1     
ELECTIONS OFFICE

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill establishes the Elections Office, to assume all responsibility for elections
10     currently under the authority of the lieutenant governor.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Elections Office, as an independent state agency, to assume all
15     responsibility for elections currently under the authority of the lieutenant governor;
16          ▸     provides for the appointment of a director of the Elections Office who will serve as
17     the chief election officer of the state;
18          ▸     transfers all duties and powers of the lieutenant governor in relation to elections to
19     the Elections Office or the director of the Elections Office; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          10-2-302, as last amended by Laws of Utah 2015, Chapter 352

28          10-2a-102, as last amended by Laws of Utah 2023, Chapter 224
29          10-2a-208, as last amended by Laws of Utah 2023, Chapters 116, 224 and last amended
30     by Coordination Clause, Laws of Utah 2023, Chapter 116
31          10-2a-210, as last amended by Laws of Utah 2023, Chapters 16, 224 and 435
32          10-2a-212, as last amended by Laws of Utah 2019, Chapter 165
33          10-2a-216, as last amended by Laws of Utah 2019, Chapter 165
34          10-2a-403, as enacted by Laws of Utah 2015, Chapter 352 and further amended by
35     Revisor Instructions, Laws of Utah 2015, Chapter 352
36          10-2a-408, as enacted by Laws of Utah 2015, Chapter 352
37          10-2a-412, as enacted by Laws of Utah 2015, Chapter 352
38          10-3-208, as last amended by Laws of Utah 2023, Chapter 45
39          10-3-301, as last amended by Laws of Utah 2023, Chapter 435
40          11-14-102, as last amended by Laws of Utah 2023, Chapter 16
41          11-14-201, as last amended by Laws of Utah 2014, Chapter 356
42          11-14-202, as last amended by Laws of Utah 2023, Chapter 435
43          11-14-301, as last amended by Laws of Utah 2022, Chapter 325
44          17-2-104, as renumbered and amended by Laws of Utah 2009, Chapter 350
45          17-2-105, as renumbered and amended by Laws of Utah 2009, Chapter 350
46          17-2-204, as renumbered and amended by Laws of Utah 2009, Chapter 350
47          17-2-205, as renumbered and amended by Laws of Utah 2009, Chapter 350
48          17-3-3, as last amended by Laws of Utah 2009, Chapter 350
49          17-16-6.5, as last amended by Laws of Utah 2023, Chapter 45
50          17-20-5, as last amended by Laws of Utah 2022, Chapter 18
51          17-50-502, as last amended by Laws of Utah 2019, Chapter 14
52          17-52a-503, as last amended by Laws of Utah 2023, Chapter 15
53          17B-1-303, as last amended by Laws of Utah 2023, Chapter 15
54          17B-1-306, as last amended by Laws of Utah 2023, Chapters 15, 435
55          20A-1-102, as last amended by Laws of Utah 2023, Chapters 15, 234 and 297
56          20A-1-105, as enacted by Laws of Utah 2023, Chapter 297
57          20A-1-106, as enacted by Laws of Utah 2023, Chapter 297
58          20A-1-107, as enacted by Laws of Utah 2023, Chapter 297

59          20A-1-108, as enacted by Laws of Utah 2023, Chapter 297
60          20A-1-206, as last amended by Laws of Utah 2023, Chapters 15, 435
61          20A-1-305, as enacted by Laws of Utah 1993, Chapter 1
62          20A-1-308, as last amended by Laws of Utah 2020, Chapter 31
63          20A-1-501, as last amended by Laws of Utah 2023, Chapter 234
64          20A-1-503, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
65          20A-1-510, as last amended by Laws of Utah 2023, Chapter 46
66          20A-1-603, as last amended by Laws of Utah 2023, Chapter 175
67          20A-1-802, as enacted by Laws of Utah 2014, Chapter 254
68          20A-1-1001, as enacted by Laws of Utah 2023, Chapter 116
69          20A-2-101.1, as last amended by Laws of Utah 2018, Chapter 223
70          20A-2-102.5, as last amended by Laws of Utah 2023, Chapter 45
71          20A-2-104, as last amended by Laws of Utah 2023, Chapters 327, 406
72          20A-2-107, as last amended by Laws of Utah 2023, Chapters 45, 89 and last amended
73     by Coordination Clause, Laws of Utah 2023, Chapter 89
74          20A-2-108, as last amended by Laws of Utah 2023, Chapter 406
75          20A-2-201, as last amended by Laws of Utah 2020, Chapters 31, 95 and last amended
76     by Coordination Clause, Laws of Utah 2020, Chapter 95
77          20A-2-204, as last amended by Laws of Utah 2023, Chapter 237
78          20A-2-205, as last amended by Laws of Utah 2020, Chapter 31 and last amended by
79     Coordination Clause, Laws of Utah 2020, Chapter 95
80          20A-2-206, as last amended by Laws of Utah 2023, Chapter 297
81          20A-2-207, as last amended by Laws of Utah 2022, Chapter 18
82          20A-2-300.6, as last amended by Laws of Utah 2023, Chapter 297
83          20A-2-502, as renumbered and amended by Laws of Utah 2023, Chapter 297
84          20A-2-503, as renumbered and amended by Laws of Utah 2023, Chapter 297
85          20A-2-505, as last amended by Laws of Utah 2023, Chapters 327, 406 and renumbered
86     and amended by Laws of Utah 2023, Chapter 297
87          20A-2-506, as renumbered and amended by Laws of Utah 2023, Chapter 297
88          20A-2-507, as enacted by Laws of Utah 2023, Chapter 297
89          20A-3a-106, as enacted by Laws of Utah 2023, Chapter 297

90          20A-3a-202, as last amended by Laws of Utah 2023, Chapters 56, 106 and 297
91          20A-3a-401, as last amended by Laws of Utah 2023, Chapters 56, 106, 297, and 406
92     and last amended by Coordination Clause, Laws of Utah 2023, Chapter 106
93          20A-3a-401.1, as enacted by Laws of Utah 2023, Chapter 297
94          20A-3a-401.5, as last amended by Laws of Utah 2023, Chapter 297
95          20A-3a-402, as last amended by Laws of Utah 2022, Chapter 380
96          20A-3a-402.5, as enacted by Laws of Utah 2023, Chapter 297
97          20A-3a-404, as enacted by Laws of Utah 2022, Chapter 156
98          20A-3a-601, as last amended by Laws of Utah 2020, Chapter 95 and renumbered and
99     amended by Laws of Utah 2020, Chapter 31
100          20A-3a-603, as renumbered and amended by Laws of Utah 2020, Chapter 31
101          20A-3a-703, as renumbered and amended by Laws of Utah 2020, Chapter 31
102          20A-3a-801, as last amended by Laws of Utah 2022, Chapters 18, 380
103          20A-4-101, as last amended by Laws of Utah 2022, Chapter 342
104          20A-4-102, as last amended by Laws of Utah 2023, Chapters 156, 297
105          20A-4-104, as last amended by Laws of Utah 2023, Chapters 45, 297 and 435
106          20A-4-106, as last amended by Laws of Utah 2023, Chapters 156, 297
107          20A-4-109, as enacted by Laws of Utah 2023, Chapter 297
108          20A-4-202, as last amended by Laws of Utah 2023, Chapters 156, 297
109          20A-4-304, as last amended by Laws of Utah 2023, Chapters 15, 297 and 435
110          20A-4-306, as last amended by Laws of Utah 2022, Chapter 18
111          20A-4-401, as last amended by Laws of Utah 2023, Chapter 15
112          20A-4-602, as last amended by Laws of Utah 2022, Chapter 170
113          20A-5-101, as last amended by Laws of Utah 2023, Chapters 45, 56, 106, 297, and 435
114          20A-5-302, as last amended by Laws of Utah 2023, Chapter 15
115          20A-5-400.1, as last amended by Laws of Utah 2021, Chapter 101
116          20A-5-403, as last amended by Laws of Utah 2023, Chapter 15
117          20A-5-403.5, as last amended by Laws of Utah 2023, Chapters 45, 297 and 435
118          20A-5-405, as last amended by Laws of Utah 2023, Chapters 45, 435
119          20A-5-409, as last amended by Laws of Utah 2011, Chapter 327
120          20A-5-802, as last amended by Laws of Utah 2019, Chapter 305

121          20A-5-901, as last amended by Laws of Utah 2023, Chapter 45
122          20A-5-905, as enacted by Laws of Utah 2022, Chapter 156
123          20A-6-105, as last amended by Laws of Utah 2023, Chapter 406
124          20A-6-107, as last amended by Laws of Utah 2018, Chapter 458
125          20A-6-108, as enacted by Laws of Utah 2022, Chapter 156
126          20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
127          20A-6-305, as last amended by Laws of Utah 2020, Chapter 49
128          20A-7-103, as last amended by Laws of Utah 2023, Chapter 435
129          20A-7-104, as enacted by Laws of Utah 2021, Chapter 418
130          20A-7-105, as enacted by Laws of Utah 2023, Chapter 116
131          20A-7-201, as last amended by Laws of Utah 2023, Chapter 107
132          20A-7-202, as last amended by Laws of Utah 2023, Chapter 107
133          20A-7-202.5, as last amended by Laws of Utah 2023, Chapter 107
134          20A-7-202.7, as last amended by Laws of Utah 2023, Chapter 107
135          20A-7-203, as last amended by Laws of Utah 2023, Chapter 107
136          20A-7-204, as last amended by Laws of Utah 2023, Chapter 107
137          20A-7-204.1, as last amended by Laws of Utah 2023, Chapters 107, 435 and last
138     amended by Coordination Clause, Laws of Utah 2023, Chapter 107
139          20A-7-206.1, as last amended by Laws of Utah 2023, Chapters 107, 116
140          20A-7-207, as last amended by Laws of Utah 2023, Chapters 107, 116
141          20A-7-208, as last amended by Laws of Utah 2023, Chapters 107, 116
142          20A-7-209, as last amended by Laws of Utah 2023, Chapters 45, 107 and last amended
143     by Coordination Clause, Laws of Utah 2023, Chapter 45
144          20A-7-211, as last amended by Laws of Utah 2023, Chapter 107
145          20A-7-215, as last amended by Laws of Utah 2023, Chapter 107
146          20A-7-216, as last amended by Laws of Utah 2023, Chapters 107, 116
147          20A-7-217, as last amended by Laws of Utah 2023, Chapter 107
148          20A-7-301, as last amended by Laws of Utah 2023, Chapter 107
149          20A-7-302, as last amended by Laws of Utah 2023, Chapter 107
150          20A-7-303, as last amended by Laws of Utah 2023, Chapter 107
151          20A-7-304, as last amended by Laws of Utah 2023, Chapter 107

152          20A-7-304.5, as last amended by Laws of Utah 2023, Chapter 107
153          20A-7-307, as last amended by Laws of Utah 2023, Chapters 107, 116 and last
154     amended by Coordination Clause, Laws of Utah 2023, Chapter 116
155          20A-7-308, as last amended by Laws of Utah 2023, Chapters 45, 107
156          20A-7-309, as last amended by Laws of Utah 2023, Chapter 107
157          20A-7-310, as last amended by Laws of Utah 2023, Chapter 107
158          20A-7-311, as last amended by Laws of Utah 2023, Chapter 107
159          20A-7-313, as last amended by Laws of Utah 2023, Chapter 107
160          20A-7-314, as last amended by Laws of Utah 2023, Chapters 107, 116
161          20A-7-315, as last amended by Laws of Utah 2023, Chapter 107
162          20A-7-406, as enacted by Laws of Utah 2019, Chapter 203
163          20A-7-507, as last amended by Laws of Utah 2023, Chapters 107, 116
164          20A-7-515, as last amended by Laws of Utah 2023, Chapters 107, 116
165          20A-7-516, as last amended by Laws of Utah 2023, Chapter 107
166          20A-7-607, as last amended by Laws of Utah 2023, Chapters 107, 116
167          20A-7-615, as last amended by Laws of Utah 2023, Chapters 107, 116
168          20A-7-616, as last amended by Laws of Utah 2023, Chapter 107
169          20A-7-701, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
170          20A-7-702, as last amended by Laws of Utah 2023, Chapter 107
171          20A-7-702.5, as enacted by Laws of Utah 2022, Chapter 11
172          20A-7-703, as last amended by Laws of Utah 2020, Chapter 277
173          20A-7-704, as last amended by Laws of Utah 2019, Chapters 217, 255
174          20A-7-705, as last amended by Laws of Utah 2019, Chapters 217, 255
175          20A-7-706, as last amended by Laws of Utah 2019, Chapter 255
176          20A-7-801, as last amended by Laws of Utah 2021, Chapter 100
177          20A-8-103, as last amended by Laws of Utah 2023, Chapter 116
178          20A-8-106, as last amended by Laws of Utah 2019, Chapter 255
179          20A-8-401, as last amended by Laws of Utah 2019, Chapter 255
180          20A-8-402, as last amended by Laws of Utah 2019, Chapter 255
181          20A-8-402.5, as last amended by Laws of Utah 2022, Chapter 13
182          20A-8-403, as enacted by Laws of Utah 1997, Chapter 182

183          20A-9-101, as last amended by Laws of Utah 2023, Chapters 15, 45
184          20A-9-201, as last amended by Laws of Utah 2022, Chapters 13, 18
185          20A-9-202, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
186          20A-9-202.5, as last amended by Laws of Utah 2019, Chapter 433
187          20A-9-203, as last amended by Laws of Utah 2023, Chapters 116, 435
188          20A-9-402, as last amended by Laws of Utah 1996, Second Special Session, Chapter 3
189          20A-9-403, as last amended by Laws of Utah 2023, Chapter 116
190          20A-9-405, as last amended by Laws of Utah 2022, Chapter 325
191          20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
192          20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
193          20A-9-408, as last amended by Laws of Utah 2023, Chapter 116
194          20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
195          20A-9-410, as enacted by Laws of Utah 2014, Chapter 17
196          20A-9-503, as last amended by Laws of Utah 2023, Chapter 15
197          20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255 and 279
198          20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
199          20A-9-802, as last amended by Laws of Utah 2019, Chapter 433
200          20A-9-803, as last amended by Laws of Utah 2019, Chapter 433
201          20A-9-805, as last amended by Laws of Utah 2019, Chapter 433
202          20A-9-806, as last amended by Laws of Utah 2020, Chapter 31
203          20A-9-809, as last amended by Laws of Utah 2019, Chapter 433
204          20A-11-101, as last amended by Laws of Utah 2023, Chapter 15
205          20A-11-101.3, as last amended by Laws of Utah 2021, Chapter 20
206          20A-11-103, as last amended by Laws of Utah 2016, Chapter 16
207          20A-11-104, as last amended by Laws of Utah 2021, Chapter 20
208          20A-11-105, as last amended by Laws of Utah 2019, Chapter 255
209          20A-11-201, as last amended by Laws of Utah 2021, Chapter 20
210          20A-11-202, as last amended by Laws of Utah 2022, Chapter 18
211          20A-11-204, as last amended by Laws of Utah 2021, Chapter 20
212          20A-11-205, as last amended by Laws of Utah 2013, Chapter 170
213          20A-11-206, as last amended by Laws of Utah 2023, Chapter 45

214          20A-11-301, as last amended by Laws of Utah 2021, Chapter 20
215          20A-11-303, as last amended by Laws of Utah 2021, Chapter 20
216          20A-11-304, as last amended by Laws of Utah 2013, Chapter 170
217          20A-11-305, as last amended by Laws of Utah 2023, Chapter 45
218          20A-11-402, as last amended by Laws of Utah 2019, Chapter 74
219          20A-11-403, as last amended by Laws of Utah 2021, Chapter 20
220          20A-11-507, as last amended by Laws of Utah 2019, Chapter 74
221          20A-11-508, as last amended by Laws of Utah 2020, Chapter 22
222          20A-11-511, as last amended by Laws of Utah 2019, Chapter 74
223          20A-11-512, as last amended by Laws of Utah 2020, Chapter 22
224          20A-11-513, as enacted by Laws of Utah 2011, Chapter 396
225          20A-11-601, as last amended by Laws of Utah 2022, Chapter 340
226          20A-11-602, as last amended by Laws of Utah 2019, Chapters 74, 116
227          20A-11-603, as last amended by Laws of Utah 2022, Chapter 340
228          20A-11-701.5, as renumbered and amended by Laws of Utah 2019, Chapter 74
229          20A-11-702, as last amended by Laws of Utah 2017, Chapter 276
230          20A-11-703, as last amended by Laws of Utah 2020, Chapter 22
231          20A-11-704, as last amended by Laws of Utah 2018, Chapter 83
232          20A-11-801, as last amended by Laws of Utah 2021, Chapter 20
233          20A-11-802, as last amended by Laws of Utah 2023, Chapter 116
234          20A-11-803, as last amended by Laws of Utah 2020, Chapter 22
235          20A-11-901, as last amended by Laws of Utah 2022, Chapter 18
236          20A-11-905, as enacted by Laws of Utah 2013, Chapter 86
237          20A-11-1004, as enacted by Laws of Utah 1995, Chapter 1
238          20A-11-1202, as last amended by Laws of Utah 2023, Chapters 15, 327
239          20A-11-1205, as last amended by Laws of Utah 2020, Chapter 22
240          20A-11-1301, as last amended by Laws of Utah 2021, Chapter 20
241          20A-11-1303, as last amended by Laws of Utah 2021, Chapter 20
242          20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
243          20A-11-1305, as last amended by Laws of Utah 2023, Chapter 45
244          20A-11-1502, as last amended by Laws of Utah 2018, Chapter 83

