1     
ELECTION CODE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Raymond P. Ward

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code to provide an open, top-two political
10     primary system in the state.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides that a regular primary election will be conducted as an open, top-two
15     political primary, where:
16               •     candidates compete against all other candidates for the same office, regardless
17     of whether the candidates are affiliated with the same political party, affiliated
18     with different political parties, or not affiliated with a party;
19               •     all registered voters in the applicable jurisdiction may vote in the primary
20     election for the candidates for each office, regardless of whether the candidates
21     are affiliated with the same political party as the voter, a different political party
22     than the voter, or no political party, and regardless of whether the voter is
23     affiliated with a political party; and
24               •     only the candidates, equal in number to twice the number of seats to be filled for
25     a particular office, who receive the highest number of votes at a regular primary
26     election will advance to the regular general election for that office, regardless of
27     whether the candidates are affiliated with the same political party, affiliated with
28     different political parties, or not affiliated with a party;
29          ▸     provides that, except for candidates for president or vice president of the United
30     States, a candidate may not participate in a regular general election unless the
31     candidate participates in the regular primary election for that office and advances to
32     the regular general election for that office in the manner described above;
33          ▸     describes the process for determining the results of a regular primary election
34     described in this bill;
35          ▸     addresses candidate and officeholder vacancies;
36          ▸     to clarify the difference between the three existing political party types, designates a
37     name for each political party type based on the procedures used by the political
38     party to qualify candidates for the regular primary election ballot, as follows:
39               •     a signature-convention party, formerly called a qualified political party, where
40     candidates may seek to qualify for the regular primary election ballot, as a
41     candidate for the party, through convention, signature-gathering, or both;
42               •     a signature-only party, formerly referred to as a type of registered political party
43     that is not a qualified political party, where candidates may seek to qualify for
44     the regular primary election ballot, as a candidate for the party, only through the
45     signature-gathering process; and
46               •     an alternate-path party, also formerly referred to as a type of registered political
47     party that is not a qualified political party, where candidates may seek to qualify
48     for the regular primary election ballot, as a candidate for the party, by any means
49     designated by the party, but are listed on the ballot without any indication of
50     party affiliation or party endorsement;
51          ▸     amends Election Code provisions in accordance with the open primary system and
52     the designation of political party type;
53          ▸     permits a political party to decide whether voters who are affiliated with other
54     political parties or who are unaffiliated may sign a petition to qualify an individual
55     for placement on the primary election ballot as a candidate for the political party;
56          ▸     consolidates signature-gathering requirements for signature-convention parties and
57     signature-only parties and modifies those requirements in accordance with the
58     decision of the political party described in the preceding paragraph;
59          ▸     consolidates certain other Election Code provisions in relation to political party
60     types;
61          ▸     modifies forms and election deadlines; and
62          ▸     makes technical and conforming changes.
63     Money Appropriated in this Bill:
64          None
65     Other Special Clauses:
66          This bill provides a special effective date.
67     Utah Code Sections Affected:
68     AMENDS:
69          20A-1-102, as last amended by Laws of Utah 2023, Chapters 15, 234 and 297
70          20A-1-201.5, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
71          20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
72          20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
73          20A-1-501, as last amended by Laws of Utah 2023, Chapter 234
74          20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
75          20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
76          20A-1-508, as last amended by Laws of Utah 2022, Chapters 13, 166 and 177
77          20A-1-509.1, as last amended by Laws of Utah 2022, Chapter 13
78          20A-1-1001, as enacted by Laws of Utah 2023, Chapter 116
79          20A-2-107, as last amended by Laws of Utah 2023, Chapters 45, 89 and last amended
80     by Coordination Clause, Laws of Utah 2023, Chapter 89
81          20A-3a-203, as renumbered and amended by Laws of Utah 2020, Chapter 31
82          20A-4-306, as last amended by Laws of Utah 2022, Chapter 18
83          20A-5-101, as last amended by Laws of Utah 2023, Chapters 45, 56, 106, 297, and 435
84          20A-5-102, as last amended by Laws of Utah 2022, Chapters 18, 170
85          20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
86          20A-6-301, as last amended by Laws of Utah 2021, Chapter 136
87          20A-6-302, as last amended by Laws of Utah 2020, Chapter 31
88          20A-6-304, as last amended by Laws of Utah 2021, Chapter 136
89          20A-8-103, as last amended by Laws of Utah 2023, Chapter 116
90          20A-8-401, as last amended by Laws of Utah 2019, Chapter 255
91          20A-9-101, as last amended by Laws of Utah 2023, Chapters 15, 45
92          20A-9-201, as last amended by Laws of Utah 2022, Chapters 13, 18
93          20A-9-201.5, as last amended by Laws of Utah 2023, Chapter 45
94          20A-9-202, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
95          20A-9-401, as enacted by Laws of Utah 1994, Chapter 1
96          20A-9-403, as last amended by Laws of Utah 2023, Chapter 116
97          20A-9-405, as last amended by Laws of Utah 2022, Chapter 325
98          20A-9-408, as last amended by Laws of Utah 2023, Chapter 116
99          20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
100          20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255 and 279
101          20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
102          20A-11-204, as last amended by Laws of Utah 2021, Chapter 20
103          20A-21-101, as enacted by Laws of Utah 2022, Chapter 325
104          63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
105     ENACTS:
106          20A-1-201.6, Utah Code Annotated 1953
107          20A-1-201.7, Utah Code Annotated 1953
108          20A-9-406.1, Utah Code Annotated 1953
109          20A-9-406.2, Utah Code Annotated 1953
110     REPEALS AND REENACTS:
111          20A-1-503, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
112          20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
113     REPEALS:
114          20A-1-504, as last amended by Laws of Utah 2020, Chapter 352
115          20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
116          20A-9-408.5, as last amended by Laws of Utah 2021, Chapter 183
117          20A-9-411, as enacted by Laws of Utah 2015, Chapter 296
118     

119     Be it enacted by the Legislature of the state of Utah:
120          Section 1. Section 20A-1-102 is amended to read:
121          20A-1-102. Definitions.
122          As used in this title:
123          (1) "Active voter" means a registered voter who has not been classified as an inactive
124     voter by the county clerk.
125          (2) "Affiliation status" means whether the candidate or voter is registered as affiliated
126     with a political party or registered as unaffiliated.
127          (3) "Alternate-path party" means a registered political party, described in Section
128     20A-9-406.2, that does not comply with the requirements to be a signature-convention party or
129     a signature-only party.
130          [(2)] (4) "Automatic tabulating equipment" means apparatus that automatically
131     examines and counts votes recorded on ballots and tabulates the results.
132          [(3)] (5) (a) "Ballot" means the storage medium, including a paper, mechanical, or
133     electronic storage medium, that records an individual voter's vote.
134          (b) "Ballot" does not include a record to tally multiple votes.
135          [(4)] (6) "Ballot proposition" means a question, issue, or proposal that is submitted to
136     voters on the ballot for their approval or rejection including:
137          (a) an opinion question specifically authorized by the Legislature;
138          (b) a constitutional amendment;
139          (c) an initiative;
140          (d) a referendum;
141          (e) a bond proposition;
142          (f) a judicial retention question;
143          (g) an incorporation of a city or town; or
144          (h) any other ballot question specifically authorized by the Legislature.
145          [(5)] (7) "Bind," "binding," or "bound" means securing more than one piece of paper
146     together using staples or another means in at least three places across the top of the paper in the
147     blank space reserved for securing the paper.
148          [(6)] (8) "Board of canvassers" means the entities established by Sections 20A-4-301
149     and 20A-4-306 to canvass election returns.
150          [(7)] (9) "Bond election" means an election held for the purpose of approving or
151     rejecting the proposed issuance of bonds by a government entity.
152          [(8)] (10) "Business reply mail envelope" means an envelope that may be mailed free
153     of charge by the sender.
154          [(9)] (11) "Canvass" means the review of election returns and the official declaration of
155     election results by the board of canvassers.
156          [(10)] (12) "Canvassing judge" means a poll worker designated to assist in counting
157     ballots at the canvass.
158          [(11)] (13) "Contracting election officer" means an election officer who enters into a
159     contract or interlocal agreement with a provider election officer.
160          [(12)] (14) "Convention" means the political party convention at which party officers
161     and delegates are selected.
162          [(13)] (15) "Counting center" means one or more locations selected by the election
163     officer in charge of the election for the automatic counting of ballots.
164          [(14)] (16) "Counting judge" means a poll worker designated to count the ballots
165     during election day.
166          [(15)] (17) "Counting room" means a suitable and convenient private place or room for
167     use by the poll workers and counting judges to count ballots.
168          [(16)] (18) "County officers" means those county officers that are required by law to be
169     elected.
170          [(17)] (19) "Date of the election" or "election day" or "day of the election":
171          (a) means the day that is specified in the calendar year as the day that the election
172     occurs; and
173          (b) does not include:
174          (i) deadlines established for voting by mail, military-overseas voting, or emergency
175     voting; or
176          (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
177     Voting.
178          [(18)] (20) "Elected official" means:
179          (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
180     Municipal Alternate Voting Methods Pilot Project;
181          (b) a person who is considered to be elected to a municipal office in accordance with
182     Subsection [20A-1-206(1)(c)(ii)] 20A-1-206(3)(b)(ii); or
183          (c) a person who is considered to be elected to a special district office in accordance
184     with Subsection [20A-1-206(3)(b)(ii)] 20A-1-206(5)(b)(ii).
185          [(19)] (21) "Election" means a regular general election, a municipal general election, a
186     statewide special election, a local special election, a regular primary election, a municipal
187     primary election, and a special district election.
188          [(20)] (22) "Election Assistance Commission" means the commission established by
189     the Help America Vote Act of 2002, Pub. L. No. 107-252.
190          [(21)] (23) "Election cycle" means the period beginning on the first day persons are
191     eligible to file declarations of candidacy and ending when the canvass is completed.
192          [(22)] (24) "Election judge" means a poll worker that is assigned to:
193          (a) preside over other poll workers at a polling place;
194          (b) act as the presiding election judge; or
195          (c) serve as a canvassing judge, counting judge, or receiving judge.
196          [(23)] (25) "Election officer" means:
197          (a) the lieutenant governor, for all statewide ballots and elections;
198          (b) the county clerk for:
199          (i) a county ballot and election; and
200          (ii) a ballot and election as a provider election officer as provided in Section
201     20A-5-400.1 or 20A-5-400.5;
202          (c) the municipal clerk for:
203          (i) a municipal ballot and election; and
204          (ii) a ballot and election as a provider election officer as provided in Section
205     20A-5-400.1 or 20A-5-400.5;
206          (d) the special district clerk or chief executive officer for:
207          (i) a special district ballot and election; and
208          (ii) a ballot and election as a provider election officer as provided in Section
209     20A-5-400.1 or 20A-5-400.5; or
210          (e) the business administrator or superintendent of a school district for:
211          (i) a school district ballot and election; and
212          (ii) a ballot and election as a provider election officer as provided in Section
213     20A-5-400.1 or 20A-5-400.5.
214          [(24)] (26) "Election official" means any election officer, election judge, or poll
215     worker.
216          [(25)] (27) "Election results" means:
217          (a) for an election other than a bond election, the count of votes cast in the election and
218     the election returns requested by the board of canvassers; or
219          (b) for bond elections, the count of those votes cast for and against the bond
220     proposition plus any or all of the election returns that the board of canvassers may request.
221          [(26)] (28) "Election returns" includes:
222          (a) the pollbook, the military and overseas absentee voter registration and voting
223     certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
224     ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
225     cast form; and
226          (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
227     ballot.
228          [(27)] (29) "Electronic signature" means an electronic sound, symbol, or process
229     attached to or logically associated with a record and executed or adopted by a person with the
230     intent to sign the record.
231          [(28)] (30) "Inactive voter" means a registered voter who is listed as inactive by a
232     county clerk under Subsection 20A-2-505(4)(c)(i) or (ii).
233          [(29)] (31) "Judicial office" means the office filled by any judicial officer.
234          [(30)] (32) "Judicial officer" means any justice or judge of a court of record or any
235     county court judge.
236          [(31)] (33) "Local election" means a regular county election, a regular municipal
237     election, a municipal primary election, a local special election, a special district election, and a
238     bond election.
239          [(32)] (34) "Local political subdivision" means a county, a municipality, a special
240     district, or a local school district.
241          [(33)] (35) "Local special election" means a special election called by the governing
242     body of a local political subdivision in which all registered voters of the local political
243     subdivision may vote.
244          [(34)] (36) "Manual ballot" means a paper document produced by an election officer on
245     which an individual records an individual's vote by directly placing a mark on the paper
246     document using a pen or other marking instrument.
247          [(35)] (37) "Mechanical ballot" means a record, including a paper record, electronic
248     record, or mechanical record, that:
249          (a) is created via electronic or mechanical means; and
250          (b) records an individual voter's vote cast via a method other than an individual directly
251     placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
252          [(36)] (38) "Municipal executive" means:
253          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
254          (b) the mayor in the council-manager form of government defined in Subsection
255     10-3b-103(7); or
256          (c) the mayor of a metro township form of government defined in Section 10-3b-102.
257          [(37)] (39) "Municipal general election" means the election held in municipalities and,
258     as applicable, special districts on the first Tuesday after the first Monday in November of each
259     odd-numbered year for the purposes established in Section 20A-1-202.
260          [(38)] (40) "Municipal legislative body" means:
261          (a) the council of the city or town in any form of municipal government; or
262          (b) the council of a metro township.
263          [(39)] (41) "Municipal office" means an elective office in a municipality.
264          [(40)] (42) "Municipal officers" means those municipal officers that are required by
265     law to be elected.
266          [(41)] (43) "Municipal primary election" means an election held to nominate
267     candidates for municipal office.
268          [(42)] (44) "Municipality" means a city, town, or metro township.
269          [(43)] (45) "Official ballot" means the ballots distributed by the election officer for
270     voters to record their votes.
271          [(44)] (46) "Official endorsement" means the information on the ballot that identifies:
272          (a) the ballot as an official ballot;
273          (b) the date of the election; and
274          (c) (i) for a ballot prepared by an election officer other than a county clerk, the
275     facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
276          (ii) for a ballot prepared by a county clerk, the words required by Subsection
277     20A-6-301(1)(b)(iii).
278          [(45)] (47) "Official register" means the official record furnished to election officials
279     by the election officer that contains the information required by Section 20A-5-401.
280          [(46)] (48) "Political party" means an organization of registered voters that has
281     qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
282     Formation and Procedures.
283          [(47)] (49) (a) "Poll worker" means a person assigned by an election official to assist
284     with an election, voting, or counting votes.
285          (b) "Poll worker" includes election judges.
286          (c) "Poll worker" does not include a watcher.
287          [(48)] (50) "Pollbook" means a record of the names of voters in the order that they
288     appear to cast votes.
289          [(49)] (51) "Polling place" means a building where voting is conducted.
290          [(50)] (52) "Position" means a square, circle, rectangle, or other geometric shape on a
291     ballot in which the voter marks the voter's choice.
292          [(51)] (53) "Presidential Primary Election" means the election established in Chapter 9,
293     Part 8, Presidential Primary Election.
294          [(52)] (54) "Primary convention" means the political party conventions held during the
295     year of the regular general election.
296          [(53)] (55) "Protective counter" means a separate counter, which cannot be reset, that:
297          (a) is built into a voting machine; and
298          (b) records the total number of movements of the operating lever.
299          [(54)] (56) "Provider election officer" means an election officer who enters into a
300     contract or interlocal agreement with a contracting election officer to conduct an election for
301     the contracting election officer's local political subdivision in accordance with Section
302     20A-5-400.1.
303          [(55)] (57) "Provisional ballot" means a ballot voted provisionally by a person:
304          (a) whose name is not listed on the official register at the polling place;
305          (b) whose legal right to vote is challenged as provided in this title; or
306          (c) whose identity was not sufficiently established by a poll worker.
307          [(56)] (58) "Provisional ballot envelope" means an envelope printed in the form
308     required by Section 20A-6-105 that is used to identify provisional ballots and to provide
309     information to verify a person's legal right to vote.
310          [(57)] (59) (a) "Public figure" means an individual who, due to the individual being
311     considered for, holding, or having held a position of prominence in a public or private capacity,
312     or due to the individual's celebrity status, has an increased risk to the individual's safety.
313          (b) "Public figure" does not include an individual:
314          (i) elected to public office; or
315          (ii) appointed to fill a vacancy in an elected public office.
316          [(58)] (60) "Qualify" or "qualified" means to take the oath of office and begin
317     performing the duties of the position for which the individual was elected.
318          [(59)] (61) "Receiving judge" means the poll worker that checks the voter's name in the
319     official register at a polling place and provides the voter with a ballot.
320          [(60)] (62) "Registration form" means a form by which an individual may register to
321     vote under this title.
322          [(61)] (63) "Regular ballot" means a ballot that is not a provisional ballot.
323          [(62)] (64) "Regular general election" means the election held throughout the state on
324     the first Tuesday after the first Monday in November of each even-numbered year for the
325     purposes established in Section 20A-1-201.
326          (65) "Regular partisan office" means the following offices:
327          (a) United States senator;
328          (b) United States representative;
329          (c) governor;
330          (d) lieutenant governor;
331          (e) state treasurer;
332          (f) state auditor;
333          (g) state senator;
334          (h) state representative;
335          (i) State Board of Education member; and
336          (j) a county office that is required to be filled by election.
337          [(63)] (66) "Regular primary election" means the election, held on the date specified in
338     Section 20A-1-201.5, to [nominate candidates of political parties] determine the candidates for
339     partisan office and the candidates for nonpartisan office, including local school board positions
340     [to], who will advance to the regular general election.
341          [(64)] (67) "Resident" means a person who resides within a specific voting precinct in
342     Utah.
343          [(65)] (68) "Return envelope" means the envelope, described in Subsection
344     20A-3a-202(4), provided to a voter with a manual ballot:
345          (a) into which the voter places the manual ballot after the voter has voted the manual
346     ballot in order to preserve the secrecy of the voter's vote; and
347          (b) that includes the voter affidavit and a place for the voter's signature.
348          [(66)] (69) "Sample ballot" means a mock ballot similar in form to the official ballot,
349     published as provided in Section 20A-5-405.
350          (70) "Signature-convention party" means a registered political party that complies with
351     the requirements described in Section 20A-9-406, including the requirement that the registered
352     political party permits a member of the registered political party to seek qualification for
353     placement on the regular primary election ballot, as a candidate for the registered political
354     party, by the member choosing to qualify by either or both of the following methods:
355          (a) through the registered political party's convention process, in accordance with the
356     provisions of Section 20A-9-406; or
357          (b) by collecting signatures, in accordance with the provisions of Section 20A-9-408.
358          (71) "Signature-only party" means a registered political party that complies with the
359     requirements described in Section 20A-9-406.1, including the requirement that the registered
360     political party permits a member of the registered political party to seek qualification for
361     placement of the regular primary election ballot, as a candidate for the registered political party,
362     using only the signature-gathering process described in Section 20A-9-408.
363          [(67)] (72) "Special district" means a local government entity under Title 17B, Limited
364     Purpose Local Government Entities - Special Districts, and includes a special service district
365     under Title 17D, Chapter 1, Special Service District Act.
366          [(68)] (73) "Special district officers" means those special district board members who
367     are required by law to be elected.
368          [(69)] (74) "Special election" means an election held as authorized by Section
369     20A-1-203.
370          [(70)] (75) "Spoiled ballot" means each ballot that:
371          (a) is spoiled by the voter;
372          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
373          (c) lacks the official endorsement.
374          [(71)] (76) "Statewide special election" means a special election called by the governor
375     or the Legislature in which all registered voters in Utah may vote.
376          [(72)] (77) "Tabulation system" means a device or system designed for the sole
377     purpose of tabulating votes cast by voters at an election.
378          [(73)] (78) "Ticket" means a list of:
379          (a) political parties;
380          (b) candidates for an office; or
381          (c) ballot propositions.
382          [(74)] (79) "Transfer case" means the sealed box used to transport voted ballots to the
383     counting center.
384          [(75)] (80) "Vacancy" means:
385          (a) except as provided in Subsection [(75)(b)] (80)(b), the absence of an individual to
386     serve in a position created by state constitution or state statute, whether that absence occurs
387     because of death, disability, disqualification, resignation, or other cause; or
388          (b) in relation to a candidate for a position created by state constitution or state statute,
389     the removal of a candidate due to the candidate's death, resignation, or disqualification.
390          [(76)] (81) "Valid voter identification" means:
391          (a) a form of identification that bears the name and photograph of the voter which may
392     include:
393          (i) a currently valid Utah driver license;
394          (ii) a currently valid identification card that is issued by:
395          (A) the state; or
396          (B) a branch, department, or agency of the United States;
397          (iii) a currently valid Utah permit to carry a concealed weapon;
398          (iv) a currently valid United States passport; or
399          (v) a currently valid United States military identification card;
400          (b) one of the following identification cards, whether or not the card includes a
401     photograph of the voter:
402          (i) a valid tribal identification card;
403          (ii) a Bureau of Indian Affairs card; or
404          (iii) a tribal treaty card; or
405          (c) two forms of identification not listed under Subsection [(76)(a) or (b)] (81)(a) or (b)
406     but that bear the name of the voter and provide evidence that the voter resides in the voting
407     precinct, which may include:
408          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
409     election;
410          (ii) a bank or other financial account statement, or a legible copy thereof;
411          (iii) a certified birth certificate;
412          (iv) a valid social security card;
413          (v) a check issued by the state or the federal government or a legible copy thereof;
414          (vi) a paycheck from the voter's employer, or a legible copy thereof;
415          (vii) a currently valid Utah hunting or fishing license;
416          (viii) certified naturalization documentation;
417          (ix) a currently valid license issued by an authorized agency of the United States;
418          (x) a certified copy of court records showing the voter's adoption or name change;
419          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
420          (xii) a currently valid identification card issued by:
421          (A) a local government within the state;
422          (B) an employer for an employee; or
423          (C) a college, university, technical school, or professional school located within the
424     state; or
425          (xiii) a current Utah vehicle registration.
426          [(77)] (82) "Valid write-in candidate" means a candidate who has qualified as a
427     write-in candidate by following the procedures and requirements of this title.
428          [(78)] (83) "Vote by mail" means to vote, using a manual ballot that is mailed to the
429     voter, by:
430          (a) mailing the ballot to the location designated in the mailing; or
431          (b) depositing the ballot in a ballot drop box designated by the election officer.
432          [(79)] (84) "Voter" means an individual who:
433          (a) meets the requirements for voting in an election;
434          (b) meets the requirements of election registration;
435          (c) is registered to vote; and
436          (d) is listed in the official register book.
437          [(80)] (85) "Voter registration deadline" means the registration deadline provided in
438     Section 20A-2-102.5.
439          [(81)] (86) "Voting area" means the area within six feet of the voting booths, voting
440     machines, and ballot box.
441          [(82)] (87) "Voting booth" means:
442          (a) the space or compartment within a polling place that is provided for the preparation
443     of ballots, including the voting enclosure or curtain; or
444          (b) a voting device that is free standing.
445          [(83)] (88) "Voting device" means any device provided by an election officer for a
446     voter to vote a mechanical ballot.
447          [(84)] (89) "Voting precinct" means the smallest geographical voting unit, established
448     under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
449          [(85)] (90) "Watcher" means an individual who complies with the requirements
450     described in Section 20A-3a-801 to become a watcher for an election.
451          [(86)] (91) "Write-in ballot" means a ballot containing any write-in votes.
452          [(87)] (92) "Write-in vote" means a vote cast for an individual, whose name is not
453     printed on the ballot, in accordance with the procedures established in this title.
454          Section 2. Section 20A-1-201.5 is amended to read:
455          20A-1-201.5. Primary election dates.
456          [(1) The regular primary election shall be held throughout the state on the fourth
457     Tuesday of June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
458     20A-9-408, as applicable, to nominate persons for:]
459          [(a) national, state, school board, and county offices; and]
460          [(b) offices for a metro township, city, or town incorporated under Section 10-2a-404.]
461          (1) The regular primary election shall be held throughout the state on the fourth
462     Tuesday of June of each even-numbered year to:
463          (a) determine the regular partisan candidates and nonpartisan candidates who will
464     advance to the regular general election; and
465          (b) elect officers for a new metro township, city, or town incorporated under Section
466     10-2a-404.
467          (2) A municipal primary election shall be held, if necessary, on the second Tuesday
468     following the first Monday in August before the regular municipal election to nominate persons
469     for municipal offices.
470          (3) A presidential primary election shall be held throughout the state on the first
471     Tuesday in March in the year in which a presidential election will be held.
472          Section 3. Section 20A-1-201.6 is enacted to read:
473          20A-1-201.6. Election system for regular partisan office -- Open, top-two primary.
474          (1) The primary election system for a regular partisan office will be an open, top-two
475     primary where:
476          (a) a candidate for a regular partisan office must compete in the regular primary
477     election against all other candidates for the same regular partisan office, regardless of the
478     candidate's party affiliation or affiliation status;
479          (b) all registered voters in the applicable jurisdiction for the regular partisan office may
480     vote in the regular primary election for that regular partisan office, regardless of the voters'
481     party affiliation or party affiliation status;
482          (c) except for an at-large office, only the two candidates who receive the highest
483     number of votes in the regular primary election for a regular partisan office will advance to the
484     regular general election for that regular partisan office, regardless of the affiliation status of the
485     candidates and regardless of whether the candidates are affiliated with the same political party
486     or different political parties;
487          (d) for an at-large office, only the candidates, equal in number to twice the number of
488     seats to be filled for that office, who receive the highest number of votes for that office, will
489     advance to the regular general election for that office, regardless of the affiliation status of the
490     candidates and regardless of whether the candidates are affiliated with the same political party
491     or different political parties; and
492          (e) a candidate may not participate in the regular general election for a regular partisan
493     office unless the candidate:
494          (i) participates in the primary election for that regular partisan office; and
495          (ii) advances to the general election for that regular partisan office in accordance with
496     Subsection (1)(c) or (d), as applicable.
497          (2) The primary election system described in this section applies to all primary
498     elections for a regular partisan office, regardless of whether the primary election is held to fill
499     the office:
500          (a) at the start of the normal term for the office; or
501          (b) due to a vacancy in the office.
