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7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to a special congressional election, and the
10 municipal elections, held in 2023.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ modifies municipal election provisions, for the 2023 municipal elections only,
15 including:
16 • changing the dates of the municipal primary elections and municipal general
17 elections;
18 • requiring that the counties conduct the municipal elections;
19 • changing the canvassing deadlines and other deadlines for the municipal
20 elections; and
21 • addressing other provisions relating to administration of the municipal elections;
22 ▸ directs each county in the Second Congressional District of Utah to conduct a
23 special congressional primary election on the same day as the 2023 municipal
24 primary election and a special congressional general election on the same day as the
25 2023 municipal general election;
26 ▸ directs the counties in the Second Congressional District of Utah on the procedures,
27 requirements, and deadlines to be followed to:
28 • conduct the special congressional election; and
29 • conduct the 2023 municipal election concurrently with the special congressional
30 election;
31 ▸ provides direction for the conduct of the congressional special election in relation to
32 political party requirements;
33 ▸ modifies deadlines for changing party affiliation status in relation to the special
34 congressional election;
35 ▸ for the special congressional primary election and the 2023 municipal primary
36 election, permits the counting of ballots postmarked on or before the day of the
37 election;
38 ▸ modifies deadlines for challenging a general special congressional election and the
39 2023 municipal general election; and
40 ▸ repeals the codified provisions of this bill on May 1, 2024.
41 Money Appropriated in this Bill:
42 This bill appropriates in fiscal year 2024:
43 ▸ to the Governor's Office - Governor's Office - Lt. Governor's Office, as a one-time
44 appropriation:
45 • from the General Fund, One-time, $2,500,000.
46 Other Special Clauses:
47 This bill provides revisor instructions.
48 This bill provides a special effective date.
49 Utah Code Sections Affected:
50 AMENDS:
51 63I-2-220, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
52 ENACTS:
53 20A-1-207, Utah Code Annotated 1953
54 20A-1-208, Utah Code Annotated 1953
55 Utah Code Sections Affected by Revisor Instructions:
56 20A-1-208, Utah Code Annotated 1953
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 20A-1-207 is enacted to read:
60 20A-1-207. Provisions relating to the 2023 municipal election.
61 (1) As used in this section:
62 (a) (i) "2023 municipal election" means, in relation to the entire state of Utah,
63 including all political subdivisions of Utah:
64 (A) the 2023 municipal primary election;
65 (B) the 2023 municipal general election; and
66 (C) all processes relating to the elections described in this Subsection (1)(a), regardless
67 of whether the processes occur before, during, or after the day of the election.
68 (ii) "2023 municipal election" includes elections held under Chapter 4, Part 6,
69 Municipal Alternate Voting Methods Pilot Project.
70 (b) (i) "Municipal election" means:
71 (A) a municipal primary election;
72 (B) a municipal general election; or
73 (C) the processes relating to the elections described in this Subsection (1)(b),
74 regardless of whether the processes occur before, during, or after the day of the election.
75 (ii) "Municipal election" includes elections held under Chapter 4, Part 6, Municipal
76 Alternate Voting Methods Pilot Project.
77 (c) "Second-tier political subdivision" means a political subdivision other than a
78 county.
79 (2) This section relates to the 2023 municipal election only.
80 (3) (a) In relation to the 2023 municipal election, to the extent that the provisions of
81 this section conflict with any other provision of the Utah Code, the provisions of this section
82 take precedence.
83 (b) The counties, and not the second-tier political subdivisions, will conduct all
84 municipal elections in Utah in 2023.
85 (c) Except as provided in Subsection (4), any duties imposed by statute on, or powers
86 granted by statute to, a person described in Subsection 20A-1-102(23)(c) or (d) in relation to a
87 municipal election are instead, for the 2023 municipal election, imposed on and granted to the
88 applicable county election officer.
