i) a local district ballot and election; and
128 (ii) a ballot and election as a provider election officer as provided in Section
129 20A-5-400.1 or 20A-5-400.5; or
130 (e) the business administrator or superintendent of a school district for:
131 (i) a school district ballot and election; and
132 (ii) a ballot and election as a provider election officer as provided in Section
133 20A-5-400.1 or 20A-5-400.5.
134 (24) "Election official" means any election officer, election judge, or poll worker.
135 (25) "Election results" means:
136 (a) for an election other than a bond election, the count of votes cast in the election and
137 the election returns requested by the board of canvassers; or
138 (b) for bond elections, the count of those votes cast for and against the bond
139 proposition plus any or all of the election returns that the board of canvassers may request.
140 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
141 registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
142 ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
143 the total votes cast form.
144 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
145 or logically associated with a record and executed or adopted by a person with the intent to sign
146 the record.
147 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
148 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
149 (29) "Judicial office" means the office filled by any judicial officer.
150 (30) "Judicial officer" means any justice or judge of a court of record or any county
151 court judge.
152 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
153 Local Government Entities - Local Districts, and includes a special service district under Title
154 17D, Chapter 1, Special Service District Act.
155 (32) "Local district officers" means those local district board members that are required
156 by law to be elected.
157 (33) "Local election" means a regular county election, a regular municipal election, a
158 municipal primary election, a local special election, a local district election, and a bond
159 election.
160 (34) "Local political subdivision" means a county, a municipality, a local district, or a
161 local school district.
162 (35) "Local special election" means a special election called by the governing body of a
163 local political subdivision in which all registered voters of the local political subdivision may
164 vote.
165 (36) "Manual ballot" means a paper document produced by an election officer on
166 which an individual records an individual's vote by directly placing a mark on the paper
167 document using a pen or other marking instrument.
168 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
169 mechanical record, that:
170 (a) is created via electronic or mechanical means; and
171 (b) records an individual voter's vote cast via a method other than an individual directly
172 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
173 (38) "Municipal executive" means:
174 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
175 (b) the mayor in the council-manager form of government defined in Subsection
176 10-3b-103(7); or
177 (c) the chair of a metro township form of government defined in Section 10-3b-102.
178 (39) "Municipal general election" means the election held in municipalities and, as
179 applicable, local districts on the first Tuesday after the first Monday in November of each
180 odd-numbered year for the purposes established in Section 20A-1-202.
181 (40) "Municipal legislative body" means:
182 (a) the council of the city or town in any form of municipal government; or
183 (b) the council of a metro township.
184 (41) "Municipal office" means an elective office in a municipality.
185 (42) "Municipal officers" means those municipal officers that are required by law to be
186 elected.
187 (43) "Municipal primary election" means an election held to nominate candidates for
188 municipal office.
189 (44) "Municipality" means a city, town, or metro township.
190 (45) "Official ballot" means the ballots distributed by the election officer for voters to
191 record their votes.
192 (46) "Official endorsement" means the information on the ballot that identifies:
193 (a) the ballot as an official ballot;
194 (b) the date of the election; and
195 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
196 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
197 (ii) for a ballot prepared by a county clerk, the words required by Subsection
198 20A-6-301(1)(b)(iii).
199 (47) "Official register" means the official record furnished to election officials by the
200 election officer that contains the information required by Section 20A-5-401.
201 (48) "Political party" means an organization of registered voters that has qualified to
202 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
203 and Procedures.
204 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
205 election, voting, or counting votes.
206 (b) "Poll worker" includes election judges.
207 (c) "Poll worker" does not include a watcher.
208 (50) "Pollbook" means a record of the names of voters in the order that they appear to
209 cast votes.
210 (51) "Polling place" means a building where voting is conducted.
211 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
212 in which the voter marks the voter's choice.
213 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
214 8, Presidential Primary Election.
215 (54) "Primary convention" means the political party conventions held during the year
216 of the regular general election.
217 (55) "Protective counter" means a separate counter, which cannot be reset, that:
218 (a) is built into a voting machine; and
219 (b) records the total number of movements of the operating lever.
220 (56) "Provider election officer" means an election officer who enters into a contract or
221 interlocal agreement with a contracting election officer to conduct an election for the
222 contracting election officer's local political subdivision in accordance with Section
223 20A-5-400.1.
224 (57) "Provisional ballot" means a ballot voted provisionally by a person:
225 (a) whose name is not listed on the official register at the polling place;
226 (b) whose legal right to vote is challenged as provided in this title; or
227 (c) whose identity was not sufficiently established by a poll worker.
228 (58) "Provisional ballot envelope" means an envelope printed in the form required by
229 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
230 verify a person's legal right to vote.
231 (59) (a) "Public figure" means an individual who, due to the individual being
232 considered for, holding, or having held a position of prominence in a public or private capacity,
233 or due to the individual's celebrity status, has an increased risk to the individual's safety.
234 (b) "Public figure" does not include an individual:
235 (i) elected to public office; or
236 (ii) appointed to fill a vacancy in an elected public office.
237 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
238 duties of the position for which the individual was elected.
239 (61) "Receiving judge" means the poll worker that checks the voter's name in the
240 official register at a polling place and provides the voter with a ballot.
241 (62) "Registration form" means a form by which an individual may register to vote
242 under this title.
243 (63) "Regular ballot" means a ballot that is not a provisional ballot.
244 (64) "Regular general election" means the election held throughout the state on the first
245 Tuesday after the first Monday in November of each even-numbered year for the purposes
246 established in Section 20A-1-201.
247 (65) "Regular primary election" means the election, held on the date specified in
248 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
249 local school board positions to advance to the regular general election.