502          (3) This section does not apply to an unaffiliated candidate for president of the United
503     States.
504          Section 4. Section 20A-1-201.7 is enacted to read:
505          20A-1-201.7. Election system for nonpartisan local school board office -- Top-two
506     primary.
507          The primary election system for a local school board office will be a top-two primary
508     where:
509          (1) a candidate for a local school board office must compete in the regular primary
510     election against all other candidates for the same local school board office;
511          (2) all registered voters in the applicable jurisdiction for the local school board office
512     may vote in the primary election for that local school board office;
513          (3) only the two candidates who receive the highest number of votes in the regular
514     primary election for a local school board office will advance to the regular general election for
515     that local school board office; and
516          (4) a candidate may not participate in the regular general election for a local school
517     board office unless the candidate:
518          (a) participates in the regular primary election for that local school board office; and
519          (b) advances to the regular general election for that local school board office in
520     accordance with Subsection (3).
521          Section 5. Section 20A-1-303 is amended to read:
522          20A-1-303. Determining results.
523          (1) For a regular primary election for a regular partisan office, other than an at-large
524     office, or for a local school board office:
525          (a) only the two candidates who receive the highest number of votes in the regular
526     primary election for that office will advance to the regular general election for that office;
527          (b) if two, and only two, of the candidates tie as having received the highest number of
528     votes in the regular primary election for that office, only those two candidates will advance to
529     the regular general election for that office;
530          (c) if three or more of the candidates tie as having received the highest number of votes
531     in the regular primary election for that office, the election officer shall, in accordance with
532     Subsection (3), break the tie, by lot, until only two candidates remain, and only the two
533     remaining candidates will advance to the regular general election for that office; or
534          (d) if a tie does not occur for the highest number of votes received by a candidate in the
535     regular primary election for that office, but a tie occurs for the candidate who receives the
536     second-highest number of votes in the regular primary election for that office:
537          (i) the candidate who received the highest number of votes will advance to the regular
538     general election for that office; and
539          (ii) the election officer shall, in accordance with Subsection (3), break the tie among
540     the candidates who received the second-highest number of votes, by lot, to determine the
541     candidate who will advance to the regular general election for that office to run against the
542     candidate described in Subsection (1)(d)(i).
543          (2) For a regular primary election for an at-large regular partisan office:
544          (a) only the candidates, equal in number to twice the number of seats to be filled for
545     that office, who receive the highest number of votes for that office, will advance to the regular
546     general election for that office; or
547          (b) if a tie occurs that, if not broken, would make it impossible to advance the exact
548     number of candidates entitled to advance to the regular general election under Subsection
549     (2)(a), the election officer shall, in accordance with Subsection (3), break the tie, by lot, to
550     determine the candidates who will advance to the regular general election for that office.
551          (3) An election officer who breaks a tie by lot under Subsection (1) or (2) shall break
552     the tie, in a public meeting, after providing at least 24 hours notice of the public meeting:
553          (a) as a class A notice under Section 63G-30-102, for the election officer's jurisdiction,
554     for at least 24 hours; and
555          (b) to each candidate involved in the tie.
556          [(1)] (4) (a) Except as [provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
557     Voting Methods Pilot Project,] otherwise provided for an election under Chapter 4, Part 6,
558     Municipal Alternate Voting Methods Pilot Project, or for a regular primary election, when one
559     person is to be elected or nominated, the person receiving the highest number of votes at any:
560          (i) election for any office to be filled at that election is elected to that office; and
561          (ii) primary for nomination for any office is nominated for that office.
562          (b) Except as [provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
563     Methods Pilot Project,] otherwise provided for an election under Chapter 4, Part 6, Municipal
564     Alternate Voting Methods Pilot Project, or for a regular primary election, when more than one
565     person is to be elected or nominated, the persons receiving the highest number of votes at any:
566          (i) election for any office to filled at that election are elected to that office; and
567          (ii) primary for nomination for any office are nominated for that office.
568          [(2)] (5) Any ballot proposition submitted to voters for their approval or rejection:
569          (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
570          (b) fails if:
571          (i) the number of "yes" votes equal the number of "no" votes; or
572          (ii) the number of "no" votes is greater than the number of "yes" votes.
573          (6) Subsections (1) through (3) do not apply to an unaffiliated candidate for president
574     of the United States.
575          Section 6. Section 20A-1-304 is amended to read:
576          20A-1-304. Tie votes.
577          Except for a regular primary election race for a regular partisan office, or a race
578     conducted by instant runoff voting under [Title 20A, Chapter 4, Part 6, Municipal Alternate
579     Voting Methods Pilot Project] Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
580     Project, if two or more candidates for a position have an equal and the highest number of votes
581     for any office, the election officer shall, in a public meeting held within 30 days after the day
582     on which the canvass is completed, determine the candidate selected, by lot, in the presence of
583     each candidate subject to the tie.
584          Section 7. Section 20A-1-501 is amended to read:
585          20A-1-501. Candidate vacancies -- Procedure for filling.
586          (1) As used in this section, "central committee" means:
587          (a) the state central committee of a political party, for a candidate for:
588          (i) United States senator, United States representative, governor, lieutenant governor,
589     attorney general, state treasurer, or state auditor; or
590          (ii) state legislator if the legislative district encompasses all or a portion of more than
591     one county; or
592          (b) the county central committee of a political party, for a party candidate seeking an
593     office, other than an office described in Subsection (1)(a), elected at an election held in an
594     even-numbered year.
595          (2) Except as provided in Subsection (5), the central committee may certify the name
596     of another candidate for a regular partisan office to the appropriate election officer if:
597          (a) in relation to a regular primary election race for a regular partisan office:
598          (i) the number of candidates for a registered political party that have filed a declaration
599     of candidacy and may qualify, or have qualified, for placement on the regular primary election
600     ballot does not exceed twice the number of seats to be filled for that office;
601          (ii) after the close of the period for filing a declaration of candidacy and before the day
602     on which the lieutenant governor provides the list described in Subsection 20A-9-403(6)(a),
603     one or more of the candidates described in Subsection (2)(a)(i) dies, resigns as a candidate, or
604     is disqualified as a candidate; and
605          (iii) the central committee provides written certification of the replacement candidate
606     to the appropriate election officer before the day on which the lieutenant governor provides the
607     list described in Subsection 20A-9-403(6)(a); or
608          (b) in relation to a regular general election race for a regular partisan office:
609          (i) one or more candidates for a registered political party advanced to the regular
610     general election ballot;
611          (ii) one or more of the candidates described in Subsection (2)(b)(i) dies, resigns as a
612     candidate, or is disqualified as a candidate; and
613          (iii) the central committee provides written certification of replacement candidates, up
614     to the number vacancies that occur under Subsection (2)(b)(ii), to the appropriate election
615     officer before the day on which the lieutenant governor provides the list described in
616     Subsection 20A-9-403(6)(a).
617          [(2) Except as provided in Subsection (6), the central committee may certify the name
618     of another candidate to the appropriate election officer if:]
619          [(a) for a registered political party that will have a candidate on a ballot in a primary
620     election:]
621          [(i) after the close of the period for filing a declaration of candidacy and continuing
622     through the day before the day on which the lieutenant governor provides the list described in
623     Subsection 20A-9-403(4)(a), only one or two candidates from that party have filed a
624     declaration of candidacy for that office and one or both dies, resigns as a candidate, or is
625     disqualified as a candidate; and]
626          [(ii) the central committee provides written certification of the replacement candidate
627     to the appropriate election officer before the day on which the lieutenant governor provides the
628     list described in Subsection 20A-9-403(4)(a); and]
629          [(b) for a registered political party that does not have a candidate on the ballot in a
630     primary, but will have a candidate on the ballot for a regular general election:]
631          [(i) after the close of the period for filing a declaration of candidacy and continuing
632     through the day before the day on which the lieutenant governor makes the certification
633     described in Section 20A-5-409, the party's candidate dies, resigns as a candidate, or is
634     disqualified as a candidate; and]
635          [(ii) the central committee provides written certification of the replacement candidate
636     to the appropriate election officer before the day on which the lieutenant governor makes the
637     certification described in Section 20A-5-409; or]
638          [(c) for a registered political party with a candidate certified as winning a primary
639     election:]
640          [(i) after the close of the period for filing a declaration of candidacy and continuing
641     through the day before the day on which the lieutenant governor makes the certification
642     described in Section 20A-5-409, the party's candidate dies, resigns as a candidate, or is
643     disqualified as a candidate; and]
644          [(ii) the central committee provides written certification of the replacement candidate
645     to the appropriate election officer before the day on which the lieutenant governor makes the
646     certification described in Section 20A-5-409.]
647          [(3) If no more than two candidates from a political party have filed a declaration of
648     candidacy for an office elected at a regular general election and one resigns to become the party
649     candidate for another position, the central committee of that political party may certify the
650     name of another candidate to the appropriate election officer.]
651          [(4)] (3) Each replacement candidate shall file a declaration of candidacy as required
652     by [Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy]
653     Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
654          [(5)] (4) (a) The name of a candidate who is certified under Subsection (2)(a) after the
655     deadline described in Subsection [(2)(a)(ii)] (2)(a)(iii) may not appear on the primary election
656     ballot.
657          (b) The name of a candidate who is certified under Subsection (2)(b) after the deadline
658     described in Subsection [(2)(b)(ii)] (2)(b)(iii) may not appear on the general election ballot.
659          [(c) The name of a candidate who is certified under Subsection (2)(c) after the deadline
660     described in Subsection (2)(c)(ii) may not appear on the general election ballot.]
661          [(6)] (5) A political party may not replace a candidate who is disqualified for failure to
662     timely file a campaign disclosure financial report under [Title 20A, Chapter 11, Campaign and
663     Financial Reporting Requirements] Chapter 11, Campaign and Financial Reporting
664     Requirements, or Section 17-16-6.5.
665          [(7) This section does not apply to a candidate vacancy for a nonpartisan office.]
666          Section 8. Section 20A-1-502 is amended to read:
667          20A-1-502. Midterm vacancy in office of United States senator.
668          (1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office
669     of United States senator, the governor shall, within seven days after the day on which the
670     vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
671     that:
672          (a) sets a date for a primary congressional special election, and a later date for a general
673     congressional special election, on the same day as one of the following elections:
674          (i) a municipal general election;
675          (ii) a presidential primary election;
676          (iii) a regular primary election; or
677          (iv) a regular general election;
678          (b) sets the date of the primary congressional special election on the same day as the
679     next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
680     day on which the governor issues the proclamation;
681          (c) sets the date of the general special congressional election on the same day as the
682     next election described in Subsection (1)(a) that is more than 90 days after the primary special
683     congressional election described in Subsection (1)(b);
684          (d) provides each [registered political party that is not a qualified political]
685     alternate-path party at least 21 days, but no more than 28 days, to select one candidate, in a
686     manner determined by the [registered political] party, to qualify for placement on the primary
687     election ballot as a candidate for the [registered political] party;
688          (e) for each signature-only party, provides at least 21 days, but no more than 28 days,
689     for a member of the party to submit signatures to qualify for placement on the primary election
690     ballot, as a candidate for the party, using the signature-gathering process described in Section
691     20A-9-408;
692          [(e)] (f) for each [qualified political] signature-convention party, provides at least 21
693     days, but no more than 28 days:
694          (i) for the [qualified political] party to select one candidate, using the convention
695     process described in Section [20A-9-407,] 20A-9-406, for placement on the primary election
696     ballot as a candidate for the [qualified] political party; and
697          (ii) for a member of the [qualified political] party to submit signatures to qualify for
698     placement on the primary election ballot, as a candidate for the [qualified political] party, using
699     the signature-gathering process described in Section 20A-9-408;
700          [(f)] (g) consistent with the requirements of this section, establishes the deadlines, time
701     frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
702     other election requirements; and
703          [(g)] (h) requires an election officer to comply with the requirements of Chapter 16,
704     Uniform Military and Overseas Voters Act.
705          (2) (a) The governor may set a date for a primary special congressional election or a
706     general special congressional election on a date other than a date described in Subsection (1)(a)
707     if:
708          (i) on the same day on which the governor issues the proclamation described in
709     Subsection (1) the governor calls a special session for the Legislature to appropriate money to
710     hold the election on a different day; or
711          (ii) if the governor issues the proclamation described in Subsection (1) on or after
712     January 1, but before the end of the general session of the Legislature, and requests in the
713     proclamation described in Subsection (1) that the Legislature appropriate money to hold the
714     election on a different day.
715          (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the
716     election on a different day, the proclamation described in Subsection (1) is void and the
717     governor shall, within seven days after the day on which the Legislature declines to appropriate
718     money to hold the election on a different day, issue a proclamation, in accordance with
719     Subsection (1), that sets the special congressional primary and general elections on dates
720     described in Subsections (1)(a)(i) through (iv).
721          (3) A special congressional election to fill a vacancy in the office of United States
722     senator will not be held if:
723          (a) the next regular general election that occurs after the day on which the vacancy
724     occurs is the regular general election that occurs immediately before the six-year term for the
725     senate office ends; and
726          (b) the vacancy occurs after August 1 of the year before the regular general election
727     described in Subsection (3)(a).
728          (4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the
729     office of United States senator from one of three individuals nominated by the Legislature,
730     each of whom is a member of the political party of which the prior officeholder was a member
731     at the time the prior officeholder was elected.
732          (b) The individual appointed under Subsection (4)(a) shall serve as United States
733     senator until the earlier of the day on which:
734          (i) the vacancy is filled by election under Subsection (1) or (2); or
735          (ii) the six-year term for the senate office ends.
736          (5) An individual elected to fill a vacancy under this section shall serve until the end of
737     the current term in which the vacancy filled by the election occurs.
738          (6) A vacancy in the office of United States senator does not occur unless the senator:
739          (a) has left the office; or
740          (b) submits an irrevocable letter of resignation to the governor or to the president of the
741     United States Senate.
742          Section 9. Section 20A-1-502.5 is amended to read:
743          20A-1-502.5. Midterm vacancy in office of United States representative.
744          (1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office
745     of United States representative, the governor shall, within seven days after the day on which the
746     vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy
747     that:
748          (a) sets a date for a primary congressional special election, and a later date for a general
749     congressional special election, on the same day as one of the following elections:
750          (i) a municipal general election;
751          (ii) a presidential primary election;
752          (iii) a regular primary election; or
753          (iv) a regular general election;
754          (b) sets the date of the primary congressional special election on the same day as the
755     next election described in Subsections (1)(a)(i) through (iv) that is more than 90 days after the
756     day on which the governor issues the proclamation;
757          (c) sets the date of the general special congressional election on the same day as the
758     next election described in Subsection (1)(a) that is more than 90 days after the primary special
759     congressional election described in Subsection (1)(b);
760          [(d) provides each registered political party that is not a qualified political party at least
761     21 days, but no more than 28 days, to select one candidate, in a manner determined by the
762     registered political party, as a candidate for the registered political party;]
763          [(e)] (d) for each [qualified] signature-convention political party, provides at least 21
764     days, but no more than 28 days:
765          (i) for the [qualified political] party to select one candidate, using the convention
766     process described in Section [20A-9-407,] 20A-9-406, for a member of the party to qualify for
767     placement on the primary election ballot as a candidate for the [qualified political] party; and
768          (ii) for a member of the [qualified political] party to submit signatures to qualify for
769     placement on the primary election ballot, as a candidate for the [qualified political] party, using
770     the signature-gathering process described in Section 20A-9-408;
771          (e) for each signature-only party, provides at least 21 days, but no more than 28 days,
772     for a member of the party to submit signatures to qualify for placement on the primary election
773     ballot, as a candidate for the party, using the signature-gathering process described in Section
774     20A-9-408;
775          (f) provides each alternate-path party at least 21 days, but no more than 28 days, to
776     select one candidate, in a manner determined by the party, to qualify for placement on the
777     primary election ballot as a candidate for the party;
778          [(f)] (g) consistent with the requirements of this section, establishes the deadlines, time
779     frames, and procedures for filing a declaration of candidacy, giving notice of an election, and
780     other election requirements; and
781          [(g)] (h) requires an election officer to comply with the requirements of Chapter 16,
782     Uniform Military and Overseas Voters Act.
783          (2) The governor may set a date for a primary special congressional election or a
784     general special congressional election on a date other than a date described in Subsection (1)(a)
785     if:
786          (a) on the same day on which the governor issues the proclamation described in
787     Subsection (1) the governor calls a special session for the Legislature to appropriate money to
788     hold the election on a different day; or
789          (b) if the governor issues the proclamation described in Subsection (1) on or after
790     January 1, but before the end of the general session of the Legislature, and requests in the
791     proclamation described in Subsection (1) that the Legislature appropriate money to hold the
792     election on a different day.
793          (3) If the Legislature does not, under Subsection (2), appropriate money to hold the
794     election on a different day, the proclamation described in Subsection (1) is void and the
795     governor shall, within seven days after the day on which the Legislature declines to appropriate
796     money to hold the election on a different day, issue a proclamation, in accordance with
797     Subsection (1), that sets the special congressional primary and general elections on dates
798     described in Subsections (1)(a)(i) through (iv).
799          (4) A special congressional election to fill a vacancy in the office of United States
800     representative will not be held if the vacancy occurs fewer than 180 days before the next
801     regular general election.
802          (5) An individual who fills a vacancy under this section shall serve until the end of the
803     current term in which the vacancy occurs.
804          (6) A vacancy in the office of United States representative does not occur unless the
805     representative:
806          (a) has left the office; or
807          (b) submits an irrevocable letter of resignation to the governor or to the speaker of the
808     United States House of Representatives.
809          Section 10. Section 20A-1-503 is repealed and reenacted to read:
810          20A-1-503. Midterm vacancies in the offices of legislator, attorney general, state
811     treasurer, State Board of Education member, or lieutenant governor.
812          (1) As used in this section, "party liaison" means the political party officer designated
813     under Section 20A-8-402 to serve as a liaison with the lieutenant governor on all matters
814     relating to the political party's relationship with the state.
815          (2) When a vacancy occurs for any reason in the office of representative in the
816     Legislature, the governor shall fill the vacancy:
817          (a) if the prior representative was a member of a political party, by immediately
818     appointing the individual whose name is submitted by the party liaison of the same political
819     party as the prior representative; or
820          (b) if the prior representative was not a member of a political party, by appointing, with
821     the advice and consent of the Senate, an individual who meets the qualifications and residency
822     requirements for filling the vacancy.
823          (3) When a vacancy occurs for any reason in the office of senator in the Legislature:
824          (a) the governor shall fill the vacancy:
825          (i) if the prior senator was a member of a political party, by immediately appointing the
826     individual whose name is submitted by the party liaison of the same political party as the prior
827     senator; or
828          (ii) if the prior senator was not a member of a political party, by appointing, with the
829     advice and consent of the Senate, an individual who meets the qualifications and residency
830     requirements for filling the vacancy; and
831          (b) the individual appointed under Subsection (3)(a) shall serve until:
832          (i) the vacancy is filled under Subsection (6)(a) or (b); or
833          (ii) as applicable, Subsection (6)(c).
834          (4) When a vacancy occurs for any reason in the office of attorney general, state
835     treasurer, state auditor, or State Board of Education:
836          (a) the governor shall fill the vacancy:
837          (i) if the prior officeholder was a member of a political party, by immediately
838     appointing the individual whose name is submitted by the party liaison of the same political
839     party as the prior officeholder; or
840          (ii) if the prior officeholder was not a member of a political party, by appointing, with
841     the advice and consent of the Senate, an individual who meets the qualifications and residency
842     requirements for filling the vacancy; and
843          (b) the individual appointed under Subsection (4)(a) shall serve until:
844          (i) the vacancy is filled under Subsection (6)(a) or (b); or
845          (ii) as applicable, Subsection (6)(c).
846          (5) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
847     advice and consent of the Senate, appoint a person to hold the office until the next regular
848     general election at which the governor stands for election.
849          (6) When a vacancy occurs for any reason in an office described in Subsection (3) or
850     (4), the vacancy shall be filled as follows:
851          (a) if the vacancy occurs on or before December 15 of the first year of the office's term,
852     the vacancy shall be filled in the regular election cycle that is held during the second year of the
853     office's term;
854          (b) if the vacancy occurs after December 15 of the first year of the office's term, but on
855     or before the third Tuesday of the following March:
856          (i) the vacancy shall be filled in the regular election cycle that is held during the second
857     year of the office's term;
858          (ii) the lieutenant governor shall, no later than seven days after the day on which the
859     vacancy occurs, issue a written order that, for the office:
860          (A) establishes a declaration of candidacy period that is at least three business days in
861     length, but no more than five business days in length;
862          (B) provides at least 21 days, but no more than 28 days, for a candidate of a
863     signature-convention party or a signature-only party to gather signatures, via the
864     signature-gathering process described in Section 20A-9-408, to qualify for placement on the
865     regular primary election ballot;
866          (C) provides at least 21 days, but no more than 28 days for a signature-convention
867     party to select one or two candidates, via the convention process described in Section
868     20A-9-406, to qualify for placement on the regular primary election ballot;
869          (D) provides at least 21 days, but no more than 28 days, for an alternate-path party to
870     select one or two candidates, in a manner determined by the alternate-path party, to qualify for
871     placement on the regular primary election ballot;
872          (E) provides at least 21 days, but no more than 28 days, for an unaffiliated candidate to,
873     via the process described in Chapter 9, Part 5, Candidates not Affiliated with a Party, qualify
874     for placement on the regular primary election ballot; and
875          (F) establishes other requirements and deadlines, consistent with the provisions of this
876     title, as necessary to permit the candidate qualification process to proceed as normally as
877     possible; and
878          (iii) the lieutenant governor shall:
879          (A) give notice of the election, in accordance with Section 20A-5-101; and
880          (B) on the same day on which the lieutenant governor issues the order described in
881     Subsection (6)(b)(ii), publish notice for the applicable jurisdiction, as a class A notice under
882     Section 63G-30-102, until the day after the day of the regular primary election; or
883          (c) if the vacancy occurs after the third Tuesday of March in the second year of the
884     office's term, the individual appointed under Subsection (3)(a) or (4)(a) shall serve until the end
885     of the term during which the vacancy occurs.
886          Section 11. Section 20A-1-508 is amended to read:
887          20A-1-508. Midterm vacancies in county elected offices -- Temporary manager --
888     Interim replacement.
889          (1) As used in this section:
890          (a) (i) "County offices" includes the county executive, members of the county
891     legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
892     the county recorder, the county surveyor, and the county assessor.
893          (ii) "County offices" does not include the office of county attorney, district attorney, or
894     judge.
895          (b) "Party liaison" means the political party officer designated to serve as a liaison with
896     each county legislative body on all matters relating to the political party's relationship with a
897     county as required by Section 20A-8-401.
898          (2) (a) Except as provided in Subsection (2)(d), until a county legislative body appoints
899     an interim replacement to fill a vacant county office under Subsection (3), the following shall
900     temporarily discharge the duties of the county office as a temporary manager:
901          (i) for a county office with one chief deputy, the chief deputy;
902          (ii) for a county office with more than one chief deputy:
903          (A) the chief deputy with the most cumulative time served as a chief deputy for the
904     county office; or
905          (B) notwithstanding Subsection (2)(a)(ii)(A), if, before the vacating county officer
906     vacates the office, the county officer files with the county clerk a written statement designating
907     one of the county officer's chief deputies to discharge the duties of the county office in the
908     event the county officer vacates the office, the designated chief deputy; or
909          (iii) for a county office without a chief deputy:
910          (A) if one management-level employee serving under the county office has a
911     higher-seniority management level than any other employee serving under the county office,
912     that management-level employee;
913          (B) if two or more management-level employees serving under the county office have
914     the same and highest-seniority management level, the highest-seniority management-level
915     employee with the most cumulative time served in the employee's current position; or
916          (C) notwithstanding Subsection (2)(a)(iii)(A) or (B), if, before the vacating county
917     officer vacates the office, the county officer files with the county clerk a written statement
918     designating one of the county officer's employees to discharge the county officer's duties in the
919     event the county officer vacates the office, the designated employee.
920          (b) Except as provided in Subsection (2)(c), a temporary manager described in
921     Subsection (2)(a) who temporarily discharges the duties of a county office holds the powers
922     and duties of the county office until the county legislative body appoints an interim
923     replacement under Subsection (3).
924          (c) The temporary manager described in Subsection (2)(a) who temporarily discharges
925     the duties of a county office:
926          (i) may not take an oath of office for the county office as a temporary manager;
927          (ii) shall comply with Title 17, Chapter 36, Uniform Fiscal Procedures Act for
928     Counties, and the county's budget ordinances and policies;
929          (iii) unless approved by the county legislative body, may not change the compensation
930     of an employee;
931          (iv) unless approved by the county legislative body, may not promote or demote an
932     employee or change an employee's job title;
933          (v) may terminate an employee only if the termination is conducted in accordance with:
934          (A) personnel rules described in Subsection 17-33-5(4) that are approved by the county
935     legislative body; and
936          (B) applicable law;
937          (vi) unless approved by the county legislative body, may not exceed by more than 5%
938     an expenditure that was planned before the county office for which the temporary manager
939     discharges duties was vacated;
940          (vii) except as provided in Subsection (2)(c)(viii), may not receive a change in title or
941     compensation; and
942          (viii) if approved by the county legislative body, may receive a performance award
943     after:
944          (A) the county legislative body appoints an interim replacement under Subsection (3);
945     and
946          (B) the interim replacement is sworn into office.