245          20A-11-1503, as last amended by Laws of Utah 2020, Chapter 22
246          20A-11-1602, as last amended by Laws of Utah 2021, Chapter 20
247          20A-11-1602.5, as last amended by Laws of Utah 2021, Chapter 20
248          20A-11-1603, as last amended by Laws of Utah 2023, Chapter 45
249          20A-11-1604, as last amended by Laws of Utah 2022, Chapter 170
250          20A-11-1605, as last amended by Laws of Utah 2021, Chapter 20
251          20A-11-1606, as last amended by Laws of Utah 2019, Chapter 266
252          20A-12-201 (Superseded 07/01/24), as last amended by Laws of Utah 2022, Chapter
253     202
254          20A-12-201 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 394
255          20A-12-302, as enacted by Laws of Utah 2001, Chapter 166
256          20A-12-303, as last amended by Laws of Utah 2021, Chapter 20
257          20A-12-304, as last amended by Laws of Utah 2010, Chapter 389
258          20A-12-305, as last amended by Laws of Utah 2019, Chapter 255
259          20A-12-306, as last amended by Laws of Utah 2010, Chapter 389
260          20A-13-102, as last amended by Laws of Utah 2021, Second Special Session, Chapter 2
261          20A-13-102.2, as last amended by Laws of Utah 2021, Second Special Session, Chapter
262     2
263          20A-13-103, as last amended by Laws of Utah 2021, Second Special Session, Chapter 2
264          20A-13-104, as last amended by Laws of Utah 2021, Second Special Session, Chapter 2
265          20A-13-301, as last amended by Laws of Utah 2020, Chapter 22
266          20A-13-302, as last amended by Laws of Utah 2020, Chapter 22
267          20A-13-304, as last amended by Laws of Utah 2020, Chapter 22
268          20A-14-102, as last amended by Laws of Utah 2021, Second Special Session, Chapter
269     10
270          20A-14-102.1, as last amended by Laws of Utah 2021, Second Special Session, Chapter
271     10
272          20A-14-102.2, as last amended by Laws of Utah 2021, Second Special Session, Chapter
273     10
274          20A-14-102.3, as last amended by Laws of Utah 2021, Second Special Session, Chapter
275     10

276          20A-14-103, as last amended by Laws of Utah 2021, Second Special Session, Chapter
277     10
278          20A-15-103, as last amended by Laws of Utah 2023, Chapter 116
279          20A-15-201, as enacted by Laws of Utah 1995, Chapter 1
280          20A-15-202, as enacted by Laws of Utah 1995, Chapter 1
281          20A-16-201, as last amended by Laws of Utah 2023, Chapter 215
282          20A-16-202, as last amended by Laws of Utah 2020, Chapter 31
283          20A-16-302, as last amended by Laws of Utah 2023, Chapter 215
284          20A-16-401, as last amended by Laws of Utah 2023, Chapter 215
285          20A-16-410, as enacted by Laws of Utah 2011, Chapter 327
286          20A-21-101, as enacted by Laws of Utah 2022, Chapter 325
287          20A-21-201, as last amended by Laws of Utah 2023, Chapter 116
288          36-11-102, as last amended by Laws of Utah 2023, Chapter 16
289          63C-27-201, as enacted by Laws of Utah 2022, Chapter 153
290          63G-2-203, as last amended by Laws of Utah 2022, Chapter 128
291          63G-2-302, as last amended by Laws of Utah 2023, Chapters 329, 471
292          63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
293          63G-2-704, as enacted by Laws of Utah 2023, Chapter 516
294          67-1a-2, as last amended by Laws of Utah 2023, Chapter 297
295     ENACTS:
296          17-2-103.5, Utah Code Annotated 1953
297          63A-19-101, Utah Code Annotated 1953
298          63A-19-201, Utah Code Annotated 1953
299          63A-19-202, Utah Code Annotated 1953
300     

301     Be it enacted by the Legislature of the state of Utah:
302          Section 1. Section 10-2-302 is amended to read:
303          10-2-302. Change of class of municipality.
304          (1) Each municipality shall retain its classification under Section 10-2-301 until
305     changed as provided in this section or Subsection 67-1a-2(3).
306          (2) (a) If a municipality's population, as determined by the lieutenant governor under

307     Subsection [67-1a-2(3)] 67-1a-2(2), indicates that the municipality's population has decreased
308     below the limit for its current class, the legislative body of the municipality may petition the
309     lieutenant governor to prepare a certificate indicating the class in which the municipality
310     belongs based on the decreased population figure.
311          (b) Notwithstanding Subsection (2)(a), the legislative body of a metro township may
312     not petition under this section to change from a metro township to a city or town.
313          (3) A municipality's change in class is effective on the date of the lieutenant governor's
314     certificate under Subsection [67-1a-2(3)] 67-1a-2(2).
315          Section 2. Section 10-2a-102 is amended to read:
316          10-2a-102. Definitions.
317          (1) As used in this part and Part 2, Incorporation of a Municipality:
318          (a) "Contact sponsor" means the person designated in the feasibility request as the
319     contact sponsor under Subsection 10-2a-202(2)(d).
320          (b) (i) "Contiguous" means, except as provided in Subsection (1)(b)(ii), the same as
321     that term is defined in Section 10-1-104.
322          (ii) "Contiguous" does not include a circumstance where:
323          (A) two areas of land are only connected by a strip of land between geographically
324     separate areas; and
325          (B) the distance between the geographically separate areas described in Subsection
326     (1)(b)(ii)(A) is greater than the average width of the strip of land connecting the geographically
327     separate areas.
328          (c) "Director" means the director of the Elections Office, appointed under Subsection
329     63A-19-201(3)(a).
330          [(c)] (d) "Feasibility consultant" means a person or firm:
331          (i) with expertise in the processes and economics of local government; and
332          (ii) who is independent of and not affiliated with a county or sponsor of a petition to
333     incorporate.
334          [(d)] (e) "Feasibility request" means a request, described in Section 10-2a-202, for a
335     feasibility study for the proposed incorporation of a municipality.
336          [(e)] (f) (i) "Municipal service" means any of the following that are publicly provided:
337          (A) culinary water;

338          (B) secondary water;
339          (C) sewer service;
340          (D) storm drainage or flood control;
341          (E) recreational facilities or parks;
342          (F) electrical power generation or distribution;
343          (G) construction or maintenance of local streets and roads;
344          (H) street lighting;
345          (I) curb, gutter, and sidewalk maintenance;
346          (J) law or code enforcement service;
347          (K) fire protection service;
348          (L) animal services;
349          (M) planning and zoning;
350          (N) building permits and inspections;
351          (O) refuse collection; or
352          (P) weed control.
353          (ii) "Municipal service" includes the physical facilities required to provide a service
354     described in Subsection [(1)(e)(i)] (1)(f)(i).
355          [(f)] (g) "Private," with respect to real property, means taxable property.
356          (2) For purposes of this part:
357          (a) the owner of real property shall be the record title owner according to the records of
358     the county recorder on the date of the filing of the feasibility request or petition for
359     incorporation; and
360          (b) the assessed fair market value of private real property shall be determined
361     according to the last assessment roll for county taxes before the filing of the feasibility request
362     or petition for incorporation.
363          (3) For purposes of each provision of this part that requires the owners of private real
364     property covering a percentage or fraction of the total private land area within an area to sign a
365     feasibility request or a petition for incorporation:
366          (a) a parcel of real property may not be included in the calculation of the required
367     percentage or fraction unless the feasibility request or petition for incorporation is signed by:
368          (i) except as provided in Subsection (3)(a)(ii), owners representing a majority

369     ownership interest in that parcel; or
370          (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
371     of owners of that parcel;
372          (b) the signature of a person signing a feasibility request or a petition for incorporation
373     in a representative capacity on behalf of an owner is invalid unless:
374          (i) the person's representative capacity and the name of the owner the person represents
375     are indicated on the feasibility request or petition for incorporation with the person's signature;
376     and
377          (ii) the person provides documentation accompanying the feasibility request or petition
378     for incorporation that substantiates the person's representative capacity; and
379          (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
380     feasibility request or a petition for incorporation on behalf of a deceased owner.
381          Section 3. Section 10-2a-208 is amended to read:
382          10-2a-208. Petition for incorporation -- Requirements and form.
383          (1) At any time within one year after the day on which the county clerk completes the
384     public hearings required under Section 10-2a-207, individuals within the proposed
385     municipality may proceed with the incorporation process by circulating, and submitting to the
386     county clerk, a petition for incorporation that, to be certified under Subsection
387     10-2a-209(1)(b)(i), is required to be signed by:
388          (a) 10% of all registered voters within the area proposed to be incorporated as a
389     municipality, as of the day on which the petition for incorporation is filed;
390          (b) if the petition for incorporation proposes the incorporation of a city, and subject to
391     Subsection (5), 10% of all registered voters within 90% of the voting precincts within the area
392     proposed to be incorporated as a city, as of the day on which the petition for incorporation is
393     filed; and
394          (c) the owners of private real property that:
395          (i) is located within the proposed municipality;
396          (ii) covers at least 10% of the total private land area within the proposed municipality;
397     and
398          (iii) on January 1 of the current year, was equal in assessed fair market value to at least
399     7% of the assessed fair market value of all private real property within the proposed

400     municipality.
401          (2) The petition for incorporation shall:
402          (a) include the typed or printed name and current residence address of each voter who
403     signs the petition for incorporation;
404          (b) describe the area proposed to be incorporated as a municipality, as described in the
405     feasibility request or the modified feasibility request that complies with Subsection
406     10-2a-205(5)(a);
407          (c) state the proposed name for the proposed municipality;
408          (d) designate five signers of the petition for incorporation as petition sponsors, one of
409     whom is designated as the contact sponsor, with the mailing address and telephone number of
410     each;
411          (e) if the sponsors propose the incorporation of a city, state that the signers of the
412     petition for incorporation appoint the sponsors, if the incorporation measure passes, to
413     represent the signers in:
414          (i) selecting the number of commission or council members the new city will have; and
415          (ii) drawing district boundaries for the election of council members, if the voters
416     decide to elect council members by district;
417          (f) be accompanied by and circulated with an accurate plat or map, prepared by a
418     licensed surveyor, showing the boundaries of the proposed municipality; and
419          (g) substantially comply with and be circulated in the following form:
420          PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
421     municipality)
422          To the [Honorable Lieutenant Governor] director of the Elections Office and the [name
423     of county legislative body]:
424          We, the undersigned registered voters within the area described in this petition for
425     incorporation, respectfully petition the [lieutenant governor] director of the Elections Office
426     and the county legislative body to submit to the registered voters residing within the area
427     described in this petition for incorporation, at the next regular general election, the question of
428     whether the area should incorporate as a municipality. Each of the undersigned affirms that
429     each has personally signed this petition for incorporation and is a registered voter who resides
430     within the described area, and that the current residence address of each is correctly written

431     after the signer's name. The area proposed to be incorporated as a municipality is described as
432     follows:[insert an accurate description of the area proposed to be incorporated].
433          (3) (a) Except as provided in Subsection (3)(b), a valid signature on a feasibility
434     request described in Section 10-2a-202 or a modified feasibility request described in Section
435     10-2a-206 may be used toward fulfilling the signature requirement described in Subsection (1)
436     if the feasibility request notified the signer in conspicuous language that the signature, unless
437     withdrawn, would also be used for a petition for incorporation under this section.
438          (b) A signature described in Subsection (3)(a) may not be used toward fulfilling the
439     signature requirement described in Subsection (1) if the signer files with the county clerk a
440     written withdrawal of the signature before the petition for incorporation is filed with the county
441     clerk under this section.
442          (4) (a) A voter who signs a petition for incorporation may have the voter's signature
443     removed from the petition by, no later than three business days after the day on which the
444     petition for incorporation is submitted to the county clerk, submitting to the county clerk a
445     statement requesting that the voter's signature be removed.
446          (b) A statement described in Subsection (4)(a) shall comply with the requirements
447     described in Subsection 20A-1-1003(2).
448          (c) The [lieutenant governor] director shall use the procedures described in Subsection
449     20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
450     receiving a timely, valid statement requesting removal of the signature.
451          (d) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
452     to determine whether to remove an individual's signature from a petition for incorporation after
453     receiving a timely, valid statement requesting removal of the signature.
454          (5) (a) A signature does not qualify under Subsection (1)(b) if the signature is gathered
455     from a voting precinct that:
456          (i) except in a proposed municipality that will be a city of the fifth class, is not located
457     entirely within the boundaries of a proposed city; or
458          (ii) includes less than 50 registered voters.
459          (b) A voting precinct that is not located entirely within the boundaries of the proposed
460     city does not qualify as a voting precinct under Subsection (1)(b).
461          Section 4. Section 10-2a-210 is amended to read:

462          10-2a-210. Incorporation election -- Notice of election -- Voter information
463     pamphlet.
464          (1) (a) If the county clerk certifies a petition for incorporation under Subsection
465     10-2a-209(1)(b), the [lieutenant governor] director shall schedule an incorporation election for
466     the proposed municipality described in the petition for incorporation to be held on the date of
467     the next regular general election described in Section 20A-1-201, or the next municipal general
468     election described in Section 20A-1-202, that is at least 65 days after the day on which the
469     county clerk certifies the petition for incorporation.
470          (b) (i) The [lieutenant governor] director shall direct the county legislative body of the
471     county in which the proposed municipality is located to hold the election on the date that the
472     [lieutenant governor] director schedules under Subsection (1)(a).
473          (ii) The county legislative body shall hold the election as directed by the [lieutenant
474     governor] director under Subsection (1)(b)(i).
475          (2) The county clerk shall provide notice of the election for the area proposed to be
476     incorporated, as a class B notice under Section 63G-30-102, for at least three weeks before the
477     day of the election.
478          (3) (a) The notice described in Subsection (2) shall include:
479          (i) a statement of the contents of the petition for incorporation;
480          (ii) a description of the area proposed to be incorporated as a municipality;
481          (iii) a statement of the date and time of the election and the location of polling places;
482     and
483          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
484     Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the
485     county's website and for inspection at the county offices.
486          (b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice
487     may include a statement that specifies the following sources where a registered voter in the area
488     proposed to be incorporated may view or obtain a copy of the feasibility study:
489          (i) the county's website;
490          (ii) the physical address of the county clerk office; and
491          (iii) a mailing address and telephone number.
492          (4) (a) In addition to the notice described in Subsection (2), the county clerk shall

493     publish and distribute, before the incorporation election is held, a voter information pamphlet:
494          (i) in accordance with the procedures and requirements of Section 20A-7-402;
495          (ii) in consultation with the [lieutenant governor] director; and
496          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
497     (4)(a)(i) and (ii).
498          (b) The voter information pamphlet described in Subsection (4)(a):
499          (i) shall inform the public of the proposed incorporation; and
500          (ii) may include written statements, printed in the same font style and point size, from
501     proponents and opponents of the proposed incorporation.
502          (5) An individual may not vote in an incorporation election under this section unless
503     the individual is a registered voter who is a resident, as defined in Section 20A-1-102, within
504     the boundaries of the proposed municipality.
505          (6) If a majority of those who vote in an incorporation election held under this section
506     cast votes in favor of incorporation, the area shall incorporate.
507          Section 5. Section 10-2a-212 is amended to read:
508          10-2a-212. Notification to director of incorporation election results.
509          Within 10 days after the day on which the county conducts a canvass of the
510     incorporation election, the county clerk shall send written notice to the [lieutenant governor]
511     director of:
512          (1) the results of the election; and
513          (2) if the incorporation measure passes, the name of the municipality.
514          Section 6. Section 10-2a-216 is amended to read:
515          10-2a-216. Notification to director of election of municipal officers.
516          Within 10 days after the day on which the county conducts the canvass of the final
517     election of municipal officers under Section 10-2a-215, the county clerk shall send written
518     notice to the [lieutenant governor] director of the name and position of each officer elected in a
519     new municipality and the term for which each has been elected.
520          Section 7. Section 10-2a-403 is amended to read:
521          10-2a-403. Definitions.
522          As used in this [section] part:
523          (1) "Ballot proposition" means the same as that term is defined in Section 20A-1-102.