250 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
251 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
252 provided to a voter with a manual ballot:
253 (a) into which the voter places the manual ballot after the voter has voted the manual
254 ballot in order to preserve the secrecy of the voter's vote; and
255 (b) that includes the voter affidavit and a place for the voter's signature.
256 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
257 published as provided in Section 20A-5-405.
258 (69) "Special election" means an election held as authorized by Section 20A-1-203.
259 (70) "Spoiled ballot" means each ballot that:
260 (a) is spoiled by the voter;
261 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
262 (c) lacks the official endorsement.
263 (71) "Statewide special election" means a special election called by the governor or the
264 Legislature in which all registered voters in Utah may vote.
265 (72) "Tabulation system" means a device or system designed for the sole purpose of
266 tabulating votes cast by voters at an election.
267 (73) "Ticket" means a list of:
268 (a) political parties;
269 (b) candidates for an office; or
270 (c) ballot propositions.
271 (74) "Transfer case" means the sealed box used to transport voted ballots to the
272 counting center.
273 (75) "Vacancy" means the absence of a person to serve in any position created by
274 statute, whether that absence occurs because of death, disability, disqualification, resignation,
275 or other cause.
276 (76) "Valid voter identification" means:
277 (a) a form of identification that bears the name and photograph of the voter which may
278 include:
279 (i) a currently valid Utah driver license;
280 (ii) a currently valid identification card that is issued by:
281 (A) the state; or
282 (B) a branch, department, or agency of the United States;
283 (iii) a currently valid Utah permit to carry a concealed weapon;
284 (iv) a currently valid United States passport; or
285 (v) a currently valid United States military identification card;
286 (b) one of the following identification cards, whether or not the card includes a
287 photograph of the voter:
288 (i) a valid tribal identification card;
289 (ii) a Bureau of Indian Affairs card; or
290 (iii) a tribal treaty card; or
291 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
292 the name of the voter and provide evidence that the voter resides in the voting precinct, which
293 may include:
294 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
295 election;
296 (ii) a bank or other financial account statement, or a legible copy thereof;
297 (iii) a certified birth certificate;
298 (iv) a valid social security card;
299 (v) a check issued by the state or the federal government or a legible copy thereof;
300 (vi) a paycheck from the voter's employer, or a legible copy thereof;
301 (vii) a currently valid Utah hunting or fishing license;
302 (viii) certified naturalization documentation;
303 (ix) a currently valid license issued by an authorized agency of the United States;
304 (x) a certified copy of court records showing the voter's adoption or name change;
305 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
306 (xii) a currently valid identification card issued by:
307 (A) a local government within the state;
308 (B) an employer for an employee; or
309 (C) a college, university, technical school, or professional school located within the
310 state; or
311 (xiii) a current Utah vehicle registration.
312 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
313 candidate by following the procedures and requirements of this title.
314 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
315 (a) mailing the ballot to the location designated in the mailing; or
316 (b) depositing the ballot in a ballot drop box designated by the election officer.
317 (79) "Voter" means an individual who:
318 (a) meets the requirements for voting in an election;
319 (b) meets the requirements of election registration;
320 (c) is registered to vote; and
321 (d) is listed in the official register book.
322 (80) "Voter registration deadline" means the registration deadline provided in Section
323 20A-2-102.5.
324 (81) "Voting area" means the area within six feet of the voting booths, voting
325 machines, and ballot box.
326 (82) "Voting booth" means:
327 (a) the space or compartment within a polling place that is provided for the preparation
328 of ballots, including the voting enclosure or curtain; or
329 (b) a voting device that is free standing.
330 (83) "Voting device" means any device provided by an election officer for a voter to
331 vote a mechanical ballot.
332 (84) "Voting precinct" means the smallest geographical voting unit, established under
333 Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
334 (85) "Watcher" means an individual who complies with the requirements described in
335 Section 20A-3a-801 to become a watcher for an election.
336 (86) "Write-in ballot" means a ballot containing any write-in votes.
337 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
338 the ballot, in accordance with the procedures established in this title.
339 Section 2. Section 20A-1-303 is amended to read:
340 20A-1-303. Determining results.
341 (1) (a) [
342
343 receiving the highest number of votes at any:
344 (i) election for any office to be filled at that election is elected to that office; and
345 (ii) primary for nomination for any office is nominated for that office.
346 (b) [
347
348 persons receiving the highest number of votes at any:
349 (i) election for any office to filled at that election are elected to that office; and
350 (ii) primary for nomination for any office are nominated for that office.
351 (2) Any ballot proposition submitted to voters for their approval or rejection:
352 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
353 (b) fails if:
354 (i) the number of "yes" votes equal the number of "no" votes; or
355 (ii) the number of "no" votes is greater than the number of "yes" votes.
356 Section 3. Section 20A-1-304 is amended to read:
357 20A-1-304. Tie votes.
358 [
359
360 position have an equal and the highest number of votes for any office, the election officer shall,
361 in a public meeting held within 30 days after the day on which the canvass is completed,
362 determine the candidate selected, by lot, in the presence of each candidate subject to the tie.
363 Section 4. Section 20A-3a-204 is amended to read:
364 20A-3a-204. Marking and depositing ballots.
365 (1) To vote by mail:
366 (a) [
367 ballot by marking the appropriate space with a mark opposite the name of each candidate of the
368 voter's choice for each office to be filled;
369 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
370 appropriate space with a mark opposite the answer the voter intends to make;
371 (c) [
372 accordance with Subsection 20A-3a-206(1);
373 (d) [
374 a write-in candidate; and
375 (e) the voter shall:
376 (i) complete and sign the affidavit on the return envelope;
377 (ii) place the voted ballot in the return envelope;
378 (iii) if required, place a copy of the voter's valid voter identification in the return
379 envelope;
380 (iv) securely seal the return envelope; and
381 (v) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
382 (B) place the return envelope in a ballot drop box, designated by the election officer,
383 for the precinct where the voter resides.