947          (d) This Subsection (2) does not apply to a vacancy in the office of county legislative
948     body member.
949          (3) (a) Until a replacement is selected as provided in this section and has qualified, the
950     county legislative body shall appoint an interim replacement to fill the vacant office by
951     following the procedures and requirements of this Subsection (3).
952          (b) (i) To appoint an interim replacement, the county legislative body shall, within 10
953     days after the day on which the vacancy occurs, give notice of the vacancy to the party liaison
954     of the same political party of the prior office holder and invite that party liaison to submit the
955     name of an individual to fill the vacancy.
956          (ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
957     liaison receives the notice described in Subsection (3)(b)(i), or if the party liaison does not
958     receive the notice, before 5 p.m. within 40 days after the day on which the vacancy occurs,
959     submit to the county legislative body the name of an individual the party selects in accordance
960     with the party's constitution or bylaws to serve as the interim replacement.
961          (iii) The county legislative body shall, no later than five days after the day on which a
962     party liaison submits the name of the individual to serve as the interim replacement, appoint the
963     individual to serve out the unexpired term.
964          (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
965     vacancy in accordance with Subsection (3)(b)(iii), the county clerk shall, no later than five days
966     after the day of the deadline described in Subsection (3)(b)(iii), send to the governor a letter
967     that:
968          (A) informs the governor that the county legislative body has failed to appoint a
969     replacement within the statutory time period; and
970          (B) contains the name of the individual submitted by the party liaison to fill the
971     vacancy.
972          (ii) The governor shall, within 10 days after the day on which the governor receives the
973     letter described in Subsection (3)(c)(i), appoint the individual named by the party liaison as an
974     interim replacement to fill the vacancy.
975          (d) An individual appointed as interim replacement under this Subsection (3) shall hold
976     office until a successor is elected and has qualified.
977          (4) (a) The requirements of this Subsection (4) apply to all county offices that become
978     vacant if:
979          (i) the vacant office has an unexpired term of two years or more; and
980          (ii) the vacancy occurs after the election at which the officeholder was elected, but
981     before the first day of the declaration of candidacy filing period described in Section
982     20A-9-201.5.
983          (b) (i) When the conditions described in Subsection (4)(a) are met, the county clerk
984     shall as soon as practicable, but no later than 180 days before the next regular general election,
985     notify the public and each registered political party that the vacancy exists.
986          (ii) An individual intending to become a party candidate for the vacant office shall file
987     a declaration of candidacy in accordance with:
988          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
989          (B) for a county commission office, Subsection 17-52a-201(6) or 17-52a-202(6), if
990     applicable.
991          (iii) An individual who [is nominated as] qualifies as a party candidate[, who qualifies
992     as] for the vacant office, an unaffiliated candidate for the vacant office under Chapter 9, Part 5,
993     Candidates not Affiliated with a Party, or [who qualifies as] a write-in candidate for the vacant
994     office under Chapter 9, Part 6, Write-in Candidates, shall run in the regular [general] primary
995     election.
996          (5) (a) The requirements of this Subsection (5) apply to all county offices that become
997     vacant if:
998          (i) the vacant office has an unexpired term of two years or more; and
999          (ii) the vacancy occurs on or after the first day of the declaration of candidacy filing
1000     period described in Section 20A-9-201.5, but more than 75 days before the regular primary
1001     election.
1002          (b) When the conditions described in Subsection (5)(a) are met, the county clerk shall
1003     as soon as practicable, but no later than 70 days before the next regular primary election, notify
1004     the public and each registered political party:
1005          (i) that the vacancy exists; and
1006          (ii) of the deadlines described in Subsection (5)(c)(i) and the deadlines established
1007     under Subsection (5)(d)(ii).
1008          (c) (i) An individual intending to become a party candidate for a vacant office shall,
1009     within five days after the day on which the notice is given, ending at the close of normal office
1010     hours on the fifth day, file a declaration of candidacy for the vacant office in accordance with:
1011          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
1012          (B) for a county commission office, Subsection 17-52a-201(6) or 17-52a-202(6), if
1013     applicable.
1014          (ii) The county central committee of each party shall:
1015          (A) select a candidate or candidates from among those qualified candidates who have
1016     filed declarations of candidacy; and
1017          (B) certify the name of the candidate or candidates to the county clerk as soon as
1018     practicable, but before 5 p.m. no later than 60 days before the day of the regular primary
1019     election.
1020          (d) (i) Except as provided in Subsection (5)(d)(ii), an individual intending to become a
1021     candidate for a vacant office who does not wish to affiliate with a registered political party
1022     shall file a verified certificate of nomination described in Section 20A-9-502 with the county
1023     clerk in accordance with Chapter 9, Part 5, Candidates not Affiliated with a Party.
1024          (ii) (A) The county clerk shall establish, in the clerk's reasonable discretion, a deadline
1025     that is before 5 p.m. no later than 65 days before the day of the next regular general election by
1026     which an individual who is not affiliated with a registered political party is required to submit a
1027     certificate of nomination under Subsection (5)(d)(i).
1028          (B) The county clerk shall establish the deadline described in Subsection (5)(d)(ii)(A)
1029     in a manner that gives an unaffiliated candidate an equal opportunity to access the regular
1030     general election ballot.
1031          (e) An individual who [is nominated] qualifies as a party candidate for the vacant
1032     office, [who qualifies as] an unaffiliated candidate for the vacant office under Chapter 9, Part 5,
1033     Candidates not Affiliated with a Party, or [who qualifies as] a write-in candidate for the vacant
1034     office under Chapter 9, Part 6, Write-in Candidates, shall run in the regular [general] primary
1035     election.
1036          (6) (a) The requirements of this Subsection (6) apply to all county offices that become
1037     vacant:
1038          (i) if the vacant office has an unexpired term of two years or more; and
1039          (ii) when 75 days or less remain before the day of the regular primary election but more
1040     than 65 days remain before the day of the regular general election.
1041          (b) When the conditions described in Subsection (6)(a) are met, the county clerk shall,
1042     as soon as practicable, notify the public and each registered political party:
1043          (i) that the vacancy exists; and
1044          (ii) of the deadlines established under Subsection (6)(d).
1045          (c) (i) Before the deadline that the county clerk establishes under Subsection
1046     (6)(d)(i)(A), the county central committee of each registered political party that wishes to
1047     submit a candidate for the office shall certify the name of one candidate to the county clerk for
1048     placement on the regular general election ballot.
1049          (ii) Before the deadline that the county clerk establishes under Subsection (6)(d)(i)(B),
1050     a candidate who does not wish to affiliate with a registered political party shall file a verified
1051     certificate of nomination described in Section 20A-9-502 with the county clerk in accordance
1052     with Chapter 9, Part 5, Candidates not Affiliated with a Party.
1053          (iii) Before the deadline that the county clerk establishes under Subsection (6)(d)(i)(C),
1054     a write-in candidate shall submit to the county clerk a declaration of candidacy described in
1055     Section 20A-9-601.
1056          (d) (i) The county clerk shall establish, in the clerk's reasonable discretion, deadlines
1057     that are before 5 p.m. no later than 65 days before the day of the next regular general election
1058     by which:
1059          (A) a registered political party is required to certify a name under Subsection (6)(c)(i);
1060          (B) an individual who does not wish to affiliate with a registered political party is
1061     required to submit a certificate of nomination under Subsection (6)(c)(ii); and
1062          (C) a write-in candidate is required to submit a declaration of candidacy under
1063     Subsection (6)(c)(iii).
1064          (ii) The county clerk shall establish deadlines under Subsection (6)(d)(i) in a manner
1065     that gives an unaffiliated candidate or a write-in candidate an equal opportunity to access the
1066     regular general election ballot.
1067          (e) An individual who is certified under this Subsection (6) as a party candidate for the
1068     vacant office, who qualifies as an unaffiliated candidate for the vacant office under Chapter 9,
1069     Part 5, Candidates not Affiliated with a Party, or who qualifies as a write-in candidate for the
1070     vacant office under Chapter 9, Part 6, Write-in Candidates, shall run in the regular general
1071     election.
1072          (7) (a) The requirements of this Subsection (7) apply to all county offices that become
1073     vacant:
1074          (i) if the vacant office has an unexpired term of less than two years; or
1075          (ii) if the vacant office has an unexpired term of two years or more but 65 days or less
1076     remain before the day of the next regular general election.
1077          (b) (i) When the conditions described in Subsection (7)(a) are met, the county
1078     legislative body shall as soon as practicable, but no later than 10 days after the day on which
1079     the vacancy occurs, give notice of the vacancy to the party liaison of the same political party as
1080     the prior office holder and invite that party liaison to submit the name of an individual to fill
1081     the vacancy.
1082          (ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
1083     party liaison receives the notice described in Subsection (7)(b)(i), or if the party liaison does
1084     not receive the notice, before 5 p.m. no later than 40 days after the day on which the vacancy
1085     occurs, submit to the county legislative body the name of an individual to fill the vacancy.
1086          (iii) The county legislative body shall, no later than five days after the day on which a
1087     party liaison submits the name of the individual to fill the vacancy, appoint the individual to
1088     serve out the unexpired term.
1089          (c) (i) If the county legislative body fails to appoint an individual to fill the vacancy in
1090     accordance with Subsection (7)(b)(iii), the county clerk shall send to the governor a letter that:
1091          (A) informs the governor that the county legislative body has failed to appoint an
1092     individual to fill the vacancy within the statutory time period; and
1093          (B) contains the name of the individual submitted by the party liaison to fill the
1094     vacancy.
1095          (ii) The governor shall, within 10 days after the day on which the governor receives the
1096     letter described in Subsection (7)(c)(i), appoint the individual named by the party liaison to fill
1097     the vacancy.
1098          (d) An individual appointed to fill the vacancy under this Subsection (7) shall hold
1099     office until a successor is elected and has qualified.
1100          (8) Except as otherwise provided by law, the county legislative body may appoint
1101     replacements to fill all vacancies that occur in those offices filled by appointment of the county
1102     legislative body.
1103          (9) Nothing in this section prohibits a candidate that does not wish to affiliate with a
1104     political party from filing a certificate of nomination for a vacant office within the same time
1105     limits as a candidate that is affiliated with a political party.
1106          (10) (a) Each individual elected under Subsection (4), (5), or (6) to fill a vacancy in a
1107     county office shall serve for the remainder of the unexpired term of the individual who created
1108     the vacancy and until a successor is elected and qualified.
1109          (b) Nothing in this section may be construed to contradict or alter the provisions of
1110     Section 17-16-6.
1111          Section 12. Section 20A-1-509.1 is amended to read:
1112          20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15
1113     or more attorneys.
1114          (1) When a vacancy occurs in the office of county or district attorney in a county or
1115     district having 15 or more attorneys who are licensed active members in good standing with the
1116     Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
1117          (2) (a) The requirements of this Subsection (2) apply when the office of county
1118     attorney or district attorney becomes vacant and:
1119          (i) the vacant office has an unexpired term of two years or more; and
1120          (ii) the vacancy occurs before the first day of the declaration of candidacy filing period
1121     described in Section 20A-9-201.5.
1122          (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
1123     notify the public and each registered political party that the vacancy exists.
1124          (c) All persons intending to become candidates for the vacant office shall:
1125          (i) file a declaration of candidacy according to the procedures and requirements of
1126     Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
1127          (ii) if [nominated] selected as a party candidate or qualified as an independent or
1128     write-in candidate under Chapter 9, Candidate Qualifications and Nominating Procedures, run
1129     in the regular [general] primary election; and
1130          (iii) if [elected] subsequently elected at the regular general election, complete the
1131     unexpired term of the person who created the vacancy.
1132          (d) If the vacancy occurs during the declaration of candidacy filing period described in
1133     Section 20A-9-201.5:
1134          (i) the time for filing a declaration of candidacy under Section 20A-9-202 shall be
1135     extended until 5 p.m. seven days after the last day of the filing period described in Section
1136     20A-9-201.5; and
1137          (ii) the county clerk shall notify the public and each registered political party that the
1138     vacancy exists.
1139          (3) (a) The requirements of this Subsection (3) apply when the office of county
1140     attorney or district attorney becomes vacant and:
1141          (i) the vacant office has an unexpired term of two years or more; and
1142          (ii) the vacancy occurs after the third Thursday in March of the even-numbered year
1143     but more than 75 days before the regular primary election.
1144          (b) When the conditions established in Subsection (3)(a) are met, the county clerk
1145     shall:
1146          (i) notify the public and each registered political party that the vacancy exists; and
1147          (ii) identify the date and time by which a person interested in becoming a candidate
1148     shall file a declaration of candidacy.
1149          (c) All persons intending to become candidates for the vacant office shall:
1150          (i) before 5 p.m. within five days after the day on which the county clerk gives the
1151     notice described in Subsection (3)(b)(i), file a declaration of candidacy for the vacant office as
1152     required by Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
1153          (ii) if elected, complete the unexpired term of the person who created the vacancy.
1154          (d) The county central committee of each party shall:
1155          (i) select a candidate or candidates from among those qualified candidates who have
1156     filed declarations of candidacy; and
1157          (ii) certify the name of the candidate or candidates to the county clerk:
1158          (A) before 5 p.m. no later than 60 days before the day of the regular primary election;
1159     or
1160          (B) electronically, before midnight no later than 60 days before the day of the regular
1161     primary election.
1162          (4) (a) The requirements of this Subsection (4) apply when the office of county
1163     attorney or district attorney becomes vacant and:
1164          (i) the vacant office has an unexpired term of two years or more; and
1165          (ii) 75 days or less remain before the regular primary election but more than 65 days
1166     remain before the regular general election.
1167          (b) When the conditions established in Subsection (4)(a) are met, the county central
1168     committees of each registered political party that wish to submit a candidate for the office
1169     shall, not later than five days after the day on which the vacancy occurs, certify the name of one
1170     candidate to the county clerk for placement on the regular general election ballot.
1171          (c) The candidate elected shall complete the unexpired term of the person who created
1172     the vacancy.
1173          (5) (a) The requirements of this Subsection (5) apply when the office of county
1174     attorney or district attorney becomes vacant and:
1175          (i) the vacant office has an unexpired term of less than two years; or
1176          (ii) the vacant office has an unexpired term of two years or more but 65 days or less
1177     remain before the next regular general election.
1178          (b) When the conditions established in Subsection (5)(a) are met, the county legislative
1179     body shall give notice of the vacancy to the county central committee of the same political
1180     party of the prior officeholder and invite that committee to submit the names of three nominees
1181     to fill the vacancy.
1182          (c) That county central committee shall, within 30 days after the day on which the
1183     county legislative body gives the notice described in Subsection (5)(b), submit to the county
1184     legislative body the names of three nominees to fill the vacancy.
1185          (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint
1186     one of those nominees to serve out the unexpired term.
1187          (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
1188     days, the county clerk shall send to the governor a letter that:
1189          (i) informs the governor that the county legislative body has failed to appoint a person
1190     to fill the vacancy within the statutory time period; and
1191          (ii) contains the list of nominees submitted by the party central committee.
1192          (f) The governor shall appoint a person to fill the vacancy from that list of nominees
1193     within 30 days after receipt of the letter.
1194          (g) A person appointed to fill the vacancy under this Subsection (5) shall complete the
1195     unexpired term of the person who created the vacancy.
1196          (6) Nothing in this section prevents or prohibits independent candidates from filing a
1197     declaration of candidacy for the office within the required time limits.
1198          Section 13. Section 20A-1-1001 is amended to read:
1199          20A-1-1001. Definitions.
1200          As used in this part:
1201          (1) (a) "Clerk" means the lieutenant governor, a county clerk, municipal clerk, town
1202     clerk, city recorder, or municipal recorder.
1203          (b) "Clerk" includes a board of trustees under Title 17B, Chapter 1, Provisions
1204     Applicable to All Special Districts.
1205          (2) "Local petition" means:
1206          (a) a manual or electronic local initiative petition described in Chapter 7, Part 5, Local
1207     Initiatives - Procedures; or
1208          (b) a manual or electronic local referendum petition described in Chapter 7, Part 6,
1209     Local Referenda - Procedures.
1210          (3) "Petition" means one of the following written requests, signed by registered voters,
1211     appealing to an authority with respect to a particular cause:
1212          (a) a local petition;
1213          (b) a petition to consolidate two or more municipalities under Section 10-2-601;
1214          (c) a petition for disincorporation of a municipality under Section 10-2-701;
1215          (d) a petition to incorporate a proposed municipality under Section 10-2a-208;
1216          (e) a petition to consolidate adjoining counties under Section 17-2-103;
1217          (f) a petition to annex a portion of a county to an adjoining county under Section
1218     17-2-203;
1219          (g) a petition for the creation of a new county under Section 17-3-1;
1220          (h) a petition for the removal of a county seat under Section 17-11-2;
1221          (i) a petition for the adoption of an optional plan under Section 17-52a-303;
1222          (j) a petition for the repeal of an optional plan under Section 17-52a-505;
1223          (k) a petition to create a special district under Section 17B-1-203;
1224          (l) a petition to withdraw an area from a special district under Section 17B-1-504;
1225          (m) a petition to dissolve a special district under Section 17B-1-1303;
1226          (n) a petition for issuance of local building authority bonds under Section 17D-2-502;
1227          (o) a petition to become a registered political party under Section 20A-8-103;
1228          (p) a nomination petition for municipal office under Section 20A-9-203;
1229          [(q) a nomination petition for a regular primary election under Subsection
1230     20A-9-403(3)(a) and Section 20A-9-405;]
1231          [(r)] (q) a petition for a political party to qualify as a municipal political party under
1232     Section 20A-9-404;
1233          [(s)] (r) a petition [for the nomination of a qualified political] to qualify for placement
1234     on a regular primary election ballot for a signature-convention party or a signature-only party
1235     under Section 20A-9-408;
1236          [(t)] (s) a nomination petition for a candidate not affiliated with a political party under
1237     Section 20A-9-502;
1238          [(u)] (t) a nomination petition to become a delegate to a ratification convention under
1239     Section 20A-15-103;
1240          [(v)] (u) a petition to create a new school district under Section 53G-3-301;
1241          [(w)] (v) a petition to consolidate school districts under Section 53G-3-401;
1242          [(x)] (w) a petition to transfer a portion of a school district to another district under
1243     Section 53G-3-501;
1244          [(y)] (x) a petition to determine whether a privatization project agreement should be
1245     approved under Section 73-10d-4; or
1246          [(z)] (y) a statewide petition.
1247          (4) "Statewide petition" means:
1248          (a) a manual or electronic statewide initiative petition described in Chapter 7, Part 2,
1249     Statewide Initiatives; or
1250          (b) a manual or electronic statewide referendum petition described in Chapter 7, Part 3,
1251     Statewide Referenda.
1252          (5) (a) "Substantially similar name" means:
1253          (i) the given name, the surname, or both, provided by the individual with the
1254     individual's petition signature, contain only minor spelling differences when compared to the
1255     given name and surname shown on the official register;
1256          (ii) the surname provided by the individual with the individual's petition signature
1257     exactly matches the surname shown on the official register, and the given names differ only
1258     because one of the given names shown is a commonly used abbreviation or variation of the
1259     other;
1260          (iii) the surname provided by the individual with the individual's petition signature
1261     exactly matches the surname shown on the official register, and the given names differ only
1262     because one of the given names shown is accompanied by a first or middle initial or a middle
1263     name which is not shown on the other record; or
1264          (iv) the surname provided by the individual with the individual's petition signature
1265     exactly matches the surname shown on the official register, and the given names differ only
1266     because one of the given names shown is an alphabetically corresponding initial that has been
1267     provided in the place of a given name shown on the other record.
1268          (b) "Substantially similar name" does not include a name having an initial or a middle
1269     name provided by the individual with the individual's petition signature that does not match a
1270     different initial or middle name shown on the official register.
1271          Section 14. Section 20A-2-107 is amended to read:
1272          20A-2-107. Designating or changing party affiliation -- Times permitted.
1273          (1) As used in this section, "change of affiliation deadline" means:
1274          (a) for an election held in an even-numbered year in which a presidential election will
1275     be held, the day after the declaration of candidacy deadline described in Subsection
1276     [20A-9-201.5(2)(b)] 20A-9-201.5(2)(a); or
1277          (b) for an election held in an even-numbered year in which a presidential election will
1278     not be held, April 1.
1279          (2) The county clerk shall:
1280          (a) except as provided in Subsection (6) or 20A-2-107.5(3), record the party affiliation
1281     designated by the voter on the voter registration form as the voter's party affiliation; or
1282          (b) if no political party affiliation is designated by the voter on the voter registration
1283     form:
1284          (i) except as provided in Subsection (2)(b)(ii), record the voter's party affiliation as the
1285     party that the voter designated the last time that the voter designated a party on a voter
1286     registration form, unless the voter more recently registered as "unaffiliated"; or
1287          (ii) record the voter's party affiliation as "unaffiliated" if the voter:
1288          (A) did not previously designate a party;
1289          (B) most recently designated the voter's party affiliation as "unaffiliated"; or
1290          (C) did not previously register.
1291          (3) (a) Any registered voter may designate or change the voter's political party
1292     affiliation by complying with the procedures and requirements of this Subsection (3).
1293          (b) A registered voter may designate or change the voter's political party affiliation by
1294     filing with the county clerk, the municipal clerk, or the lieutenant governor a voter registration
1295     form or another signed form that identifies the registered political party with which the voter
1296     chooses to affiliate.
1297          (c) Except as provided in Subsection (3)(d), a voter registration form or another signed
1298     form designating or changing a voter's political party affiliation takes effect when the county
1299     clerk receives the signed form.
1300          (d) The party affiliation of a voter who changes party affiliation, or who becomes
1301     unaffiliated from a political party, at any time on or after the change of affiliation deadline and
1302     on or before the date of the regular primary election, takes effect the day after the statewide
1303     canvass for the regular primary election.
1304          (4) For purposes of Subsection (3)(d), a form described in Subsection (3)(c) is received
1305     by the county clerk before the change of affiliation deadline if:
1306          (a) the individual submits the form in person at the county clerk's office no later than 5
1307     p.m. on the day before the change of affiliation deadline;
1308          (b) the individual submits the form electronically through the system described in
1309     Section 20A-2-206, at or before 11:59 p.m. before the day of the change of affiliation deadline;
1310     or
1311          (c) the individual's form is clearly postmarked before the change of affiliation deadline.
1312          (5) Subsection (3)(d) does not apply to the party affiliation designated by a voter on a
1313     voter registration form if:
1314          (a) the voter has not previously been registered to vote in the state; or
1315          (b) the voter's most recent party affiliation was changed to "unaffiliated" by a county
1316     clerk under Subsection (6).
1317          (6) If the most recent party affiliation designated by a voter is for a political party that
1318     is no longer a registered political party, the county clerk shall:
1319          (a) change the voter's party affiliation to "unaffiliated"; and
1320          (b) notify the voter electronically or by mail:
1321          (i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
1322     party affiliation designated by the voter is for a political party that is no longer a registered
1323     political party; and
1324          (ii) of the methods and deadlines for changing the voter's party affiliation.
1325          Section 15. Section 20A-3a-203 is amended to read:
1326          20A-3a-203. Voting at a polling place.
1327          (1) Except as provided in Section 20A-7-609.5, a registered voter may vote at a polling
1328     place in an election in accordance with this section.
1329          (2) (a) The voter shall give the voter's name, and, if requested, the voter's residence, to
1330     one of the poll workers.
1331          (b) The voter shall present valid voter identification to one of the poll workers.
1332          (c) If the poll worker is not satisfied that the voter has presented valid voter
1333     identification, the poll worker shall:
1334          (i) indicate on the official register that the voter was not properly identified;
1335          (ii) issue the voter a provisional ballot;
1336          (iii) notify the voter that the voter will have until the close of normal office hours on
1337     Monday after the day of the election to present valid voter identification:
1338          (A) to the county clerk at the county clerk's office; or
1339          (B) to an election officer who is administering the election; and
1340          (iv) follow the procedures and requirements of Section 20A-3a-205.
1341          (d) If the person's right to vote is challenged as provided in Section 20A-3a-803, the
1342     poll worker shall follow the procedures and requirements of Section 20A-3a-205.
1343          (3) A poll worker shall check the official register to determine whether:
1344          (a) a voter is registered to vote; and
1345          (b) if the election is a [regular primary election or a] presidential primary election,
1346     whether a voter's party affiliation designation in the official register allows the voter to vote the
1347     ballot that the voter requests.
1348          (4) (a) Except as provided in Subsection (5), if the voter's name is not found on the
1349     official register, the poll worker shall follow the procedures and requirements of Section
1350     20A-3a-205.
1351          (b) If, in a [regular primary election or a] presidential primary election, the official
1352     register does not affirmatively identify the voter as being affiliated with a registered political
1353     party or if the official register identifies the voter as being "unaffiliated," the voter shall be
1354     considered to be "unaffiliated."
1355          (5) In a regular primary election or a presidential primary election:
1356          (a) if a voter's name is not found on the official register, and if it is not unduly
1357     disruptive to the election process, the poll worker may attempt to contact the county clerk's
1358     office to request oral verification of the voter's registration; and
1359          (b) if oral verification is received from the county clerk's office, the poll worker shall:
1360          (i) record the verification on the official register;
1361          (ii) for a presidential primary election, determine the voter's party affiliation and the
1362     ballot that the voter is qualified to vote; and
1363          (iii) except as provided in Subsection (6), comply with Subsection (3).
1364          (6) (a) Except as provided in Subsection (6)(b), if, in [a regular primary election or] a
1365     presidential primary election, the voter's political party affiliation listed in the official register
1366     does not allow the voter to vote the ballot that the voter requested, the poll worker shall inform
1367     the voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
1368     does allow the voter to vote.