89 (d) Except as provided in Subsection (4), any duties imposed by statute on, or powers
90 granted by statute to, a second-tier political subdivision, the legislative body of a second-tier
91 political subdivision, or the executive of a second-tier political subdivision in relation to a
92 municipal election are instead, for the 2023 municipal election, imposed on and granted to the
93 applicable county, county legislative body, or county executive.
94 (e) For the 2023 municipal election, each municipality shall pay, to the county that
95 conducts the election for the municipality, the costs incurred by the county to conduct the
96 election.
97 (4) (a) Subsections (3)(c) and (d) do not apply to the extent that the duties are expressly
98 imposed on, or the powers are expressly granted to, another person under:
99 (i) a provision of this section other than Subsection (3)(c) or (d); or
100 (ii) Section 20A-1-208.
101 (b) To the extent necessary, the lieutenant governor may direct that a duty or power
102 described in Subsection (3)(c) or (d) remain with the person directed by statute, unless the duty
103 is expressly imposed on, or the power is expressly granted to, another person under:
104 (i) a provision of this section other than Subsection (3)(c) or (d); or
105 (ii) Section 20A-1-208.
106 (c) A second-tier political subdivision, the legislative body of a second-tier political
107 subdivision, the executive of a second-tier political subdivision, or a person described in
108 Subsection 20A-1-102(23)(c) or (d) shall cooperate with the applicable county, county election
109 officer, county legislative body, or county executive on whom a duty is imposed, or to whom
110 authority is granted, under this section to ensure the successful conduct the 2023 municipal
111 election.
112 (5) For the 2023 municipal election:
113 (a) the mayor and the municipal legislative body remain the board of canvassers for the
114 municipal election, but not for the special congressional election, and maintain all duties and
115 powers relating to the municipal election canvass;
116 (b) the legislative body of an entity that authorizes a bond election remains the board of
117 canvassers for the bond election, but not for the special congressional election, and maintains
118 all duties and powers relating to the canvass for the bond election; and
119 (c) the persons on whom duties are imposed, or to whom powers are granted, for a
120 local initiative or referendum remain in possession of those duties and powers, except to the
121 extent the lieutenant governor otherwise directs, if necessary, to provide for efficient conduct
122 of the 2023 municipal election.
123 (6) Notwithstanding Subsection 20A-1-102(23), for the 2023 municipal election, the
124 election officer for a municipality is:
125 (a) if the municipality is located entirely within a county, the county clerk; or
126 (b) if the municipality is located in more than one county, the county clerk of the
127 county designated by the lieutenant governor.
128 (7) Notwithstanding Subsection 20A-1-201.5(2) or Section 20A-9-404, the 2023
129 municipal primary election date is September 5, 2023.
130 (8) Notwithstanding Subsection 20A-1-202(1), the 2023 municipal general election
131 date is November 21, 2023.
132 (9) Notwithstanding Subsection 20A-3a-603(1)(c), the 2023 municipal election is not
133 exempt from the requirement that at least 10% of the voting devices at a polling place be
134 accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
135 America Vote Act of 2002.
136 (10) Subsection 20A-3a-601(3)(b) does not apply to the 2023 municipal election.
137 (11) Section 20A-3a-605 does not apply to the 2023 municipal election.
138 (12) Notwithstanding Subsection 11-14-207(1)(c), 20A-4-301(1)(b) or (2), or
139 20A-4-304(8), the canvassing deadlines for the 2023 municipal election are:
140 (a) September 19, 2023, for the 2023 municipal primary election; and
141 (b) December 6, 2023, for the 2023 municipal general election.
142 (13) In conducting the 2023 municipal primary election, the county shall, in relation to
143 a participating municipality, as defined in Section 20A-4-601, comply with the applicable
144 provisions of Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
145 Section 2. Section 20A-1-208 is enacted to read:
146 20A-1-208. Provisions relating to the 2023 special congressional election and the
147 2023 municipal election.