524          (2) "Director" means the director of the Elections Office, appointed under Subsection
525     63A-19-201(3)(a).
526          [(2)] (3) "Eligible city" means a city whose legislative body adopts a resolution
527     agreeing to annex an unincorporated island.
528          [(3)] (4) "Local special election" means the same as that term is defined in Section
529     20A-1-102.
530          [(4)] (5) "Municipal services district" means a district created in accordance with Title
531     17B, Chapter 2a, Part 11, Municipal Services District Act.
532          [(5)] (6) (a) "Metro township" means, except as provided in Subsection (5)(b), a
533     planning township that is incorporated in accordance with this part.
534          (b) "Metro township" does not include a township as that term is used in the context of
535     identifying a geographic area in common surveyor practice.
536          [(6)] (7) (a) "Planning township" means an area located in a county of the first class
537     that is established before January 1, 2015, as a township as defined in and established in
538     accordance with law before the enactment of Laws of Utah 2015, Chapter 352.
539          (b) "Planning township" does not include rural real property unless the owner of the
540     rural real property provides written consent in accordance with Section 10-2a-405.
541          [(7)] (8) (a) "Unincorporated island" means an unincorporated area that is completely
542     surrounded by one or more municipalities.
543          (b) "Unincorporated island" does not include a planning township.
544          Section 8. Section 10-2a-408 is amended to read:
545          10-2a-408. Notification to director of incorporation election results.
546          Within 10 days of the canvass of the incorporation and annexation election, the county
547     clerk shall send written notice to the [lieutenant governor] director of:
548          (1) the results of the election;
549          (2) for a planning township:
550          (a) if the incorporation of a planning township as a metro township passes:
551          (i) the name of the metro township; and
552          (ii) the class of the metro township as provided under Section 10-2-301.5; and
553          (b) if the incorporation of a planning township as a city or town passes:
554          (i) the name of the city or town; and

555          (ii) if the incorporated area is a city, the class of the city as defined in Section
556     10-2-301; and
557          (3) for an unincorporated island, whether the unincorporated island or a portion of the
558     island shall be annexed into an eligible city.
559          Section 9. Section 10-2a-412 is amended to read:
560          10-2a-412. Notification to director of election of officers.
561          Within 10 days of the canvass of final election of metro township, city, or town officers
562     under Section 10-2a-411, the county clerk shall send written notice to the [lieutenant governor]
563     director of the name and position of each officer elected and the term for which each has been
564     elected.
565          Section 10. Section 10-3-208 is amended to read:
566          10-3-208. Campaign finance disclosure in municipal election.
567          (1) Unless a municipality adopts by ordinance more stringent definitions, [the
568     following are defined terms for purposes of] as used in this section:
569          (a) "Agent of a candidate" means:
570          (i) a person acting on behalf of a candidate at the direction of the reporting entity;
571          (ii) a person employed by a candidate in the candidate's capacity as a candidate;
572          (iii) the personal campaign committee of a candidate;
573          (iv) a member of the personal campaign committee of a candidate in the member's
574     capacity as a member of the personal campaign committee of the candidate; or
575          (v) a political consultant of a candidate.
576          (b) "Anonymous contribution limit" means for each calendar year:
577          (i) $50; or
578          (ii) an amount less than $50 that is specified in an ordinance of the municipality.
579          (c) (i) "Candidate" means a person who:
580          (A) files a declaration of candidacy for municipal office; or
581          (B) receives contributions, makes expenditures, or gives consent for any other person
582     to receive contributions or make expenditures to bring about the person's nomination or
583     election to a municipal office.
584          (ii) "Candidate" does not mean a person who files for the office of judge.
585          (d) (i) "Contribution" means any of the following when done for political purposes:

586          (A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
587     value given to a candidate;
588          (B) an express, legally enforceable contract, promise, or agreement to make a gift,
589     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
590     anything of value to the candidate;
591          (C) any transfer of funds from another reporting entity to the candidate;
592          (D) compensation paid by any person or reporting entity other than the candidate for
593     personal services provided without charge to the candidate;
594          (E) a loan made by a candidate deposited to the candidate's own campaign; and
595          (F) an in-kind contribution.
596          (ii) "Contribution" does not include:
597          (A) services provided by an individual volunteering a portion or all of the individual's
598     time on behalf of the candidate if the services are provided without compensation by the
599     candidate or any other person;
600          (B) money lent to the candidate by a financial institution in the ordinary course of
601     business; or
602          (C) goods or services provided for the benefit of a candidate at less than fair market
603     value that are not authorized by or coordinated with the candidate.
604          (e) "Coordinated with" means that goods or services provided for the benefit of a
605     candidate are provided:
606          (i) with the candidate's prior knowledge, if the candidate does not object;
607          (ii) by agreement with the candidate;
608          (iii) in coordination with the candidate; or
609          (iv) using official logos, slogans, and similar elements belonging to a candidate.
610          (f) "Director" means the director of the Elections Office, appointed under Subsection
611     63A-19-201(3)(a).
612          [(f)] (g) (i) "Expenditure" means any of the following made by a candidate or an agent
613     of the candidate on behalf of the candidate:
614          (A) any disbursement from contributions, receipts, or from an account described in
615     Subsection (3)(a);
616          (B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,

617     or anything of value made for political purposes;
618          (C) an express, legally enforceable contract, promise, or agreement to make any
619     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
620     value for a political purpose;
621          (D) compensation paid by a candidate for personal services rendered by a person
622     without charge to a reporting entity;
623          (E) a transfer of funds between the candidate and a candidate's personal campaign
624     committee as defined in Section 20A-11-101; or
625          (F) goods or services provided by a reporting entity to or for the benefit of the
626     candidate for political purposes at less than fair market value.
627          (ii) "Expenditure" does not include:
628          (A) services provided without compensation by an individual volunteering a portion or
629     all of the individual's time on behalf of a candidate; or
630          (B) money lent to a candidate by a financial institution in the ordinary course of
631     business.
632          [(g)] (h) "In-kind contribution" means anything of value other than money, that is
633     accepted by or coordinated with a candidate.
634          [(h)] (i) (i) "Political consultant" means a person who is paid by a candidate, or paid by
635     another person on behalf of and with the knowledge of the candidate, to provide political
636     advice to the candidate.
637          (ii) "Political consultant" includes a circumstance described in Subsection [(1)(h)(i)]
638     (1)(i)(i), where the person:
639          (A) has already been paid, with money or other consideration;
640          (B) expects to be paid in the future, with money or other consideration; or
641          (C) understands that the person may, in the discretion of the candidate or another
642     person on behalf of and with the knowledge of the candidate, be paid in the future, with money
643     or other consideration.
644          [(i)] (j) "Political purposes" means an act done with the intent or in a way to influence
645     or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
646     against any candidate or a person seeking a municipal office at any caucus, political
647     convention, or election.

648          [(j)] (k) "Reporting entity" means:
649          (i) a candidate;
650          (ii) a committee appointed by a candidate to act for the candidate;
651          (iii) a person who holds an elected municipal office;
652          (iv) a party committee as defined in Section 20A-11-101;
653          (v) a political action committee as defined in Section 20A-11-101;
654          (vi) a political issues committee as defined in Section 20A-11-101;
655          (vii) a corporation as defined in Section 20A-11-101; or
656          (viii) a labor organization as defined in Section 20A-11-1501.
657          (2) (a) A municipality may adopt an ordinance establishing campaign finance
658     disclosure requirements for a candidate that are more stringent than the requirements provided
659     in Subsections (3) through (7).
660          (b) The municipality may adopt definitions that are more stringent than those provided
661     in Subsection (1).
662          (c) If a municipality fails to adopt a campaign finance disclosure ordinance described
663     in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
664     in Subsections (3) through (7).
665          (3) Each candidate:
666          (a) shall deposit a contribution in a separate campaign account in a financial institution;
667     and
668          (b) may not deposit or mingle any campaign contributions received into a personal or
669     business account.
670          (4) (a) In a year in which a municipal primary is held, each candidate who will
671     participate in the municipal primary shall file a campaign finance statement with the municipal
672     clerk or recorder no later than seven days before the day described in Subsection
673     20A-1-201.5(2).
674          (b) Each candidate who is not eliminated at a municipal primary election shall file a
675     campaign finance statement with the municipal clerk or recorder no later than:
676          (i) 28 days before the day on which the municipal general election is held;
677          (ii) seven days before the day on which the municipal general election is held; and
678          (iii) 30 days after the day on which the municipal general election is held.

679          (c) Each candidate for municipal office who is eliminated at a municipal primary
680     election shall file with the municipal clerk or recorder a campaign finance statement within 30
681     days after the day on which the municipal primary election is held.
682          (5) If a municipality does not conduct a primary election for a race, each candidate who
683     will participate in that race shall file a campaign finance statement with the municipal clerk or
684     recorder no later than:
685          (a) 28 days before the day on which the municipal general election is held;
686          (b) seven days before the day on which the municipal general election is held; and
687          (c) 30 days after the day on which the municipal general election is held.
688          (6) Each campaign finance statement described in Subsection (4) or (5) shall:
689          (a) except as provided in Subsection (6)(b):
690          (i) report all of the candidate's itemized and total:
691          (A) contributions, including in-kind and other nonmonetary contributions, received up
692     to and including five days before the campaign finance statement is due, excluding a
693     contribution previously reported; and
694          (B) expenditures made up to and including five days before the campaign finance
695     statement is due, excluding an expenditure previously reported; and
696          (ii) identify:
697          (A) for each contribution, the amount of the contribution and the name of the donor, if
698     known; and
699          (B) for each expenditure, the amount of the expenditure and the name of the recipient
700     of the expenditure; or
701          (b) report the total amount of all contributions and expenditures if the candidate
702     receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
703          (7) Within 30 days after receiving a contribution that is cash or a negotiable
704     instrument, exceeds the anonymous contribution limit, and is from a donor whose name is
705     unknown, a candidate shall disburse the amount of the contribution to:
706          (a) the treasurer of the state or a political subdivision for deposit into the state's or
707     political subdivision's general fund; or
708          (b) an organization that is exempt from federal income taxation under Section
709     501(c)(3), Internal Revenue Code.

710          (8) (a) A municipality may, by ordinance:
711          (i) provide an anonymous contribution limit less than $50;
712          (ii) require greater disclosure of contributions or expenditures than is required in this
713     section; and
714          (iii) impose additional penalties on candidates who fail to comply with the applicable
715     requirements beyond those imposed by this section.
716          (b) A candidate is subject to the provisions of this section and not the provisions of an
717     ordinance adopted by the municipality under Subsection (8)(a) if:
718          (i) the municipal ordinance establishes requirements or penalties that differ from those
719     established in this section; and
720          (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
721     ordinance as required in Subsection (9).
722          (9) Each municipal clerk or recorder shall, at the time the candidate for municipal
723     office files a declaration of candidacy, and again 35 days before each municipal general
724     election, notify the candidate in writing of:
725          (a) the provisions of statute or municipal ordinance governing the disclosure of
726     contributions and expenditures;
727          (b) the dates when the candidate's campaign finance statement is required to be filed;
728     and
729          (c) the penalties that apply for failure to file a timely campaign finance statement,
730     including the statutory provision that requires removal of the candidate's name from the ballot
731     for failure to file the required campaign finance statement when required.
732          (10) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
733     Access and Management Act, the municipal clerk or recorder shall:
734          (a) make each campaign finance statement filed by a candidate available for public
735     inspection and copying no later than one business day after the statement is filed; and
736          (b) make the campaign finance statement filed by a candidate available for public
737     inspection by:
738          (i) (A) posting an electronic copy or the contents of the statement on the municipality's
739     website no later than seven business days after the statement is filed; and
740          (B) verifying that the address of the municipality's website has been provided to the

741     [lieutenant governor] director in order to meet the requirements of Subsection 20A-11-103(5);
742     or
743          (ii) submitting a copy of the statement to the [lieutenant governor] director for posting
744     on the website established by the [lieutenant governor] director under Section 20A-11-103 no
745     later than two business days after the statement is filed.
746          (11) (a) If a candidate fails to timely file a campaign finance statement required under
747     Subsection (4) or (5), the municipal clerk or recorder:
748          (i) may send an electronic notice to the candidate that states:
749          (A) that the candidate failed to timely file the campaign finance statement; and
750          (B) that, if the candidate fails to file the report within 24 hours after the deadline for
751     filing the report, the candidate will be disqualified; and
752          (ii) may impose a fine of $50 on the candidate.
753          (b) The municipal clerk or recorder shall disqualify a candidate and inform the
754     appropriate election official that the candidate is disqualified if the candidate fails to file a
755     campaign finance statement described in Subsection (4) or (5) within 24 hours after the
756     deadline for filing the report.
757          (c) If a candidate is disqualified under Subsection (11)(b), the election official:
758          (i) shall:
759          (A) notify every opposing candidate for the municipal office that the candidate is
760     disqualified;
761          (B) send an email notification to each voter who is eligible to vote in the municipal
762     election office race for whom the election official has an email address informing the voter that
763     the candidate is disqualified and that votes cast for the candidate will not be counted;
764          (C) post notice of the disqualification on a public website; and
765          (D) if practicable, remove the candidate's name from the ballot by blacking out the
766     candidate's name before the ballots are delivered to voters; and
767          (ii) may not count any votes for that candidate.
768          (12) An election official may fulfill the requirements described in Subsection (11)(c)(i)
769     in relation to a mailed ballot, including a military overseas ballot, by including with the ballot a
770     written notice:
771          (a) informing the voter that the candidate is disqualified; or

772          (b) directing the voter to a public website to inform the voter whether a candidate on
773     the ballot is disqualified.
774          (13) Notwithstanding Subsection (11)(b), a candidate who timely files each campaign
775     finance statement required under Subsection (4) or (5) is not disqualified if:
776          (a) the statement details accurately and completely the information required under
777     Subsection (6), except for inadvertent omissions or insignificant errors or inaccuracies; and
778          (b) the omissions, errors, or inaccuracies are corrected in an amended report or in the
779     next scheduled report.
780          (14) A candidate for municipal office who is disqualified under Subsection (11)(b)
781     shall file with the municipal clerk or recorder a complete and accurate campaign finance
782     statement within 30 days after the day on which the candidate is disqualified.
783          (15) A campaign finance statement required under this section is considered filed if it
784     is received in the municipal clerk or recorder's office by 5 p.m. on the date that it is due.
785          (16) (a) A private party in interest may bring a civil action in district court to enforce
786     the provisions of this section or an ordinance adopted under this section.
787          (b) In a civil action under Subsection (16)(a), the court may award costs and attorney
788     fees to the prevailing party.
789          Section 11. Section 10-3-301 is amended to read:
790          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
791     office -- Mayor and recorder limitations.
792          (1) As used in this section:
793          (a) "Absent" means that an elected municipal officer fails to perform official duties,
794     including the officer's failure to attend each regularly scheduled meeting that the officer is
795     required to attend.
796          (b) "Principal place of residence" means the same as that term is defined in Section
797     20A-2-105.
798          (c) "Secondary residence" means a place where an individual resides other than the
799     individual's principal place of residence.
800          (2) (a) On or before May 1 in a year in which there is a municipal general election, the
801     municipal clerk shall publish a notice that identifies:
802          (i) the municipal offices to be voted on in the municipal general election; and

803          (ii) the dates for filing a declaration of candidacy for the offices identified under
804     Subsection (2)(a)(i).
805          (b) The municipal clerk shall publish the notice described in Subsection (2)(a) for the
806     municipality, as a class A notice under Section 63G-30-102, for at least seven days.
807          (3) (a) An individual who files a declaration of candidacy for a municipal office shall
808     comply with the requirements described in Section 20A-9-203.
809          (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
810     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
811     Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
812          (A) Saturday or Sunday; or
813          (B) state holiday as listed in Section 63G-1-301.
814          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
815     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
816     (3)(b)(i) without maintaining office hours by:
817          (A) posting the recorder's or clerk's contact information, including a phone number and
818     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
819     and, if available, on the municipal website; and
820          (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
821     via the contact information described in Subsection (3)(b)(ii)(A).
822          (4) An individual elected to municipal office shall be a registered voter in the
823     municipality in which the individual is elected.
824          (5) (a) Each elected officer of a municipality shall maintain a principal place of
825     residence within the municipality, and within the district that the elected officer represents,
826     during the officer's term of office.
827          (b) Except as provided in Subsection (6), an elected municipal office is automatically
828     vacant if the officer elected to the municipal office, during the officer's term of office:
829          (i) establishes a principal place of residence outside the district that the elected officer
830     represents;
831          (ii) resides at a secondary residence outside the district that the elected officer
832     represents for a continuous period of more than 60 days while still maintaining a principal
833     place of residence within the district;

834          (iii) is absent from the district that the elected officer represents for a continuous period
835     of more than 60 days; or
836          (iv) fails to respond to a request, within 30 days after the day on which the elected
837     officer receives the request, from the county clerk or the [lieutenant governor] director of the
838     Elections Office, appointed under Subsection 63A-19-201(3)(a), seeking information to
839     determine the officer's residency.
840          (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
841     consent of the municipal legislative body in accordance with Subsection (6)(b) before the
842     expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
843          (i) reside at a secondary residence outside the district that the elected officer represents
844     while still maintaining a principal place of residence within the district for a continuous period
845     of up to one year during the officer's term of office; or
846          (ii) be absent from the district that the elected officer represents for a continuous period
847     of up to one year during the officer's term of office.
848          (b) At a public meeting, the municipal legislative body may give the consent described
849     in Subsection (6)(a) by majority vote after taking public comment regarding:
850          (i) whether the legislative body should give the consent; and
851          (ii) the length of time to which the legislative body should consent.
852          (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
853     treasurer.
854          (b) The recorder of a municipality may not also serve as the municipal treasurer.
855          (c) An individual who holds a county elected office may not, at the same time, hold a
856     municipal elected office.
857          (d) The restriction described in Subsection (7)(c) applies regardless of whether the
858     individual is elected to the office or appointed to fill a vacancy in the office.
859          Section 12. Section 11-14-102 is amended to read:
860          11-14-102. Definitions.
861          [For the purpose of] As used in this chapter:
862          (1) "Bond" means any bond authorized to be issued under this chapter, including
863     municipal bonds.
864          (2) "Director" means the director of the Elections Office, appointed under Subsection

865     63A-19-201(3)(a).
866          [(2)] (3) "Election results" has the same meaning as defined in Section 20A-1-102.
867          [(3)] (4) "Governing body" means:
868          (a) for a county, city, town, or metro township, the legislative body of the county, city,
869     or town;
870          (b) for a special district, the board of trustees of the special district;
871          (c) for a school district, the local board of education; or
872          (d) for a special service district under Title 17D, Chapter 1, Special Service District
873     Act:
874          (i) the governing body of the county or municipality that created the special service
875     district, if no administrative control board has been established under Section 17D-1-301; or
876          (ii) the administrative control board, if one has been established under Section
877     17D-1-301 and the power to issue bonds not payable from taxes has been delegated to the
878     administrative control board.
879          [(4)] (5) (a) "Local political subdivision" means a county, city, town, metro township,
880     school district, special district, or special service district.
881          (b) "Local political subdivision" does not include the state and its institutions.
882          [(5)] (6) "Special district" means a district operating under Title 17B, Limited Purpose
883     Local Government Entities - Special Districts.
884          Section 13. Section 11-14-201 is amended to read:
885          11-14-201. Election on bond issues -- Qualified electors -- Resolution and notice.
886          (1) The governing body of any local political subdivision that wishes to issue bonds
887     under the authority granted in Section 11-14-103 shall:
888          (a) at least 75 days before the date of election:
889          (i) approve a resolution submitting the question of the issuance of the bonds to the
890     voters of the local political subdivision; and
891          (ii) provide a copy of the resolution to:
892          (A) the [lieutenant governor] director; and
893          (B) the election officer, as defined in Section 20A-1-102, charged with conducting the
894     election; and
895          (b) comply with the requirements of Title 59, Chapter 1, Part 16, Transparency of