1369          (b) If, in [a regular primary election or] a presidential primary election, the voter is
1370     listed in the official register as unaffiliated, or if the official register does not affirmatively
1371     identify the voter as either unaffiliated or affiliated with a registered political party, and the
1372     voter, as an unaffiliated voter, is not authorized to vote the ballot that the voter requests, the
1373     poll worker shall:
1374          (i) ask the voter if the voter wishes to vote another registered political party ballot that
1375     the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
1376          (ii) (A) if the voter wishes to vote another registered political party ballot that the
1377     unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
1378     (3); or
1379          (B) if the voter wishes to remain unaffiliated and does not wish to vote another ballot
1380     that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
1381     voter may not vote.
1382          (7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions
1383     of Subsection (6), if the poll worker determines that the voter is registered, a poll worker shall:
1384          (a) direct the voter to sign the voter's name in the official register;
1385          (b) provide to the voter the ballot that the voter is qualified to vote; and
1386          (c) allow the voter to enter the voting booth.
1387          Section 16. Section 20A-4-306 is amended to read:
1388          20A-4-306. Statewide canvass.
1389          (1) (a) The state board of canvassers shall convene:
1390          (i) on the fourth Monday of November, at noon; or
1391          (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
1392     returns of a statewide special election.
1393          (b) The state auditor, the state treasurer, and the attorney general are the state board of
1394     canvassers.
1395          (c) Attendance of all members of the state board of canvassers is required to constitute
1396     a quorum for conducting the canvass.
1397          (2) (a) The state board of canvassers shall:
1398          (i) meet in the lieutenant governor's office; and
1399          (ii) compute and determine the vote for officers and for and against any ballot
1400     propositions voted upon by the voters of the entire state or of two or more counties.
1401          (b) The lieutenant governor, as secretary of the board shall file a report in the lieutenant
1402     governor's office that details:
1403          (i) for each statewide officer and ballot proposition:
1404          (A) the name of the statewide office or ballot proposition that appeared on the ballot;
1405          (B) the candidates for each statewide office whose names appeared on the ballot[, plus
1406     any recorded write-in candidates];
1407          (C) the number of votes from each county cast for each candidate and for and against
1408     each ballot proposition;
1409          (D) the total number of votes cast statewide for each candidate and for and against each
1410     ballot proposition; and
1411          (E) the total number of votes cast statewide; and
1412          (ii) for each officer or ballot proposition voted on in two or more counties:
1413          (A) the name of each of those offices and ballot propositions that appeared on the
1414     ballot;
1415          (B) the candidates for those offices[, plus any recorded write-in candidates];
1416          (C) the number of votes from each county cast for each candidate and for and against
1417     each ballot proposition; and
1418          (D) the total number of votes cast for each candidate and for and against each ballot
1419     proposition.
1420          (c) The lieutenant governor shall:
1421          (i) prepare certificates of election for:
1422          (A) each successful candidate; and
1423          (B) each of the presidential electors of the candidate for president who received a
1424     majority of the votes;
1425          (ii) authenticate each certificate with the lieutenant governor's seal; and
1426          (iii) deliver a certificate of election to:
1427          (A) each candidate who had the highest number of votes for each office; and
1428          (B) each of the presidential electors of the candidate for president who received a
1429     majority of the votes.
1430          (3) If the lieutenant governor has not received election returns from all counties on the
1431     fifth day before the day designated for the meeting of the state board of canvassers, the
1432     lieutenant governor shall:
1433          (a) send a messenger to the clerk of the board of county canvassers of the delinquent
1434     county;
1435          (b) instruct the messenger to demand a certified copy of the board of canvasser's report
1436     required by Section 20A-4-304 from the clerk; and
1437          (c) pay the messenger the per diem provided by law as compensation.
1438          (4) The state board of canvassers may not withhold the declaration of the result or any
1439     certificate of election because of any defect or informality in the returns of any election if the
1440     board can determine from the returns, with reasonable certainty, what office is intended and
1441     who is elected to it.
1442          (5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
1443     governor shall:
1444          (i) canvass the returns for all multicounty candidates required to file with the office of
1445     the lieutenant governor; and
1446          (ii) publish and file the results of the canvass in the lieutenant governor's office.
1447          (b) Not later than the August 1 after the primary election, the lieutenant governor shall
1448     certify the results of the primary canvass to the county clerks.
1449          (6) (a) At noon on the fourth Tuesday in March of a year in which a presidential
1450     election will be held, the lieutenant governor shall:
1451          (i) canvass the returns of the presidential primary election; and
1452          (ii) publish and file the results of the canvass in the lieutenant governor's office.
1453          (b) The lieutenant governor shall certify the results of the presidential primary election
1454     canvass to each registered political party that participated in the primary not later than the April
1455     15 after the primary election.
1456          Section 17. Section 20A-5-101 is amended to read:
1457          20A-5-101. Notice of election.
1458          (1) On or before November 15 in the year before each regular general election year, the
1459     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
1460          (a) designates the offices to be filled at the next year's regular general election;
1461          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
1462     certifying [nomination] petition signatures, as applicable, under [Sections 20A-9-403,
1463     20A-9-407, and] Section 20A-9-408 for those offices; and
1464          (c) contains a description of any ballot propositions to be decided by the voters that
1465     have qualified for the ballot as of that date.
1466          (2) (a) No later than seven business days after the day on which the lieutenant governor
1467     transmits the written notice described in Subsection (1), each county clerk shall provide notice
1468     for the county, as a class A notice under Section 63G-30-102, for seven days before the day of
1469     the election and in accordance with Subsection (3).
1470          (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a),
1471     showing a copy of the notice and the places where the notice was posted.
1472          (3) The notice described in Subsection (2) shall:
1473          (a) designate the offices to be voted on in that election; and
1474          (b) identify the dates for filing a declaration of candidacy for those offices.
1475          (4) Except as provided in Subsection (6), before each election, the election officer shall
1476     give printed notice of the following information:
1477          (a) the date of election;
1478          (b) the hours during which the polls will be open;
1479          (c) the polling places for each voting precinct, early voting polling place, and election
1480     day voting center;
1481          (d) the address of the Statewide Electronic Voter Information Website and, if available,
1482     the address of the election officer's website, with a statement indicating that the election officer
1483     will post on the website any changes to the location of a polling place and the location of any
1484     additional polling place;
1485          (e) a phone number that a voter may call to obtain information regarding the location of
1486     a polling place;
1487          (f) the qualifications for persons to vote in the election: and
1488          (g) instructions regarding how an individual with a disability, who is not able to vote a
1489     manual ballot by mail, may obtain information on voting in an accessible manner.
1490          (5) The election officer shall provide the notice described in Subsection (4) for the
1491     jurisdiction, as a class A notice under Section 63G-30-102, for at least seven days before the
1492     day of the election.
1493          (6) Instead of including the information described in Subsection (4) in the notice, the
1494     election officer may give printed notice that:
1495          (a) is entitled "Notice of Election";
1496          (b) includes the following: "A [indicate election type] will be held in [indicate the
1497     jurisdiction] on [indicate date of election]. Information relating to the election, including
1498     polling places, polling place hours, and qualifications of voters may be obtained from the
1499     following sources:"; and
1500          (c) specifies the following sources where an individual may view or obtain the
1501     information described in Subsection (4):
1502          (i) if the jurisdiction has a website, the jurisdiction's website;
1503          (ii) the physical address of the jurisdiction offices; and
1504          (iii) a mailing address and telephone number.
1505          Section 18. Section 20A-5-102 is amended to read:
1506          20A-5-102. Voting instructions.
1507          (1) Each election officer shall:
1508          (a) print instructions for voters;
1509          (b) ensure that the instructions are printed in English, and any other language required
1510     under the Voting Rights Act of 1965, as amended, in large clear type; and
1511          (c) ensure that the instructions inform voters:
1512          (i) about how to obtain ballots for voting;
1513          (ii) for a presidential primary election, about special political party affiliation
1514     requirements for voting in [a regular primary election or presidential primary] the election;
1515          (iii) about how to prepare ballots for deposit in the ballot box;
1516          (iv) about how to record write-in votes;
1517          (v) about how to obtain a new ballot in the place of one spoiled by accident or mistake;
1518          (vi) about how to obtain assistance in marking ballots;
1519          (vii) about obtaining a new ballot if the voter's ballot is defaced;
1520          (viii) that identification marks or the spoiling or defacing of a ballot will make it
1521     invalid;
1522          (ix) about how to obtain and vote a provisional ballot;
1523          (x) about whom to contact to report election fraud;
1524          (xi) about applicable federal and state laws regarding:
1525          (A) voting rights and the appropriate official to contact if the voter alleges that the
1526     voter's rights have been violated; and
1527          (B) prohibitions on acts of fraud and misrepresentation;
1528          (xii) about procedures governing mail-in registrants and first-time voters; and
1529          (xiii) about the date of the election and the hours that the polls are open on election
1530     day.
1531          (2) Each election officer shall:
1532          (a) provide the election judges of each voting precinct with sufficient instruction cards
1533     to instruct voters in the preparation of the voters' ballots; and
1534          (b) direct the election judges to post:
1535          (i) general voting instructions in each voting booth;
1536          (ii) at least three instruction cards at other locations in the polling place; and
1537          (iii) at least one sample ballot at the polling place.
1538          Section 19. Section 20A-6-203 is amended to read:
1539          20A-6-203. Ballots for regular primary elections.
1540          (1) The lieutenant governor, together with county clerks, suppliers of election
1541     materials, and representatives of registered political parties, shall:
1542          (a) develop ballots to be used in Utah's regular primary election;
1543          (b) ensure that the ballots comply generally, where applicable, with the requirements of
1544     Title 20A, Chapter 6, Part 1, General Requirements for All Ballots, and this section; and
1545          (c) provide voting booths, election records and supplies, ballot boxes, and as
1546     applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
1547          (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
1548     Chapter 6, Part 1, General Requirements for All Ballots, and Sections 20A-5-403, 20A-6-401,
1549     and 20A-6-401.1, the lieutenant governor, together with county clerks, suppliers of election
1550     materials, and representatives of registered political parties shall ensure that the ballots, voting
1551     booths, election records and supplies, and ballot boxes:
1552          (i) facilitate the distribution, voting, and tallying of ballots in a presidential primary
1553     election held on the same date as the regular primary election where not all voters are
1554     authorized to vote for a party's candidate;
1555          (ii) for a presidential primary election held on the same date as the regular primary
1556     election, simplify the task of poll workers, particularly in determining a voter's party affiliation;
1557          (iii) minimize the possibility of spoiled ballots due to voter confusion; and
1558          (iv) protect against fraud.
1559          (b) To accomplish the requirements of this Subsection (2) in relation to a presidential
1560     primary election held on the same date as the regular primary election, the lieutenant governor,
1561     county clerks, suppliers of election materials, and representatives of registered political parties
1562     shall:
1563          (i) mark ballots as being for a particular registered political party; and
1564          (ii) instruct individuals counting the ballots to count only those votes for candidates
1565     from the registered political party whose ballot the voter received.
1566          Section 20. Section 20A-6-301 is amended to read:
1567          20A-6-301. Manual ballots -- Regular general election.
1568          (1) Each election officer shall ensure that:
1569          (a) [all] manual ballots furnished for use at the regular general election do not contain
1570     any of the following in relation to a candidate for an alternate-path party:
1571          (i) [no] captions or other endorsements [except as provided in this section];
1572          (ii) [no] symbols, markings, or other descriptions of a political party or group[, except
1573     for a registered political party that has chosen to nominate its candidates in accordance with
1574     Section 20A-9-403; and]; or
1575          (iii) [no indication that a candidate for elective office has been] any indication that the
1576     candidate was nominated by, [or has been] is endorsed by, or is in any way affiliated with, a
1577     political party or group[, unless the candidate has been nominated by a registered political party
1578     in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5)];
1579          (b) at the top of the ballot, the following endorsements are printed in 18 point bold
1580     type:
1581          (i) "Official Ballot for ____ County, Utah";
1582          (ii) the date of the election; and
1583          (iii) the words "certified by the Clerk of __________ County" or, as applicable, the
1584     name of a combined office that includes the duties of a county clerk;
1585          (c) unaffiliated candidates[, candidates not affiliated with a registered political party,
1586     and all other] and candidates [for elective office who were not nominated by a registered
1587     political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5),]
1588     nominated by alternate-path parties are listed with the other candidates for the same office in
1589     accordance with Section 20A-6-305, without a party name or title;
1590          (d) each ticket containing the lists of candidates, including the party name and device,
1591     are separated by heavy parallel lines;
1592          (e) the offices to be filled are plainly printed immediately above the names of the
1593     candidates for those offices; and
1594          (f) the names of candidates are printed in capital letters, not less than one-eighth nor
1595     more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
1596     lines or rules three-eighths of an inch apart[; and].
1597          [(g) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
1598     which a write-in candidate is qualified under Section 20A-9-601:]
1599          [(i) the ballot includes a space for a write-in candidate immediately following the last
1600     candidate listed on that ticket; or]
1601          [(ii) for the offices of president and vice president and governor and lieutenant
1602     governor, the ballot includes two spaces for write-in candidates immediately following the last
1603     candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
1604     candidates.]
1605          [(2) An election officer shall ensure that:]
1606          [(a) each individual nominated by any registered political party under Subsection
1607     20A-9-202(4) or Subsection 20A-9-403(5), and no other individual, is placed on the ballot:]
1608          [(i) under the registered political party's name, if any; or]
1609          [(ii) under the title of the registered political party as designated by them in their
1610     certificates of nomination or petition, or, if none is designated, then under some suitable title;]
1611          [(b) the names of all unaffiliated candidates that qualify as required in Chapter 9, Part
1612     5, Candidates not Affiliated with a Party, are placed on the ballot;]
1613          [(c) the names of the candidates for president and vice president are used on the ballot
1614     instead of the names of the presidential electors; and]
1615          [(d) the ballots contain no other names.]
1616          (2) An election officer shall place on a regular general election ballot:
1617          (a) for a regular partisan office:
1618          (i) the name of each candidate for a registered political party, each unaffiliated
1619     candidate, and each write-in candidate, who qualify under Section 20A-1-303 to advance from
1620     the regular primary election to the regular general election; and
1621          (ii) for only a candidate for a signature-convention party or a signature-only party, and
1622     no other type of candidate, place, next to each candidate's name, the name of the registered
1623     political party for which the candidate is a candidate;
1624          (b) for the office of president or vice president of the United States, the name of the
1625     candidate, instead of the name of the electors, together with the candidate's party affiliation, if
1626     any; and
1627          (c) for a nonpartisan office, the name of each candidate who qualifies under Section
1628     20A-1-303 to advance from the regular primary election to the regular general election.
1629          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
1630     that:
1631          (a) the designation of the office to be filled in the election and the number of
1632     candidates to be elected are printed in type not smaller than eight point;
1633          (b) the words designating the office are printed flush with the left-hand margin;
1634          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
1635     which the voter may vote)" extend to the extreme right of the column;
1636          (d) the nonpartisan candidates are grouped according to the office for which they are
1637     candidates;
1638          (e) the names in each group are placed in the order specified under Section 20A-6-305
1639     with the surnames last; and
1640          (f) each group is preceded by the designation of the office for which the candidates
1641     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
1642     candidates for which the voter may vote)," according to the number to be elected.
1643          (4) Each election officer shall ensure that:
1644          (a) proposed amendments to the Utah Constitution are listed on the ballot in
1645     accordance with Section 20A-6-107;
1646          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
1647     with Section 20A-6-107;
1648          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
1649     title assigned to each bond proposition under Section 11-14-206; and
1650          (d) the judicial retention section of the ballot includes a statement at the beginning
1651     directing voters to the Judicial Performance Evaluation Commission's website in accordance
1652     with Subsection 20A-12-201(4).
1653          Section 21. Section 20A-6-302 is amended to read:
1654          20A-6-302. Manual ballots -- Placement of candidates' names.
1655          (1) An election officer shall ensure, for manual ballots in regular general elections,
1656     that:
1657          (a) each candidate is listed [by party, if nominated by a registered political party under
1658     Subsection 20A-9-202(4) or Subsection 20A-9-403(5)] in accordance with Subsection
1659     20A-6-301(2);
1660          (b) candidates' surnames are listed in alphabetical order on the ballots when two or
1661     more candidates' names are required to be listed on a ticket under the title of an office; and
1662          (c) the names of candidates are placed on the ballot in the order specified under Section
1663     20A-6-305.
1664          (2) (a) When there is only one candidate for county attorney at the regular general
1665     election in counties that have three or fewer registered voters of the county who are licensed
1666     active members in good standing of the Utah State Bar, the county clerk shall cause that
1667     candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
1668     with the following question: "Shall (name of candidate) be elected to the office of county
1669     attorney? Yes ____ No ____."
1670          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
1671     elected to the office of county attorney.
1672          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
1673     elected and may not take office, nor may the candidate continue in the office past the end of the
1674     term resulting from any prior election or appointment.
1675          (d) When the name of only one candidate for county attorney is printed on the ballot
1676     under authority of this Subsection (2), the county clerk may not count any write-in votes
1677     received for the office of county attorney.
1678          (e) If no qualified individual files for the office of county attorney or if the candidate is
1679     not elected by the voters, the county legislative body shall appoint the county attorney as
1680     provided in Section 20A-1-509.2.
1681          (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
1682     the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
1683     two consecutive terms immediately preceding the term for which the candidate is seeking
1684     election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
1685     unopposed candidate the same as any other unopposed candidate for another office, unless a
1686     petition is filed with the county clerk before 5 p.m. no later than one day before that year's
1687     primary election that:
1688          (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
1689          (ii) contains the signatures of registered voters in the county representing in number at
1690     least 25% of all votes cast in the county for all candidates for governor at the last election at
1691     which a governor was elected.
1692          (3) (a) When there is only one candidate for district attorney at the regular general
1693     election in a prosecution district that has three or fewer registered voters of the district who are
1694     licensed active members in good standing of the Utah State Bar, the county clerk shall cause
1695     that candidate's name and party affiliation, if any, to be placed on a separate section of the
1696     ballot with the following question: "Shall (name of candidate) be elected to the office of district
1697     attorney? Yes ____ No ____."
1698          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
1699     elected to the office of district attorney.
1700          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
1701     elected and may not take office, nor may the candidate continue in the office past the end of the
1702     term resulting from any prior election or appointment.
1703          (d) When the name of only one candidate for district attorney is printed on the ballot
1704     under authority of this Subsection (3), the county clerk may not count any write-in votes
1705     received for the office of district attorney.
1706          (e) If no qualified individual files for the office of district attorney, or if the only
1707     candidate is not elected by the voters under this subsection, the county legislative body shall
1708     appoint a new district attorney for a four-year term as provided in Section 20A-1-509.2.
1709          (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
1710     the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
1711     two consecutive terms immediately preceding the term for which the candidate is seeking
1712     election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
1713     unopposed candidate the same as any other unopposed candidate for another office, unless a
1714     petition is filed with the county clerk before 5 p.m. no later than one day before that year's
1715     primary election that:
1716          (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
1717          (ii) contains the signatures of registered voters in the county representing in number at
1718     least 25% of all votes cast in the county for all candidates for governor at the last election at
1719     which a governor was elected.
1720          Section 22. Section 20A-6-304 is amended to read:
1721          20A-6-304. Regular general election -- Mechanical ballots.
1722          (1) Each election officer shall ensure that:
1723          (a) the format and content of a mechanical ballot is arranged in approximately the same
1724     order as manual ballots;
1725          (b) the titles of offices and the names of candidates are displayed in vertical columns or
1726     in a series of separate displays;
1727          (c) the mechanical ballot is of sufficient length to include, after the list of candidates:
1728          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
1729          (ii) any ballot propositions submitted to the voters for their approval or rejection;
1730          (d) the office titles are displayed above or at the side of the names of candidates so as
1731     to indicate clearly the candidates for each office and the number to be elected;
1732          (e) [the party designation of each candidate who has been nominated by a registered
1733     political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is displayed
1734     adjacent to the candidate's name] the candidates are listed in accordance with Subsection
1735     20A-6-301(2); and
1736          (f) if possible, all candidates for one office are grouped in one column or upon one
1737     display screen.
1738          (2) Each election officer shall ensure that:
1739          (a) proposed amendments to the Utah Constitution are displayed in accordance with
1740     Section 20A-6-107;
1741          (b) ballot propositions submitted to the voters are displayed in accordance with Section
1742     20A-6-107;
1743          (c) bond propositions that have qualified for the ballot are displayed under the title
1744     assigned to each bond proposition under Section 11-14-206; and
1745          (d) the judicial retention section of the ballot includes a statement at the beginning
1746     directing voters to the Judicial Performance Evaluation Commission's website in accordance
1747     with Subsection 20A-12-201(4).
1748          Section 23. Section 20A-8-103 is amended to read:
1749          20A-8-103. Petition procedures -- Criminal penalty -- Removal of signature.
1750          (1) As used in this section, the proposed name or emblem of a registered political party
1751     is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
1752     difference between the proposed name or emblem and any name or emblem currently being
1753     used by another registered political party.
1754          (2) To become a registered political party, an organization of registered voters that is
1755     not a continuing political party shall:
1756          (a) circulate a petition seeking registered political party status beginning no earlier than
1757     the date of the statewide canvass held after the last regular general election and ending before 5
1758     p.m. no later than November 30 of the year before the year in which the next regular general
1759     election will be held;
1760          (b) file a petition with the lieutenant governor that is signed, with a holographic
1761     signature, by at least 2,000 registered voters before 5 p.m. no later than November 30 of the
1762     year in which a regular general election will be held; and
1763          (c) file, with the petition described in Subsection (2)(b), a document certifying:
1764          [(i) the identity of one or more registered political parties whose members may vote for
1765     the organization's candidates;]
1766          [(ii) whether unaffiliated voters may vote for the organization's candidates; and]
1767          [(iii) whether, for the next election, the organization intends to nominate the
1768     organization's candidates in accordance with the provisions of Section 20A-9-406.]
1769          (i) whether the organization will be a signature-convention party, a signature-only
1770     party, or an alternate-path party;
1771          (ii) if the organization will be a signature-convention party, that the organization will
1772     comply with all requirements for a signature-convention party;
1773          (iii) if the organization will be a signature-only party, that the organization will comply
1774     with all requirements for a signature-only party;
1775          (iv) the identity of one or more registered political parties whose members may sign a
1776     petition to qualify an individual for placement on the primary election ballot as a candidate for
1777     the signature-convention party or signature-only party;
1778          (v) whether unaffiliated voters may sign a petition to qualify an individual for
1779     placement on the primary election ballot as a candidate for the signature-convention party or
1780     signature-only party; and
1781          (vi) for a presidential primary:
1782          (A) the identity of one or more political parties whose members may vote for the
1783     signature-convention party's or signature-only party's candidates; and
1784          (B) whether unaffiliated voters may vote for the signature-convention party's or
1785     signature-only party's candidates.
1786          (3) The petition shall:
1787          (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
1788          (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
1789     blank for the purpose of binding;
1790          (c) contain the name of the political party and the words "Political Party Registration
1791     Petition" printed directly below the horizontal line;
1792          (d) contain the word "Warning" printed directly under the words described in
1793     Subsection (3)(c);
1794          (e) contain, to the right of the word "Warning," the following statement printed in not
1795     less than eight-point, single leaded type:
1796          "It is a class A misdemeanor for anyone to knowingly sign a political party registration
1797     petition signature sheet with any name other than the individual's own name or more than once
1798     for the same party or if the individual is not registered to vote in this state and does not intend
1799     to become registered to vote in this state before the petition is submitted to the lieutenant
1800     governor.";
1801          (f) contain the following statement directly under the statement described in Subsection
1802     (3)(e):
1803          "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
1804     Lieutenant Governor:
1805          We, the undersigned citizens of Utah, seek registered political party status for ____
1806     (name);
1807          Each signer says:
1808          I have personally signed this petition with a holographic signature;
1809          I am registered to vote in Utah or will register to vote in Utah before the petition is
1810     submitted to the lieutenant governor;
1811          I am or desire to become a member of the political party; and
1812          My street address is written correctly after my name.";
1813          (g) be vertically divided into columns as follows:
1814          (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
1815     headed with "For Office Use Only," and be subdivided with a light vertical line down the
1816     middle;
1817          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
1818     Name (must be legible to be counted)";
1819          (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
1820     Registered Voter";
1821          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
1822          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1823     Code"; and
1824          (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
1825     information is not required, but it may be used to verify your identity with voter registration
1826     records. If you choose not to provide it, your signature may not be certified as a valid signature
1827     if you change your address before petition signatures are certified or if the information you
1828     provide does not match your voter registration records.";
1829          (h) have a final page bound to one or more signature sheets that are bound together that
1830     contains the following printed statement:
1831          "Verification
1832          State of Utah, County of ____
1833          I, _______________, of ____, hereby state that:
1834          I am a Utah resident and am at least 18 years old;
1835          All the names that appear on the signature sheets bound to this page were signed by
1836     individuals who professed to be the individuals whose names appear on the signature sheets,
1837     and each individual signed the individual's name on the signature sheets in my presence;
1838          I believe that each individual has printed and signed the individual's name and written
1839     the individual's street address correctly, and that each individual is registered to vote in Utah or
1840     will register to vote in Utah before the petition is submitted to the lieutenant governor.
1841          ______________________________________________________________________
1842          (Signature)           (Residence Address)                    (Date)"; and
1843          (i) be bound to a cover sheet that:
1844          (i) identifies the political party's name, which may not exceed four words, and the
1845     emblem of the party;
1846          (ii) states the process that the organization will follow to organize and adopt a
1847     constitution and bylaws; and
1848          (iii) is signed by a filing officer, who agrees to receive communications on behalf of
1849     the organization.