148 (1) As used in this section:
149 (a) "2023 municipal election" means the same as that term is defined in Subsection
150 20A-1-207(1).
151 (b) "Election proclamation" means the Writ of Election, Proclamation, and Notice of
152 Election 2023-1P, as issued by the governor on June 7, 2023.
153 (c) "Municipal election" means the same as that term is defined in Subsection
154 20A-1-207(1).
155 (d) "Second-tier political subdivision" means the same as that term is defined in
156 Subsection 20A-1-207(1).
157 (e) (i) "Special congressional election" means the special congressional election called
158 via the election proclamation.
159 (ii) "Special congressional election" includes:
160 (A) the special congressional primary election;
161 (B) the special congressional general election; and
162 (C) the processes relating to the elections described in Subsection (1)(e)(ii)(A) or (B),
163 regardless of whether the processes occur before, during, or after the day of the election.
164 (f) "Special congressional election county" means a county located, in whole or in part,
165 within the Second Congressional District of Utah.
166 (g) (i) "Special congressional general election" means the general election for the
167 special congressional election, scheduled by the election proclamation for November 21, 2023.
168 (ii) "Special congressional general election" includes the processes relating to the
169 election described in Subsection (1)(g)(i), regardless of whether the processes occur before,
170 during, or after the day of the election.
171 (h) (i) "Special congressional primary election" means the primary election for the
172 special congressional election, scheduled by the election proclamation for September 5, 2023.
173 (ii) "Special congressional primary election" includes the processes relating to the
174 election described in Subsection (1)(h)(i), regardless of whether the processes occur before,
175 during, or after the day of the election.
176 (2) This section relates only to the special congressional election and the 2023
177 municipal election.
178 (3) (a) Each county is directed to conduct the 2023 municipal election in accordance
179 with Section 20A-1-207 and the applicable requirements of this section.
180 (b) A special congressional election county is directed to conduct the special
181 congressional election in accordance with this section, Section 20A-1-502.5, and the election
182 proclamation.
183 (4) In relation to the special congressional election, the provisions of the election
184 proclamation prevail over any conflicting statutory provision except the provisions of this
185 section, Section 20A-1-207, and Section 20A-1-502.5.
186 (5) (a) Each county shall conduct the 2023 municipal elections for each municipality
187 for which the county clerk is the election officer under Subsection 20A-1-207(6), except to the
188 extent that an election is canceled for the municipality in accordance with Section 20A-1-206.
189 (b) A special congressional election county shall, regardless of whether the county is
190 required to conduct a municipal election under Subsection (3)(a), conduct the special
191 congressional election, in accordance with this section.
192 (c) Each county shall comply with Section 20A-5-401 for the 2023 municipal primary
193 election and the 2023 municipal general election.
194 (d) A special congressional election county shall comply with Section 20A-5-401 for
195 the special congressional primary election and the special congressional general election.
196 (e) In relation to the appointment of poll workers:
197 (i) a special congressional election county shall comply with the provisions of Section
198 20A-5-601 for the 2023 municipal election and the special congressional election; and
199 (ii) a county that is not a special congressional election county shall comply with the
200 provisions of Section 20A-5-602 for the 2023 municipal election.
201 (f) (i) For a special congressional election county, if a ballot for a primary election
202 includes items for both the special congressional primary election and the primary election for
203 the 2023 municipal election, the special congressional election county shall, to the extent
204 possible, comply with the ballot form requirements for both regular primary elections and
205 municipal primary elections.
206 (ii) For a special congressional election county, if a ballot for a general election
207 includes items for both the special congressional general election and the general election for
208 the 2023 municipal election, the special congressional election county shall, to the extent
209 possible, comply with the ballot form requirements for both regular general elections and
210 municipal general elections.
211 (iii) The lieutenant governor may approve ballot form changes in relation to ballots
212 described in Subsection (5)(f)(i) or (ii) only to the extent necessary.