384 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
385 mailed must be:
386 (i) clearly postmarked before election day, or otherwise clearly marked by the post
387 office as received by the post office before election day; and
388 (ii) received in the office of the election officer before noon on the day of the official
389 canvass following the election.
390 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
391 close on election day, be deposited in:
392 (i) a ballot box at a polling place; or
393 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
394 ballot relates.
395 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
396 drop box in the wrong jurisdiction to the correct jurisdiction.
397 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
398 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
399 deposit the ballot in the ballot drop box.
400 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
401 complying with Subsections (1)(a) through (d):
402 (a) sign the official register or pollbook; and
403 (b) (i) place the ballot in the ballot box; or
404 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
405 envelope, complete the information printed on the provisional ballot envelope, and deposit the
406 provisional ballot envelope in the provisional ballot box.
407 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
408 (b) An individual other than an individual with a disability may vote a mechanical
409 ballot at a polling place if permitted by the election officer.
410 (5) To vote a mechanical ballot, the voter shall:
411 (a) make the selections according to the instructions provided for the voting device;
412 and
413 (b) [
414 (i) selecting the appropriate position for entering a write-in candidate; and
415 (ii) using the voting device to enter the name of the valid write-in candidate for whom
416 the voter wishes to vote.
417 [
418
419 [
420
421 [
422
423 [
424 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
425 area after voting; and
426 (b) may not:
427 (i) occupy a voting booth occupied by another, except as provided in Section
428 20A-3a-208;
429 (ii) remain within the voting area more than 10 minutes; or
430 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
431 voters are waiting to occupy a voting booth.
432 [
433 reenter the voting area during that election unless that voter is an election official or watcher.
434 [
435 than the number of voting booths into the voting area at one time unless those excess voters
436 are:
437 (a) election officials;
438 (b) watchers; or
439 (c) assisting voters with a disability.
440 Section 5. Section 20A-4-101 is amended to read:
441 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
442 polling place on day of election before polls close.
443 (1) Each county legislative body, municipal legislative body, and each poll worker
444 shall comply with the requirements of this section when counting manual ballots on the day of
445 an election, if:
446 (a) the ballots are cast at a polling place; and
447 (b) the ballots are counted at the polling place before the polls close.
448 (2) (a) Each county legislative body or municipal legislative body shall provide:
449 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
450 judges have been appointed; and
451 (ii) a counting room for the use of the poll workers counting the ballots during the day.
452 (b) At any election in any voting precinct in which both receiving and counting judges
453 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
454 (i) close the first ballot box and deliver it to the counting judges; and
455 (ii) prepare and use another ballot box to receive voted ballots.
456 (c) [
457 counting judges shall:
458 (i) take the ballot box to the counting room;
459 (ii) count the votes on the regular ballots in the ballot box;
460 (iii) place the provisional ballot envelopes in the envelope or container provided for
461 them for return to the election officer; and
462 (iv) when they have finished counting the votes in the ballot box, return the emptied
463 box to the receiving judges.
464 (d) (i) During the course of election day, whenever there are at least 20 ballots
465 contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
466 judges for counting; and
467 (ii) the counting judges shall immediately count the regular ballots and segregate the
468 provisional ballots contained in that box.
469 (e) The counting judges shall continue to exchange the ballot boxes and count ballots
470 until the polls close.
471 [
472
473
474
475 [
476
477
478
479 (3) To resolve questions that arise during the counting of ballots, a counting judge
480 shall, to the extent applicable, apply the standards and requirements of[
481 [
482 [
483
484 Section 6. Section 20A-4-102 is amended to read:
485 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
486 polling place on day of election after polls close.
487 (1) (a) This section governs counting manual ballots on the day of an election, if:
488 (i) the ballots are cast at a polling place; and
489 (ii) the ballots are counted at the polling place after the polls close.
490 (b) Except as provided in Subsection (2) [
491
492 voted, the election judges shall count the ballots by performing the tasks specified in this
493 section in the order that they are specified.
494 (c) To resolve questions that arise during the counting of ballots, a counting judge
495 shall, to the extent applicable, apply the standards and requirements of[
496 [
497 [
498
499 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
500 (b) (i) If there are more ballots in the ballot box than there are names entered in the
501 pollbook, the judges shall examine the official endorsements on the ballots.
502 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
503 official endorsement, the judges shall put those ballots in an excess ballot file and not count
504 them.
505 (c) (i) If, after examining the official endorsements, there are still more ballots in the
506 ballot box than there are names entered in the pollbook, the judges shall place the remaining
507 ballots back in the ballot box.
508 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
509 excess from the ballot box.
510 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
511 count them.
512 (d) When the ballots in the ballot box equal the number of names entered in the
513 pollbook, the judges shall count the votes.
514 (3) The judges shall:
515 (a) place all unused ballots in the envelope or container provided for return to the
516 county clerk or city recorder; and
517 (b) seal that envelope or container.
518 (4) The judges shall:
519 (a) place all of the provisional ballot envelopes in the envelope provided for them for
520 return to the election officer; and
521 (b) seal that envelope or container.
522 (5) (a) In counting the votes, the election judges shall read and count each ballot
523 separately.
524 (b) In regular primary elections the judges shall:
525 (i) count the number of ballots cast for each party;
526 (ii) place the ballots cast for each party in separate piles; and
527 (iii) count all the ballots for one party before beginning to count the ballots cast for
528 other parties.