896     Ballot Propositions Act.
897          (2) The local political subdivision may not issue the bonds unless the majority of the
898     qualified voters of the local political subdivision who vote on the bond proposition approve the
899     issuance of the bonds.
900          (3) Nothing in this section requires an election for the issuance of:
901          (a) refunding bonds; or
902          (b) other bonds not required by law to be voted on at an election.
903          (4) The resolution calling the election shall include a ballot proposition, in substantially
904     final form, that complies with the requirements of Subsection 11-14-206(2).
905          Section 14. Section 11-14-202 is amended to read:
906          11-14-202. Notice of election -- Voter information pamphlet option -- Changing
907     or designating additional precinct polling places.
908          (1) The governing body shall provide notice of the election for the local political
909     subdivision for at least three weeks before the day of the election, as a class A notice under
910     Section 63G-30-102.
911          (2) When the debt service on the bonds to be issued will increase the property tax
912     imposed upon the average value of a residence by an amount that is greater than or equal to $15
913     per year, the governing body shall prepare and mail either a voter information pamphlet or a
914     notification described in Subsection (8):
915          (a) at least 15 days, but not more than 45 days, before the bond election;
916          (b) to each household containing a registered voter who is eligible to vote on the
917     bonds; and
918          (c) that includes the information required by Subsections (4) and (5).
919          (3) The election officer may change the location of, or establish an additional:
920          (a) voting precinct polling place, in accordance with Subsection (6);
921          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
922          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
923          (4) The notice described in Subsection (1) and the voter information pamphlet
924     described in Subsection (2):
925          (a) shall include, in the following order:
926          (i) the date of the election;

927          (ii) the hours during which the polls will be open;
928          (iii) the address of the Statewide Electronic Voter Information Website and, if
929     available, the address of the election officer's website, with a statement indicating that the
930     election officer will post on the website the location of each polling place for each voting
931     precinct, each early voting polling place, and each election day voting center, including any
932     changes to the location of a polling place and the location of an additional polling place;
933          (iv) a phone number that a voter may call to obtain information regarding the location
934     of a polling place; and
935          (v) the title and text of the ballot proposition, including the property tax cost of the
936     bond described in Subsection 11-14-206(2)(a); and
937          (b) may include the location of each polling place.
938          (5) The voter information pamphlet required by this section shall include:
939          (a) the information required under Subsection (4); and
940          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
941     which may be based on information the governing body determines to be useful, including:
942          (i) expected debt service on the bonds to be issued;
943          (ii) a description of the purpose, remaining principal balance, and maturity date of any
944     outstanding general obligation bonds of the issuer;
945          (iii) funds other than property taxes available to pay debt service on general obligation
946     bonds;
947          (iv) timing of expenditures of bond proceeds;
948          (v) property values; and
949          (vi) any additional information that the governing body determines may be useful to
950     explain the property tax impact of issuance of the bonds.
951          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
952     deadlines described in Subsections (1) and (2):
953          (i) if necessary, change the location of a voting precinct polling place; or
954          (ii) if the election officer determines that the number of voting precinct polling places
955     is insufficient due to the number of registered voters who are voting, designate additional
956     voting precinct polling places.
957          (b) Except as provided in Section 20A-1-308, if an election officer changes the

958     location of a voting precinct polling place or designates an additional voting precinct polling
959     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
960     times, and location of a changed voting precinct polling place or an additional voting precinct
961     polling place:
962          (i) to the [lieutenant governor] director, for posting on the Statewide Electronic Voter
963     Information Website;
964          (ii) by posting the information on the website of the election officer, if available; and
965          (iii) by posting notice:
966          (A) of a change in the location of a voting precinct polling place, at the new location
967     and, if possible, the old location; and
968          (B) of an additional voting precinct polling place, at the additional voting precinct
969     polling place.
970          (7) The governing body shall pay the costs associated with the notice required by this
971     section.
972          (8) (a) The governing body may mail a notice printed on a postage prepaid,
973     preaddressed return form that a person may use to request delivery of a voter information
974     pamphlet by mail.
975          (b) The notice described in Subsection (8)(a) shall include:
976          (i) the website upon which the voter information pamphlet is available; and
977          (ii) the phone number a voter may call to request delivery of a voter information
978     pamphlet by mail.
979          (9) A local school board shall comply with the voter information pamphlet
980     requirements described in Section 53G-4-603.
981          Section 15. Section 11-14-301 is amended to read:
982          11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
983     under constitutional and statutory limitations.
984          (1) If the governing body has declared the bond proposition to have carried and no
985     contest has been filed, or if a contest has been filed and favorably terminated, the governing
986     body may proceed to issue the bonds voted at the election.
987          (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
988     otherwise provided in this Subsection (2), bonds approved by the voters may not be issued

989     more than 10 years after the day on which the election is held.
990          (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
991     10-year period:
992          (i) an application for a referendum petition is filed with a local clerk, in accordance
993     with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or
994          (ii) the bonds are challenged in a court of law or an administrative proceeding in
995     relation to:
996          (A) the legality or validity of the bonds, or the election or proceedings authorizing the
997     bonds;
998          (B) the authority of the local political subdivision to issue the bonds;
999          (C) the provisions made for the security or payment of the bonds; or
1000          (D) any other issue that materially and adversely affects the marketability of the bonds,
1001     as determined by the individual or body that holds the executive powers of the local political
1002     subdivision.
1003          (c) For a bond described in this section that is approved by voters on or after May 8,
1004     2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
1005     later of the day on which:
1006          (i) the local clerk determines that the petition is insufficient, in accordance with
1007     Subsection 20A-7-607(3), unless an application, described in Subsection 20A-7-607(4)(a), is
1008     made to a court;
1009          (ii) a court determines, under Subsection [20A-7-607(4)(c)] 20A-7-607(5)(c), that the
1010     petition for the referendum is not legally sufficient; or
1011          (iii) for a referendum petition that is sufficient, the governing body declares, as
1012     provided by law, the results of the referendum election on the local obligation law.
1013          (d) For a bond described in this section that was approved by voters on or after May
1014     14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
1015          (i) if a county, city, town, metro township, or court determines, under Section
1016     20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
1017          (A) the day on which the county, city, town, or metro township provides the notice
1018     described in Subsection 20A-7-602.7(1)(b)(ii); or
1019          (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court

1020     decision that the proposed referendum is not legally referable to voters becomes final; or
1021          (ii) if a county, city, town, metro township, or court determines, under Section
1022     20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
1023          (A) the day on which the local clerk determines, under Section 20A-7-607, that the
1024     number of certified names is insufficient for the proposed referendum to appear on the ballot;
1025     or
1026          (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
1027     names is sufficient for the proposed referendum to appear on the ballot, the day on which the
1028     governing body declares, as provided by law, the results of the referendum election on the local
1029     obligation law.
1030          (e) A tolling period described in Subsection (2)(b)(ii) ends after:
1031          (i) there is a final settlement, a final adjudication, or another type of final resolution of
1032     all challenges described in Subsection (2)(b)(ii); and
1033          (ii) the individual or body that holds the executive powers of the local political
1034     subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
1035     are resolved and final.
1036          (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
1037     (2) and, when the tolling ends and after giving effect to the tolling, the period of time
1038     remaining to issue the bonds is less than one year, the period of time remaining to issue the
1039     bonds shall be extended to one year.
1040          (g) The tolling provisions described in this Subsection (2) apply to all bonds described
1041     in this section that were approved by voters on or after May 8, 2002.
1042          (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
1043     the indebtedness of the local political subdivision to exceed that permitted by the Utah
1044     Constitution or statutes.
1045          (b) In computing the amount of indebtedness that may be incurred pursuant to
1046     constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
1047     as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
1048     of the taxable property in the local political subdivision, as computed from the last applicable
1049     equalized assessment roll before the incurring of the additional indebtedness.
1050          (c) In determining the fair market value of the taxable property in the local political

1051     subdivision as provided in this section, the value of all tax equivalent property, as defined in
1052     Section 59-3-102, shall be included as a part of the total fair market value of taxable property
1053     in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
1054     Act.
1055          (4) Bonds of improvement districts issued in a manner that they are payable solely
1056     from the revenues to be derived from the operation of the facilities of the district may not be
1057     included as bonded indebtedness for the purposes of the computation.
1058          (5) Where bonds are issued by a city, town, or county payable solely from revenues
1059     derived from the operation of revenue-producing facilities of the city, town, or county, or
1060     payable solely from a special fund into which are deposited excise taxes levied and collected by
1061     the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
1062     city, town, or county, or any combination of those excise taxes, the bonds shall be included as
1063     bonded indebtedness of the city, town, or county only to the extent required by the Utah
1064     Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
1065     town, or county need not be authorized at an election, except as otherwise provided by the Utah
1066     Constitution, the bonds being hereby expressly excluded from the election requirement of
1067     Section 11-14-201.
1068          (6) A bond election is not void when the amount of bonds authorized at the election
1069     exceeded the limitation applicable to the local political subdivision at the time of holding the
1070     election, but the bonds may be issued from time to time in an amount within the applicable
1071     limitation at the time the bonds are issued.
1072          (7) (a) A local political subdivision may not receive, from the issuance of bonds
1073     approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
1074     maximum principal amount stated in the bond proposition.
1075          (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
1076     held after January 1, 2019.
1077          Section 16. Section 17-2-103.5 is enacted to read:
1078          17-2-103.5. Definitions.
1079          As used in this title, "office director" means the director of the Elections Office,
1080     appointed under Subsection 63A-19-201(3)(a).
1081          Section 17. Section 17-2-104 is amended to read:

1082          17-2-104. Certification of election result to governor.
1083          If it appears from the certified report that the [lieutenant governor] office director
1084     receives under Section 20A-4-304 that a majority of the voters in each of the counties have
1085     voted in favor of consolidation, the [lieutenant governor] office director shall certify the result
1086     of the vote to the governor.
1087          Section 18. Section 17-2-105 is amended to read:
1088          17-2-105. Governor's proclamation -- Notice and plat to lieutenant governor --
1089     Recording requirements -- Effective date.
1090          (1) Upon receipt of the election result from the [lieutenant governor] office director
1091     under Section 17-2-104, the governor shall issue a proclamation, stating the result of the vote
1092     in each of the counties, and that the consolidation of the one county with the other will take
1093     effect as provided in Subsection (3).
1094          (2) The legislative body of the consolidating county shall:
1095          (a) within 30 days after the issuance of the governor's proclamation under Subsection
1096     (1), send to the lieutenant governor:
1097          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
1098     that meets the requirements of Subsection 67-1a-6.5(3); and
1099          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
1100          (b) upon the lieutenant governor's issuance of a certificate of consolidation under
1101     Section 67-1a-6.5, submit to the recorder of the consolidating county:
1102          (i) the original notice of an impending boundary action;
1103          (ii) the original certificate of consolidation;
1104          (iii) the original approved final local entity plat; and
1105          (iv) a certified copy of the governor's proclamation under Subsection (1).
1106          (3) (a) A consolidation of counties approved at an election under Section 17-2-103
1107     takes effect on January 1 of the year immediately following the lieutenant governor's issuance
1108     of a certificate of consolidation under Section 67-1a-6.5.
1109          (b) (i) The effective date of a consolidation of counties for purposes of assessing
1110     property within the consolidating county is governed by Section 59-2-305.5.
1111          (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1112     recorder of the county in which the property is located, a consolidating county may not:

1113          (A) levy or collect a property tax on property in the consolidating county that used to
1114     be in the originating county;
1115          (B) levy or collect an assessment on property in the consolidating county that used to
1116     be in the originating county; or
1117          (C) charge or collect a fee for service provided to property within the consolidating
1118     county that used to be in the originating county.
1119          Section 19. Section 17-2-204 is amended to read:
1120          17-2-204. Certification of election result to governor.
1121          In an election held under Subsection 17-2-203(1), if it appears from the certified report
1122     that the [lieutenant governor] office director receives under Section 20A-4-304 that a majority
1123     of those voting in each county have voted in favor of the annexation, the [lieutenant governor]
1124     office director shall certify the result of the vote to the governor.
1125          Section 20. Section 17-2-205 is amended to read:
1126          17-2-205. Governor's proclamation -- Notice to lieutenant governor -- Recording
1127     requirements -- Effective date.
1128          (1) Upon receipt of the [lieutenant governor's] office director's certification under
1129     Section 17-2-204, the governor shall issue a proclamation, stating the result of the vote in each
1130     county, and that the annexation of the territory to the annexing county will take effect as
1131     provided in Subsection (3).
1132          (2) The legislative body of the annexing county shall:
1133          (a) within 30 days after the issuance of the governor's proclamation under Subsection
1134     (1), send to the lieutenant governor:
1135          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
1136     that meets the requirements of Subsection 67-1a-6.5(3); and
1137          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
1138          (b) upon the lieutenant governor's issuance of a certificate of annexation under Section
1139     67-1a-6.5, submit to the recorder of the annexing county:
1140          (i) the original notice of an impending boundary action;
1141          (ii) the original certificate of consolidation;
1142          (iii) the original approved final local entity plat; and
1143          (iv) a certified copy of the governor's proclamation under Subsection (1).

1144          (3) (a) An annexation approved at an election under Section 17-2-203 takes effect on
1145     January 1 of the year immediately following the lieutenant governor's issuance of a certificate
1146     of annexation under Section 67-1a-6.5.
1147          (b) (i) The effective date of a county annexation for purposes of assessing property
1148     within the annexing county is governed by Section 59-2-305.5.
1149          (ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the
1150     recorder of the county in which the property is located, an annexing county may not:
1151          (A) levy or collect a property tax on property in the annexing county that used to be in
1152     the initiating county;
1153          (B) levy or collect an assessment on property in the annexing county that used to be in
1154     the initiating county; or
1155          (C) charge or collect a fee for service provided to property within the annexing county
1156     that used to be in the initiating county.
1157          Section 21. Section 17-3-3 is amended to read:
1158          17-3-3. Certification of returns -- Governor's proclamation of creation of new
1159     county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective
1160     date.
1161          (1) If it appears that any proposition submitted to the electors as provided in this
1162     chapter has been carried in the affirmative by a majority vote of the qualified electors residing
1163     in that portion of the county proposed as a new county, and also by a majority vote of the
1164     qualified electors residing in the remaining portion of that county:
1165          (a) the [lieutenant governor] office director, upon receiving the certified report under
1166     Section 20A-4-304, shall certify the result to the governor; and
1167          (b) upon receiving the results from the lieutenant governor under Subsection (1)(a), the
1168     governor shall issue a proclamation, stating:
1169          (i) the result of the vote in each division of the county;
1170          (ii) the name and boundaries of the new county;
1171          (iii) the boundaries of the original county as changed by the creation of the new county;
1172          (iv) that the creation of the new county will take effect on the first Monday in January
1173     following the lieutenant governor's issuance of a certificate of creation under Section
1174     67-1a-6.5;

1175          (v) the name proposed in the petition as the name of the new county; and
1176          (vi) the judicial district to which the new county belongs.
1177          (2) The legislative body of the county from which the greatest portion of the new
1178     county was taken shall:
1179          (a) within 30 days after the issuance of the governor's proclamation under Subsection
1180     (1), send to the lieutenant governor:
1181          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
1182     that meets the requirements of Subsection 67-1a-6.5(3); and
1183          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
1184          (b) upon the lieutenant governor's issuance of a certificate of creation under Section
1185     67-1a-6.5, submit to the recorder of the new county:
1186          (i) the original notice of an impending boundary action;
1187          (ii) the original certificate of creation;
1188          (iii) the original approved final local entity plat; and
1189          (iv) a certified copy of the governor's proclamation under Subsection (1).
1190          (3) (a) The new county that is the subject of the lieutenant governor's certificate of
1191     creation under Section 67-1a-6.5 is a county of the state from and after 12 noon of the first
1192     Monday in January following the issuance of the lieutenant governor's certificate of creation.
1193          (b) (i) The effective date of the creation of a new county for purposes of assessing
1194     property within the county is governed by Section 59-2-305.5.
1195          (ii) Until the documents listed in Subsection [(3)(b)] (2)(b) are recorded in the office of
1196     the recorder of the new county, the new county may not:
1197          (A) levy or collect a property tax on property in the county;
1198          (B) levy or collect an assessment on property in the county; or
1199          (C) charge or collect a fee for service provided to property within the county.
1200          Section 22. Section 17-16-6.5 is amended to read:
1201          17-16-6.5. Campaign financial disclosure in county elections.
1202          (1) (a) A county shall adopt an ordinance establishing campaign finance disclosure
1203     requirements for:
1204          (i) candidates for county office; and
1205          (ii) candidates for local school board office who reside in that county.