1850          (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the individual
1851     in whose presence each signature sheet is signed:
1852          (a) is at least 18 years old;
1853          (b) meets the residency requirements of Section 20A-2-105; and
1854          (c) verifies each signature sheet by completing the verification bound to one or more
1855     signature sheets that are bound together.
1856          (5) An individual may not sign the verification if the individual signed a signature
1857     sheet bound to the verification.
1858          (6) The lieutenant governor shall:
1859          (a) use the procedures described in Section 20A-1-1002 to determine whether a signer
1860     is a registered voter;
1861          (b) review the proposed name and emblem to determine if they are "distinguishable"
1862     from the names and emblems of other registered political parties; and
1863          (c) certify the lieutenant governor's findings to the filing officer described in
1864     Subsection (3)(i)(iii) within 30 days of the filing of the petition.
1865          (7) (a) If the lieutenant governor determines that the petition meets the requirements of
1866     this section, and that the proposed name and emblem are distinguishable, the lieutenant
1867     governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
1868     prospective political party.
1869          (b) If the lieutenant governor finds that the name, emblem, or both are not
1870     distinguishable from the names and emblems of other registered political parties, the lieutenant
1871     governor shall notify the filing officer that the filing officer has seven days to submit a new
1872     name or emblem to the lieutenant governor.
1873          (8) A registered political party may not change its name or emblem during the regular
1874     general election cycle.
1875          (9) (a) It is unlawful for an individual to:
1876          (i) knowingly sign a political party registration petition:
1877          (A) with any name other than the individual's own name;
1878          (B) more than once for the same political party; or
1879          (C) if the individual is not registered to vote in this state and does not intend to become
1880     registered to vote in this state before the petition is submitted to the lieutenant governor; or
1881          (ii) sign the verification of a political party registration petition signature sheet if the
1882     individual:
1883          (A) does not meet the residency requirements of Section 20A-2-105;
1884          (B) has not witnessed the signing by those individuals whose names appear on the
1885     political party registration petition signature sheet; or
1886          (C) knows that an individual whose signature appears on the political party registration
1887     petition signature sheet is not registered to vote in this state and does not intend to become
1888     registered to vote in this state.
1889          (b) An individual who violates this Subsection (9) is guilty of a class A misdemeanor.
1890          (10) (a) A voter who signs a petition under this section may have the voter's signature
1891     removed from the petition by, no later than three business days after the day on which the
1892     petition is filed with the lieutenant governor, submitting to the lieutenant governor a statement
1893     requesting that the voter's signature be removed.
1894          (b) A statement described in Subsection (10)(a) shall comply with the requirements
1895     described in Subsection 20A-1-1003(2).
1896          (c) The lieutenant governor shall use the procedures described in Subsection
1897     20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
1898     receiving a timely, valid statement requesting removal of the signature.
1899          Section 24. Section 20A-8-401 is amended to read:
1900          20A-8-401. Registered political parties -- Bylaws -- Report name of midterm
1901     vacancy candidate.
1902          (1) (a) Each new or unregistered state political party that seeks to become a registered
1903     political party under the authority of this chapter shall file a copy of the party's proposed
1904     constitution and bylaws at the time the party files the party's registration information.
1905          (b) Each registered state political party shall file revised copies of the party's
1906     constitution or bylaws with the lieutenant governor before 5 p.m. within 15 days after the day
1907     on which the constitution or bylaws are adopted or amended.
1908          (2) Each state political party, each new political party seeking registration, and each
1909     unregistered political party seeking registration shall ensure that the party's constitution or
1910     bylaws contain:
1911          (a) provisions establishing party organization, structure, membership, and governance
1912     that include:
1913          (i) a description of the position, selection process, qualifications, duties, and terms of
1914     each party officer and committees defined by constitution and bylaws;
1915          (ii) a provision requiring a designated party officer to serve as liaison with:
1916          (A) the lieutenant governor on all matters relating to the political party's relationship
1917     with the state; and
1918          (B) each county legislative body on matters relating to the political party's relationship
1919     with a county;
1920          (iii) a description of the requirements for participation in party processes;
1921          (iv) the dates, times, and quorum of any regularly scheduled party meetings,
1922     conventions, or other conclaves; and
1923          (v) a mechanism for making the names of delegates, candidates, and elected party
1924     officers available to the public shortly after they are selected;
1925          (b) a procedure for selecting party officers that allows active participation by party
1926     members;
1927          (c) a procedure for selecting party candidates at the federal, state, and county levels that
1928     allows active participation by party members;
1929          (d) (i) a procedure for selecting electors who are pledged to cast their votes in the
1930     electoral college for the party's candidates for president and vice president of the United States;
1931     and
1932          (ii) a procedure for filling vacancies in the office of presidential elector because of
1933     death, refusal to act, failure to attend, ineligibility, or any other cause;
1934          (e) a procedure for filling vacancies in the office of representative or senator or a
1935     county office, as described in Section 20A-1-508, because of death, resignation, or ineligibility;
1936          (f) a provision requiring the governor and lieutenant governor to run as a joint ticket;
1937          (g) a procedure for replacing party candidates who die, acquire a disability that
1938     prevents the candidate from continuing the candidacy, or are disqualified before a primary or
1939     regular general election;
1940          (h) provisions governing the deposit and expenditure of party funds, and governing the
1941     accounting for, reporting, and audit of party financial transactions;
1942          (i) provisions governing access to party records;
1943          (j) a procedure for amending the constitution or bylaws that allows active participation
1944     by party members or their representatives;
1945          (k) a process for resolving grievances against the political party; and
1946          (l) if desired by the political party, a process for consulting with, and obtaining the
1947     opinion of, the political party's Utah Senate and Utah House members about:
1948          (i) the performance of the two United States Senators from Utah, including
1949     specifically:
1950          (A) their views and actions regarding the defense of state's rights and federalism; and
1951          (B) their performance in representing Utah's interests;
1952          (ii) the members' opinion about, or rating of, and support or opposition to the policy
1953     positions of any candidates for United States Senate from Utah, including incumbents,
1954     including specifically:
1955          (A) their views and actions regarding the defense of state's rights and federalism; and
1956          (B) their performance in representing Utah's interests; and
1957          (iii) the members' collective or individual endorsement or rating of a particular
1958     candidate for United States Senate from Utah.
1959          (3) If, in accordance with a political party's constitution or bylaws, a person files a
1960     declaration or otherwise notifies the party of the person's candidacy as a legislative office
1961     candidate or state office candidate, as defined in Section 20A-11-101, to be appointed and fill a
1962     midterm vacancy in the office of representative or senator in the Legislature or in a state office,
1963     as described in Section 20A-1-503, [or in a state office as described in Section 20A-1-504,] the
1964     party shall forward a copy of that declaration or notification to the lieutenant governor before 5
1965     p.m. no later than the day following the day on which the party receives the declaration or
1966     notification.
1967          Section 25. Section 20A-9-101 is amended to read:
1968          20A-9-101. Definitions.
1969          As used in this chapter:
1970          (1) (a) "Candidates for elective office" means persons who file a declaration of
1971     candidacy under Section 20A-9-202 to run in a [regular general election for a federal office,
1972     constitutional office, multicounty office, or county] regular primary election for a regular
1973     partisan office.
1974          (b) "Candidates for elective office" does not [mean] include candidates for:
1975          (i) justice or judge of court of record or not of record;
1976          (ii) presidential elector;
1977          (iii) any political party offices; and
1978          (iv) municipal or special district offices.
1979          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
1980     attorney general, state auditor, and state treasurer.
1981          (3) "Continuing political party" means the same as that term is defined in Section
1982     20A-8-101.
1983          (4) (a) "County office" means an elective office where the officeholder is selected by
1984     voters entirely within one county.
1985          (b) "County office" does not [mean] include:
1986          (i) the office of justice or judge of any court of record or not of record;
1987          (ii) the office of presidential elector;
1988          (iii) any political party offices;
1989          (iv) any municipal or special district offices; and
1990          (v) the office of United States Senator and United States Representative.
1991          [(5) "Electronic candidate qualification process" means:]
1992          [(a) as it relates to a registered political party that is not a qualified political party, the
1993     process for gathering signatures electronically to seek the nomination of a registered political
1994     party, described in:]
1995          [(i) Section 20A-9-403;]
1996          [(ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and]
1997          [(iii) Section 20A-21-201; and]
1998          [(b) as it relates to a qualified political party, the process, for gathering signatures
1999     electronically to seek the nomination of a registered political party, described in:]
2000          [(i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);]
2001          [(ii) Section 20A-9-408; and]
2002          [(iii) Section 20A-21-201.]
2003          (5) "Electronic candidate qualification process" means the process for gathering
2004     signatures electronically to qualify for placement on the regular primary ballot as a candidate
2005     for a signature-convention party or a signature-only party under Section 20A-9-408.
2006          (6) "Federal office" means an elective office for United States Senator and United
2007     States Representative.
2008          (7) "Filing officer" means:
2009          (a) the lieutenant governor, for:
2010          (i) the office of United States Senator and United States Representative; and
2011          (ii) all constitutional offices;
2012          (b) for the office of a state senator, state representative, or the state school board, the
2013     lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
2014          (c) the county clerk, for county offices and local school district offices;
2015          (d) the county clerk in the filer's county of residence, for multicounty offices;
2016          (e) the city or town clerk, for municipal offices; or
2017          (f) the special district clerk, for special district offices.
2018          (8) "Local government office" includes county offices, municipal offices, and special
2019     district offices and other elective offices selected by the voters from a political division entirely
2020     within one county.
2021          (9) "Manual candidate qualification process" means the process for gathering
2022     signatures to [seek the nomination of a registered political party,] qualify for placement on the
2023     regular primary election ballot as a candidate for a regular partisan office, using paper signature
2024     packets that a signer physically signs.
2025          (10) (a) "Multicounty office" means an elective office where the officeholder is
2026     selected by the voters from more than one county.
2027          (b) "Multicounty office" does not [mean] include:
2028          (i) a county office;
2029          (ii) a federal office;
2030          (iii) the office of justice or judge of any court of record or not of record;
2031          (iv) the office of presidential elector;
2032          (v) any political party offices; or
2033          (vi) any municipal or special district offices.
2034          (11) "Municipal office" means an elective office in a municipality.
2035          (12) (a) "Political division" means a geographic unit from which an officeholder is
2036     elected and that an officeholder represents.
2037          (b) "Political division" includes a county, a city, a town, a special district, a school
2038     district, a legislative district, and a county prosecution district.
2039          [(13) "Qualified political party" means a registered political party that:]
2040          [(a) (i) permits a delegate for the registered political party to vote on a candidate
2041     nomination in the registered political party's convention remotely; or]
2042          [(ii) provides a procedure for designating an alternate delegate if a delegate is not
2043     present at the registered political party's convention;]
2044          [(b) does not hold the registered political party's convention before the fourth Saturday
2045     in March of an even-numbered year;]
2046          [(c) permits a member of the registered political party to seek the registered political
2047     party's nomination for any elective office by the member choosing to seek the nomination by
2048     either or both of the following methods:]
2049          [(i) seeking the nomination through the registered political party's convention process,
2050     in accordance with the provisions of Section 20A-9-407; or]
2051          [(ii) seeking the nomination by collecting signatures, in accordance with the provisions
2052     of Section 20A-9-408; and]
2053          [(d) (i) if the registered political party is a continuing political party, no later than 5
2054     p.m. on the first Monday of October of an odd-numbered year, certifies to the lieutenant
2055     governor that, for the election in the following year, the registered political party intends to
2056     nominate the registered political party's candidates in accordance with the provisions of Section
2057     20A-9-406; or]
2058          [(ii) if the registered political party is not a continuing political party, certifies at the
2059     time that the registered political party files the petition described in Section 20A-8-103 that, for
2060     the next election, the registered political party intends to nominate the registered political
2061     party's candidates in accordance with the provisions of Section 20A-9-406.]
2062          [(14)] (13) "Signature," as it relates to a petition to qualify for placement on a primary
2063     election ballot as a candidate [to seek the nomination of] for a registered political party, means:
2064          (a) when using the manual candidate qualification process, a holographic signature
2065     collected physically on a [nomination] petition described in Subsection 20A-9-405(3); or
2066          (b) when using the electronic candidate qualification process:
2067          (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
2068          (ii) a holographic signature collected electronically under Subsection
2069     20A-21-201(6)(c)(ii)(B).
2070          [(15)] (14) "Special district office" means an elected office in a special district.
2071          Section 26. Section 20A-9-201 is amended to read:
2072          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
2073     more than one political party prohibited with exceptions -- General filing and form
2074     requirements -- Affidavit of impecuniosity.
2075          (1) Before filing a declaration of candidacy for election to any office, an individual
2076     shall:
2077          (a) be a United States citizen;
2078          (b) meet the legal requirements of that office; and
2079          (c) if seeking [a registered political party's nomination as a candidate for elective
2080     office,] to qualify for placement on the regular primary election ballot as a candidate for a
2081     registered political party, state:
2082          (i) the registered political party of which the individual is a member; or
2083          (ii) that the individual is not a member of a registered political party.
2084          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
2085          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
2086     Utah during any election year;
2087          (ii) appear on the ballot as the candidate of more than one political party; or
2088          (iii) file a declaration of candidacy for a registered political party of which the
2089     individual is not a member, except to the extent that the registered political party permits
2090     otherwise in the registered political party's bylaws.
2091          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
2092     president or vice president of the United States and another office, if the individual resigns the
2093     individual's candidacy for the other office after the individual is officially nominated for
2094     president or vice president of the United States.
2095          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
2096     than one justice court judge office.
2097          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
2098     the individual filed a declaration of candidacy for another office in the same election year if the
2099     individual withdraws as a candidate for the other office in accordance with Subsection
2100     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
2101          (3) (a) Except for a candidate for president or vice president of the United States,
2102     before the filing officer may accept any declaration of candidacy, the filing officer shall:
2103          (i) read to the individual the constitutional and statutory qualification requirements for
2104     the office that the individual is seeking;
2105          (ii) require the individual to state whether the individual meets the requirements
2106     described in Subsection (3)(a)(i);
2107          (iii) if the declaration of candidacy is for a county office, inform the individual that an
2108     individual who holds a county elected office may not, at the same time, hold a municipal
2109     elected office; and
2110          (iv) if the declaration of candidacy is for a legislative office, inform the individual that
2111     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
2112     or trust, under authority of the United States or Utah, from being a member of the Legislature.
2113          (b) Before accepting a declaration of candidacy for the office of county attorney, the
2114     county clerk shall ensure that the individual filing that declaration of candidacy is:
2115          (i) a United States citizen;
2116          (ii) an attorney licensed to practice law in the state who is an active member in good
2117     standing of the Utah State Bar;
2118          (iii) a registered voter in the county in which the individual is seeking office; and
2119          (iv) a current resident of the county in which the individual is seeking office and either
2120     has been a resident of that county for at least one year before the date of the election or was
2121     appointed and is currently serving as county attorney and became a resident of the county
2122     within 30 days after appointment to the office.
2123          (c) Before accepting a declaration of candidacy for the office of district attorney, the
2124     county clerk shall ensure that, as of the date of the election, the individual filing that
2125     declaration of candidacy is:
2126          (i) a United States citizen;
2127          (ii) an attorney licensed to practice law in the state who is an active member in good
2128     standing of the Utah State Bar;
2129          (iii) a registered voter in the prosecution district in which the individual is seeking
2130     office; and
2131          (iv) a current resident of the prosecution district in which the individual is seeking
2132     office and either will have been a resident of that prosecution district for at least one year
2133     before the date of the election or was appointed and is currently serving as district attorney and
2134     became a resident of the prosecution district within 30 days after receiving appointment to the
2135     office.
2136          (d) Before accepting a declaration of candidacy for the office of county sheriff, the
2137     county clerk shall ensure that the individual filing the declaration:
2138          (i) is a United States citizen;
2139          (ii) is a registered voter in the county in which the individual seeks office;
2140          (iii) (A) has successfully met the standards and training requirements established for
2141     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
2142     Certification Act; or
2143          (B) has met the waiver requirements in Section 53-6-206;
2144          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
2145     53-13-103; and
2146          (v) before the date of the election, will have been a resident of the county in which the
2147     individual seeks office for at least one year.
2148          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
2149     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
2150     Education member, the filing officer shall ensure that the individual filing the declaration of
2151     candidacy also makes the conflict of interest disclosure described in Section 20A-11-1603.
2152          (4) If an individual who files a declaration of candidacy does not meet the qualification
2153     requirements for the office the individual is seeking, the filing officer may not accept the
2154     individual's declaration of candidacy.
2155          (5) If an individual who files a declaration of candidacy meets the requirements
2156     described in Subsection (3), the filing officer shall:
2157          (a) inform the individual that:
2158          (i) the individual's name will appear on the ballot as the individual's name is written on
2159     the individual's declaration of candidacy;
2160          (ii) the individual may be required to comply with state or local campaign finance
2161     disclosure laws; and
2162          (iii) the individual is required to file a financial statement before the individual's
2163     political convention under:
2164          (A) Section 20A-11-204 for a candidate for constitutional office;
2165          (B) Section 20A-11-303 for a candidate for the Legislature; or
2166          (C) local campaign finance disclosure laws, if applicable;
2167          (b) except for a presidential candidate, provide the individual with a copy of the current
2168     campaign financial disclosure laws for the office the individual is seeking and inform the
2169     individual that failure to comply will result in disqualification as a candidate and removal of
2170     the individual's name from the ballot;
2171          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
2172     Electronic Voter Information Website Program and inform the individual of the submission
2173     deadline under Subsection 20A-7-801(4)(a);
2174          (d) provide the candidate with a copy of the pledge of fair campaign practices
2175     described under Section 20A-9-206 and inform the candidate that:
2176          (i) signing the pledge is voluntary; and
2177          (ii) signed pledges shall be filed with the filing officer;
2178          (e) accept the individual's declaration of candidacy; and
2179          (f) if the individual has filed for a partisan office, provide a certified copy of the
2180     declaration of candidacy to the chair of the county or state political party of which the
2181     individual is a member.
2182          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
2183     officer shall:
2184          (a) accept the candidate's pledge; and
2185          (b) if the candidate has filed for a partisan office, provide a certified copy of the
2186     candidate's pledge to the chair of the county or state political party of which the candidate is a
2187     member.
2188          [(7) (a) Except for a candidate for president or vice president of the United States, the
2189     form of the declaration of candidacy shall:]
2190          [(i) be substantially as follows:]
2191          ["State of Utah, County of ____]
2192          [I, ______________, declare my candidacy for the office of ____, seeking the
2193     nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
2194     the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
2195     _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
2196     knowingly violate any law governing campaigns and elections; if filing via a designated agent,
2197     I will be out of the state of Utah during the entire candidate filing period; I will file all
2198     campaign financial disclosure reports as required by law; and I understand that failure to do so
2199     will result in my disqualification as a candidate for this office and removal of my name from
2200     the ballot. The mailing address that I designate for receiving official election notices is
2201     ___________________________.]
2202          [____________________________________________________________________]
2203          [Subscribed and sworn before me this __________(month\day\year).]
2204          [
Notary Public (or other officer qualified to administer oath)."; and]

2205          [(ii) require the candidate to state, in the sworn statement described in Subsection
2206     (7)(a)(i):]
2207          [(A) the registered political party of which the candidate is a member; or]
2208          [(B) that the candidate is not a member of a registered political party.]
2209          (7) (a) The declaration of candidacy for an individual seeking to qualify for placement
2210     on the regular primary election ballot as a candidate for a registered political party shall:
2211          (i) be substantially as follows:
2212          "State of Utah, County of ____
2213          I, ______________, declare my intention to seek qualification for placement on the
2214     regular primary election ballot for the office of ____ as a candidate for the ____ party. I do
2215     solemnly swear, under penalty of perjury, that: I will meet the qualifications to hold the office,
2216     both legally and constitutionally, if selected; I reside at _____________ in the City or Town of
2217     ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate any law governing
2218     campaigns and elections; I will file all campaign financial disclosure reports as required by
2219     law; and I understand that failure to do so will result in my disqualification as a candidate for
2220     this office and removal of my name from the ballot. The mailing address that I designate for
2221     receiving official election notices is_______________________________________________
2222     ___________________________________________________________________________.
2223          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
2224     other officer qualified to administer oath).";
2225          (ii) direct the candidate to state, in the sworn statement described in Subsection (7)(a):
2226          (A) the registered political party of which the candidate is a member; or
2227          (B) that the candidate is not a member of a registered political party; and
2228          (iii) if the candidate is seeking qualification for placement on the regular primary ballot
2229     as a candidate for a signature-convention party, direct the candidate to indicate whether the
2230     candidate is seeking the placement using:
2231          (A) the convention process described in Section 20A-9-406;
2232          (B) the signature-gathering process described in Section 20A-9-408; or
2233          (C) both processes described in Subsections (7)(a)(iii)(A) and (B).
2234          (b) An agent designated under Subsection [20A-9-202(1)(c)] 20A-9-202(1)(b) to file a
2235     declaration of candidacy may not sign the form described in Subsection (7)(a) [or Section
2236     20A-9-408.5].
2237          (8) (a) Except for a candidate for president or vice president of the United States, the
2238     fee for filing a declaration of candidacy is:
2239          (i) $50 for candidates for the local school district board; and
2240          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
2241     person holding the office for all other federal, state, and county offices.
2242          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
2243     any candidate:
2244          (i) who is disqualified; or
2245          (ii) who the filing officer determines has filed improperly.
2246          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
2247     from candidates.
2248          (ii) The lieutenant governor shall:
2249          (A) apportion to and pay to the county treasurers of the various counties all fees
2250     received for filing of nomination certificates or acceptances; and
2251          (B) ensure that each county receives that proportion of the total amount paid to the
2252     lieutenant governor from the congressional district that the total vote of that county for all
2253     candidates for representative in Congress bears to the total vote of all counties within the
2254     congressional district for all candidates for representative in Congress.
2255          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
2256     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
2257     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
2258     a financial statement filed at the time the affidavit is submitted.
2259          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
2260          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
2261     statement filed under this section shall be subject to the criminal penalties provided under
2262     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
2263          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
2264     considered an offense under this title for the purposes of assessing the penalties provided in
2265     Subsection 20A-1-609(2).
2266          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
2267     substantially the following form:
2268          "Affidavit of Impecuniosity
2269          Individual Name
2270     ____________________________Address_____________________________
2271          Phone Number _________________
2272          I,__________________________(name), do solemnly [swear] [affirm], under penalty
2273     of law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
2274     by law.
2275          Date ______________
2276     Signature________________________________________________ Affiant
2277          Subscribed and sworn to before me on ___________ (month\day\year)
2278          
______________________

2279          
(signature)

2280          Name and Title of Officer Authorized to Administer Oath
______________________".

2281          (v) The filing officer shall provide to a person who requests an affidavit of
2282     impecuniosity a statement printed in substantially the following form, which may be included
2283     on the affidavit of impecuniosity:
2284          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
2285     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
2286     penalties, will be removed from the ballot."
2287          (vi) The filing officer may request that a person who makes a claim of impecuniosity
2288     under this Subsection (8)(d) file a financial statement on a form prepared by the election
2289     official.
2290          (9) An individual who fails to file a declaration of candidacy or certificate of
2291     nomination within the time provided in this chapter is ineligible for [nomination to office]
2292     placement on the regular primary election ballot.
2293          (10) A declaration of candidacy filed under this section may not be amended or
2294     modified after the final date established for filing a declaration of candidacy.
2295          Section 27. Section 20A-9-201.5 is amended to read:
2296          20A-9-201.5. Declaration of candidacy filing periods.
2297          [(1) In 2022, for a qualified political party, the filing period to file a declaration of
2298     candidacy for an elective office that is to be filled at the next regular general election begins at
2299     8 a.m. on February 28, 2022, and ends at 5 p.m. on March 4, 2022. (2) Beginning on January
2300     1, 2024, for a qualified political party, the] The filing period to file a declaration of candidacy
2301     for an elective office that is to be filled at the next regular general election:
2302          [(a)] (1) begins at 8:00 a.m. on the later of:
2303          [(i)] (a) January 2 of the year in which the next regular general election is held; or
2304          [(ii)] (b) if January 2 is not a business day, the first business day after January 2; and
2305          [(b)] (2) ends:
2306          (a) for an individual seeking to qualify for placement on the regular primary election
2307     ballot as a candidate for a registered political party, at 5 p.m. on the fourth business day after
2308     the day on which the filing period begins[.];
2309          (b) except for a candidate described in Subsection (2)(c), for an individual seeking to
2310     qualify for placement on the regular primary election ballot as an unaffiliated candidate, at 5
2311     p.m. on the first Monday after the fourth Saturday in April; or
2312          (c) for an individual seeking to qualify for placement on the regular general election
2313     ballot as an unaffiliated candidate for president of the United States, at 5 p.m. on June 15 of the
2314     year in which the election will be held.
2315          Section 28. Section 20A-9-202 is amended to read:
2316          20A-9-202. Declarations of candidacy for regular primary elections and regular
2317     general elections.
2318          (1) (a) An individual seeking to become a candidate for an elective office that is to be
2319     filled at the next regular general election shall:
2320          (i) except as provided in Subsection [(1)(c),] (1)(b) or (f), timely file a declaration of
2321     candidacy in person with the filing officer [on or after January 1 of the regular general election
2322     year], and, if applicable, before the individual circulates [nomination] petitions to qualify for
2323     placement on a regular primary election ballot under Section 20A-9-405; and
2324          (ii) pay the filing fee.