529 (6) (a) In all elections, the counting judges shall[
530
531
532 (i) count one vote for each candidate designated by the marks in the squares next to the
533 candidate's name;
534 (ii) count each vote for each write-in candidate who has qualified by filing a
535 declaration of candidacy under Section 20A-9-601;
536 (iii) read every name marked on the ballot and mark every name upon the tally sheets
537 before another ballot is counted;
538 (iv) evaluate each ballot and each vote based on the standards and requirements of
539 Section 20A-4-105;
540 (v) write the word "spoiled" on the back of each ballot that lacks the official
541 endorsement and deposit it in the spoiled ballot envelope; and
542 (vi) read, count, and record upon the tally sheets the votes that each candidate and
543 ballot proposition received from all ballots, except excess or spoiled ballots.
544 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
545 persons clearly not eligible to qualify for office.
546 (c) The judges shall certify to the accuracy and completeness of the tally list in the
547 space provided on the tally list.
548 (d) When the judges have counted all of the voted ballots, they shall record the results
549 on the total votes cast form.
550 (7) Only an election judge and a watcher may be present at the place where counting is
551 conducted until the count is completed.
552 Section 7. Section 20A-4-105 is amended to read:
553 20A-4-105. Standards and requirements for evaluating voter's ballot choice.
554 (1) (a) An election officer shall ensure that when a question arises regarding a vote
555 recorded on a manual ballot, two counting judges jointly adjudicate the ballot[
556
557 accordance with the requirements of this section.
558 (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
559 is adjudicated under this section, the counting judges may not count the vote.
560 (c) An election officer shall store adjudicated ballots separately from other ballots to
561 enable a court to review the ballots if the election is challenged in court.
562 (2) Except as provided in Subsection (10), [
563
564 individuals to be elected to an office, or if the counting judges cannot determine a voter's
565 choice for an office, the counting judges may not count the voter's vote for that office.
566 (3) [
567
568 if:
569 (a) the defective or incomplete mark is in the proper place; and
570 (b) there is no other mark or cross on the ballot indicating the voter's intent to vote
571 other than as indicated by the incomplete or defective mark.
572 (4) [
573
574 on the ballot other than those marks allowed by this section unless the extraneous marks on a
575 ballot show an intent by an individual to mark the individual's ballot so that the individual's
576 ballot can be identified.
577 (5) (a) In counting the ballots, the counting judges shall give full consideration to the
578 intent of the voter.
579 (b) The counting judges may not invalidate a ballot because of mechanical or technical
580 defects in voting or failure on the part of the voter to follow strictly the rules for balloting
581 required by Chapter 3a, Voting.
582 (6) The counting judges may not reject a ballot because of an error in:
583 (a) stamping or writing an official endorsement; or
584 (b) delivering the wrong ballots to a polling place.
585 (7) The counting judges may not count a manual ballot that does not have the official
586 endorsement by an election officer.
587 (8) The counting judges may not count a ballot proposition vote or candidate vote for
588 which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
589 (9) If the counting judges discover that the name of a candidate is misspelled on a
590 ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
591 or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
592 apparent that the voter intended to vote for the candidate.
593 (10) The counting judges shall count a vote for the president and the vice president of
594 any political party as a vote for the presidential electors selected by the political party.
595 (11) [
596
597 has cast more votes for an office than that voter is entitled to vote for that office, the counting
598 judges shall count the valid write-in vote as being the obvious intent of the voter.
599 Section 8. Section 20A-4-106 is amended to read:
600 20A-4-106. Manual ballots -- Sealing.
601 (1) After the official canvas of an election, the election officer shall store all election
602 returns in containers that identify the containers' contents.
603 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
604 by anyone, except when examined during a recount conducted under the authority of Section
605 20A-4-401 [
606
607 Section 9. Section 20A-4-304 is amended to read:
608 20A-4-304. Declaration of results -- Canvassers' report.
609 (1) Each board of canvassers shall:
610 (a) [
611 declare "elected" or "nominated" those persons who:
612 (i) had the highest number of votes; and
613 (ii) sought election or nomination to an office completely within the board's
614 jurisdiction;
615 (b) declare:
616 (i) "approved" those ballot propositions that:
617 (A) had more "yes" votes than "no" votes; and
618 (B) were submitted only to the voters within the board's jurisdiction; or
619 (ii) "rejected" those ballot propositions that:
620 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
621 votes; and
622 (B) were submitted only to the voters within the board's jurisdiction;
623 (c) certify the vote totals for persons and for and against ballot propositions that were
624 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
625 the lieutenant governor; and
626 (d) if applicable, certify the results of each local district election to the local district
627 clerk.
628 (2) As soon as the result is declared, the election officer shall prepare a report of the
629 result, which shall contain:
630 (a) the total number of votes cast in the board's jurisdiction;
631 (b) the names of each candidate whose name appeared on the ballot;
632 (c) the title of each ballot proposition that appeared on the ballot;
633 (d) each office that appeared on the ballot;
634 (e) from each voting precinct:
635 (i) the number of votes for each candidate; and
636 [
637
638
639
640 [
641 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
642 and against each ballot proposition;
643 (g) the number of ballots that were rejected; and
644 (h) a statement certifying that the information contained in the report is accurate.
645 (3) The election officer and the board of canvassers shall:
646 (a) review the report to ensure that it is correct; and
647 (b) sign the report.
648 (4) The election officer shall:
649 (a) record or file the certified report in a book kept for that purpose;
650 (b) prepare and transmit a certificate of nomination or election under the officer's seal
651 to each nominated or elected candidate;
652 (c) publish a copy of the certified report in accordance with Subsection (5); and
653 (d) file a copy of the certified report with the lieutenant governor.