1206          (b) The ordinance required by Subsection (1)(a) shall include:
1207          (i) a requirement that each candidate for county office or local school board office
1208     report the candidate's itemized and total campaign contributions and expenditures at least once
1209     within the two weeks before the election and at least once within two months after the election;
1210          (ii) a definition of "contribution" and "expenditure" that requires reporting of
1211     nonmonetary contributions such as in-kind contributions and contributions of tangible things;
1212          (iii) a requirement that the financial reports identify:
1213          (A) for each contribution, the name of the donor of the contribution, if known, and the
1214     amount of the contribution; and
1215          (B) for each expenditure, the name of the recipient and the amount of the expenditure;
1216          (iv) a requirement that a candidate for county office or local school board office
1217     deposit a contribution in a separate campaign account in a financial institution;
1218          (v) a prohibition against a candidate for county office or local school board office
1219     depositing or mingling any contributions received into a personal or business account; and
1220          (vi) a requirement that a candidate for county office who receives a contribution that is
1221     cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
1222     shall, within 30 days after receiving the contribution, disburse the amount of the contribution
1223     to:
1224          (A) the treasurer of the state or a political subdivision for deposit into the state's or
1225     political subdivision's general fund; or
1226          (B) an organization that is exempt from federal income taxation under Section
1227     501(c)(3), Internal Revenue Code.
1228          (c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
1229     institution:
1230          (A) that is not described in Subsection (1)(b)(iv); and
1231          (B) into which or from which a person who, as a candidate for an office, other than a
1232     county office for which the person files a declaration of candidacy or federal office, or as a
1233     holder of an office, other than a county office for which the person files a declaration of
1234     candidacy or federal office, deposits a contribution or makes an expenditure.
1235          (ii) The ordinance required by Subsection (1)(a) shall include a requirement that a
1236     candidate for county office or local school board office include on a financial report filed in

1237     accordance with the ordinance a contribution deposited in or an expenditure made from an
1238     account:
1239          (A) since the last financial report was filed; or
1240          (B) that has not been reported under a statute or ordinance that governs the account.
1241          (2) If any county fails to adopt a campaign finance disclosure ordinance described in
1242     Subsection (1), candidates for county office, other than community council office, and
1243     candidates for local school board office shall comply with the financial reporting requirements
1244     contained in Subsections (3) through (8).
1245          (3) A candidate for elective office in a county or local school board office:
1246          (a) shall deposit a contribution in a separate campaign account in a financial institution;
1247     and
1248          (b) may not deposit or mingle any contributions received into a personal or business
1249     account.
1250          (4) Each candidate for elective office in any county who is not required to submit a
1251     campaign financial statement to the [lieutenant governor] office director, and each candidate
1252     for local school board office, shall file a signed campaign financial statement with the county
1253     clerk:
1254          (a) seven days before the date of the regular general election, reporting each
1255     contribution and each expenditure as of 10 days before the date of the regular general election;
1256     and
1257          (b) no later than 30 days after the date of the regular general election.
1258          (5) (a) The statement filed seven days before the regular general election shall include:
1259          (i) a list of each contribution received by the candidate, and the name of the donor, if
1260     known; and
1261          (ii) a list of each expenditure for political purposes made during the campaign period,
1262     and the recipient of each expenditure.
1263          (b) The statement filed 30 days after the regular general election shall include:
1264          (i) a list of each contribution received after the cutoff date for the statement filed seven
1265     days before the election, and the name of the donor; and
1266          (ii) a list of all expenditures for political purposes made by the candidate after the
1267     cutoff date for the statement filed seven days before the election, and the recipient of each

1268     expenditure.
1269          (6) (a) As used in this Subsection (6), "account" means an account in a financial
1270     institution:
1271          (i) that is not described in Subsection (3)(a); and
1272          (ii) into which or from which a person who, as a candidate for an office, other than a
1273     county office for which the person filed a declaration of candidacy or federal office, or as a
1274     holder of an office, other than a county office for which the person filed a declaration of
1275     candidacy or federal office, deposits a contribution or makes an expenditure.
1276          (b) A county office candidate and a local school board office candidate shall include on
1277     any campaign financial statement filed in accordance with Subsection (4) or (5):
1278          (i) a contribution deposited in an account:
1279          (A) since the last campaign finance statement was filed; or
1280          (B) that has not been reported under a statute or ordinance that governs the account; or
1281          (ii) an expenditure made from an account:
1282          (A) since the last campaign finance statement was filed; or
1283          (B) that has not been reported under a statute or ordinance that governs the account.
1284          (7) Within 30 days after receiving a contribution that is cash or a negotiable
1285     instrument, exceeds $50, and is from a donor whose name is unknown, a county office
1286     candidate shall disburse the amount of the contribution to:
1287          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1288     political subdivision's general fund; or
1289          (b) an organization that is exempt from federal income taxation under Section
1290     501(c)(3), Internal Revenue Code.
1291          (8) Candidates for elective office in any county, and candidates for local school board
1292     office, who are eliminated at a primary election shall file a signed campaign financial statement
1293     containing the information required by this section not later than 30 days after the primary
1294     election.
1295          (9) Any person who fails to comply with this section is guilty of an infraction.
1296          (10) (a) Counties may, by ordinance, enact requirements that:
1297          (i) require greater disclosure of campaign contributions and expenditures; and
1298          (ii) impose additional penalties.

1299          (b) The requirements described in Subsection (10)(a) apply to a local school board
1300     office candidate who resides in that county.
1301          (11) If a candidate fails to file an interim report due before the election, the county
1302     clerk:
1303          (a) may send an electronic notice to the candidate and the political party of which the
1304     candidate is a member, if any, that states:
1305          (i) that the candidate failed to timely file the report; and
1306          (ii) that, if the candidate fails to file the report within 24 hours after the deadline for
1307     filing the report, the candidate will be disqualified and the political party will not be permitted
1308     to replace the candidate; and
1309          (b) impose a fine of $100 on the candidate.
1310          (12) (a) The county clerk shall disqualify a candidate and inform the appropriate
1311     election officials that the candidate is disqualified if the candidate fails to file an interim report
1312     described in Subsection (11) within 24 hours after the deadline for filing the report.
1313          (b) The political party of a candidate who is disqualified under Subsection (12)(a) may
1314     not replace the candidate.
1315          (c) A candidate who is disqualified under Subsection (12)(a) shall file with the county
1316     clerk a complete and accurate campaign finance statement within 30 days after the day on
1317     which the candidate is disqualified.
1318          (13) If a candidate is disqualified under Subsection (12)(a), the election official:
1319          (a) shall:
1320          (i) notify every opposing candidate for the county office that the candidate is
1321     disqualified;
1322          (ii) send an email notification to each voter who is eligible to vote in the county
1323     election office race for whom the election official has an email address informing the voter that
1324     the candidate is disqualified and that votes cast for the candidate will not be counted;
1325          (iii) post notice of the disqualification on the county's website; and
1326          (iv) if practicable, remove the candidate's name from the ballot by blacking out the
1327     candidate's name before the ballots are delivered to voters; and
1328          (b) may not count any votes for that candidate.
1329          (14) An election official may fulfill the requirement described in Subsection (13)(a) in

1330     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
1331     written notice directing the voter to the county's website to inform the voter whether a
1332     candidate on the ballot is disqualified.
1333          (15) A candidate is not disqualified if:
1334          (a) the candidate files the interim reports described in Subsection (11) no later than 24
1335     hours after the applicable deadlines for filing the reports;
1336          (b) the reports are completed, detailing accurately and completely the information
1337     required by this section except for inadvertent omissions or insignificant errors or inaccuracies;
1338     and
1339          (c) the omissions, errors, or inaccuracies are corrected in an amended report or in the
1340     next scheduled report.
1341          (16) (a) A report is considered timely filed if:
1342          (i) the report is received in the county clerk's office no later than midnight, Mountain
1343     Time, at the end of the day on which the report is due;
1344          (ii) the report is received in the county clerk's office with a United States Postal Service
1345     postmark three days or more before the date that the report was due; or
1346          (iii) the candidate has proof that the report was mailed, with appropriate postage and
1347     addressing, three days before the report was due.
1348          (b) For a county clerk's office that is not open until midnight at the end of the day on
1349     which a report is due, the county clerk shall permit a candidate to file the report via email or
1350     another electronic means designated by the county clerk.
1351          (17) (a) Any private party in interest may bring a civil action in district court to enforce
1352     the provisions of this section or any ordinance adopted under this section.
1353          (b) In a civil action filed under Subsection (17)(a), the court shall award costs and
1354     attorney fees to the prevailing party.
1355          (18) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1356     Access and Management Act, the county clerk shall:
1357          (a) make each campaign finance statement filed by a candidate available for public
1358     inspection and copying no later than one business day after the statement is filed; and
1359          (b) make the campaign finance statement filed by a candidate available for public
1360     inspection by:

1361          (i) (A) posting an electronic copy or the contents of the statement on the county's
1362     website no later than seven business days after the statement is filed; and
1363          (B) verifying that the address of the county's website has been provided to the
1364     [lieutenant governor] office director in order to meet the requirements of Subsection
1365     20A-11-103(5); or
1366          (ii) submitting a copy of the statement to the [lieutenant governor] office director for
1367     posting on the website established by the [lieutenant governor] office director under Section
1368     20A-11-103 no later than two business days after the statement is filed.
1369          Section 23. Section 17-20-5 is amended to read:
1370          17-20-5. Report of election and appointment of officers.
1371          Within 10 days after the day on which a county clerk issues a certificate of election or a
1372     certificate of appointment made to fill vacancies in elective county offices, the county clerk
1373     shall notify the [lieutenant governor] office director of the following:
1374          (1) the name of the county;
1375          (2) the name of the county office to which the individual was elected or appointed;
1376          (3) the date of the election or appointment of the individual;
1377          (4) the date of the expiration of the term for which the individual was elected or
1378     appointed;
1379          (5) the date of the certificate of election or appointment; and
1380          (6) the date of the qualification of the individual elected or appointed.
1381          Section 24. Section 17-50-502 is amended to read:
1382          17-50-502. Change of class of county.
1383          (1) Each county shall retain its classification under Section 17-50-501 until changed as
1384     provided in this section.
1385          (2) The [lieutenant governor] office director shall monitor the population figure for
1386     each county as shown on:
1387          (a) each official census or census estimate of the United States Bureau of the Census;
1388     or
1389          (b) if the population figure for a county is not available from the United States Bureau
1390     of the Census, the population estimate from the Utah Population Committee.
1391          (3) After July 1, 2021, if the applicable population figure under Subsection (2)

1392     indicates that a county's population has increased beyond the limit for its current class, the
1393     [lieutenant governor] office director shall:
1394          (a) prepare a certificate indicating the class in which the county belongs based on the
1395     increased population figure; and
1396          (b) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1397     county legislative body and, if the county has an executive that is separate from the legislative
1398     body, the executive of the county whose class was changed.
1399          (4) A county's change in class is effective on the date of the [lieutenant governor's]
1400     office director's certificate under Subsection (3).
1401          Section 25. Section 17-52a-503 is amended to read:
1402          17-52a-503. Adoption of optional plan -- Election of new county officers -- Effect
1403     of adoption.
1404          (1) If a proposed optional plan is approved at an election held under Section
1405     17-52a-501:
1406          (a) on or before November 1 of the year immediately following the year of the election
1407     described in Section 17-52a-501 in which the optional plan is approved, the county legislative
1408     body shall:
1409          (i) if the proposed optional plan under Section 17-52a-404 specifies that one or more
1410     members of the county legislative body are elected from districts, adopt the geographic
1411     boundaries of each council or commission member district; and
1412          (ii) adopt the compensation, including benefits, for each member of the county
1413     legislative body;
1414          (b) the elected county officers specified in the plan shall be elected at the next regular
1415     general election following the election under Section 17-52a-501, according to the procedure
1416     and schedule established under Title 20A, Election Code, for the election of county officers;
1417          (c) the proposed optional plan:
1418          (i) becomes effective according to the optional plan's terms;
1419          (ii) subject to Subsection 17-52a-404(1)(c), at the time specified in the optional plan, is
1420     a public record open to inspection by the public; and
1421          (iii) is judicially noticeable by all courts;
1422          (d) the county clerk shall, within 10 days of the canvass of the election, file with the

1423     [lieutenant governor] office director a copy of the optional plan, certified by the clerk to be a
1424     true and correct copy;
1425          (e) all public officers and employees shall cooperate fully in making the transition
1426     between forms of county government; and
1427          (f) the county legislative body may enact and enforce necessary ordinances to bring
1428     about an orderly transition to the new form of government, including any transfer of power,
1429     records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
1430     the approved optional plan and necessary or convenient to place it into full effect.
1431          (2) An action by the county legislative body under Subsection (1)(a) is not an
1432     amendment for purposes of Section 17-52a-504.
1433          (3) Adoption of an optional plan does not alter or affect the boundaries, organization,
1434     powers, duties, or functions of any:
1435          (a) school district;
1436          (b) justice court;
1437          (c) special district under Title 17B, Limited Purpose Local Government Entities -
1438     Special Districts;
1439          (d) special service district under Title 17D, Chapter 1, Special Service District Act;
1440          (e) city or town; or
1441          (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
1442     Cooperation Act.
1443          (4) (a) After adoption of the optional plan, the county legislative body may adopt a
1444     change to the geographic boundaries of a council or commission member's district.
1445          (b) An action by the county legislative body under Subsection (4)(a) is not an
1446     amendment for purposes of Section 17-52a-504.
1447          (5) After the adoption of an optional plan, the county remains vested with all powers
1448     and duties vested generally in counties by statute.
1449          Section 26. Section 17B-1-303 is amended to read:
1450          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
1451     of board member contact information.
1452          (1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
1453     member of a board of trustees begins at noon on the January 1 following the member's election

1454     or appointment.
1455          (b) The term of each member of the initial board of trustees of a newly created special
1456     district begins:
1457          (i) upon appointment, for an appointed member; and
1458          (ii) upon the member taking the oath of office after the canvass of the election at which
1459     the member is elected, for an elected member.
1460          (c) The term of each water conservancy district board member whom the governor
1461     appoints in accordance with Subsection 17B-2a-1005(2)(c):
1462          (i) begins on the later of the following:
1463          (A) the date on which the Senate consents to the appointment; or
1464          (B) the expiration date of the prior term; and
1465          (ii) ends on the February 1 that is approximately four years after the date described in
1466     Subsection (1)(c)(i)(A) or (B).
1467          (d) The term of a member of a board of trustees whom an appointing authority appoints
1468     in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
1469          (e) If the member of the board of trustees fails to assume or qualify for office on
1470     January 1 for any reason, the term begins on the date the member assumes or qualifies for
1471     office.
1472          (2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
1473     and (iii), the term of each member of a board of trustees is four years, except that
1474     approximately half the members of the initial board of trustees, chosen by lot, shall serve a
1475     two-year term so that the term of approximately half the board members expires every two
1476     years.
1477          (ii) If the terms of members of the initial board of trustees of a newly created special
1478     district do not begin on January 1 because of application of Subsection (1)(b), the terms of
1479     those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the
1480     terms of their successors complying with:
1481          (A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
1482     a member's election or appointment; and
1483          (B) the requirement under Subsection (2)(a)(i) that terms be four years.
1484          (iii) If the term of a member of a board of trustees does not begin on January 1 because

1485     of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
1486     complying with the requirement under Subsection (1)(a) that the successor member's term,
1487     regardless of whether the incumbent is the successor, begins at noon on January 1 following the
1488     successor member's election or appointment.
1489          (iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
1490     subtract more than a year from a member's term.
1491          (b) Each board of trustees member shall serve until a successor is duly elected or
1492     appointed and qualified, unless the member earlier is removed from office or resigns or
1493     otherwise leaves office.
1494          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
1495     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
1496     successor:
1497          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
1498          (ii) the member may continue to serve until a successor is duly elected or appointed
1499     and qualified.
1500          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
1501     shall take the oath of office specified in Utah Constitution, Article IV,
1502     Section 10.
1503          (ii) A judge, county clerk, notary public, or the special district clerk may administer an
1504     oath of office.
1505          (b) The member of the board of trustees taking the oath of office shall file the oath of
1506     office with the clerk of the special district.
1507          (c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
1508     does not invalidate any official act of that member.
1509          (4) A board of trustees member may serve any number of terms.
1510          (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
1511     trustees position is filled in accordance with Section 20A-1-512.
1512          (b) When the number of members of a board of trustees increases in accordance with
1513     Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
1514     board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
1515          (6) (a) As used in this Subsection (6):

1516          (i) "Appointed official" means a person who:
1517          (A) is appointed as a member of a special district board of trustees by a county or
1518     municipality that is entitled to appoint a member to the board; and
1519          (B) holds an elected position with the appointing county or municipality.
1520          (ii) "Appointing entity" means the county or municipality that appointed the appointed
1521     official to the board of trustees.
1522          (b) The board of trustees shall declare a midterm vacancy for the board position held
1523     by an appointed official if:
1524          (i) during the appointed official's term on the board of trustees, the appointed official
1525     ceases to hold the elected position with the appointing entity; and
1526          (ii) the appointing entity submits a written request to the board to declare the vacancy.
1527          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
1528     appointing entity shall appoint another person to fill the remaining unexpired term on the board
1529     of trustees.
1530          (7) (a) A member of a board of trustees shall obtain a fidelity bond or obtain theft or
1531     crime insurance for the faithful performance of the member's duties, in the amount and with the
1532     sureties or with an insurance company that the board of trustees prescribes.
1533          (b) The special district:
1534          (i) may assist the board of trustees in obtaining a fidelity bond or obtaining theft or
1535     crime insurance as a group or for members individually; and
1536          (ii) shall pay the cost of each fidelity bond or insurance coverage required under this
1537     Subsection (7).
1538          (8) (a) The [lieutenant governor] director of the Elections Office, appointed under
1539     Subsection 63A-19-201(3)(a), may extend the term of an elected district board member by one
1540     year in order to compensate for a change in the election year under Subsection 17B-1-306(14).
1541          (b) When the number of members of a board of trustees increases in accordance with
1542     Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
1543     expires every two years in accordance with Subsection (2)(a):
1544          (i) the board shall set shorter terms for approximately half of the new board members,
1545     chosen by lot; and
1546          (ii) the initial term of a new board member position may be less than two or four years.