213 (6) For purposes of the special congressional election:
214 (a) a registered political party is a qualified political party if the registered political
215 party certified as a qualified political party for the 2022 election cycle;
216 (b) for a registered political party that participates in the special congressional election:
217 (i) the registered political party shall, within seven days after the day of the effective
218 date of this bill, file a statement with the lieutenant governor that identifies one or more
219 registered political parties whose members may vote for the registered political party's
220 candidates in the special congressional primary election and states whether individuals
221 identified as unaffiliated with a political party may vote for the registered political party's
222 candidates; or
223 (ii) if the registered political party fails to timely file the statement described in
224 Subsection (6)(b)(i), the selection last made by the registered political party under Subsection
225 20A-9-403(2)(a)(ii) will apply for the special congressional primary election; and
226 (c) a registered political party that holds a convention for placing a candidate on the
227 special congressional primary election ballot shall notify the lieutenant governor of the date,
228 time, and location of the convention at least seven days before the day on which the convention
229 is held.
230 (7) The definition of election in Subsection 20A-1-102(19) includes the special
231 congressional primary election and the special congressional general election.
232 (8) The definition of primary convention in Subsection 20A-1-102(52) includes a
233 convention held to nominate a candidate for the special congressional primary election.
234 (9) Notwithstanding Section 20A-2-107 or 20A-2-107.5, a request by a registered voter
235 to change the voter's political party affiliation that is made, via a voter registration form or
236 otherwise, after the effective date of this bill, but before September 6, 2023, does not take
237 effect until September 6, 2023.
238 (10) Notwithstanding Chapter 4, Part 3, Canvassing Returns, the canvassing deadlines
239 for the special congressional election are:
240 (a) for the counties, September 19, 2023, for the special congressional primary election
241 and 5 p.m. on December 6, 2023, for the special congressional general election; and
242 (b) for the statewide canvass, December 8, 2023, for the special congressional general
243 election.
244 (11) The board of canvassers of each special congressional election county shall:
245 (a) for the special congressional primary election:
246 (i) on September 19, 2023, transmit to the lieutenant governor, via a secure electronic
247 method, the county totals for the special congressional primary election and the signed
248 canvassing report; and
249 (ii) on or before September 22, 2023, mail to the lieutenant governor a complete
250 tabulation showing voting totals for the special congressional primary election, precinct by
251 precinct; and
252 (b) for the special congressional general election:
253 (i) on December 6, 2023, transmit to the lieutenant governor, via a secure electronic
254 method, the county totals for the special congressional general election, and the signed
255 canvassing report, immediately upon adjournment of the board of canvassers; and
256 (ii) on or before December 9, 2023, mail to the lieutenant governor a complete
257 tabulation showing voting totals for the special congressional general election, precinct by
258 precinct.
259 (12) Notwithstanding Subsection 20A-3a-204(2)(a), except as otherwise provided in
260 Section 20A-16-404, to be valid for the special congressional primary election or the 2023
261 municipal primary election, a ballot must be:
262 (a) clearly postmarked on or before election day, or otherwise clearly marked by the
263 post office as received by the post office on or before election day; and
264 (b) received in the office of the election officer before noon on September 19, 2023.
265 (13) Notwithstanding Subsection 20A-4-403(1)(a), for the special congressional
266 general election, in contesting the results of elections, except for bond elections, a registered
267 voter may contest the right of an individual declared elected to office by filing a verified
268 written complaint with the district court of the county in which the registered voter resides
269 within 10 days after the day on which the canvass concludes.
270 (14) Notwithstanding Subsection 20A-4-404(1)(b), for a petition contesting the results
271 of the special congressional general election, the chief judge of the court having jurisdiction
272 shall issue the order described in Subsection 20A-4-404(1)(b) not less than 10, nor more than
273 15, days after the day on which the petition is filed.
274 (15) Notwithstanding Subsection 20A-4-406(2), in relation to the special congressional
275 general election, the deadline described in Subsection 20A-4-406(2) is changed from 10 days to
276 seven days.