654 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
655 days after the day on which the board of canvassers declares the election results, publicize the
656 certified report described in Subsection (2):
657 (a) (i) by publishing notice at least once in a newspaper of general circulation within
658 the jurisdiction;
659 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
660 jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
661 of the jurisdiction, subject to a maximum of 10 notices; or
662 (iii) by mailing notice to each residence within the jurisdiction;
663 (b) by posting notice on the Utah Public Notice Website, created in Section
664 63A-16-601, for one week; and
665 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
666 one week.
667 (6) Instead of including a copy of the entire certified report, a notice required under
668 Subsection (5) may contain a statement that:
669 (a) includes the following: "The Board of Canvassers for [indicate name of
670 jurisdiction] has prepared a report of the election results for the [indicate type and date of
671 election]."; and
672 (b) specifies the following sources where an individual may view or obtain a copy of
673 the entire certified report:
674 (i) if the jurisdiction has a website, the jurisdiction's website;
675 (ii) the physical address for the jurisdiction; and
676 (iii) a mailing address and telephone number.
677 (7) When there has been a regular general or a statewide special election for statewide
678 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
679 or more county ballot proposition, each board of canvassers shall:
680 (a) prepare a separate report detailing the number of votes for each candidate and the
681 number of votes for and against each ballot proposition; and
682 (b) transmit the separate report by registered mail to the lieutenant governor.
683 (8) In each county election, municipal election, school election, local district election,
684 and local special election, the election officer shall transmit the reports to the lieutenant
685 governor within 14 days after the date of the election.
686 (9) In a regular primary election and in a presidential primary election, the board shall
687 transmit to the lieutenant governor:
688 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
689 governor not later than the second Tuesday after the election; and
690 (b) a complete tabulation showing voting totals for all primary races, precinct by
691 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
692 primary election.
693 Section 10. Section 20A-4-401 is amended to read:
694 20A-4-401. Recounts -- Procedure.
695 [
696
697 [
698 candidates, if the difference between the number of votes cast for a winning candidate in the
699 race and a losing candidate in the race is equal to or less than .25% of the total number of votes
700 cast for all candidates in the race, that losing candidate may file a request for a recount in
701 accordance with Subsection [
702 [
703 400 or less, if the difference between the number of votes cast for a winning candidate in the
704 race and a losing candidate in the race is one vote, that losing candidate may file a request for a
705 recount in accordance with Subsection [
706 [
707 (a) or (b) shall file the request:
708 (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
709 three days after the canvass; or
710 (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
711 (A) the municipal clerk, if the election is a municipal general election;
712 (B) the local district clerk, if the election is a local district election;
713 (C) the county clerk, for races voted on entirely within a single county; or
714 (D) the lieutenant governor, for statewide races and multicounty races.
715 [
716 (i) supervise the recount;
717 (ii) recount all ballots cast for that race;
718 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
719 Disposition of Ballots;
720 (iv) for a race where only one candidate may win, declare elected the candidate who
721 receives the highest number of votes on the recount; and
722 (v) for a race where multiple candidates may win, declare elected the applicable
723 number of candidates who receive the highest number of votes on the recount.
724 (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
725 proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
726 the total votes cast for or against the proposition, any 10 voters who voted in the election where
727 the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
728 days after the day of the canvass with the person described in Subsection (2)(c).
729 (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
730 against the proposition is 400 or less, if the difference between the number of votes cast for the
731 proposition and the number of votes cast against the proposition is one vote, any 10 voters who
732 voted in the election where the proposition was on the ballot may file a request for a recount
733 before 5 p.m. within seven days after the day of the canvass with the person described in
734 Subsection (2)(c).
735 (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
736 file the request with:
737 (i) the municipal clerk, if the election is a municipal election;
738 (ii) the local district clerk, if the election is a local district election;
739 (iii) the county clerk, for propositions voted on entirely within a single county; or
740 (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
741 (d) The election officer shall:
742 (i) supervise the recount;
743 (ii) recount all ballots cast for that ballot proposition or bond proposition;
744 (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
745 Disposition of Ballots; and
746 (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
747 based upon the results of the recount.
748 (e) Proponents and opponents of the ballot proposition or bond proposition may
749 designate representatives to witness the recount.
750 (f) The voters requesting the recount shall pay the costs of the recount.
751 (3) Costs incurred by recount under Subsection (1) may not be assessed against the
752 person requesting the recount.
753 (4) (a) Upon completion of the recount, the election officer shall immediately convene
754 the board of canvassers.
755 (b) The board of canvassers shall:
756 (i) canvass the election returns for the race or proposition that was the subject of the
757 recount; and
758 (ii) with the assistance of the election officer, prepare and sign the report required by
759 Section 20A-4-304 or 20A-4-306.
760 (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
761 the board of county canvassers shall prepare and transmit a separate report to the lieutenant
762 governor as required by Subsection 20A-4-304(7).
763 (d) The canvassers' report prepared as provided in this Subsection (4) is the official
764 result of the race or proposition that is the subject of the recount.
765 Section 11. Section 20A-5-400.1 is amended to read:
766 20A-5-400.1. Contracting with an election officer to conduct elections -- Fees --
767 Contracts and interlocal agreements -- Private providers.
768 (1) (a) In accordance with this section, a local political subdivision may enter into a
769 contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation
770 Act, with a provider election officer to conduct an election.
771 (b) If the boundaries of a local political subdivision holding the election extend beyond
772 a single local political subdivision, the local political subdivision may have more than one
773 provider election officer conduct an election.