1547          (9) (a) A special district shall:
1548          (i) post on the Utah Public Notice Website created in Section 63A-16-601 the name,
1549     phone number, and email address of each member of the special district's board of trustees;
1550          (ii) update the information described in Subsection (9)(a)(i) when:
1551          (A) the membership of the board of trustees changes; or
1552          (B) a member of the board of trustees' phone number or email address changes; and
1553          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
1554     on which the change requiring the update occurs.
1555          (b) This Subsection (9) applies regardless of whether the county or municipal
1556     legislative body also serves as the board of trustees of the special district.
1557          Section 27. Section 17B-1-306 is amended to read:
1558          17B-1-306. Special district board -- Election procedures -- Notice.
1559          (1) Except as provided in Subsection (12), each elected board member shall be selected
1560     as provided in this section.
1561          (2) (a) Each election of a special district board member shall be held:
1562          (i) at the same time as the municipal general election or the regular general election, as
1563     applicable; and
1564          (ii) at polling places designated by the special district board in consultation with the
1565     county clerk for each county in which the special district is located, which polling places shall
1566     coincide with municipal general election or regular general election polling places, as
1567     applicable, whenever feasible.
1568          (b) The special district board, in consultation with the county clerk, may consolidate
1569     two or more polling places to enable voters from more than one district to vote at one
1570     consolidated polling place.
1571          (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
1572     Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
1573     polling place per division of the district, designated by the district board.
1574          (ii) Each polling place designated by an irrigation district board under Subsection
1575     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
1576     (2)(a)(ii).
1577          (3) The clerk of each special district with a board member position to be filled at the

1578     next municipal general election or regular general election, as applicable, shall provide notice
1579     of:
1580          (a) each elective position of the special district to be filled at the next municipal
1581     general election or regular general election, as applicable;
1582          (b) the constitutional and statutory qualifications for each position; and
1583          (c) the dates and times for filing a declaration of candidacy.
1584          (4) The clerk of the special district shall publish the notice described in Subsection (3)
1585     for the special district, as a class A notice under Section 63G-30-102, for at least 10 days
1586     before the first day for filing a declaration of candidacy.
1587          (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
1588     special district board position, an individual shall file a declaration of candidacy in person with
1589     an official designated by the special district within the candidate filing period for the applicable
1590     election year in which the election for the special district board is held and:
1591          (i) during the special district's standard office hours, if the standard office hours
1592     provide at least three consecutive office hours each day during the candidate filing period that
1593     is not a holiday or weekend; or
1594          (ii) if the standard office hours of a special district do not provide at least three
1595     consecutive office hours each day, a three-hour consecutive time period each day designated by
1596     the special district during the candidate filing period that is not a holiday or weekend.
1597          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
1598     filing time shall be extended until the close of normal office hours on the following regular
1599     business day.
1600          (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
1601     declaration of candidacy with the official designated by the special district if:
1602          (i) the individual is located outside of the state during the entire filing period;
1603          (ii) the designated agent appears in person before the official designated by the special
1604     district; and
1605          (iii) the individual communicates with the official designated by the special district
1606     using an electronic device that allows the individual and official to see and hear each other.
1607          (d) (i) Before the filing officer may accept any declaration of candidacy from an
1608     individual, the filing officer shall:

1609          (A) read to the individual the constitutional and statutory qualification requirements for
1610     the office that the individual is seeking; and
1611          (B) require the individual to state whether the individual meets those requirements.
1612          (ii) If the individual does not meet the qualification requirements for the office, the
1613     filing officer may not accept the individual's declaration of candidacy.
1614          (iii) If it appears that the individual meets the requirements of candidacy, the filing
1615     officer shall accept the individual's declaration of candidacy.
1616          (e) The declaration of candidacy shall be in substantially the following form:
1617          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
1618     ____________, City of ________________, County of ________________, state of Utah, (Zip
1619     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
1620     office of board of trustees member for _______________________ (state the name of the
1621     special district); that I am a candidate for that office to be voted upon at the next election; and
1622     that, if filing via a designated agent, I will be out of the state of Utah during the entire
1623     candidate filing period, and I hereby request that my name be printed upon the official ballot
1624     for that election.
1625          (Signed) _________________________________________
1626          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
1627     of ____________, ____.
1628          (Signed) ________________________
1629          (Clerk or Notary Public)".
1630          (f) An agent designated under Subsection (5)(c) may not sign the form described in
1631     Subsection (5)(e).
1632          (g) Each individual wishing to become a valid write-in candidate for an elective special
1633     district board position is governed by Section 20A-9-601.
1634          (h) If at least one individual does not file a declaration of candidacy as required by this
1635     section, an individual shall be appointed to fill that board position in accordance with the
1636     appointment provisions of Section 20A-1-512.
1637          (i) If only one candidate files a declaration of candidacy and there is no write-in
1638     candidate who complies with Section 20A-9-601, the board, in accordance with Section
1639     20A-1-206, may:

1640          (i) consider the candidate to be elected to the position; and
1641          (ii) cancel the election.
1642          (6) (a) A primary election may be held if:
1643          (i) the election is authorized by the special district board; and
1644          (ii) the number of candidates for a particular local board position or office exceeds
1645     twice the number of persons needed to fill that position or office.
1646          (b) The primary election shall be conducted:
1647          (i) on the same date as the municipal primary election or the regular primary election,
1648     as applicable; and
1649          (ii) according to the procedures for primary elections provided under Title 20A,
1650     Election Code.
1651          (7) (a) Except as provided in Subsection (7)(c), within one business day after the
1652     deadline for filing a declaration of candidacy, the special district clerk shall certify the
1653     candidate names to the clerk of each county in which the special district is located.
1654          (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
1655     20A-6-305, the clerk of each county in which the special district is located and the special
1656     district clerk shall coordinate the placement of the name of each candidate for special district
1657     office in the nonpartisan section of the ballot with the appropriate election officer.
1658          (ii) If consolidation of the special district election ballot with the municipal general
1659     election ballot or the regular general election ballot, as applicable, is not feasible, the special
1660     district board of trustees, in consultation with the county clerk, shall provide for a separate
1661     special district election ballot to be administered by poll workers at polling places designated
1662     under Subsection (2).
1663          (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
1664     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
1665          (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
1666     prescribe the form of the ballot for each board member election.
1667          (B) Each ballot for an election of an irrigation district board member shall be in a
1668     nonpartisan format.
1669          (C) The name of each candidate shall be placed on the ballot in the order specified
1670     under Section 20A-6-305.

1671          (8) (a) Each voter at an election for a board of trustees member of a special district
1672     shall:
1673          (i) be a registered voter within the district, except for an election of:
1674          (A) an irrigation district board of trustees member; or
1675          (B) a basic special district board of trustees member who is elected by property owners;
1676     and
1677          (ii) meet the requirements to vote established by the district.
1678          (b) Each voter may vote for as many candidates as there are offices to be filled.
1679          (c) The candidates who receive the highest number of votes are elected.
1680          (9) Except as otherwise provided by this section, the election of special district board
1681     members is governed by Title 20A, Election Code.
1682          (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
1683     special district board shall serve a four-year term, beginning at noon on the January 1 after the
1684     person's election.
1685          (b) A person elected shall be sworn in as soon as practical after January 1.
1686          (11) (a) Except as provided in Subsection (11)(b), each special district shall reimburse
1687     the county or municipality holding an election under this section for the costs of the election
1688     attributable to that special district.
1689          (b) Each irrigation district shall bear the district's own costs of each election the district
1690     holds under this section.
1691          (12) This section does not apply to an improvement district that provides electric or gas
1692     service.
1693          (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,
1694     Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
1695          (14) (a) As used in this Subsection (14)[, "board"]:
1696          (i) "Board" means:
1697          [(i)] (A) a special district board; or
1698          [(ii)] (B) the administrative control board of a special service district that has elected
1699     members on the board.
1700          (ii) "Director" means the director of the Elections Office, appointed under Subsection
1701     63A-19-201(3)(a)),

1702          (b) A board may hold elections for membership on the board at a regular general
1703     election instead of a municipal general election if the board submits an application to the
1704     [lieutenant governor] director that:
1705          (i) requests permission to hold elections for membership on the board at a regular
1706     general election instead of a municipal general election; and
1707          (ii) indicates that holding elections at the time of the regular general election is
1708     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
1709     material reason.
1710          (c) Upon receipt of an application described in Subsection (14)(b), the [lieutenant
1711     governor] director may approve the application if the [lieutenant governor] director concludes
1712     that holding the elections at the regular general election is beneficial based on the criteria
1713     described in Subsection (14)(b)(ii).
1714          (d) If the [lieutenant governor] director approves a board's application described in this
1715     section:
1716          (i) all future elections for membership on the board shall be held at the time of the
1717     regular general election; and
1718          (ii) the board may not hold elections at the time of a municipal general election unless
1719     the board receives permission from the [lieutenant governor] director to hold all future
1720     elections for membership on the board at a municipal general election instead of a regular
1721     general election, under the same procedure, and by applying the same criteria, described in this
1722     Subsection (14).
1723          (15) (a) This Subsection (15) applies to a special district if:
1724          (i) the special district's board members are elected by the owners of real property, as
1725     provided in Subsection 17B-1-1402(1)(b); and
1726          (ii) the special district was created before January 1, 2020.
1727          (b) The board of a special district described in Subsection (15)(a) may conduct an
1728     election:
1729          (i) to fill a board member position that expires at the end of the term for that board
1730     member's position; and
1731          (ii) notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired
1732     term of a board member.

1733          (c) An election under Subsection (15)(b) may be conducted as determined by the
1734     special district board, subject to Subsection (15)(d).
1735          (d) (i) The special district board shall provide to property owners eligible to vote at the
1736     special district election:
1737          (A) notice of the election; and
1738          (B) a form to nominate an eligible individual to be elected as a board member.
1739          (ii) (A) The special district board may establish a deadline for a property owner to
1740     submit a nomination form.
1741          (B) A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after
1742     the board provides the notice and nomination form under Subsection (15)(d)(i).
1743          (iii) (A) After the deadline for submitting nomination forms, the special district board
1744     shall provide a ballot to all property owners eligible to vote at the special district election.
1745          (B) A special district board shall allow at least five days for ballots to be returned.
1746          (iv) A special district board shall certify the results of an election under this Subsection
1747     (15) during an open meeting of the board.
1748          Section 28. Section 20A-1-102 is amended to read:
1749          20A-1-102. Definitions.
1750          As used in this title:
1751          (1) "Active voter" means a registered voter who has not been classified as an inactive
1752     voter by the county clerk.
1753          (2) "Automatic tabulating equipment" means apparatus that automatically examines
1754     and counts votes recorded on ballots and tabulates the results.
1755          (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
1756     storage medium, that records an individual voter's vote.
1757          (b) "Ballot" does not include a record to tally multiple votes.
1758          (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
1759     on the ballot for their approval or rejection including:
1760          (a) an opinion question specifically authorized by the Legislature;
1761          (b) a constitutional amendment;
1762          (c) an initiative;
1763          (d) a referendum;

1764          (e) a bond proposition;
1765          (f) a judicial retention question;
1766          (g) an incorporation of a city or town; or
1767          (h) any other ballot question specifically authorized by the Legislature.
1768          (5) "Bind," "binding," or "bound" means securing more than one piece of paper
1769     together using staples or another means in at least three places across the top of the paper in the
1770     blank space reserved for securing the paper.
1771          (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
1772     20A-4-306 to canvass election returns.
1773          (7) "Bond election" means an election held for the purpose of approving or rejecting
1774     the proposed issuance of bonds by a government entity.
1775          (8) "Business reply mail envelope" means an envelope that may be mailed free of
1776     charge by the sender.
1777          (9) "Canvass" means the review of election returns and the official declaration of
1778     election results by the board of canvassers.
1779          (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
1780     the canvass.
1781          (11) "Contracting election officer" means an election officer who enters into a contract
1782     or interlocal agreement with a provider election officer.
1783          (12) "Convention" means the political party convention at which party officers and
1784     delegates are selected.
1785          (13) "Counting center" means one or more locations selected by the election officer in
1786     charge of the election for the automatic counting of ballots.
1787          (14) "Counting judge" means a poll worker designated to count the ballots during
1788     election day.
1789          (15) "Counting room" means a suitable and convenient private place or room for use
1790     by the poll workers and counting judges to count ballots.
1791          (16) "County officers" means those county officers that are required by law to be
1792     elected.
1793          (17) "Date of the election" or "election day" or "day of the election":
1794          (a) means the day that is specified in the calendar year as the day that the election

1795     occurs; and
1796          (b) does not include:
1797          (i) deadlines established for voting by mail, military-overseas voting, or emergency
1798     voting; or
1799          (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
1800     Voting.
1801          (18) "Director" means the director of the office, appointed under Subsection
1802     63A-19-201(3)(a).
1803          [(18)] (19) "Elected official" means:
1804          (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
1805     Municipal Alternate Voting Methods Pilot Project;
1806          (b) a person who is considered to be elected to a municipal office in accordance with
1807     Subsection [20A-1-206(1)(c)(ii)] 20A-1-206(3)(b)(ii); or
1808          (c) a person who is considered to be elected to a special district office in accordance
1809     with Subsection [20A-1-206(3)(b)(ii)] 20A-1-206(5)(b)(ii).
1810          [(19)] (20) "Election" means a regular general election, a municipal general election, a
1811     statewide special election, a local special election, a regular primary election, a municipal
1812     primary election, and a special district election.
1813          [(20)] (21) "Election Assistance Commission" means the commission established by
1814     the Help America Vote Act of 2002, Pub. L. No. 107-252.
1815          [(21)] (22) "Election cycle" means the period beginning on the first day persons are
1816     eligible to file declarations of candidacy and ending when the canvass is completed.
1817          [(22)] (23) "Election judge" means a poll worker that is assigned to:
1818          (a) preside over other poll workers at a polling place;
1819          (b) act as the presiding election judge; or
1820          (c) serve as a canvassing judge, counting judge, or receiving judge.
1821          [(23)] (24) "Election officer" means:
1822          (a) the [lieutenant governor] director, for all statewide ballots and elections;
1823          (b) the county clerk for:
1824          (i) a county ballot and election; and
1825          (ii) a ballot and election as a provider election officer as provided in Section

1826     20A-5-400.1 or 20A-5-400.5;
1827          (c) the municipal clerk for:
1828          (i) a municipal ballot and election; and
1829          (ii) a ballot and election as a provider election officer as provided in Section
1830     20A-5-400.1 or 20A-5-400.5;
1831          (d) the special district clerk or chief executive officer for:
1832          (i) a special district ballot and election; and
1833          (ii) a ballot and election as a provider election officer as provided in Section
1834     20A-5-400.1 or 20A-5-400.5; or
1835          (e) the business administrator or superintendent of a school district for:
1836          (i) a school district ballot and election; and
1837          (ii) a ballot and election as a provider election officer as provided in Section
1838     20A-5-400.1 or 20A-5-400.5.
1839          [(24)] (25) "Election official" means any election officer, election judge, or poll
1840     worker.
1841          [(25)] (26) "Election results" means:
1842          (a) for an election other than a bond election, the count of votes cast in the election and
1843     the election returns requested by the board of canvassers; or
1844          (b) for bond elections, the count of those votes cast for and against the bond
1845     proposition plus any or all of the election returns that the board of canvassers may request.
1846          [(26)] (27) "Election returns" includes:
1847          (a) the pollbook, the military and overseas absentee voter registration and voting
1848     certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
1849     ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
1850     cast form; and
1851          (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
1852     ballot.
1853          [(27)] (28) "Electronic signature" means an electronic sound, symbol, or process
1854     attached to or logically associated with a record and executed or adopted by a person with the
1855     intent to sign the record.
1856          [(28)] (29) "Inactive voter" means a registered voter who is listed as inactive by a

1857     county clerk under Subsection 20A-2-505(4)(c)(i) or (ii).
1858          [(29)] (30) "Judicial office" means the office filled by any judicial officer.
1859          [(30)] (31) "Judicial officer" means any justice or judge of a court of record or any
1860     county court judge.
1861          [(31)] (32) "Local election" means a regular county election, a regular municipal
1862     election, a municipal primary election, a local special election, a special district election, and a
1863     bond election.
1864          [(32)] (33) "Local political subdivision" means a county, a municipality, a special
1865     district, or a local school district.
1866          [(33)] (34) "Local special election" means a special election called by the governing
1867     body of a local political subdivision in which all registered voters of the local political
1868     subdivision may vote.
1869          [(34)] (35) "Manual ballot" means a paper document produced by an election officer on
1870     which an individual records an individual's vote by directly placing a mark on the paper
1871     document using a pen or other marking instrument.
1872          [(35)] (36) "Mechanical ballot" means a record, including a paper record, electronic
1873     record, or mechanical record, that:
1874          (a) is created via electronic or mechanical means; and
1875          (b) records an individual voter's vote cast via a method other than an individual directly
1876     placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
1877          [(36)] (37) "Municipal executive" means:
1878          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
1879          (b) the mayor in the council-manager form of government defined in Subsection
1880     10-3b-103(7); or
1881          (c) the mayor of a metro township form of government defined in Section 10-3b-102.
1882          [(37)] (38) "Municipal general election" means the election held in municipalities and,
1883     as applicable, special districts on the first Tuesday after the first Monday in November of each
1884     odd-numbered year for the purposes established in Section 20A-1-202.
1885          [(38)] (39) "Municipal legislative body" means:
1886          (a) the council of the city or town in any form of municipal government; or
1887          (b) the council of a metro township.