2325          [(b) Unless expressly provided otherwise in this title, for a registered political party
2326     that is not a qualified political party, the deadline for filing a declaration of candidacy for an
2327     elective office that is to be filled at the next regular general election is 5 p.m. on the first
2328     Monday after the fourth Saturday in April.]
2329          [(c)] (b) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent
2330     to file a declaration of candidacy with the filing officer if:
2331          (i) the individual is located outside of the state during the entire filing period;
2332          (ii) the designated agent appears in person before the filing officer;
2333          (iii) the individual communicates with the filing officer using an electronic device that
2334     allows the individual and filing officer to see and hear each other; and
2335          (iv) the individual provides the filing officer with an email address to which the filing
2336     officer may send the individual the copies described in Subsection 20A-9-201(5).
2337          [(d)] (c) Each county clerk who receives a declaration of candidacy from a candidate
2338     for multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
2339     candidacy to the lieutenant governor within one business day after the candidate files the
2340     declaration of candidacy.
2341          [(e)] (d) Each day during the filing period, each county clerk shall notify the lieutenant
2342     governor electronically or by telephone of candidates who have filed a declaration of candidacy
2343     with the county clerk.
2344          [(f)] (e) Each individual seeking the office of lieutenant governor, the office of district
2345     attorney, or the office of president or vice president of the United States shall comply with the
2346     specific declaration of candidacy requirements established by this section.
2347          (f) An individual seeking to become an unaffiliated candidate for president of the
2348     United States:
2349          (i) is not required to participate in the regular primary election; and
2350          (ii) will qualify for placement on the regular general election ballot as an unaffiliated
2351     candidate for president of the United States if the individual complies with Part 5, Candidates
2352     not Affiliated with a Party, before 5 p.m. on June 15 of the year in which the regular general
2353     election is held.
2354          (2) (a) Each individual intending to become a candidate for the office of district
2355     attorney within a multicounty prosecution district that is to be filled at the next regular general
2356     election shall:
2357          (i) timely file a declaration of candidacy with the clerk designated in the interlocal
2358     agreement creating the prosecution district [on or after January 1 of the regular general election
2359     year], and, if applicable, before the individual circulates [nomination] petitions to qualify for
2360     placement on a regular primary election ballot under Section [20A-9-405] 20A-9-408; and
2361          (ii) pay the filing fee.
2362          (b) The designated clerk shall provide to the county clerk of each county in the
2363     prosecution district a certified copy of each declaration of candidacy filed for the office of
2364     district attorney.
2365          (3) (a) [Before the deadline described in Subsection (1)(b), each] Each lieutenant
2366     governor candidate shall:
2367          (i) timely file a declaration of candidacy with the lieutenant governor;
2368          (ii) pay the filing fee; and
2369          (iii) submit a letter from a candidate for governor who has received certification for the
2370     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
2371     as a joint-ticket running mate.
2372          (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
2373          (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
2374     replace the disqualified candidate.
2375          (4) Before 5 p.m. no later than August 31, each registered political party shall:
2376          (a) certify the names of the political party's candidates for president and vice president
2377     of the United States to the lieutenant governor; or
2378          (b) provide written authorization for the lieutenant governor to accept the certification
2379     of candidates for president and vice president of the United States from the national office of
2380     the registered political party.
2381          (5) (a) A declaration of candidacy filed under this section is valid unless a written
2382     objection is filed with the clerk or lieutenant governor before 5 p.m. on the last business day
2383     that is at least 10 days before the deadline described in Subsection [20A-9-409(4)(c)]
2384     20A-9-409(2).
2385          (b) If an objection is made, the clerk or lieutenant governor shall:
2386          (i) mail or personally deliver notice of the objection to the affected candidate
2387     immediately; and
2388          (ii) decide any objection within 48 hours after it is filed.
2389          (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
2390     problem by amending the declaration or petition before 5 p.m. within three days after the day
2391     on which the objection is sustained or by filing a new declaration before 5 p.m. within three
2392     days after the day on which the objection is sustained.
2393          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
2394          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
2395     by a district court if prompt application is made to the court.
2396          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
2397     of its discretion, agrees to review the lower court decision.
2398          (6) Any person who [filed] files a declaration of candidacy may withdraw as a
2399     candidate by filing a written affidavit with the clerk.
2400          (7) (a) Except for a candidate who is certified by a registered political party under
2401     Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
2402     August 31 of a general election year, each individual running as a candidate for vice president
2403     of the United States shall:
2404          (i) file a declaration of candidacy, in person or via a designated agent, on a form
2405     developed by the lieutenant governor, that:
2406          (A) contains the individual's name, address, and telephone number;
2407          (B) states that the individual meets the qualifications for the office of vice president of
2408     the United States;
2409          (C) names the presidential candidate, who has qualified for the general election ballot,
2410     with which the individual is running as a joint-ticket running mate;
2411          (D) states that the individual agrees to be the running mate of the presidential candidate
2412     described in Subsection (7)(a)(i)(C); and
2413          (E) contains any other necessary information identified by the lieutenant governor;
2414          (ii) pay the filing fee; and
2415          (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
2416     that names the individual as a joint-ticket running mate as a vice presidential candidate.
2417          (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
2418     candidacy.
2419          (c) A vice presidential candidate who fails to meet the requirements described in this
2420     Subsection (7) may not appear on the general election ballot.
2421          (8) An individual filing a declaration of candidacy for president or vice president of the
2422     United States shall pay a filing fee of $500.
2423          Section 29. Section 20A-9-401 is amended to read:
2424          20A-9-401. Primary elections.
2425          (1) This part shall be construed liberally so as to ensure full opportunity for persons to
2426     become candidates and for voters to express their choice.
2427          (2) This part may not be construed to unconstitutionally govern or regulate the internal
2428     procedures of a registered political party.
2429          Section 30. Section 20A-9-403 is amended to read:
2430          20A-9-403. Regular primary elections.
2431          (1) (a) [Candidates] Except as provided in Subsection (1)(c), candidates for elective
2432     office that are to be filled at the next regular general election shall be [nominated] selected in a
2433     regular primary election by direct vote of the people in the manner prescribed in this section. [
2434     The regular primary election is held on the date specified in Section 20A-1-201.5. Nothing in
2435     this section shall affect a candidate's ability to qualify for a regular general election's ballot as
2436     an unaffiliated candidate under Section 20A-9-501 or to participate in a regular general election
2437     as a write-in candidate under Section 20A-9-601.]
2438          (b) Except as provided in Subsection (1)(c), Subsection (1)(a) applies to all elective
2439     offices that are to be filled at the next regular general election, including candidates for partisan
2440     office, candidates for nonpartisan office, candidates who are unaffiliated with a political party,
2441     unaffiliated candidates, and write-in candidates.
2442          (c) Subsections (1)(a) and (b) do not apply to an unaffiliated candidate for president of
2443     the United States.
2444          [(b) Each registered political party that chooses to have the names of the registered
2445     political party's candidates for elective office featured with party affiliation on the ballot at a
2446     regular general election shall comply with the requirements of this section and shall nominate
2447     the registered political party's candidates for elective office in the manner described in this
2448     section.]
2449          [(c) A filing officer may not permit an official ballot at a regular general election to be
2450     produced or used if the ballot denotes affiliation between a registered political party or any
2451     other political group and a candidate for elective office who is not nominated in the manner
2452     prescribed in this section or in Subsection 20A-9-202(4).]
2453          [(d) Unless noted otherwise, the dates in this section refer to those that occur in each
2454     even-numbered year in which a regular general election will be held.]
2455          [(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
2456     shall:]
2457          [(i) either declare the registered political party's intent to participate in the next regular
2458     primary election or declare that the registered political party chooses not to have the names of
2459     the registered political party's candidates for elective office featured on the ballot at the next
2460     regular general election; and]
2461          [(ii) if the registered political party participates in the upcoming regular primary
2462     election, identify one or more registered political parties whose members may vote for the
2463     registered political party's candidates and whether individuals identified as unaffiliated with a
2464     political party may vote for the registered political party's candidates.]
2465          [(b) (i) A registered political party that is a continuing political party shall file the
2466     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
2467     November 30 of each odd-numbered year.]
2468          [(ii) An organization that is seeking to become a registered political party under
2469     Section 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the
2470     registered political party files the petition described in Section 20A-8-103.]
2471          [(3) (a) Except as provided in Subsection (3)(e), an individual who submits a
2472     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
2473     office on the regular primary ballot of the registered political party listed on the declaration of
2474     candidacy only if the individual is certified by the appropriate filing officer as having submitted
2475     a nomination petition that was:]
2476          [(i) circulated and completed in accordance with Section 20A-9-405; and]
2477          [(ii) signed by at least 2% of the registered political party's members who reside in the
2478     political division of the office that the individual seeks.]
2479          [(b) (i) A candidate for elective office shall submit signatures for a nomination petition
2480     to the appropriate filing officer for verification and certification no later than 5 p.m. on the final
2481     day in March.]
2482          [(ii) A candidate may supplement the candidate's submissions at any time on or before
2483     the filing deadline.]
2484          [(c) (i) The lieutenant governor shall determine for each elective office the total
2485     number of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by
2486     counting the aggregate number of individuals residing in each elective office's political division
2487     who have designated a particular registered political party on the individuals' voter registration
2488     forms on or before November 15 of each odd-numbered year.]
2489          [(ii) The lieutenant governor shall publish the determination for each elective office no
2490     later than November 30 of each odd-numbered year.]
2491          [(d) The filing officer shall:]
2492          [(i) except as otherwise provided in Section 20A-21-201, verify signatures on
2493     nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
2494     which a candidate submits the signatures to the filing officer;]
2495          [(ii) for all qualifying candidates for elective office who submit nomination petitions to
2496     the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
2497     described in Subsection 20A-9-202(1)(b);]
2498          [(iii) consider active and inactive voters eligible to sign nomination petitions;]
2499          [(iv) consider an individual who signs a nomination petition a member of a registered
2500     political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
2501     registered political party as the individual's party membership on the individual's voter
2502     registration form; and]
2503          [(v) except as otherwise provided in Section 20A-21-201 and with the assistance of the
2504     county clerk as applicable, use the procedures described in Section 20A-1-1002 to verify
2505     submitted nomination petition signatures, or use statistical sampling procedures to verify
2506     submitted nomination petition signatures in accordance with rules made under Subsection
2507     (3)(f).]
2508          [(e) Notwithstanding any other provision in this Subsection (3), a candidate for
2509     lieutenant governor may appear on the regular primary ballot of a registered political party
2510     without submitting nomination petitions if the candidate files a declaration of candidacy and
2511     complies with Subsection 20A-9-202(3).]
2512          [(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2513     director of elections, within the Office of the Lieutenant Governor, may make rules that:]
2514          [(i) provide for the use of statistical sampling procedures that:]
2515          [(A) filing officers are required to use to verify signatures under Subsection (3)(d);
2516     and]
2517          [(B) reflect a bona fide effort to determine the validity of a candidate's entire
2518     submission, using widely recognized statistical sampling techniques; and]
2519          [(ii) provide for the transparent, orderly, and timely submission, verification, and
2520     certification of nomination petition signatures.]
2521          (2) Each registered political party that chooses to have the names of the registered
2522     political party's candidates for elective office featured with party affiliation on a regular
2523     primary election ballot or a regular general election ballot shall:
2524          (a) comply with the requirements of this section; and
2525          (b) (i) if the registered political party is a signature-convention party, permit a member
2526     of the registered political party to seek qualification for placement on the regular primary
2527     election ballot for any regular partisan office, as a candidate for the registered political party, by
2528     the member choosing to seek qualification by either or both of the following methods:
2529          (A) seeking qualification through the registered political party's convention process, in
2530     accordance with the provisions of Section 20A-9-406; or
2531          (B) seeking qualification by collecting signatures, in accordance with the provisions of
2532     Section 20A-9-408; or
2533          (ii) if the registered political party is a signature-only political party, permit a member
2534     of the registered political party to seek qualification for placement on the regular primary
2535     election ballot for any regular partisan office, as a candidate for the registered political party,
2536     only via the signature-gathering process described in Section 20A-9-408.
2537          (3) If a registered political party does not choose to permit a member of the registered
2538     political party to seek qualification for placement on the regular primary election ballot for any
2539     regular partisan office, as a candidate for the registered political party, in accordance with
2540     Subsection (2)(b)(i) or (ii):
2541          (a) the registered political party is an alternate-path party;
2542          (b) the registered political party shall, before the deadline described in Subsection
2543     20A-9-201.5(2)(b), for each regular partisan office for which the registered political party
2544     desires to place a candidate on the regular primary election ballot, submit no more than two
2545     candidates for inclusion on the ballot; and
2546          (c) except as provided in Subsection (4), the filing officer may not include, on the
2547     regular primary election ballot or the regular general election ballot, any indication that denotes
2548     affiliation between the registered political party and any of the registered political party's
2549     candidates for a regular partisan office.
2550          (4) Subsection (3)(c) does not apply to an alternate-path party's candidates for president
2551     and vice president of the United States.
2552          [(g)] (5) The county clerk shall:
2553          [(i) review the declarations of candidacy filed by candidates for local boards of
2554     education to determine if more than two candidates have filed for the same seat;]
2555          [(ii)] (a) place the names of all candidates who have filed a declaration of candidacy for
2556     a local board of education seat on the nonpartisan section of the ballot if more than two
2557     candidates have filed for the same seat; and
2558          [(iii)] (b) determine the order of the local board of education candidates' names on the
2559     ballot in accordance with Section 20A-6-305.
2560          [(4)] (6) (a) Before the deadline described in Subsection [20A-9-409(4)(c)]
2561     20A-9-409(2), the lieutenant governor shall provide to the county clerks[:]
2562          [(i)] a list of the names of all candidates for federal, constitutional, multi-county, single
2563     county, and county offices [who have received certifications under Subsection (3)], along with
2564     instructions on how those names shall appear on the primary election ballot in accordance with
2565     Section 20A-6-305[; and].
2566          [(ii) a list of unopposed candidates for elective office who have been nominated by a
2567     registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
2568     unopposed candidates from the primary election ballot.]
2569          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
2570     joint-ticket running mates shall appear jointly on the primary election ballot.
2571          (c) After the county clerk receives the certified list from the lieutenant governor under
2572     Subsection [(4)(a)] (6)(a), the county clerk shall post or publish a primary election notice in
2573     substantially the following form:
2574          "Notice is given that a primary election will be held Tuesday, June ____,
2575     ________(year), to [nominate party candidates for the parties and candidates for nonpartisan
2576     local school board positions listed on the primary ballot.] determine the candidates who will
2577     advance to the general election. The polling place for voting precinct ____ is ____. The polls
2578     will open at 7 a.m. and continue open until 8 p.m. of the same day. Attest: county clerk."
2579          [(5) (a) A candidate who, at the regular primary election, receives the highest number
2580     of votes cast for the office sought by the candidate is:]
2581          [(i) nominated for that office by the candidate's registered political party; or]
2582          [(ii) for a nonpartisan local school board position, nominated for that office.]
2583          [(b) If two or more candidates are to be elected to the office at the regular general
2584     election, those party candidates equal in number to positions to be filled who receive the
2585     highest number of votes at the regular primary election are the nominees of the candidates'
2586     party for those positions.]
2587          [(c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:]
2588          [(A) no individual other than the candidate receives a certification under Subsection (3)
2589     for the regular primary election ballot of the candidate's registered political party for a
2590     particular elective office; or]
2591          [(B) for an office where more than one individual is to be elected or nominated, the
2592     number of candidates who receive certification under Subsection (3) for the regular primary
2593     election of the candidate's registered political party does not exceed the total number of
2594     candidates to be elected or nominated for that office.]
2595          [(ii) A candidate who is unopposed for an elective office in the regular primary election
2596     of a registered political party is nominated by the party for that office without appearing on the
2597     primary election ballot.]
2598          [(6) (a) When a tie vote occurs in any primary election for any national, state, or other
2599     office that represents more than one county, the governor, lieutenant governor, and attorney
2600     general shall, at a public meeting called by the governor and in the presence of the candidates
2601     involved, select the nominee by lot cast in whatever manner the governor determines.]
2602          [(b) When a tie vote occurs in any primary election for any county office, the district
2603     court judges of the district in which the county is located shall, at a public meeting called by
2604     the judges and in the presence of the candidates involved, select the nominee by lot cast in
2605     whatever manner the judges determine.]
2606          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
2607     primary election provided for by this section, and all expenses necessarily incurred in the
2608     preparation for or the conduct of that primary election shall be paid out of the treasury of the
2609     county or state, in the same manner as for the regular general elections.
2610          (8) An individual may not file a declaration of candidacy for a registered political party
2611     of which the individual is not a member, except to the extent that the registered political party
2612     permits otherwise under the registered political party's bylaws.
2613          Section 31. Section 20A-9-405 is amended to read:
2614          20A-9-405. Petition to qualify for placement on a regular primary election ballot
2615     for a signature-convention party or a signature-only party.
2616          (1) This section applies to the form and circulation of nomination petitions [for regular
2617     primary elections described in Subsection 20A-9-403(3)(a)] to qualify for placement on a
2618     regular primary election ballot under the signature-gathering process described in Section
2619     20A-9-408.
2620          (2) A candidate for elective office, and the agents of the candidate, may not circulate
2621     [nomination petitions] a petition described in Subsection (1) until the candidate has submitted a
2622     declaration of candidacy in accordance with Subsection 20A-9-202(1).
2623          (3) For the manual candidate qualification process, the [nomination] petitions
2624     described in Subsection (1) shall be in substantially the following form:
2625          (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
2626          (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
2627     space above that line blank for purposes of binding;
2628          (c) the petition shall be headed by a caption stating the purpose of the petition and the
2629     name of the proposed candidate;
2630          (d) the petition shall feature the word "Warning" followed by the following statement
2631     in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
2632     knowingly sign [a nomination] this petition with any name other than the person's own name,
2633     or more than once for the same candidate, or if the person is not registered to vote in this
2634     state.";
2635          (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
2636     numbered one through 10;
2637          (f) the signature portion of the petition shall be divided into columns headed by the
2638     following titles:
2639          (i) Registered Voter's Printed Name;
2640          (ii) Signature of Registered Voter;
2641          (iii) Party Affiliation of Registered Voter;
2642          (iv) Birth Date or Age (Optional);
2643          (v) Street Address, City, Zip Code; and
2644          (vi) Date of Signature; and
2645          (g) a photograph of the candidate may appear on the [nomination] petition.
2646          (4) For the electronic candidate qualification process, the lieutenant governor shall
2647     design an electronic [form] petition, using progressive screens, that includes:
2648          (a) the following warning:
2649          "Warning: It is a class A misdemeanor for anyone to knowingly sign [a nomination]
2650     this petition with any name other than the person's own name, or more than once for the same
2651     candidate, or if the person is not registered to vote in this state."; and
2652          (b) the following information for each individual who signs the petition:
2653          (i) name;
2654          (ii) party affiliation;
2655          (iii) date of birth or age, (optional);
2656          (iv) street address, city, zip code;
2657          (v) date of signature;
2658          (vi) other information required under Section 20A-21-201; and
2659          (vii) other information required by the lieutenant governor.
2660          (5) For the manual candidate qualification process, if one or more [nomination]
2661     petitions are bound together, a page shall be bound to the [nomination] petition(s) that features
2662     the following printed verification statement to be signed and dated by the petition circulator:
2663          "Verification
2664          State of Utah, County of ____
2665          I, ____, of ____, hereby state that:
2666          I am a Utah resident and am at least 18 years old;
2667          All the names that appear on the signature sheets bound to this page were, to the best of
2668     my knowledge, signed by the persons who professed to be the persons whose names appear on
2669     the signature sheets, and each of them signed the person's name on the signature sheets in my
2670     presence;
2671          I believe that each has printed and signed the person's name and written the person's
2672     street address correctly, and that each signer is registered to vote in Utah."
2673          (6) The lieutenant governor shall prepare and make public model [nomination petition]
2674     forms and associated instructions for a petition described in this section.
2675          (7) A [nomination] petition circulator must be at least 18 years old and a resident of the
2676     state, but may affiliate with any political party.
2677          (8) It is unlawful for any person to:
2678          (a) knowingly sign [the nomination] a petition described in this section or Section
2679     20A-9-408:
2680          (i) with any name other than the person's own name;
2681          (ii) more than once for the same candidate; or
2682          (iii) if the person is not registered to vote in this state;
2683          (b) sign the verification of a signature for a [nomination] petition described in this
2684     section if the person:
2685          (i) does not meet the residency requirements of Section 20A-2-105;
2686          (ii) has not witnessed the signing by those persons whose names appear on the
2687     [nomination] petition; or
2688          (iii) knows that a person whose signature appears on the [nomination] petition is not
2689     registered to vote in this state;
2690          (c) pay compensation to any person to sign a [nomination] petition; or
2691          (d) pay compensation to any person to circulate a [nomination] petition, if the
2692     compensation is based directly on the number of signatures submitted to a filing officer rather
2693     than on the number of signatures verified or on some other basis.
2694          (9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
2695          (10) Withdrawal of petition signatures is prohibited.
2696          Section 32. Section 20A-9-406 is repealed and reenacted to read:
2697          20A-9-406. Signature-convention party -- Requirements.
2698          (1) A registered political party shall comply with the requirements of this section to be
2699     a signature-convention party.
2700          (2) A signature-convention party that is a continuing political party shall:
2701          (a) permit a member of the party to seek qualification for placement on the primary
2702     election ballot as a candidate for the party by the member choosing to qualify for the ballot by
2703     either or both of the following methods:
2704          (i) through the party's convention process, in accordance with the provisions of this
2705     section; or
2706          (ii) by collecting signatures, in accordance with the provisions of Section 20A-9-408;
2707          (b) (i) permit a delegate for the party to vote for a candidate in the party's convention
2708     remotely; or
2709          (ii) provide a procedure for designating an alternate delegate if a delegate is not present
2710     at the party's convention; and
2711          (c) certify to the lieutenant governor, no later than 5 p.m. on the first Monday of
2712     October of an odd-numbered year:
2713          (i) that, from the date of the certification until the first Monday of October of the
2714     following odd-numbered year, the party is a signature-convention party and will comply with
2715     all requirements for a signature-convention party;
2716          (ii) the identity of one or more registered political parties whose members may sign a
2717     petition to qualify an individual for placement on the primary election ballot as a candidate for
2718     the signature-convention party;
2719          (iii) whether unaffiliated voters may sign a petition to qualify an individual for
2720     placement on the primary election ballot as a candidate for the signature-convention party; and
2721          (iv) for a presidential primary:
2722          (A) the identity of one or more registered political parties whose members may vote for
2723     the signature-convention party's candidates; and
2724          (B) whether unaffiliated voters may vote for the signature-convention party's
2725     candidates.
2726          (3) A signature-convention party that is not a continuing political party shall:
2727          (a) comply with Subsections (2)(a) and (b); and
2728          (b) certify to the lieutenant governor, at the time the party files the petition described in
2729     Section 20A-8-103:
2730          (i) that, from the date of the certification until the first Monday of October of the
2731     following odd-numbered year, the party is a signature-convention party and will comply with
2732     all requirements for a signature-convention party;
2733          (ii) the identity of one or more registered political parties whose members may sign a
2734     petition to qualify an individual for placement on the primary election ballot as a candidate for
2735     the signature-convention party;
2736          (iii) whether unaffiliated voters may sign a petition to qualify an individual for
2737     placement on the primary election ballot as a candidate for the signature-convention party; and
2738          (iv) for a presidential primary:
2739          (A) the identity of one or more registered political parties whose members may vote for
2740     the signature-convention party's candidates; and
2741          (B) whether unaffiliated voters may vote for the signature-convention party's
2742     candidates.
2743          (4) A signature-convention party may not:
2744          (a) hold the political party's convention before the fourth Saturday in March; or
2745          (b) attempt to place a candidate for the party on the primary election ballot by any
2746     method other than the methods described in Subsection (2)(a).
2747          (5) A signature-convention party that, at the party's convention, selects one or two
2748     candidates for a regular partisan office for placement on the primary election ballot shall certify
2749     the names of the candidates to the lieutenant governor before 5 p.m. on the first Wednesday
2750     after the fourth Saturday in April.
2751          Section 33. Section 20A-9-406.1 is enacted to read:
2752          20A-9-406.1. Signature-only political party.
2753          (1) A registered political party shall comply with the requirements of this section to be
2754     a signature-only party.
2755          (2) A signature-only party that is a continuing political party shall:
2756          (a) permit a member of the party to seek qualification for placement on the primary
2757     election ballot as a candidate for the party by collecting signatures, in accordance with the
2758     provisions of Section 20A-9-408; and
2759          (b) certify to the lieutenant governor, no later than 5 p.m. on the first Monday of
2760     October of an odd-numbered year:
2761          (i) that, from the date of the certification until the first Monday of October of the
2762     following odd-numbered year, the party is a signature-only party and will comply with all
2763     requirements for a signature-only party;
2764          (ii) the identity of one or more registered political parties whose members may sign a
2765     petition to qualify an individual for placement on the primary election ballot as a candidate for
2766     the signature-only party;
2767          (iii) whether unaffiliated voters may sign a petition to qualify an individual for
2768     placement on the primary election ballot as a candidate for the signature-only party; and
2769          (iv) for a presidential primary:
2770          (A) the identity of one or more registered political parties whose members may vote for
2771     the signature-only party's candidates; and
2772          (B) whether unaffiliated voters may vote for the signature-convention party's
2773     candidates.
2774          (3) A signature-only party that is not a continuing political party shall:
2775          (a) comply with Subsection (2)(a); and
2776          (b) certify to the lieutenant governor, at the time the party files the petition described in
2777     Section 20A-8-103:
2778          (i) that, from the date of the certification until the first Monday of October of the
2779     following odd-numbered year, the party is a signature-only party and will comply with all
2780     requirements for a signature-only party;
2781          (ii) the identity of one or more registered political parties whose members may sign a
2782     petition to qualify an individual for placement on the primary election ballot as a candidate for
2783     the signature-only party;
2784          (iii) whether unaffiliated voters may sign a petition to qualify an individual for
2785     placement on the primary election ballot as a candidate for the signature-only party; and
2786          (iv) for a presidential primary:
2787          (A) the identity of one or more registered political parties whose members may vote for
2788     the signature-only party's candidates; and
2789          (B) whether unaffiliated voters may vote for the signature-only party's candidates.