774 [
775
776
777
778
779 [
780
781
782
783 (2) A provider election officer shall conduct an election:
784 (a) under the direction of the contracting election officer; and
785 (b) in accordance with a contract or interlocal agreement.
786 (3) A provider election officer shall establish fees for conducting an election for a
787 contracting election officer that:
788 (a) are consistent with the contract or interlocal agreement; and
789 (b) do not exceed the actual costs incurred by the provider election officer.
790 (4) The contract or interlocal agreement under this section may specify that a
791 contracting election officer request, within a specified number of days before the election, that
792 the provider election officer conduct the election to allow adequate preparations by the
793 provider election officer.
794 (5) An election officer conducting an election may appoint or employ an agent or
795 professional service to assist in conducting the election.
796 Section 12. Section 20A-5-802 is amended to read:
797 20A-5-802. Certification of voting equipment.
798 (1) For the voting equipment used in the jurisdiction over which an election officer has
799 authority, the election officer shall:
800 (a) before each election, use logic and accuracy tests to ensure that the voting
801 equipment performs the voting equipment's functions accurately;
802 (b) develop and implement a procedure to protect the physical security of the voting
803 equipment; and
804 (c) ensure that the voting equipment is certified by the lieutenant governor under
805 Subsection (2) as having met the requirements of this section.
806 [
807 [
808 the state is independently tested using security testing protocols and standards that:
809 [
810 reviews the voting equipment for certification; and
811 [
812 [
813 (2)(a) shall require that a voting system:
814 [
815 [
816 [
817 [
818 and
819 [
820 [
821
822 [
823 [
824 Commission to test voting equipment.
825 [
826
827 [
828
829
830
831 Section 13. Section 20A-6-402 is amended to read:
832 20A-6-402. Ballots for municipal general elections.
833 (1) [
834
835 manual ballot at a municipal general election, an election officer shall ensure that:
836 (a) the names of the two candidates who received the highest number of votes for
837 mayor in the municipal primary are placed upon the ballot;
838 (b) if no municipal primary election was held, the names of the candidates who filed
839 declarations of candidacy for municipal offices are placed upon the ballot;
840 (c) for other offices:
841 (i) twice the number of candidates as there are positions to be filled are certified as
842 eligible for election in the municipal general election from those candidates who received the
843 greater number of votes in the primary election; and
844 (ii) the names of those candidates are placed upon the municipal general election
845 ballot;
846 (d) the names of the candidates are placed on the ballot in the order specified under
847 Section 20A-6-305;
848 (e) in an election in which a voter is authorized to cast a write-in vote and where a
849 write-in candidate is qualified under Section 20A-9-601, a write-in area is placed upon the
850 ballot that contains, for each office in which there is a qualified write-in candidate:
851 (i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
852 (ii) a square or other conforming area that is adjacent to or opposite the blank
853 horizontal line to enable the voter to indicate the voter's vote;
854 (f) ballot propositions that have qualified for the ballot, including propositions
855 submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
856 listed on the ballot in accordance with Section 20A-6-107; and
857 (g) bond propositions that have qualified for the ballot are listed on the ballot under the
858 title assigned to each bond proposition under Section 11-14-206.
859 (2) [
860
861 using a mechanical ballot at municipal general elections, each election officer shall ensure that:
862 (a) the following endorsements are displayed on the first portion of the ballot:
863 (i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
864 (ii) the date of the election; and
865 (iii) a facsimile of the signature of the election officer and the election officer's title;
866 (b) immediately below the election officer's title, a distinct border or line separates the
867 endorsements from the rest of the ballot;
868 (c) immediately below the border or line, an "Instructions to Voters" section is
869 displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
870 the candidate(s) for each respective office." followed by another border or line;
871 (d) after the border or line, the designation of the office for which the candidates seek
872 election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
873 candidates for which the voter may vote)" are displayed, followed by a line or border;
874 (e) after the line or border, the names of the candidates are displayed in the order
875 specified under Section 20A-6-305 with surnames last and grouped according to the office that
876 they seek;
877 (f) a voting square or position is located adjacent to the name of each candidate;
878 (g) following the name of the last candidate for each office in which a write-in
879 candidate is qualified under Section 20A-9-601, the ballot contains a write-in space where the
880 voter may enter the name of and vote for a valid write-in candidate for the office; and
881 (h) the candidate groups are separated from each other by a line or border.
882 (3) When a municipality has chosen to nominate candidates by convention or
883 committee, the election officer shall ensure that the party name is included with the candidate's
884 name on the ballot.
885 Section 14. Section 20A-9-203 is amended to read:
886 20A-9-203. Declarations of candidacy -- Municipal general elections.
887 (1) An individual may become a candidate for any municipal office if:
888 (a) the individual is a registered voter; and
889 (b) (i) the individual has resided within the municipality in which the individual seeks
890 to hold elective office for the 12 consecutive months immediately before the date of the
891 election; or
892 (ii) the territory in which the individual resides was annexed into the municipality, the
893 individual has resided within the annexed territory or the municipality the 12 consecutive
894 months immediately before the date of the election.
895 (2) (a) For purposes of determining whether an individual meets the residency
896 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
897 before the election, the municipality is considered to have been incorporated 12 months before
898 the date of the election.
899 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
900 council position shall, if elected from a district, be a resident of the council district from which
901 the candidate is elected.
902 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
903 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
904 against the elective franchise may not hold office in this state until the right to hold elective
905 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
906 (3) (a) An individual seeking to become a candidate for a municipal office shall,
907 regardless of the nomination method by which the individual is seeking to become a candidate:
908 (i) except as provided in Subsection (3)(b) [
909
910 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
911 described in Section 10-3-301 and not later than the close of those office hours, between June 1
912 and June 7 of any odd-numbered year; and
913 (ii) pay the filing fee, if one is required by municipal ordinance.