1888          [(39)] (40) "Municipal office" means an elective office in a municipality.
1889          [(40)] (41) "Municipal officers" means those municipal officers that are required by
1890     law to be elected.
1891          [(41)] (42) "Municipal primary election" means an election held to nominate
1892     candidates for municipal office.
1893          [(42)] (43) "Municipality" means a city, town, or metro township.
1894          (44) "Office" means the Elections Office, created in Section 63A-19-201.
1895          [(43)] (45) "Official ballot" means the ballots distributed by the election officer for
1896     voters to record their votes.
1897          [(44)] (46) "Official endorsement" means the information on the ballot that identifies:
1898          (a) the ballot as an official ballot;
1899          (b) the date of the election; and
1900          (c) (i) for a ballot prepared by an election officer other than a county clerk, the
1901     facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
1902          (ii) for a ballot prepared by a county clerk, the words required by Subsection
1903     20A-6-301(1)(b)(iii).
1904          [(45)] (47) "Official register" means the official record furnished to election officials
1905     by the election officer that contains the information required by Section 20A-5-401.
1906          [(46)] (48) "Political party" means an organization of registered voters that has
1907     qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
1908     Formation and Procedures.
1909          [(47)] (49) (a) "Poll worker" means a person assigned by an election official to assist
1910     with an election, voting, or counting votes.
1911          (b) "Poll worker" includes election judges.
1912          (c) "Poll worker" does not include a watcher.
1913          [(48)] (50) "Pollbook" means a record of the names of voters in the order that they
1914     appear to cast votes.
1915          [(49)] (51) "Polling place" means a building where voting is conducted.
1916          [(50)] (52) "Position" means a square, circle, rectangle, or other geometric shape on a
1917     ballot in which the voter marks the voter's choice.
1918          [(51)] (53) "Presidential Primary Election" means the election established in Chapter 9,

1919     Part 8, Presidential Primary Election.
1920          [(52)] (54) "Primary convention" means the political party conventions held during the
1921     year of the regular general election.
1922          [(53)] (55) "Protective counter" means a separate counter, which cannot be reset, that:
1923          (a) is built into a voting machine; and
1924          (b) records the total number of movements of the operating lever.
1925          [(54)] (56) "Provider election officer" means an election officer who enters into a
1926     contract or interlocal agreement with a contracting election officer to conduct an election for
1927     the contracting election officer's local political subdivision in accordance with Section
1928     20A-5-400.1.
1929          [(55)] (57) "Provisional ballot" means a ballot voted provisionally by a person:
1930          (a) whose name is not listed on the official register at the polling place;
1931          (b) whose legal right to vote is challenged as provided in this title; or
1932          (c) whose identity was not sufficiently established by a poll worker.
1933          [(56)] (58) "Provisional ballot envelope" means an envelope printed in the form
1934     required by Section 20A-6-105 that is used to identify provisional ballots and to provide
1935     information to verify a person's legal right to vote.
1936          [(57)] (59) (a) "Public figure" means an individual who, due to the individual being
1937     considered for, holding, or having held a position of prominence in a public or private capacity,
1938     or due to the individual's celebrity status, has an increased risk to the individual's safety.
1939          (b) "Public figure" does not include an individual:
1940          (i) elected to public office; or
1941          (ii) appointed to fill a vacancy in an elected public office.
1942          [(58)] (60) "Qualify" or "qualified" means to take the oath of office and begin
1943     performing the duties of the position for which the individual was elected.
1944          [(59)] (61) "Receiving judge" means the poll worker that checks the voter's name in the
1945     official register at a polling place and provides the voter with a ballot.
1946          [(60)] (62) "Registration form" means a form by which an individual may register to
1947     vote under this title.
1948          [(61)] (63) "Regular ballot" means a ballot that is not a provisional ballot.
1949          [(62)] (64) "Regular general election" means the election held throughout the state on

1950     the first Tuesday after the first Monday in November of each even-numbered year for the
1951     purposes established in Section 20A-1-201.
1952          [(63)] (65) "Regular primary election" means the election, held on the date specified in
1953     Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
1954     local school board positions to advance to the regular general election.
1955          [(64)] (66) "Resident" means a person who resides within a specific voting precinct in
1956     Utah.
1957          [(65)] (67) "Return envelope" means the envelope, described in Subsection
1958     20A-3a-202(4), provided to a voter with a manual ballot:
1959          (a) into which the voter places the manual ballot after the voter has voted the manual
1960     ballot in order to preserve the secrecy of the voter's vote; and
1961          (b) that includes the voter affidavit and a place for the voter's signature.
1962          [(66)] (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
1963     published as provided in Section 20A-5-405.
1964          [(67)] (69) "Special district" means a local government entity under Title 17B, Limited
1965     Purpose Local Government Entities - Special Districts, and includes a special service district
1966     under Title 17D, Chapter 1, Special Service District Act.
1967          [(68)] (70) "Special district officers" means those special district board members who
1968     are required by law to be elected.
1969          [(69)] (71) "Special election" means an election held as authorized by Section
1970     20A-1-203.
1971          [(70)] (72) "Spoiled ballot" means each ballot that:
1972          (a) is spoiled by the voter;
1973          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
1974          (c) lacks the official endorsement.
1975          [(71)] (73) "Statewide special election" means a special election called by the governor
1976     or the Legislature in which all registered voters in Utah may vote.
1977          [(72)] (74) "Tabulation system" means a device or system designed for the sole
1978     purpose of tabulating votes cast by voters at an election.
1979          [(73)] (75) "Ticket" means a list of:
1980          (a) political parties;

1981          (b) candidates for an office; or
1982          (c) ballot propositions.
1983          [(74)] (76) "Transfer case" means the sealed box used to transport voted ballots to the
1984     counting center.
1985          [(75)] (77) "Vacancy" means:
1986          (a) except as provided in Subsection (75)(b), the absence of an individual to serve in a
1987     position created by state constitution or state statute, whether that absence occurs because of
1988     death, disability, disqualification, resignation, or other cause ; or
1989          (b) in relation to a candidate for a position created by state constitution or state statute,
1990     the removal of a candidate due to the candidate's death, resignation, or disqualification.
1991          [(76)] (78) "Valid voter identification" means:
1992          (a) a form of identification that bears the name and photograph of the voter which may
1993     include:
1994          (i) a currently valid Utah driver license;
1995          (ii) a currently valid identification card that is issued by:
1996          (A) the state; or
1997          (B) a branch, department, or agency of the United States;
1998          (iii) a currently valid Utah permit to carry a concealed weapon;
1999          (iv) a currently valid United States passport; or
2000          (v) a currently valid United States military identification card;
2001          (b) one of the following identification cards, whether or not the card includes a
2002     photograph of the voter:
2003          (i) a valid tribal identification card;
2004          (ii) a Bureau of Indian Affairs card; or
2005          (iii) a tribal treaty card; or
2006          (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
2007     the name of the voter and provide evidence that the voter resides in the voting precinct, which
2008     may include:
2009          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
2010     election;
2011          (ii) a bank or other financial account statement, or a legible copy thereof;

2012          (iii) a certified birth certificate;
2013          (iv) a valid social security card;
2014          (v) a check issued by the state or the federal government or a legible copy thereof;
2015          (vi) a paycheck from the voter's employer, or a legible copy thereof;
2016          (vii) a currently valid Utah hunting or fishing license;
2017          (viii) certified naturalization documentation;
2018          (ix) a currently valid license issued by an authorized agency of the United States;
2019          (x) a certified copy of court records showing the voter's adoption or name change;
2020          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
2021          (xii) a currently valid identification card issued by:
2022          (A) a local government within the state;
2023          (B) an employer for an employee; or
2024          (C) a college, university, technical school, or professional school located within the
2025     state; or
2026          (xiii) a current Utah vehicle registration.
2027          [(77)] (79) "Valid write-in candidate" means a candidate who has qualified as a
2028     write-in candidate by following the procedures and requirements of this title.
2029          [(78)] (80) "Vote by mail" means to vote, using a manual ballot that is mailed to the
2030     voter, by:
2031          (a) mailing the ballot to the location designated in the mailing; or
2032          (b) depositing the ballot in a ballot drop box designated by the election officer.
2033          [(79)] (81) "Voter" means an individual who:
2034          (a) meets the requirements for voting in an election;
2035          (b) meets the requirements of election registration;
2036          (c) is registered to vote; and
2037          (d) is listed in the official register book.
2038          [(80)] (82) "Voter registration deadline" means the registration deadline provided in
2039     Section 20A-2-102.5.
2040          [(81)] (83) "Voting area" means the area within six feet of the voting booths, voting
2041     machines, and ballot box.
2042          [(82)] (84) "Voting booth" means:

2043          (a) the space or compartment within a polling place that is provided for the preparation
2044     of ballots, including the voting enclosure or curtain; or
2045          (b) a voting device that is free standing.
2046          [(83)] (85) "Voting device" means any device provided by an election officer for a
2047     voter to vote a mechanical ballot.
2048          [(84)] (86) "Voting precinct" means the smallest geographical voting unit, established
2049     under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
2050          [(85)] (87) "Watcher" means an individual who complies with the requirements
2051     described in Section 20A-3a-801 to become a watcher for an election.
2052          [(86)] (88) "Write-in ballot" means a ballot containing any write-in votes.
2053          [(87)] (89) "Write-in vote" means a vote cast for an individual, whose name is not
2054     printed on the ballot, in accordance with the procedures established in this title.
2055          Section 29. Section 20A-1-105 is amended to read:
2056          20A-1-105. Chief election officer of the state -- Duties, authority, and
2057     enforcement.
2058          (1) The [lieutenant governor] director:
2059          (a) is the chief election officer of the state;
2060          (b) is responsible to oversee, and generally supervise, all elections and functions
2061     relating to elections in the state; and
2062          (c) shall enforce compliance by election officers with all legal requirements relating to
2063     elections, including:
2064          (i) Public Law 103-31, the National Voter Registration Act of 1993;
2065          (ii) Public Law 107-252, the Help America Vote Act of 2002;
2066          (iii) all other applicable provisions of federal law and rule relating to elections;
2067          (iv) state law relating to elections;
2068          (v) the requirements of this title; and
2069          (vi) rules made under this title.
2070          (2) To the extent that the [lieutenant governor] director determines the following is
2071     useful in fulfilling the responsibilities described in Subsection (1), the [lieutenant governor]
2072     director has:
2073          (a) full access to closely observe, examine, and copy all records, documents,

2074     recordings, and other information in the custody or control of an election officer or a board of
2075     canvassers;
2076          (b) full access to closely observe, examine, and copy all voter registration records,
2077     ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the
2078     custody or control of an election officer or a board of canvassers;
2079          (c) full access to closely observe and examine all facilities, storage areas, and
2080     equipment, and to closely observe, examine, or copy all materials, in the custody or control of
2081     an election officer or a board of canvassers;
2082          (d) full access to all staff, including full-time, part-time, and volunteer staff of an
2083     election officer or a board of canvassers;
2084          (e) full access to closely observe, examine, and copy all records and information
2085     relating to election audits that are conducted, directed, or commissioned by a county clerk;
2086          (f) the right to attend any meeting, including a closed meeting, relating to a matter
2087     within the scope of authority or responsibility of the [lieutenant governor] director described in
2088     this chapter or Subsection [67-1a-2(2)] 63A-19-202(2); and
2089          (g) the right to closely observe and examine any work or other process relating to a
2090     matter within the scope of authority or responsibility of the [lieutenant governor] director
2091     described in this chapter or Subsection [67-1a-2(2)] 63A-19-202(2).
2092          (3) An election officer shall fully assist, and cooperate with, the [lieutenant governor]
2093     director in:
2094          (a) fulfillment, by the [lieutenant governor] director, of the responsibilities described in
2095     Subsection (1); and
2096          (b) obtaining the access and exercising the rights described in Subsection (2).
2097          (4) If the [lieutenant governor] director determines that an election officer is in
2098     violation of a law or rule described in Subsection (1)(c), the [lieutenant governor] director, in
2099     an effort to remedy the violation and bring the election officer into compliance with the law or
2100     rule:
2101          (a) shall consult with the election officer; and
2102          (b) may provide training and other assistance to the election officer to the extent the
2103     [lieutenant governor] director determines warranted.
2104          (5) If a violation continues after the [lieutenant governor] director complies with

2105     Subsection (4)(a), the [lieutenant governor] director shall issue a written order to the election
2106     officer that:
2107          (a) describes the violation;
2108          (b) describes the action taken under Subsection (4) to remedy the violation and bring
2109     the election officer into compliance with the law or rule;
2110          (c) directs the election officer to remedy and cease the violation;
2111          (d) describes the specific actions the election officer must take to comply with the
2112     order;
2113          (e) states the deadline for the election officer to comply with the order; and
2114          (f) describes the actions the election officer must take to verify compliance with the
2115     order.
2116          (6) (a) An order described in Subsection (5) has the force of law.
2117          (b) An election officer shall fully comply with an order described in Subsection (5)
2118     unless the election officer obtains a court order rescinding or modifying the order in accordance
2119     with Subsections (7) through (9).
2120          (7) An election officer desiring to seek a court order described in Subsection (6) shall
2121     file an action seeking a court order within 10 days after the day on which the [lieutenant
2122     governor] director issues the order described in Subsection (5).
2123          (8) A court may not rescind or modify an order described in Subsection (5) unless, and
2124     only to the extent that:
2125          (a) the order is arbitrary or capricious;
2126          (b) the court finds that the violation alleged by the [lieutenant governor] director did
2127     not occur; or
2128          (c) the court determines that the violation alleged by the [lieutenant governor] director
2129     is not a violation of law or rule.
2130          (9) An election officer who files an action described in Subsection (7) has the burden
2131     of proof.
2132          (10) This section does not prohibit the [lieutenant governor] director from bringing a
2133     legal action, at any time, to compel an election officer to comply with the law and rules
2134     described in Subsection (1).
2135          Section 30. Section 20A-1-106 is amended to read:

2136          20A-1-106. Duties of a clerk.
2137          (1) As used in this section, "clerk" means an election officer other than the [lieutenant
2138     governor] director.
2139          (2) A clerk shall:
2140          (a) comply with all of the following in relation to elections:
2141          (i) federal and state law;
2142          (ii) federal and state rules; and
2143          (iii) the policies and direction of the [lieutenant governor] director; and
2144          (b) diligently learn and become familiar with the law, rules, policies, and direction
2145     described in Subsection (2)(a).
2146          Section 31. Section 20A-1-107 is amended to read:
2147          20A-1-107. Elections training -- Training required -- Reimbursement.
2148          (1) As used in this section, "election administrator" means:
2149          (a) a county clerk; and
2150          (b) if the county clerk employs one or more individuals who assist with elections:
2151          (i) the most senior employee who assists with elections; or
2152          (ii) if more than one employee qualifies as the most senior employee under Subsection
2153     (1)(b)(i), one of those employees, as designated by the election officer.
2154          (2) The [lieutenant governor] director shall, in accordance with this section:
2155          (a) design and provide training to election officers and government workers who
2156     perform functions relating to elections; and
2157          (b) provide the training described in this section without charge to the officers and
2158     workers described in Subsection (2)(a).
2159          (3) The training shall include:
2160          (a) a course designed for election administrators:
2161          (i) that may include multiple sessions;
2162          (ii) that may require attendance on multiple occasions; and
2163          (iii) for which the [lieutenant governor] director may, notwithstanding Section
2164     63G-22-103, require live attendance; and
2165          (b) a course designed for government workers, who perform functions relating to
2166     elections, that consists of modules relating to individual election processes.