277 (16) Notwithstanding Subsection 20A-16-402(1), an application for a military-overseas
278 ballot for the primary elections held on September 5, 2023, is timely if received before noon on
279 the day of the election.
280 Section 3. Section 63I-2-220 is amended to read:
281 63I-2-220. Repeal dates: Title 20A.
282 (1) Sections 20A-1-207 and 20A-1-208 are repealed May 1, 2024.
283 [
284 Project, is repealed January 1, 2026.
285 [
286 [
287 Section 4. Appropriation.
288 The following sums of money are appropriated for the fiscal year beginning July 1,
289 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
290 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
291 Act, the Legislature appropriates the following sums of money from the funds or accounts
292 indicated for the use and support of the government of the state of Utah.
293 ITEM 1
294 To Governor's Office -- Governor's Office
295 From General Fund, One-time
2,500,000
296 Schedule of Programs:
297 Lt. Governor's Office 2,500,000
298 The Legislature intends that:
299 (1) the lieutenant governor use up to $2,050,000 of this appropriation to reimburse
300 counties for only:
301 (a) the incremental cost of adding a special congressional election for the Second
302 Congressional District of Utah; and
303 (b) if the total amount reimbursed to all counties involved in the special congressional
304 election under Subsection (1)(a) is less than the maximum amount calculated under Subsection
305 (3) for all counties involved in the special congressional election, and less than $2,050,000, the
306 lieutenant governor may use the difference in the total amount reimbursed under Subsection
307 (1)(a) and the total maximum amount calculated under Subsection (3), toward reimbursing any
308 counties in Utah for amounts expended to run a municipal election that exceed the amount that
309 would have been incurred by the municipality if the county had not been required, under this
310 bill, to run the municipal election;
311 (2) except as provided in Subsection (1)(b), the lieutenant governor may not use any
312 portion of the appropriation in this bill to reimburse a county or municipality for any cost
313 associated with an election that otherwise would have taken place in a county or a
314 municipality;
315 (3) the actual amount reimbursed to a county under Subsection (1)(a) not exceed an
316 amount equal to $2.50 multiplied by the sum of the following:
317 (a) the number of special congressional primary election ballots mailed to registered
318 voters;
319 (b) the number of special congressional primary election ballots cast by registered
320 voters who did not receive a special congressional primary election ballot by mail;
321 (c) the number of special congressional general election ballots mailed to registered
322 voters; and
323 (d) the number of special congressional general election ballots cast by registered
324 voters who did not receive a special congressional general election ballot by mail;
325 (4) the lieutenant governor use up to $50,000 of this appropriation to pay for the
326 programming costs necessary to comply with the modified change of party affiliation
327 requirements described in Section 20A-1-208;
328 (5) the lieutenant governor use up to $400,000 for voter outreach regarding the
329 elections described in this bill;
330 (6) the lieutenant governor document the reimbursement described in Subsections (1)
331 through (3), the payment described in Subsection (4), and the expenditures made under
332 Subsection (5) in a manner that is verifiable via audit; and
333 (7) any amount of this appropriation not expended in accordance with Subsections (1)
334 through (5) lapse at the end of fiscal year 2024.
335 Section 5. Effective date.
336 If approved by two-thirds of all the members elected to each house, this bill takes effect
337 upon approval by the governor, or the day following the constitutional time limit of Utah
338 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
339 the date of veto override.
340 Section 6. Revisor instructions.
341 The Legislature intends that the Office of Legislative Research and General Counsel, in
342 preparing the Utah Code database for publication:
343 (1) in Subsection 20A-1-208(6)(b)(i), replace "within seven days after the day of" with
344 "on or before" and replace "the effective day of this bill" with the date that is seven days after
345 the actual effective date of this bill; and
346 (2) in Subsection 20A-1-208(9), replace "the effective date of this bill" with the actual
347 effective date of this bill.