914 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
915 declaration of candidacy with the city recorder or town clerk if:
916 (i) the individual is located outside of the state during the entire filing period;
917 (ii) the designated agent appears in person before the city recorder or town clerk;
918 (iii) the individual communicates with the city recorder or town clerk using an
919 electronic device that allows the individual and city recorder or town clerk to see and hear each
920 other; and
921 (iv) the individual provides the city recorder or town clerk with an email address to
922 which the city recorder or town clerk may send the individual the copies described in
923 Subsection (4).
924 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
925 (i) [
926
927 the office hours described in Section 10-3-301 and not later than the close of those office
928 hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
929 of the nomination petition of the lesser of at least:
930 (A) 25 registered voters who reside in the municipality; or
931 (B) 20% of the registered voters who reside in the municipality; and
932 (ii) paying the filing fee, if one is required by municipal ordinance.
933 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
934 petition, the filing officer shall:
935 (i) read to the prospective candidate or individual filing the petition the constitutional
936 and statutory qualification requirements for the office that the candidate is seeking;
937 (ii) require the candidate or individual filing the petition to state whether the candidate
938 meets the requirements described in Subsection (4)(a)(i); and
939 (iii) inform the candidate or the individual filing the petition that an individual who
940 holds a municipal elected office may not, at the same time, hold a county elected office.
941 (b) If the prospective candidate does not meet the qualification requirements for the
942 office, the filing officer may not accept the declaration of candidacy or nomination petition.
943 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
944 filing officer shall:
945 (i) inform the candidate that the candidate's name will appear on the ballot as it is
946 written on the declaration of candidacy;
947 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
948 for the office the candidate is seeking and inform the candidate that failure to comply will
949 result in disqualification as a candidate and removal of the candidate's name from the ballot;
950 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
951 Electronic Voter Information Website Program and inform the candidate of the submission
952 deadline under Subsection 20A-7-801(4)(a);
953 (iv) provide the candidate with a copy of the pledge of fair campaign practices
954 described under Section 20A-9-206 and inform the candidate that:
955 (A) signing the pledge is voluntary; and
956 (B) signed pledges shall be filed with the filing officer; and
957 (v) accept the declaration of candidacy or nomination petition.
958 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
959 officer shall:
960 (i) accept the candidate's pledge; and
961 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
962 candidate's pledge to the chair of the county or state political party of which the candidate is a
963 member.
964 (5) (a) The declaration of candidacy shall be in substantially the following form:
965 "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
966 ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
967 (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
968 (stating the term). I will meet the legal qualifications required of candidates for this office. If
969 filing via a designated agent, I attest that I will be out of the state of Utah during the entire
970 candidate filing period. I will file all campaign financial disclosure reports as required by law
971 and I understand that failure to do so will result in my disqualification as a candidate for this
972 office and removal of my name from the ballot. I request that my name be printed upon the
973 applicable official ballots. (Signed) _______________
974 Subscribed and sworn to (or affirmed) before me by ____ on this
975 __________(month\day\year).
976 (Signed) _______________ (Clerk or other officer qualified to administer oath)."
977 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
978 not sign the form described in Subsection (5)(a).
979 (c) (i) A nomination petition shall be in substantially the following form:
980 "NOMINATION PETITION
981 The undersigned residents of (name of municipality), being registered voters, nominate
982 (name of nominee) for the office of (name of office) for the (length of term of office)."
983 (ii) The remainder of the petition shall contain lines and columns for the signatures of
984 individuals signing the petition and each individual's address and phone number.
985 (6) If the declaration of candidacy or nomination petition fails to state whether the
986 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
987 for the four-year term.
988 (7) (a) The clerk shall verify with the county clerk that all candidates are registered
989 voters.
990 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
991 print the candidate's name on the ballot.
992 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
993 clerk shall:
994 (a) publicize a list of the names of the candidates as they will appear on the ballot:
995 (i) (A) by publishing the list in at least two successive publications of a newspaper of
996 general circulation in the municipality;
997 (B) by posting one copy of the list, and at least one additional copy of the list per 2,000
998 population of the municipality, in places within the municipality that are most likely to give
999 notice to the voters in the municipality, subject to a maximum of 10 lists; or
1000 (C) by mailing the list to each registered voter in the municipality;
1001 (ii) by posting the list on the Utah Public Notice Website, created in Section
1002 63A-16-601, for seven days; and
1003 (iii) if the municipality has a website, by posting the list on the municipality's website
1004 for seven days; and
1005 (b) notify the lieutenant governor of the names of the candidates as they will appear on
1006 the ballot.
1007 (9) Except as provided in Subsection (10)(c), an individual may not amend a
1008 declaration of candidacy or nomination petition filed under this section after the candidate
1009 filing period ends.
1010 (10) (a) A declaration of candidacy or nomination petition that an individual files under
1011 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
1012 10 days after the last day for filing.
1013 (b) If a person files an objection, the clerk shall:
1014 (i) mail or personally deliver notice of the objection to the affected candidate
1015 immediately; and
1016 (ii) decide any objection within 48 hours after the objection is filed.
1017 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
1018 days after the day on which the clerk sustains the objection, correct the problem for which the
1019 objection is sustained by amending the candidate's declaration of candidacy or nomination
1020 petition, or by filing a new declaration of candidacy.
1021 (d) (i) The clerk's decision upon objections to form is final.
1022 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
1023 prompt application is made to the district court.
1024 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1025 of its discretion, agrees to review the lower court decision.