2790          (4) A signature-only party may not attempt to place a candidate for the party on the
2791     primary election ballot by any method other than the method described in Subsection (2)(a).
2792          Section 34. Section 20A-9-406.2 is enacted to read:
2793          20A-9-406.2. Alternate-path party.
2794          (1) A registered political party is an alternate-path party if the party does not either:
2795          (a) comply with Section 20A-9-406 to become a signature-convention party; or
2796          (b) comply with Section 20A-9-406.1 to become a signature-only party.
2797          (2) An alternate-path party:
2798          (a) may select the party's candidates for placement on the regular primary election
2799     ballot by any method provided by the party;
2800          (b) may not utilize any government processes or resources to select the party's
2801     candidates; and
2802          (c) shall, on or before 5 p.m. on the first Monday after the fourth Saturday in April,
2803     submit to the election officer the names of no more than two candidates for each regular
2804     partisan office.
2805          (3) The candidates for an alternate-path political party shall:
2806          (a) appear on the regular primary election ballot without any indication of party
2807     affiliation, nomination, or endorsement; and
2808          (b) if the candidates proceed to the regular general election, appear on the regular
2809     general election ballot without any indication of party affiliation, nomination, or endorsement.
2810          Section 35. Section 20A-9-408 is amended to read:
2811          20A-9-408. Signature-gathering process to qualify for placement on the regular
2812     primary election ballot as a candidate for a signature-convention party or a
2813     signature-only party -- Removal of signature.
2814          (1) This section describes the requirements for a member of a [qualified political party]
2815     signature-convention party or a signature-only party who is seeking [the nomination of the
2816     qualified political party for an elective office] to qualify for placement on the regular primary
2817     election ballot, as a candidate for the party, through the signature-gathering process described
2818     in this section.
2819          [(2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
2820     candidacy for a member of a qualified political party who is nominated by, or who is seeking
2821     the nomination of, the qualified political party under this section shall be substantially as
2822     described in Section 20A-9-408.5.]
2823          [(3)] (2) [Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in
2824     Subsection 20A-9-202(4), a member of a qualified political party who, under this section, is
2825     seeking the nomination of the qualified political party for an elective office that is to be filled at
2826     the next general election] An individual who is seeking placement on the regular primary
2827     election ballot as a candidate for a signature-convention party or a signature-only party via the
2828     signature-gathering process shall[: (a)], during the declaration of candidacy filing period
2829     described in Section 20A-9-201.5, and before gathering signatures under this section, file with
2830     the filing officer on a form approved by the lieutenant governor a notice of intent to gather
2831     signatures for candidacy that includes:
2832          [(i)] (a) the name of the [member] individual who will attempt to become a candidate
2833     for a registered political party under this section;
2834          [(ii)] (b) the name of the registered political party for which the [member] individual is
2835     seeking [nomination] to become a candidate;
2836          [(iii)] (c) the office for which the [member] individual is seeking to become a
2837     candidate;
2838          [(iv)] (d) the address and telephone number of the [member] individual; and
2839          [(v)] (e) other information required by the lieutenant governor[;].
2840          [(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
2841     in person, with the filing officer during the declaration of candidacy filing period described in
2842     Section 20A-9-201.5; and]
2843          [(c) pay the filing fee.]
2844          [(4)] (3) [Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified
2845     political party who, under this section, is seeking the nomination of the qualified political
2846     party] An individual who is seeking placement on the regular primary election ballot as a
2847     candidate for a signature-convention party or a signature-only party, via the signature-gathering
2848     process, for the office of district attorney within a multicounty prosecution district that is to be
2849     filled at the next general election shall[: (a)], during the declaration of candidacy filing period
2850     described in Section 20A-9-201.5, and before gathering signatures under this section, file with
2851     the filing officer on a form approved by the lieutenant governor a notice of intent to gather
2852     signatures for candidacy that includes:
2853          [(i)] (a) the name of the [member] individual who will attempt to become a candidate
2854     for a registered political party under this section;
2855          [(ii)] (b) the name of the registered political party for which the [member] individual is
2856     seeking [nomination] to become a candidate;
2857          [(iii)] (c) the office for which the [member] individual is seeking to become a
2858     candidate;
2859          [(iv)] (d) the address and telephone number of the [member] individual; and
2860          [(v)] (e) other information required by the lieutenant governor[;].
2861          [(b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
2862     in person, with the filing officer during the declaration of candidacy filing period described in
2863     Section 20A-9-201.5; and]
2864          [(c) pay the filing fee.]
2865          [(5)] (4) [Notwithstanding Subsection 20A-9-202(3)(a)(iii), a] A lieutenant governor
2866     candidate who files as the joint-ticket running mate of an individual who [is nominated by a
2867     qualified political party, under this section, for the office of governor] qualifies for placement
2868     on the regular primary election ballot as a candidate, for the office of governor, for a
2869     signature-convention party or a signature-only party under this section shall, during the
2870     declaration of candidacy filing period described in Section 20A-9-201.5, file a declaration of
2871     candidacy and submit a letter from the candidate for governor that names the lieutenant
2872     governor candidate as a joint-ticket running mate.
2873          [(6) The lieutenant governor shall ensure that the certification described in Subsection
2874     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
2875     under this section.]
2876          [(7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate
2877     who is nominated by a qualified political party under this section, designate the qualified
2878     political party that nominated the candidate.]
2879          [(8)] (5) [A member of a qualified political party may seek the nomination of the
2880     qualified political] An individual may seek placement on the regular primary election ballot as
2881     a candidate for a signature-convention party or a signature-only party for an elective office by:
2882          (a) complying with the requirements described in this section; and
2883          (b) collecting the number of signatures described in Subsection (6), on a [form]
2884     petition approved by the lieutenant governor that complies with Subsection 20A-9-405(3),
2885     during the period [beginning] that:
2886          (i) as it relates to a signature-convention party, begins on the day on which the
2887     [member] individual files a notice of intent to gather signatures and [ending] ends at 5 p.m. 14
2888     days before the day on which the [qualified political] signature-convention party's convention
2889     for the office is held[, in the following amounts:]; or
2890          (ii) as it relates to a signature-only party, begins on the day on which the individual
2891     files a notice of intent to gather signatures and ends at 5 p.m. on the first Monday after the
2892     second Saturday in April.
2893          (6) The number of signatures that an individual is required to gather under this section
2894     is:
2895          [(i)] (a) for a statewide race, 28,000 signatures of registered voters in the state who are
2896     permitted by the [qualified] political party to [vote for the qualified political party's candidates
2897     in a primary election] sign a petition to qualify an individual for placement on the primary
2898     election ballot as a candidate for the political party;
2899          [(ii)] (b) for a [congressional district] race for United States representative, 7,000
2900     signatures of registered voters who are residents of the applicable congressional district and are
2901     permitted by the [qualified] political party to [vote for the qualified political party's candidates
2902     in a primary election] sign a petition to qualify an individual for placement on the primary
2903     election ballot as a candidate for the political party;
2904          [(iii)] (c) for a state Senate district race, 2,000 signatures of registered voters who are
2905     residents of the state Senate district and are permitted by the [qualified] political party to [vote
2906     for the qualified political party's candidates in a primary election] sign a petition to qualify an
2907     individual for placement on the primary election ballot as a candidate for the political party;
2908          [(iv)] (d) for a state House district race, 1,000 signatures of registered voters who are
2909     residents of the state House district and are permitted by the [qualified] political party to [vote
2910     for the qualified political party's candidates in a primary election] sign a petition to qualify an
2911     individual for placement on the primary election ballot as a candidate for the political party;
2912          [(v)] (e) for a State Board of Education race, the lesser of:
2913          [(A)] (i) 2,000 signatures of registered voters who are residents of the State Board of
2914     Education district and are permitted by the [qualified] political party to [vote for the qualified
2915     political party's candidates in a primary election] sign a petition to qualify an individual for
2916     placement on the primary election ballot as a candidate for the political party; or
2917          [(B)] (ii) 3% of the registered voters of the [qualified] political party who are residents
2918     of the applicable State Board of Education district; and
2919          [(vi)] (f) for a county office race, signatures of 3% of the registered voters who are
2920     residents of the area permitted to vote for the county office and are permitted by the [qualified]
2921     political party to [vote for the qualified political party's candidates in a primary election] sign a
2922     petition to qualify an individual for placement on the primary election ballot as a candidate for
2923     the political party.
2924          [(9)] (7) (a) This Subsection [(9)] (7) applies only to the manual candidate qualification
2925     process.
2926          (b) In order for [a member of the qualified political party to qualify as a candidate for
2927     the qualified political party's nomination] an individual to qualify for placement on the regular
2928     primary election ballot as a candidate for a signature-convention party or a signature-only party
2929     for an elective office under this section, using the manual candidate qualification process, the
2930     [member] individual shall:
2931          (i) collect the signatures on a form approved by the lieutenant governor, using the same
2932     circulation and verification requirements described in Sections 20A-7-105 and 20A-7-204; and
2933          (ii) submit the signatures to the election officer before 5 p.m. no later than:
2934          (A) for a signature-convention party, 14 days before the day on which the [qualified
2935     political] signature-convention party holds the party's convention to select candidates, for the
2936     elective office, [for the qualified political party's nomination.] under Section 20A-9-406; or
2937          (B) for a signature-only party, the first Monday after the second Saturday in April.
2938          (c) [Upon] After timely receipt of the signatures described in Subsections [(8) and
2939     (9)(b)] (5), (6), (7)(b), (8)(b), or (8)(c), the election officer shall comply with Subsection (7)(d),
2940     no later than:
2941          (i) for a signature-convention party, the earlier of 14 days after the day on which the
2942     election officer receives the signatures, or one day before the day on which the [qualified
2943     political] signature-convention party holds [the] a convention to select [a nominee] an
2944     individual as a party candidate for the elective office to which the signature packets relate[:]; or
2945          (ii) for a signature-only party, 14 days after the day on which the election officer
2946     receives the signatures.
2947          (d) The election officer shall:
2948          (i) check the name of each individual who completes the verification for a signature
2949     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
2950          (ii) submit the name of each individual described in Subsection [(9)(c)(i)] (7)(d)(i) who
2951     is not a Utah resident or who is not at least 18 years old to the attorney general and the county
2952     attorney;
2953          (iii) with the assistance of the county clerk as applicable, determine whether each
2954     signer is a registered voter who is qualified to sign the petition, using the same method,
2955     described in Section 20A-1-1002, used to verify a signature on a petition; and
2956          (iv) certify whether each name is that of a registered voter who is qualified to sign the
2957     signature packet.
2958          [(d)] (e) (i) A registered voter who [physically] signs a form under Subsections [(8) and
2959     (9)(b)] (5), (6), (7)(b), (8)(b), or (8)(c) may have the voter's signature removed from the form
2960     by, no later than three business days after the day on which the member submits the signature
2961     form to the election officer, submitting to the election officer a statement requesting that the
2962     voter's signature be removed.
2963          (ii) A statement described in Subsection [(9)(d)(i)] (7)(e)(i) shall comply with the
2964     requirements described in Subsection 20A-1-1003(2).
2965          (iii) With the assistance of the county clerk as applicable, the election officer shall use
2966     the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an
2967     individual's signature after receiving a timely, valid statement requesting removal of the
2968     signature.
2969          [(10)] (8) (a) This Subsection [(10)] (8) applies only to the electronic candidate
2970     qualification process.
2971          (b) In order for [a member of the qualified political party to qualify as a candidate for
2972     the qualified political party's nomination for an elective office] an individual to seek
2973     qualification for placement on the regular primary election ballot, for a regular partisan office,
2974     as a candidate for a signature-convention party under this section, the [member] individual
2975     shall, before 5 p.m. no later than 14 days before the day on which the [qualified political]
2976     signature-convention party holds the party's convention to select candidates, for the elective
2977     office, [for the qualified political party's nomination,] collect signatures electronically:
2978          (i) in accordance with Section 20A-21-201; and
2979          (ii) using progressive screens, in a format approved by the lieutenant governor, that
2980     complies with Subsection 20A-9-405(4).
2981          (c) In order for an individual to seek qualification for placement on the regular primary
2982     election ballot, for a regular partisan office, as a candidate for a signature-only party under this
2983     section, the individual shall, before 5 p.m. on the deadline described in Subsection
2984     (7)(b)(ii)(B), collect signatures electronically:
2985          (i) in accordance with Section 20A-21-201; and
2986          (ii) using progressive screens, in a format approved by the lieutenant governor, that
2987     complies with Subsection 20A-9-405(4).
2988          [(c)] (d) Upon timely receipt of the signatures described in Subsections [(8) and (9)(b)]
2989     (5), (6), (7)(b), (8)(b), or (8)(c), the election officer shall comply with Subsection (7)(d):
2990          (i) for a signature-convention party, no later than the earlier of 14 days after the day on
2991     which the election officer receives the signatures, or one day before the day on which the
2992     [qualified political] signature-convention party holds the convention to select a [nominee]
2993     candidate for the elective office to which the signature packets relate[:]; or
2994          (ii) for a signature-only party, no later than 14 days after the day on which the election
2995     officer receives the signatures.
2996          (e) The election officer shall:
2997          (i) check the name of each individual who completes the verification for a signature to
2998     determine whether each individual is a resident of Utah and is at least 18 years old; and
2999          (ii) submit the name of each individual described in Subsection [(10)(c)(i)] (8)(e)(i)
3000     who is not a Utah resident or who is not at least 18 years old to the attorney general and the
3001     county attorney.
3002          [(11)] (9) (a) An individual may not gather signatures under this section until after the
3003     individual files a notice of intent to gather signatures for candidacy described in this section.
3004          (b) An individual who files a notice of intent to gather signatures for candidacy,
3005     described in Subsection [(3)(a) or (4)(a)] (2) or (3), is, beginning on the day on which the
3006     individual files the notice of intent to gather signatures for candidacy:
3007          (i) required to comply with the reporting requirements that a candidate for office is
3008     required to comply with; and
3009          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
3010     apply to a candidate for office in relation to the reporting requirements described in Subsection
3011     [(11)(b)(i)] (9)(b)(i).
3012          (c) Upon timely receipt of the signatures described in Subsections [(8) and (9)(b), or
3013     Subsections (8) and (10)(b)] (5), (6), (7)(b), (8)(b), or (9)(b), the election officer shall, no later
3014     than one day before the day on which [the qualified political] a signature-convention party
3015     holds the convention to select a [nominee] candidate for the elective office to which the
3016     signature packets relate, notify the [qualified political] signature-convention party and the
3017     lieutenant governor of the name of each [member of the qualified political party who qualifies
3018     as a nominee of the qualified political] individual who qualifies for placement on the primary
3019     election ballot as a candidate for the signature-convention party, under this section, for the
3020     elective office to which the convention relates.
3021          (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
3022     this section, the lieutenant governor shall post the notice of intent to gather signatures for
3023     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
3024     posts a declaration of candidacy.
3025          Section 36. Section 20A-9-409 is amended to read:
3026          20A-9-409. Primary election-- List of candidates provided to registered political
3027     party.
3028          (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
3029          [(2) (a) A qualified political party that nominates one or more candidates for an
3030     elective office under Section 20A-9-407 and does not have a candidate qualify as a candidate
3031     for that office under Section 20A-9-408, may, but is not required to, participate in the primary
3032     election for that office.]
3033          [(b) A qualified political party that has only one candidate qualify as a candidate for an
3034     elective office under Section 20A-9-408 and does not nominate a candidate for that office
3035     under Section 20A-9-407, may, but is not required to, participate in the primary election for
3036     that office.]
3037          [(c) A qualified political party that nominates one or more candidates for an elective
3038     office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
3039     office under Section 20A-9-408 shall participate in the primary election for that office.]
3040          [(d) A qualified political party that has two or more candidates qualify as candidates
3041     for an elective office under Section 20A-9-408 and does not nominate a candidate for that
3042     office under Section 20A-9-407 shall participate in the primary election for that office.]
3043          [(3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
3044     17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
3045     for a county commission office if:]
3046          [(a) there is more than one:]
3047          [(i) open position as defined in Section 17-52a-201; or]
3048          [(ii) midterm vacancy as defined in Section 17-52a-201; and]
3049          [(b) the number of candidates nominated under Section 20A-9-407 or qualified under
3050     Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
3051     of respective open positions or midterm vacancies.]
3052          [(4) (a) As used in this Subsection (4), a candidate is "unopposed" if:]
3053          [(i) no individual other than the candidate receives a certification, from the appropriate
3054     filing officer, for the regular primary election ballot of the candidate's registered political party
3055     for a particular elective office; or]
3056          [(ii) for an office where more than one individual is to be elected or nominated, the
3057     number of candidates who receive certification, from the appropriate filing officer, for the
3058     regular primary election of the candidate's registered political party does not exceed the total
3059     number of candidates to be elected or nominated for that office.]
3060          [(b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:]
3061          [(i) provide to the county clerks:]
3062          [(A) a list of the names of all candidates for federal, constitutional, multi-county, single
3063     county, and county offices who have received certifications from the appropriate filing officer,
3064     along with instructions on how those names shall appear on the primary election ballot in
3065     accordance with Section 20A-6-305; and]
3066          [(B) a list of unopposed candidates for elective office who have been nominated by a
3067     registered political party; and]
3068          [(ii) instruct the county clerks to exclude unopposed candidates from the primary
3069     election ballot.]
3070          [(c)] (2) [The deadline described in Subsection (4)(b) is] Before 5 p.m. on the first
3071     Wednesday after the fourth Saturday in April[.], the lieutenant governor shall provide to the
3072     county clerks a list of the names of all candidates for federal, constitutional, multi-county,
3073     single county, county, and school district offices who have received certifications from the
3074     appropriate filing officer, along with instructions on how those names shall appear on the
3075     regular primary election ballot in accordance with Section 20A-6-305.
3076          Section 37. Section 20A-9-601 is amended to read:
3077          20A-9-601. Qualifying as a write-in candidate.
3078          [(1) (a) Except as provided in Subsection (1)(b), an individual who wishes to become a
3079     valid write-in candidate shall file a declaration of candidacy in person, or through a designated
3080     agent for a candidate for president or vice president of the United States, with the appropriate
3081     filing officer before 5 p.m. no later than 65 days before the regular general election or a
3082     municipal general election in which the individual intends to be a write-in candidate.]
3083          (1) (a) An individual who desires to become a valid write-in candidate for an office,
3084     other than the office of president or vice president of the United States, to be filled at a regular
3085     general election:
3086          (i) shall file a declaration of candidacy before 5 p.m. on the first Monday after the
3087     fourth Saturday in April;
3088          (ii) shall participate in the regular primary election; and
3089          (iii) may advance to the regular general election only if the individual qualifies for
3090     advancement under Section 20A-1-303.
3091          (b) An individual who desires to become a valid write-in candidate for an office to be
3092     filled at a municipal general election shall file a declaration of candidacy with the appropriate
3093     filing officer before 5 p.m. no later than 65 days before the municipal general election.
3094          (c) An individual who desires to become a valid write-in candidate for president or
3095     vice president of the United States shall file a declaration of candidacy with the appropriate
3096     filing officer before 5 p.m. no later than 65 days before the regular general election.
3097          [(b)] (d) (i) The provisions of this Subsection [(1)(b)] (1)(d) do not apply to an
3098     individual who files a declaration of candidacy for president of the United States.
3099          (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
3100     declaration of candidacy with the appropriate filing officer if:
3101          (A) the individual is located outside of the state during the entire filing period;
3102          (B) the designated agent appears in person before the filing officer; and
3103          (C) the individual communicates with the filing officer using an electronic device that
3104     allows the individual and filing officer to see and hear each other.
3105          (2) (a) The form of the declaration of candidacy for a write-in candidate for all offices,
3106     except president or vice president of the United States, is substantially as follows:
3107          "State of Utah, County of ____
3108          I, ______________, declare my intention of becoming a candidate for the office of
3109     ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
3110     qualifications to hold the office, both legally and constitutionally, if selected; I reside at
3111     _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
3112     not knowingly violate any law governing campaigns and elections; if filing via a designated
3113     agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
3114     campaign financial disclosure reports as required by law; and I understand that failure to do so
3115     will result in my disqualification as a candidate for this office and rejection of any votes cast
3116     for me. The mailing address that I designate for receiving official election notices is
3117     ___________________________.
3118          ____________________________________________________________________
3119          Subscribed and sworn before me this __________(month\day\year).
3120          Notary Public (or other officer qualified to administer oath)."
3121          (b) The form of the declaration of candidacy for a write-in candidate for president of
3122     the United States is substantially as follows:
3123          "State of Utah, County of ____
3124          I, ______________, declare my intention of becoming a candidate for the office of the
3125     president of the United States. I do solemnly swear that: I will meet the qualifications to hold
3126     the office, both legally and constitutionally, if selected; I reside at _____________ in the City
3127     or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
3128     any law governing campaigns and elections. The mailing address that I designate for receiving
3129     official election notices is ___________________________. I designate _______________ as
3130     my vice presidential candidate.
3131          ____________________________________________________________________
3132          Subscribed and sworn before me this __________(month\day\year).
3133          Notary Public (or other officer qualified to administer oath.)"
3134          (c) A declaration of candidacy for a write-in candidate for vice president of the United
3135     States shall be in substantially the same form as a declaration of candidacy described in
3136     Subsection 20A-9-202(7).
3137          (d) An agent [described in Subsection (1)(a) or (b)] may not sign the form described in
3138     Subsection (2)(a) or (b) on behalf of a candidate described in Subsection (2)(a) or (b).
3139          (3) (a) The filing officer shall:
3140          (i) read to the candidate the constitutional and statutory requirements for the office;
3141          (ii) ask the candidate whether the candidate meets the requirements; and
3142          (iii) if the declaration of candidacy is for a legislative office, inform the individual that
3143     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
3144     or trust, under authority of the United States or Utah, from being a member of the Legislature.
3145          (b) If the candidate cannot meet the requirements of office, the filing officer may not
3146     accept the write-in candidate's declaration of candidacy.
3147          (4) (a) Except as provided in Subsection (4)(b), a write-in candidate is subject to
3148     Subsection 20A-9-201(8).
3149          (b) A write-in candidate for president of the United States is subject to Subsection
3150     20A-9-201(8)(d) or 20A-9-803(1)(d), as applicable.
3151          (5) [By] On or before November 1 of each regular general election year, the lieutenant
3152     governor shall certify to each county clerk the names of all write-in candidates who filed their
3153     declaration of candidacy with the lieutenant governor.
3154          Section 38. Section 20A-9-701 is amended to read:
3155          20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
3156          (1) No later than August 31 of each regular general election year, the lieutenant
3157     governor shall certify to each county clerk, for offices to be voted upon at the regular general
3158     election in that county clerk's county:
3159          [(a) the names of each candidate nominated under Subsection 20A-9-202(4) or
3160     Subsection 20A-9-403(5); and]
3161          (a) the names of each candidate listed on the primary election ballot who will proceed
3162     to the regular general election; and
3163          (b) the names of the candidates for president and vice president that are certified by the
3164     registered political party as the party's nominees.
3165          (2) The names shall be certified by the lieutenant governor and shall be displayed on
3166     the ballot as they are provided on the candidate's declaration of candidacy.
3167          (3) (a) [No other names] Except as provided in Subsection (3)(b), no names, other than
3168     the names of candidates for a signature-convention party or a signature-only party, may appear
3169     on the ballot as affiliated with, endorsed by, or nominated by any other registered political
3170     party, political party, or other political group.
3171          (b) The prohibition described in Subsection (3)(a) does not apply to candidates for
3172     president or vice president of the United States.
3173          Section 39. Section 20A-11-204 is amended to read:
3174          20A-11-204. State office candidate and state officeholder -- Financial reporting
3175     requirements -- Interim reports.
3176          (1) As used in this section:
3177          (a) "Campaign account" means a separate campaign account required under Subsection
3178     20A-11-201(1)(a) or (c).
3179          (b) "Received" means:
3180          (i) for a cash contribution, that the cash is given to a state office candidate or a member
3181     of the state office candidate's personal campaign committee;
3182          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
3183     instrument or check is negotiated;
3184          (iii) for a direct deposit made into a campaign account by a person not associated with
3185     the campaign, the earlier of:
3186          (A) the day on which the state office candidate or a member of the state office
3187     candidate's personal campaign committee becomes aware of the deposit and the source of the
3188     deposit;
3189          (B) the day on which the state office candidate or a member of the state office
3190     candidate's personal campaign committee receives notice of the deposit and the source of the
3191     deposit by mail, email, text, or similar means; or
3192          (C) 31 days after the day on which the direct deposit occurs; or
3193          (iv) for any other type of contribution, that any portion of the contribution's benefit
3194     inures to the state office candidate.
3195          (2) Except as provided in Subsection (3), each state office candidate shall file an
3196     interim report at the following times in any year in which the candidate has filed a declaration
3197     of candidacy for a public office:
3198          (a) (i) seven days before the candidate's political convention; or
3199          (ii) for an unaffiliated candidate, the fourth Saturday in March;
3200          (b) seven days before the regular primary election date;
3201          (c) September 30; and
3202          (d) seven days before the regular general election date.