1026 (11) A candidate who qualifies for the ballot under this section may withdraw as a
1027 candidate by filing a written affidavit with the municipal clerk.
1028 Section 15. Section 20A-9-404 is amended to read:
1029 20A-9-404. Municipal primary elections.
1030 (1) (a) [
1031
1032 municipalities shall be nominated at a municipal primary election.
1033 (b) Municipal primary elections shall be held:
1034 (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
1035 Monday in the August before the regular municipal election; and
1036 (ii) whenever possible, at the same polling places as the regular municipal election.
1037 (2) [
1038
1039 exceed twice the number of individuals needed to fill that office, a primary election for that
1040 office may not be held and the candidates are considered nominated.
1041 (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
1042 of voters or delegates.
1043 (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
1044 election, any third, fourth, or fifth class city or town may exempt itself from a primary election
1045 by providing that the nomination of candidates for municipal office to be voted upon at a
1046 municipal election be nominated by a municipal party convention or committee.
1047 (ii) The municipal party convention or committee described in Subsection (3)(b)(i)
1048 shall be held on or before May 30 of an odd-numbered year.
1049 (iii) Any primary election exemption ordinance adopted under this Subsection (3)
1050 remains in effect until repealed by ordinance.
1051 (c) (i) A convention or committee may not nominate more than one candidate for each
1052 of the municipal offices to be voted upon at the municipal election.
1053 (ii) A convention or committee may not nominate an individual who has accepted the
1054 nomination of a different convention or committee.
1055 (iii) A municipal party may not have more than one group of candidates placed upon
1056 the ballot and may not group the same candidates on different tickets by the same party under a
1057 different name or emblem.
1058 (d) (i) On or before May 31 of an odd-numbered year, a convention or committee shall
1059 prepare and submit to the filing officer a certificate of nomination for each individual
1060 nominated.
1061 (ii) The certificate of nomination shall:
1062 (A) contain the name of the office for which each individual is nominated, the name,
1063 post office address, and, if in a city, the street number of residence and place of business, if
1064 any, of each individual nominated;
1065 (B) designate in not more than five words the party that the convention or committee
1066 represents;
1067 (C) contain a copy of the resolution passed at the convention that authorized the
1068 committee to make the nomination;
1069 (D) contain a statement certifying that the name of the candidate nominated by the
1070 political party will not appear on the ballot as a candidate for any other political party;
1071 (E) be signed by the presiding officer and secretary of the convention or committee;
1072 and
1073 (F) contain a statement identifying the residence and post office address of the
1074 presiding officer and secretary and certifying that the presiding officer and secretary were
1075 officers of the convention or committee and that the certificates are true to the best of their
1076 knowledge and belief.
1077 (iii) A candidate nominated by a municipal party convention or committee shall file a
1078 declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:
1079 (A) the name of the municipal party or convention that nominated the candidate; and
1080 (B) the office for which the convention or committee nominated the candidate.
1081 (e) A committee appointed at a convention, if authorized by an enabling resolution,
1082 may also make nominations or fill vacancies in nominations made at a convention if the
1083 committee makes the nomination before the deadline for a write-in candidate to file a
1084 declaration of candidacy under Section 20A-9-601.
1085 (f) The election ballot shall substantially comply with the form prescribed in Chapter 6,
1086 Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall be included
1087 with the candidate's name.
1088 (4) (a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the
1089 May 1 that falls before the regular municipal election that:
1090 (i) exempts the city or town from the other methods of nominating candidates to
1091 municipal office provided in this section; and
1092 (ii) provides for a municipal partisan convention method of nominating candidates as
1093 provided in this Subsection (4).
1094 (b) (i) Any party that was a registered political party at the last regular general election
1095 or regular municipal election is a municipal political party under this section.
1096 (ii) Any political party may qualify as a municipal political party by presenting a
1097 petition to the city recorder that:
1098 (A) is signed, with a holographic signature, by registered voters within the municipality
1099 equal to at least 20% of the number of votes cast for all candidates for mayor in the last
1100 municipal election at which a mayor was elected;
1101 (B) is filed with the city recorder or town clerk before 5 p.m. no later than the day
1102 before the day on which the municipal party holds a convention to nominate a candidate under
1103 this Subsection (4);
1104 (C) is substantially similar to the form of the signature sheets described in Section
1105 20A-7-303; and
1106 (D) contains the name of the municipal political party using not more than five words.
1107 (c) (i) If the number of candidates for a particular office does not exceed twice the
1108 number of offices to be filled at the regular municipal election, no primary election for that
1109 office shall be held and the candidates are considered to be nominated.
1110 (ii) If the number of candidates for a particular office exceeds twice the number of
1111 offices to be filled at the regular municipal election, those candidates for municipal office shall
1112 be nominated at a municipal primary election.
1113 (d) The clerk shall ensure that the partisan municipal primary ballot is similar to the
1114 ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.
1115 (e) After marking a municipal primary ballot, the voter shall deposit the ballot in the
1116 blank ballot box.
1117 (f) Immediately after the canvass, the election judges shall, without examination,
1118 destroy the tickets deposited in the blank ballot box.
1119 Section 16. Section 63I-2-220 is amended to read:
1120 63I-2-220. Repeal dates: Title 20A.
1121 [
1122
1123 [
1124 [
1125 Section 17. Repealer.
1126 This bill repeals:
1127 Section 20A-4-601, Definitions.
1128 Section 20A-4-602, Municipal Alternate Voting Methods Pilot Project -- Creation
1129 -- Participation.
1130 Section 20A-4-603, Instant runoff voting.
1131 Section 20A-4-604, Batch elimination.
1132 Section 20A-6-203.5, Instant runoff voting ballot.