3203          (3) If a state office candidate is a state office candidate seeking appointment for a
3204     midterm vacancy, the state office candidate:
3205          (a) shall file an interim report:
3206          (i) (A) no later than seven days before the day on which the political party [of the
3207     party] for which the state office candidate seeks nomination meets to declare a nominee for the
3208     governor to appoint in accordance with Section [20A-1-504] 20A-1-503; and
3209          (B) two days before the day on which the political party [of the party] for which the
3210     state office candidate seeks nomination meets to declare a nominee for the governor to appoint
3211     in accordance with [Subsection 20A-1-504(1)(b)(i)] Section 20A-1-503; or
3212          (ii) if a state office candidate decides to seek the appointment with less than seven days
3213     before the party meets, or the political party schedules the meeting to declare a nominee less
3214     than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
3215     before the day on which the party meets; and
3216          (b) is not required to file an interim report at the times described in Subsection (1).
3217          (4) Each interim report shall include the following information:
3218          (a) the net balance of the last summary report, if any;
3219          (b) a single figure equal to the total amount of receipts reported on all prior interim
3220     reports, if any, during the calendar year in which the interim report is due;
3221          (c) a single figure equal to the total amount of expenditures reported on all prior
3222     interim reports, if any, filed during the calendar year in which the interim report is due;
3223          (d) a detailed listing of:
3224          (i) for a state office candidate, each contribution received since the last summary report
3225     that has not been reported in detail on a prior interim report; or
3226          (ii) for a state officeholder, each contribution and public service assistance received
3227     since the last summary report that has not been reported in detail on a prior interim report;
3228          (e) for each nonmonetary contribution:
3229          (i) the fair market value of the contribution with that information provided by the
3230     contributor; and
3231          (ii) a specific description of the contribution;
3232          (f) a detailed listing of each expenditure made since the last summary report that has
3233     not been reported in detail on a prior interim report;
3234          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
3235          (h) a net balance for the year consisting of the net balance from the last summary
3236     report, if any, plus all receipts since the last summary report minus all expenditures since the
3237     last summary report;
3238          (i) a summary page in the form required by the lieutenant governor that identifies:
3239          (i) beginning balance;
3240          (ii) total contributions and public service assistance received during the period since
3241     the last statement;
3242          (iii) total contributions and public service assistance received to date;
3243          (iv) total expenditures during the period since the last statement; and
3244          (v) total expenditures to date; and
3245          (j) the name of a political action committee for which the state office candidate or state
3246     officeholder is designated as an officer who has primary decision-making authority under
3247     Section 20A-11-601.
3248          (5) (a) In preparing each interim report, all receipts and expenditures shall be reported
3249     as of five days before the required filing date of the report.
3250          (b) Any negotiable instrument or check received by a state office candidate or state
3251     officeholder more than five days before the required filing date of a report required by this
3252     section shall be included in the interim report.
3253          Section 40. Section 20A-21-101 is amended to read:
3254          20A-21-101. Definitions.
3255          As used in this chapter:
3256          (1) "Approved device" means a device described in Subsection 20A-21-201(4).
3257          (2) "Candidate qualification process" means the process, described in Section
3258     [20A-9-403 or] 20A-9-408, of gathering signatures to seek [the nomination of] qualification for
3259     placement on the regular primary election ballot for any regular partisan office as a candidate
3260     for a registered political party.
3261          (3) "Electronic candidate qualification process" means the same as that term is defined
3262     in Section 20A-9-101.
3263          (4) "Electronic initiative process" means the same as that term is defined in Section
3264     20A-7-101.
3265          (5) "Electronic referendum process" means the same as that term is defined in Section
3266     20A-7-101.
3267          (6) "Manual candidate qualification process" means the same as that term is defined in
3268     Section 20A-9-101.
3269          (7) "Petition" means:
3270          (a) as it relates to the electronic initiative process or the electronic referendum process,
3271     the electronic record that an individual signs to indicate the individual is in favor of placing the
3272     initiative or referendum on the ballot; or
3273          (b) as it relates to electronic candidate qualification process, the electronic record that
3274     an individual signs to indicate the individual is in favor of placing an individual's name on the
3275     ballot to run for a particular elective office.
3276          (8) "Signature" means:
3277          (a) as it relates to a signature gathered for an initiative or referendum, the same as that
3278     term is defined in Section 20A-7-101; or
3279          (b) as it relates to a signature gathered for the candidate qualification process, the same
3280     as that term is defined in Section 20A-9-101.
3281          (9) "Website" means:
3282          (a) as it relates to the electronic initiative process or the electronic referendum process,
3283     the website designated by the lieutenant governor for collecting the signatures and other
3284     information relating to the electronic initiative process or the electronic referendum process; or
3285          (b) as it relates to the electronic candidate qualification process, a website designated
3286     by the lieutenant governor for collecting the signatures and other information relating to the
3287     electronic candidate qualification process.
3288          Section 41. Section 63G-2-305 is amended to read:
3289          63G-2-305. Protected records.
3290          The following records are protected if properly classified by a governmental entity:
3291          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
3292     has provided the governmental entity with the information specified in Section 63G-2-309;
3293          (2) commercial information or nonindividual financial information obtained from a
3294     person if:
3295          (a) disclosure of the information could reasonably be expected to result in unfair
3296     competitive injury to the person submitting the information or would impair the ability of the
3297     governmental entity to obtain necessary information in the future;
3298          (b) the person submitting the information has a greater interest in prohibiting access
3299     than the public in obtaining access; and
3300          (c) the person submitting the information has provided the governmental entity with
3301     the information specified in Section 63G-2-309;
3302          (3) commercial or financial information acquired or prepared by a governmental entity
3303     to the extent that disclosure would lead to financial speculations in currencies, securities, or
3304     commodities that will interfere with a planned transaction by the governmental entity or cause
3305     substantial financial injury to the governmental entity or state economy;
3306          (4) records, the disclosure of which could cause commercial injury to, or confer a
3307     competitive advantage upon a potential or actual competitor of, a commercial project entity as
3308     defined in Subsection 11-13-103(4);
3309          (5) test questions and answers to be used in future license, certification, registration,
3310     employment, or academic examinations;
3311          (6) records, the disclosure of which would impair governmental procurement
3312     proceedings or give an unfair advantage to any person proposing to enter into a contract or
3313     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
3314     Subsection (6) does not restrict the right of a person to have access to, after the contract or
3315     grant has been awarded and signed by all parties:
3316          (a) a bid, proposal, application, or other information submitted to or by a governmental
3317     entity in response to:
3318          (i) an invitation for bids;
3319          (ii) a request for proposals;
3320          (iii) a request for quotes;
3321          (iv) a grant; or
3322          (v) other similar document; or
3323          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
3324          (7) information submitted to or by a governmental entity in response to a request for
3325     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
3326     the right of a person to have access to the information, after:
3327          (a) a contract directly relating to the subject of the request for information has been
3328     awarded and signed by all parties; or
3329          (b) (i) a final determination is made not to enter into a contract that relates to the
3330     subject of the request for information; and
3331          (ii) at least two years have passed after the day on which the request for information is
3332     issued;
3333          (8) records that would identify real property or the appraisal or estimated value of real
3334     or personal property, including intellectual property, under consideration for public acquisition
3335     before any rights to the property are acquired unless:
3336          (a) public interest in obtaining access to the information is greater than or equal to the
3337     governmental entity's need to acquire the property on the best terms possible;
3338          (b) the information has already been disclosed to persons not employed by or under a
3339     duty of confidentiality to the entity;
3340          (c) in the case of records that would identify property, potential sellers of the described
3341     property have already learned of the governmental entity's plans to acquire the property;
3342          (d) in the case of records that would identify the appraisal or estimated value of
3343     property, the potential sellers have already learned of the governmental entity's estimated value
3344     of the property; or
3345          (e) the property under consideration for public acquisition is a single family residence
3346     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
3347     the property as required under Section 78B-6-505;
3348          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
3349     compensated transaction of real or personal property including intellectual property, which, if
3350     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
3351     of the subject property, unless:
3352          (a) the public interest in access is greater than or equal to the interests in restricting
3353     access, including the governmental entity's interest in maximizing the financial benefit of the
3354     transaction; or
3355          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
3356     the value of the subject property have already been disclosed to persons not employed by or
3357     under a duty of confidentiality to the entity;
3358          (10) records created or maintained for civil, criminal, or administrative enforcement
3359     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
3360     release of the records:
3361          (a) reasonably could be expected to interfere with investigations undertaken for
3362     enforcement, discipline, licensing, certification, or registration purposes;
3363          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
3364     proceedings;
3365          (c) would create a danger of depriving a person of a right to a fair trial or impartial
3366     hearing;
3367          (d) reasonably could be expected to disclose the identity of a source who is not
3368     generally known outside of government and, in the case of a record compiled in the course of
3369     an investigation, disclose information furnished by a source not generally known outside of
3370     government if disclosure would compromise the source; or
3371          (e) reasonably could be expected to disclose investigative or audit techniques,
3372     procedures, policies, or orders not generally known outside of government if disclosure would
3373     interfere with enforcement or audit efforts;
3374          (11) records the disclosure of which would jeopardize the life or safety of an
3375     individual;
3376          (12) records the disclosure of which would jeopardize the security of governmental
3377     property, governmental programs, or governmental recordkeeping systems from damage, theft,
3378     or other appropriation or use contrary to law or public policy;
3379          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
3380     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
3381     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
3382          (14) records that, if disclosed, would reveal recommendations made to the Board of
3383     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
3384     Board of Pardons and Parole, or the Department of Health and Human Services that are based
3385     on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
3386     board's jurisdiction;
3387          (15) records and audit workpapers that identify audit, collection, and operational
3388     procedures and methods used by the State Tax Commission, if disclosure would interfere with
3389     audits or collections;
3390          (16) records of a governmental audit agency relating to an ongoing or planned audit
3391     until the final audit is released;
3392          (17) records that are subject to the attorney client privilege;
3393          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
3394     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
3395     quasi-judicial, or administrative proceeding;
3396          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
3397     from a member of the Legislature; and
3398          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
3399     legislative action or policy may not be classified as protected under this section; and
3400          (b) (i) an internal communication that is part of the deliberative process in connection
3401     with the preparation of legislation between:
3402          (A) members of a legislative body;
3403          (B) a member of a legislative body and a member of the legislative body's staff; or
3404          (C) members of a legislative body's staff; and
3405          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
3406     legislative action or policy may not be classified as protected under this section;
3407          (20) (a) records in the custody or control of the Office of Legislative Research and
3408     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
3409     legislation or contemplated course of action before the legislator has elected to support the
3410     legislation or course of action, or made the legislation or course of action public; and
3411          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
3412     Office of Legislative Research and General Counsel is a public document unless a legislator
3413     asks that the records requesting the legislation be maintained as protected records until such
3414     time as the legislator elects to make the legislation or course of action public;
3415          (21) research requests from legislators to the Office of Legislative Research and
3416     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
3417     in response to these requests;
3418          (22) drafts, unless otherwise classified as public;
3419          (23) records concerning a governmental entity's strategy about:
3420          (a) collective bargaining; or
3421          (b) imminent or pending litigation;
3422          (24) records of investigations of loss occurrences and analyses of loss occurrences that
3423     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
3424     Uninsured Employers' Fund, or similar divisions in other governmental entities;
3425          (25) records, other than personnel evaluations, that contain a personal recommendation
3426     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
3427     personal privacy, or disclosure is not in the public interest;
3428          (26) records that reveal the location of historic, prehistoric, paleontological, or
3429     biological resources that if known would jeopardize the security of those resources or of
3430     valuable historic, scientific, educational, or cultural information;
3431          (27) records of independent state agencies if the disclosure of the records would
3432     conflict with the fiduciary obligations of the agency;
3433          (28) records of an institution within the state system of higher education defined in
3434     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
3435     retention decisions, and promotions, which could be properly discussed in a meeting closed in
3436     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
3437     the final decisions about tenure, appointments, retention, promotions, or those students
3438     admitted, may not be classified as protected under this section;
3439          (29) records of the governor's office, including budget recommendations, legislative
3440     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
3441     policies or contemplated courses of action before the governor has implemented or rejected
3442     those policies or courses of action or made them public;
3443          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
3444     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
3445     recommendations in these areas;
3446          (31) records provided by the United States or by a government entity outside the state
3447     that are given to the governmental entity with a requirement that they be managed as protected
3448     records if the providing entity certifies that the record would not be subject to public disclosure
3449     if retained by it;
3450          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
3451     public body except as provided in Section 52-4-206;
3452          (33) records that would reveal the contents of settlement negotiations but not including
3453     final settlements or empirical data to the extent that they are not otherwise exempt from
3454     disclosure;
3455          (34) memoranda prepared by staff and used in the decision-making process by an
3456     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
3457     other body charged by law with performing a quasi-judicial function;
3458          (35) records that would reveal negotiations regarding assistance or incentives offered
3459     by or requested from a governmental entity for the purpose of encouraging a person to expand
3460     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
3461     person or place the governmental entity at a competitive disadvantage, but this section may not
3462     be used to restrict access to a record evidencing a final contract;
3463          (36) materials to which access must be limited for purposes of securing or maintaining
3464     the governmental entity's proprietary protection of intellectual property rights including patents,
3465     copyrights, and trade secrets;
3466          (37) the name of a donor or a prospective donor to a governmental entity, including an
3467     institution within the state system of higher education defined in Section 53B-1-102, and other
3468     information concerning the donation that could reasonably be expected to reveal the identity of
3469     the donor, provided that:
3470          (a) the donor requests anonymity in writing;
3471          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
3472     classified protected by the governmental entity under this Subsection (37); and
3473          (c) except for an institution within the state system of higher education defined in
3474     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
3475     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
3476     over the donor, a member of the donor's immediate family, or any entity owned or controlled
3477     by the donor or the donor's immediate family;
3478          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
3479     73-18-13;
3480          (39) a notification of workers' compensation insurance coverage described in Section
3481     34A-2-205;
3482          (40) (a) the following records of an institution within the state system of higher
3483     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
3484     or received by or on behalf of faculty, staff, employees, or students of the institution:
3485          (i) unpublished lecture notes;
3486          (ii) unpublished notes, data, and information:
3487          (A) relating to research; and
3488          (B) of:
3489          (I) the institution within the state system of higher education defined in Section
3490     53B-1-102; or
3491          (II) a sponsor of sponsored research;
3492          (iii) unpublished manuscripts;
3493          (iv) creative works in process;
3494          (v) scholarly correspondence; and
3495          (vi) confidential information contained in research proposals;
3496          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
3497     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
3498          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
3499          (41) (a) records in the custody or control of the Office of the Legislative Auditor
3500     General that would reveal the name of a particular legislator who requests a legislative audit
3501     prior to the date that audit is completed and made public; and
3502          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
3503     Office of the Legislative Auditor General is a public document unless the legislator asks that
3504     the records in the custody or control of the Office of the Legislative Auditor General that would
3505     reveal the name of a particular legislator who requests a legislative audit be maintained as
3506     protected records until the audit is completed and made public;
3507          (42) records that provide detail as to the location of an explosive, including a map or
3508     other document that indicates the location of:
3509          (a) a production facility; or
3510          (b) a magazine;
3511          (43) information contained in the statewide database of the Division of Aging and
3512     Adult Services created by Section 26B-6-210;
3513          (44) information contained in the Licensing Information System described in Title 80,
3514     Chapter 2, Child Welfare Services;
3515          (45) information regarding National Guard operations or activities in support of the
3516     National Guard's federal mission;
3517          (46) records provided by any pawn or secondhand business to a law enforcement
3518     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
3519     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
3520          (47) information regarding food security, risk, and vulnerability assessments performed
3521     by the Department of Agriculture and Food;
3522          (48) except to the extent that the record is exempt from this chapter pursuant to Section
3523     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
3524     prepared or maintained by the Division of Emergency Management, and the disclosure of
3525     which would jeopardize:
3526          (a) the safety of the general public; or
3527          (b) the security of:
3528          (i) governmental property;
3529          (ii) governmental programs; or
3530          (iii) the property of a private person who provides the Division of Emergency
3531     Management information;
3532          (49) records of the Department of Agriculture and Food that provides for the
3533     identification, tracing, or control of livestock diseases, including any program established under
3534     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
3535     of Animal Disease;
3536          (50) as provided in Section 26B-2-408:
3537          (a) information or records held by the Department of Health and Human Services
3538     related to a complaint regarding a child care program or residential child care which the
3539     department is unable to substantiate; and
3540          (b) information or records related to a complaint received by the Department of Health
3541     and Human Services from an anonymous complainant regarding a child care program or
3542     residential child care;
3543          (51) unless otherwise classified as public under Section 63G-2-301 and except as
3544     provided under Section 41-1a-116, an individual's home address, home telephone number, or
3545     personal mobile phone number, if:
3546          (a) the individual is required to provide the information in order to comply with a law,
3547     ordinance, rule, or order of a government entity; and
3548          (b) the subject of the record has a reasonable expectation that this information will be
3549     kept confidential due to:
3550          (i) the nature of the law, ordinance, rule, or order; and
3551          (ii) the individual complying with the law, ordinance, rule, or order;
3552          (52) the portion of the following documents that contains a candidate's residential or
3553     mailing address, if the candidate provides to the filing officer another address or phone number
3554     where the candidate may be contacted:
3555          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
3556     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
3557     [20A-9-408.5,] 20A-9-502, or 20A-9-601;
3558          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
3559          (c) a notice of intent to gather signatures for candidacy, described in Section
3560     20A-9-408;
3561          (53) the name, home address, work addresses, and telephone numbers of an individual
3562     that is engaged in, or that provides goods or services for, medical or scientific research that is:
3563          (a) conducted within the state system of higher education, as defined in Section
3564     53B-1-102; and
3565          (b) conducted using animals;
3566          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
3567     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
3568     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
3569     information disclosed under Subsection 78A-12-203(5)(e);
3570          (55) information collected and a report prepared by the Judicial Performance
3571     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
3572     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
3573     the information or report;
3574          (56) records provided or received by the Public Lands Policy Coordinating Office in
3575     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
3576          (57) information requested by and provided to the 911 Division under Section
3577     63H-7a-302;
3578          (58) in accordance with Section 73-10-33:
3579          (a) a management plan for a water conveyance facility in the possession of the Division
3580     of Water Resources or the Board of Water Resources; or
3581          (b) an outline of an emergency response plan in possession of the state or a county or
3582     municipality;
3583          (59) the following records in the custody or control of the Office of Inspector General
3584     of Medicaid Services, created in Section 63A-13-201:
3585          (a) records that would disclose information relating to allegations of personal
3586     misconduct, gross mismanagement, or illegal activity of a person if the information or
3587     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
3588     through other documents or evidence, and the records relating to the allegation are not relied
3589     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
3590     report or final audit report;
3591          (b) records and audit workpapers to the extent they would disclose the identity of a
3592     person who, during the course of an investigation or audit, communicated the existence of any
3593     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
3594     regulation adopted under the laws of this state, a political subdivision of the state, or any
3595     recognized entity of the United States, if the information was disclosed on the condition that
3596     the identity of the person be protected;
3597          (c) before the time that an investigation or audit is completed and the final
3598     investigation or final audit report is released, records or drafts circulated to a person who is not
3599     an employee or head of a governmental entity for the person's response or information;
3600          (d) records that would disclose an outline or part of any investigation, audit survey
3601     plan, or audit program; or
3602          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
3603     investigation or audit;
3604          (60) records that reveal methods used by the Office of Inspector General of Medicaid
3605     Services, the fraud unit, or the Department of Health and Human Services, to discover
3606     Medicaid fraud, waste, or abuse;
3607          (61) information provided to the Department of Health and Human Services or the
3608     Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
3609     58-68-304(3) and (4);
3610          (62) a record described in Section 63G-12-210;
3611          (63) captured plate data that is obtained through an automatic license plate reader
3612     system used by a governmental entity as authorized in Section 41-6a-2003;
3613          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
3614     victim, including:
3615          (a) a victim's application or request for benefits;
3616          (b) a victim's receipt or denial of benefits; and
3617          (c) any administrative notes or records made or created for the purpose of, or used to,
3618     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
3619     Reparations Fund;
3620          (65) an audio or video recording created by a body-worn camera, as that term is
3621     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
3622     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
3623     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
3624     that term is defined in Section 26B-2-101, except for recordings that:
3625          (a) depict the commission of an alleged crime;
3626          (b) record any encounter between a law enforcement officer and a person that results in
3627     death or bodily injury, or includes an instance when an officer fires a weapon;
3628          (c) record any encounter that is the subject of a complaint or a legal proceeding against
3629     a law enforcement officer or law enforcement agency;
3630          (d) contain an officer involved critical incident as defined in Subsection
3631     76-2-408(1)(f); or
3632          (e) have been requested for reclassification as a public record by a subject or
3633     authorized agent of a subject featured in the recording;
3634          (66) a record pertaining to the search process for a president of an institution of higher
3635     education described in Section 53B-2-102, except for application materials for a publicly
3636     announced finalist;
3637          (67) an audio recording that is:
3638          (a) produced by an audio recording device that is used in conjunction with a device or
3639     piece of equipment designed or intended for resuscitating an individual or for treating an
3640     individual with a life-threatening condition;
3641          (b) produced during an emergency event when an individual employed to provide law
3642     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
3643          (i) is responding to an individual needing resuscitation or with a life-threatening
3644     condition; and
3645          (ii) uses a device or piece of equipment designed or intended for resuscitating an
3646     individual or for treating an individual with a life-threatening condition; and
3647          (c) intended and used for purposes of training emergency responders how to improve
3648     their response to an emergency situation;
3649          (68) records submitted by or prepared in relation to an applicant seeking a
3650     recommendation by the Research and General Counsel Subcommittee, the Budget
3651     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
3652     employment position with the Legislature;
3653          (69) work papers as defined in Section 31A-2-204;
3654          (70) a record made available to Adult Protective Services or a law enforcement agency
3655     under Section 61-1-206;
3656          (71) a record submitted to the Insurance Department in accordance with Section
3657     31A-37-201;
3658          (72) a record described in Section 31A-37-503;
3659          (73) any record created by the Division of Professional Licensing as a result of
3660     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
3661          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
3662     involving an amusement ride;
3663          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
3664     on a political petition, or on a request to withdraw a signature from a political petition,
3665     including a petition or request described in the following titles:
3666          (a) Title 10, Utah Municipal Code;
3667          (b) Title 17, Counties;
3668          (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
3669          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
3670          (e) Title 20A, Election Code;
3671          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
3672     a voter registration record;
3673          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
3674     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
3675     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
3676          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
3677     5, Victims Guidelines for Prosecutors Act;
3678          (79) a record submitted to the Insurance Department under Section 31A-48-103;
3679          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
3680     prohibited under Section 63G-26-103;
3681          (81) an image taken of an individual during the process of booking the individual into
3682     jail, unless:
3683          (a) the individual is convicted of a criminal offense based upon the conduct for which
3684     the individual was incarcerated at the time the image was taken;
3685          (b) a law enforcement agency releases or disseminates the image:
3686          (i) after determining that the individual is a fugitive or an imminent threat to an
3687     individual or to public safety and releasing or disseminating the image will assist in
3688     apprehending the individual or reducing or eliminating the threat; or
3689          (ii) to a potential witness or other individual with direct knowledge of events relevant
3690     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
3691     individual in connection with the criminal investigation or criminal proceeding; or
3692          (c) a judge orders the release or dissemination of the image based on a finding that the
3693     release or dissemination is in furtherance of a legitimate law enforcement interest;
3694          (82) a record:
3695          (a) concerning an interstate claim to the use of waters in the Colorado River system;
3696          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
3697     representative from another state or the federal government as provided in Section
3698     63M-14-205; and
3699          (c) the disclosure of which would:
3700          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
3701     Colorado River system;
3702          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
3703     negotiate the best terms and conditions regarding the use of water in the Colorado River
3704     system; or
3705          (iii) give an advantage to another state or to the federal government in negotiations
3706     regarding the use of water in the Colorado River system;
3707          (83) any part of an application described in Section 63N-16-201 that the Governor's
3708     Office of Economic Opportunity determines is nonpublic, confidential information that if
3709     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
3710     not be used to restrict access to a record evidencing a final contract or approval decision;
3711          (84) the following records of a drinking water or wastewater facility:
3712          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
3713     and
3714          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
3715     drinking water or wastewater facility uses to secure, or prohibit access to, the records described
3716     in Subsection (84)(a);
3717          (85) a statement that an employee of a governmental entity provides to the
3718     governmental entity as part of the governmental entity's personnel or administrative
3719     investigation into potential misconduct involving the employee if the governmental entity:
3720          (a) requires the statement under threat of employment disciplinary action, including
3721     possible termination of employment, for the employee's refusal to provide the statement; and
3722          (b) provides the employee assurance that the statement cannot be used against the
3723     employee in any criminal proceeding;
3724          (86) any part of an application for a Utah Fits All Scholarship account described in
3725     Section 53F-6-402 or other information identifying a scholarship student as defined in Section
3726     53F-6-401; and
3727          (87) a record:
3728          (a) concerning a claim to the use of waters in the Great Salt Lake;
3729          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
3730     person concerning the claim, including a representative from another state or the federal
3731     government; and
3732          (c) the disclosure of which would:
3733          (i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
3734     Salt Lake;
3735          (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
3736     and conditions regarding the use of water in the Great Salt Lake; or
3737          (iii) give an advantage to another person including another state or to the federal
3738     government in negotiations regarding the use of water in the Great Salt Lake.
3739          Section 42. Repealer.
3740          This bill repeals:
3741          Section 20A-1-504, Midterm vacancies in the offices of attorney general, state
3742     treasurer, state auditor, State Board of Education member, and lieutenant governor.
3743          Section 20A-9-407, Convention process to seek the nomination of a qualified
3744     political party.
3745          Section 20A-9-408.5, Declaration of candidacy form for qualified political party.
3746          Section 20A-9-411, Signing multiple nomination petitions.
3747          Section 43. Effective date.
3748          This bill takes effect on January 1, 2025.