2167          (4) (a) An election administrator who was elected, appointed, or hired before May 3,
2168     2023, shall:
2169          (i) begin the first session described in Subsection (3)(a) before July 1, 2024; and
2170          (ii) complete all sessions within four years after the election administrator takes the
2171     first session.
2172          (b) An election administrator who is elected, appointed, or hired on or after May 3,
2173     2023, shall:
2174          (i) begin the first session described in Subsection (3)(a) within one year after the day
2175     on which the election administrator is elected, appointed, or hired; and
2176          (ii) complete all sessions within four years after the election administrator takes the
2177     first session.
2178          (5) The [lieutenant governor] director shall reimburse an election administrator who is
2179     required under this section to attend the training described in Subsection (3)(a) per diem and
2180     travel expenses for attending the training, in accordance with:
2181          (a) Section 63A-3-106;
2182          (b) Section 63A-3-107; and
2183          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2184     63A-3-107.
2185          (6) An individual may not perform an election process for which the [lieutenant
2186     governor] director has developed an online training module described in Subsection (3)(b),
2187     unless the individual has completed the training module developed for that election process.
2188          (7) The [director of elections, within the Office of the Lieutenant Governor,] office
2189     may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2190     Act, establishing requirements for:
2191          (a) complying with the training requirements described in this section; and
2192          (b) supplemental or refresher training that the [lieutenant governor] director determines
2193     is needed to ensure the integrity of elections in the state.
2194          Section 32. Section 20A-1-108 is amended to read:
2195          20A-1-108. Audits -- Studies relating to elections.
2196          (1) Except as provided in Subsection (2):
2197          (a) the [director of elections within the Office of the Lieutenant Governor] office shall

2198     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2199     establishing requirements and procedures for an audit described in this title; and
2200          (b) an election officer shall ensure that, when an audit is conducted of work done
2201     during ballot processing, the individual who performs the audit does not audit the individual's
2202     own work.
2203          (2) Subsection (1) does not relate to an audit conducted by the legislative auditor
2204     general or the [lieutenant governor] director.
2205          (3) The [lieutenant governor] director shall keep the Government Operations Interim
2206     Committee informed of advances in election technology that the committee may want to study
2207     for use in Utah's elections.
2208          (4) The [lieutenant governor] director shall:
2209          (a) study methods to improve post-election audits to confirm that the election correctly
2210     identified the winning candidates, including evaluating:
2211          (i) different risk-limiting audit methods; and
2212          (ii) other confirmation methods; and
2213          (b) at or before the last 2023 meeting of the Government Operations Interim
2214     Committee, report to the committee on:
2215          (i) the methods studied; and
2216          (ii) recommendations for post-election audit requirements.
2217          [(5) The Driver License Division shall, in cooperation with the lieutenant governor:]
2218          [(a) study:]
2219          [(i) the options for improving the quality of signatures collected by the Driver License
2220     Division that are used for signature verification in an election; and]
2221          [(ii) the technology needs and costs associated with the options described in Subsection
2222     (5)(a)(i); and]
2223          [(b) at or before the last 2023 meeting of the Government Operations Interim
2224     Committee, report to the committee on:]
2225          [(i) the options, technology needs, and costs described in Subsection (5)(a); and]
2226          [(ii) recommendations regarding the options described in Subsection (5)(a)(i).]
2227          Section 33. Section 20A-1-206 is amended to read:
2228          20A-1-206. Cancellation of local election or local race -- Municipalities -- Special

2229     districts -- Notice.
2230          (1) As used in this section:
2231          (a) "Contested race" means a race in a general election where the number of
2232     candidates, including any eligible write-in candidates, exceeds the number of offices to be
2233     filled in the race.
2234          (b) "Election" means an event, run by an election officer, that includes one or more
2235     races for public office or one or more ballot propositions.
2236          (c) (i) "Race" means a contest between candidates to obtain the number of votes
2237     necessary to take a particular public office.
2238          (ii) "Race," as the term relates to a contest for an at-large position, includes all open
2239     positions for the same at-large office.
2240          (iii) "Race," as the term relates to a contest for a municipal council position that is not
2241     an at-large position, includes only the contest to represent a particular district on the council.
2242          (2) A municipal legislative body may cancel a local election if:
2243          (a) the ballot for the local election will not include any contested races or ballot
2244     propositions; and
2245          (b) the municipal legislative body passes, no later than 20 days before the day of the
2246     scheduled election, a resolution that cancels the election and certifies that:
2247          (i) the ballot for the election would not include any contested races or ballot
2248     propositions; and
2249          (ii) the candidates who qualified for the ballot are considered elected.
2250          (3) A municipal legislative body may cancel a race in a local election if:
2251          (a) the ballot for the race will not include any contested races or ballot propositions;
2252     and
2253          (b) the municipal legislative body passes, no later than 20 days before the day of the
2254     scheduled election, a resolution that cancels the race and certifies that:
2255          (i) the ballot for the race would not include any contested races or ballot propositions;
2256     and
2257          (ii) the candidate for the race is considered elected.
2258          (4) A municipal legislative body that cancels a local election in accordance with
2259     Subsection (2) shall give notice that the election is cancelled by:

2260          (a) subject to Subsection (8), providing notice to the [lieutenant governor's] office to be
2261     posted on the Statewide Electronic Voter Information Website described in Section 20A-7-801,
2262     for 15 consecutive days before the day of the scheduled election; and
2263          (b) providing notice for the municipality, as a class A notice under Section
2264     63G-30-102, for at least 15 days before the day of the scheduled election.
2265          (5) A special district board may cancel a local election if:
2266          (a) the ballot for the local election will not include any contested races or ballot
2267     propositions; and
2268          (b) the special district board passes, no later than 20 days before the day of the
2269     scheduled election, a resolution that cancels the election and certifies that:
2270          (i) the ballot for the election would not include any contested races or ballot
2271     propositions; and
2272          (ii) the candidates who qualified for the ballot are considered elected.
2273          (6) A special district board may cancel a special district race if:
2274          (a) the race is uncontested; and
2275          (b) the special district board passes, no later than 20 days before the day of the
2276     scheduled election, a resolution that cancels the race and certifies that the candidate who
2277     qualified for the ballot for that race is considered elected.
2278          (7) A special district that cancels a local election in accordance with Subsection (5)
2279     shall provide notice that the election is cancelled:
2280          (a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter
2281     Information Website described in Section 20A-7-801, for 15 consecutive days before the day of
2282     the scheduled election; and
2283          (b) as a class A notice under Section 63G-30-102, for at least 15 days before the day of
2284     the scheduled election.
2285          (8) A municipal legislative body that posts a notice in accordance with Subsection
2286     (4)(a) or a special district that posts a notice in accordance with Subsection (7)(a) is not liable
2287     for a notice that fails to post due to technical or other error by the publisher of the Statewide
2288     Electronic Voter Information Website.
2289          Section 34. Section 20A-1-305 is amended to read:
2290          20A-1-305. Publication and distribution of election laws.

2291          (1) The [lieutenant governor] director shall:
2292          (a) publish a sufficient number of copies of Title 20A, Election Code, and any other
2293     provisions of law that govern elections; and
2294          (b) transmit copies to each county clerk.
2295          (2) Each county clerk shall:
2296          (a) inform the [lieutenant governor] director of the number of copies needed; and
2297          (b) furnish each election officer in the county with one copy.
2298          Section 35. Section 20A-1-308 is amended to read:
2299          20A-1-308. Elections during declared emergencies.
2300          (1) As used in this section, "declared emergency" means a state of emergency that:
2301          (a) is declared by:
2302          (i) the president of the United States;
2303          (ii) the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster
2304     Response and Recovery Act; or
2305          (iii) the chief executive officer of a political subdivision in a proclamation under Title
2306     53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and
2307          (b) affects an election in the state, including:
2308          (i) voting on election day;
2309          (ii) early voting;
2310          (iii) the transmittal or voting of a ballot;
2311          (iv) the counting of a ballot; or
2312          (v) the canvassing of election returns.
2313          (2) During a declared emergency, the [lieutenant governor] director may designate a
2314     method, time, or location for, or relating to, an event described in Subsection (1)(b) that is
2315     different than the method, time, or location described in this title.
2316          (3) The [lieutenant governor] director shall notify a voter or potential voter of a
2317     different method, time, or location designated under Subsection (2) by:
2318          (a) posting a notice on the Statewide Electronic Voter Information Website established
2319     under Section 20A-7-801;
2320          (b) notifying each election officer affected by the designation; and
2321          (c) notifying a newspaper of general circulation within the state or a local media

2322     correspondent.
2323          Section 36. Section 20A-1-501 is amended to read:
2324          20A-1-501. Candidate vacancies -- Procedure for filling.
2325          (1) As used in this section, "central committee" means:
2326          (a) the state central committee of a political party, for a candidate for:
2327          (i) United States senator, United States representative, governor, lieutenant governor,
2328     attorney general, state treasurer, or state auditor; or
2329          (ii) state legislator if the legislative district encompasses all or a portion of more than
2330     one county; or
2331          (b) the county central committee of a political party, for a party candidate seeking an
2332     office, other than an office described in Subsection (1)(a), elected at an election held in an
2333     even-numbered year.
2334          (2) Except as provided in Subsection (6), the central committee may certify the name
2335     of another candidate to the appropriate election officer if:
2336          (a) for a registered political party that will have a candidate on a ballot in a primary
2337     election:
2338          (i) after the close of the period for filing a declaration of candidacy and continuing
2339     through the day before the day on which the [lieutenant governor] director provides the list
2340     described in Subsection 20A-9-403(4)(a), only one or two candidates from that party have filed
2341     a declaration of candidacy for that office and one or both dies, resigns as a candidate, or is
2342     disqualified as a candidate; and
2343          (ii) the central committee provides written certification of the replacement candidate to
2344     the appropriate election officer before the day on which the [lieutenant governor] director
2345     provides the list described in Subsection 20A-9-403(4)(a); and
2346          (b) for a registered political party that does not have a candidate on the ballot in a
2347     primary, but will have a candidate on the ballot for a regular general election:
2348          (i) after the close of the period for filing a declaration of candidacy and continuing
2349     through the day before the day on which the [lieutenant governor] director makes the
2350     certification described in Section 20A-5-409, the party's candidate dies, resigns as a candidate,
2351     or is disqualified as a candidate; and
2352          (ii) the central committee provides written certification of the replacement candidate to

2353     the appropriate election officer before the day on which the [lieutenant governor] director
2354     makes the certification described in Section 20A-5-409; or
2355          (c) for a registered political party with a candidate certified as winning a primary
2356     election:
2357          (i) after the close of the period for filing a declaration of candidacy and continuing
2358     through the day before the day on which the [lieutenant governor] director makes the
2359     certification described in Section 20A-5-409, the party's candidate dies, resigns as a candidate,
2360     or is disqualified as a candidate; and
2361          (ii) the central committee provides written certification of the replacement candidate to
2362     the appropriate election officer before the day on which the [lieutenant governor] director
2363     makes the certification described in Section 20A-5-409.
2364          (3) If no more than two candidates from a political party have filed a declaration of
2365     candidacy for an office elected at a regular general election and one resigns to become the party
2366     candidate for another position, the central committee of that political party may certify the
2367     name of another candidate to the appropriate election officer.
2368          (4) Each replacement candidate shall file a declaration of candidacy as required by
2369     Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
2370          (5) (a) The name of a candidate who is certified under Subsection (2)(a) after the
2371     deadline described in Subsection (2)(a)(ii) may not appear on the primary election ballot.
2372          (b) The name of a candidate who is certified under Subsection (2)(b) after the deadline
2373     described in Subsection (2)(b)(ii) may not appear on the general election ballot.
2374          (c) The name of a candidate who is certified under Subsection (2)(c) after the deadline
2375     described in Subsection (2)(c)(ii) may not appear on the general election ballot.
2376          (6) A political party may not replace a candidate who is disqualified for failure to
2377     timely file a campaign disclosure financial report under Title 20A, Chapter 11, Campaign and
2378     Financial Reporting Requirements, or Section 17-16-6.5.
2379          (7) This section does not apply to a candidate vacancy for a nonpartisan office.
2380          Section 37. Section 20A-1-503 is amended to read:
2381          20A-1-503. Midterm vacancies in the Legislature.
2382          (1) As used in this section:
2383          (a) "Filing deadline" means the final date for filing:

2384          (i) a declaration of candidacy as provided in Section 20A-9-202; and
2385          (ii) a certificate of nomination as provided in Section 20A-9-503.
2386          (b) "Party liaison" means the political party officer designated to serve as a liaison with
2387     the [lieutenant governor] director on all matters relating to the political party's relationship with
2388     the state as required by Section 20A-8-401.
2389          (2) When a vacancy occurs for any reason in the office of representative in the
2390     Legislature, the governor shall fill the vacancy by immediately appointing the person whose
2391     name was submitted by the party liaison of the same political party as the prior representative.
2392          (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in
2393     the office of senator in the Legislature, it shall be filled for the unexpired term at the next
2394     regular general election.
2395          (b) The governor shall fill the vacancy until the next regular general election by
2396     immediately appointing the person whose name was submitted by the party liaison of the same
2397     political party as the prior senator.
2398          (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but
2399     before August 31 of an even-numbered year in which the term of office does not expire, the
2400     [lieutenant governor] director shall:
2401          (i) establish a date and time, which is before the date for a candidate to be certified for
2402     the ballot under Section 20A-9-701 and no later than 21 days after the day on which the
2403     vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant
2404     office shall file:
2405          (A) a declaration of candidacy; or
2406          (B) a certificate of nomination; and
2407          (ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):
2408          (A) on the [lieutenant governor's] office's website; and
2409          (B) to each registered political party.
2410          (b) A person intending to obtain a position on the ballot for the vacant office shall:
2411          (i) before the date and time specified in Subsection (4)(a)(i), file a declaration of
2412     candidacy or certificate of nomination according to the procedures and requirements of Chapter
2413     9, Candidate Qualifications and Nominating Procedures; and
2414          (ii) run in the regular general election if:

2415          (A) nominated as a party candidate; or
2416          (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate
2417     Qualifications and Nominating Procedures.
2418          (c) If a vacancy described in Subsection (3)(a) occurs after the deadline described in
2419     Subsection 20A-9-202(1)(b) and before August 31, of an even-numbered year in which the
2420     term of office does not expire, a party liaison from each registered political party may submit a
2421     name of a person described in Subsection (4)(b) to the [lieutenant governor] director before 5
2422     p.m. no later than August 30 for placement on the regular general election ballot.
2423          (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an
2424     even-numbered year in which a term does not expire, the governor shall fill the vacancy for the
2425     unexpired term by immediately appointing the person whose name was submitted by the party
2426     liaison of the same political party as the prior senator.
2427          Section 38. Section 20A-1-510 is amended to read:
2428          20A-1-510. Midterm vacancies in municipal offices.
2429          (1) (a) As used in this section:
2430          (i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
2431     in Section 20A-1-102.
2432          (ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
2433          (b) Except as otherwise provided in this section, if any vacancy occurs in the office of
2434     municipal executive or member of a municipal legislative body, the municipal legislative body
2435     shall, within 30 calendar days after the day on which the vacancy occurs, appoint a registered
2436     voter in the municipality who meets the qualifications for office described in Section 10-3-301
2437     to fill the unexpired term of the vacated office.
2438          (c) Before acting to fill the vacancy, the municipal legislative body shall:
2439          (i) give public notice of the vacancy at least 14 calendar days before the day on which
2440     the municipal legislative body meets to fill the vacancy;
2441          (ii) identify, in the notice:
2442          (A) the date, time, and place of the meeting where the vacancy will be filled;
2443          (B) the person to whom an individual interested in being appointed to fill the vacancy
2444     may submit the interested individual's name for consideration; and
2445          (C) the deadline for submitting an interested individual's name; and

2446          (iii) in an open meeting, interview each individual whose name is submitted for
2447     consideration, and who meets the qualifications for office, regarding the individual's
2448     qualifications.
2449          (d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
2450     among the names of the candidates interviewed under Subsection (1)(c)(iii).
2451          (ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
2452     initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
2453     the initial vote, as determined by the tie-breaking procedures described in Subsections
2454     (1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
2455     a second vote to fill the vacancy.
2456          (B) If the initial vote results in a tie for second place, the candidates tied for second
2457     place shall be reduced to one by a coin toss conducted in accordance with Subsection
2458     (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the
2459     candidate that received the most votes in the initial vote and the candidate that wins the coin
2460     toss described in this Subsection (1)(d)(ii)(B).
2461          (C) If the initial vote results in a tie among three or more candidates for first place, the
2462     candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
2463     with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
2464     be between the two candidates that remain after the coin toss described in this Subsection
2465     (1)(d)(ii)(C).
2466          (D) A coin toss required under this Subsection (1)(d) shall be conducted by the
2467     municipal clerk or recorder in the presence of the municipal legislative body.
2468          (iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
2469     receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
2470     coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
2471          (e) If the municipal legislative body does not timely comply with Subsections (1)(b)
2472     through (d), the municipal clerk or recorder shall immediately notify the [lieutenant governor]
2473     director.
2474          (f) After receiving notice that a municipal legislative body has failed to timely comply
2475     with Subsections (1)(b) through (d), the [lieutenant governor] director shall:
2476          (i) notify the municipal legislative body of the violation; and

2477          (ii) direct the municipal legislative body to, within 30 calendar days after the day on
2478     which the [lieutenant governor] director provides the notice described in this Subsection (1)(f),
2479     appoint an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
2480          (g) If the municipality fails to timely comply with a directive described in Subsection
2481     (1)(f):
2482          (i) the [lieutenant governor] director shall notify the governor of the municipality's
2483     failure to fill the vacancy; and
2484          (ii) the governor shall, within 45 days after the day on which the governor receives the
2485     notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
2486     vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
2487          (2) (a) A vacancy in the office of municipal executive or member of a municipal
2488     legislative body shall be filled by an interim appointment, followed by an election to fill a
2489     two-year term, if:
2490          (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
2491     at least 14 days before the deadline for filing for election in an odd-numbered year; and
2492          (ii) two years of the vacated term will remain after the first Monday of January
2493     following the next municipal election.
2494          (b) In appointing an interim replacement, the municipal legislative body shall:
2495          (i) comply with the notice requirements of this section; and
2496          (ii) in an open meeting, interview each individual whose name is submitted for
2497     consideration, and who meets the qualifications for office, regarding the individual's
2498     qualifications.
2499          (3) (a) In a municipality operating under the council-mayor form of government, as
2500     defined in Section 10-3b-102:
2501          (i) the council may appoint an individual to fill a vacancy in the office of mayor before
2502     the effective date of the mayor's resignation by making the effective date of the appointment
2503     the same as the effective date of the mayor's resignation; and
2504          (ii) if a vacancy in the office of mayor occurs before the effective date of an
2505     appointment under Subsection (1) or (2) to fill the vacancy, the remaining council members, by
2506     majority vote, shall appoint a council member to serve as acting mayor during the time between
2507     the creation of the vacancy and the effective date of the appointment to fill the vacancy.

2508          (b) A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
2509          (i) act as a council member; and
2510          (ii) vote at council meetings.
2511          (4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
2512     this section, the municipal legislative body member whose resignation creates the vacancy on
2513     the municipal legislative body may:
2514          (A) interview an individual whose name is submitted for consideration under
2515     Subsection (1)(c)(iii) or (2)(b)(ii); and
2516          (B) vote on the appointment of an individual to fill the vacancy.
2517          (ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
2518     removed from office in accordance with state law may not cast a vote under Subsection
2519     (4)(a)(i).
2520          (b) A member of a municipal legislative body who submits his or her resignation to the
2521     municipal legislative body may not rescind the resignation.
2522          (c) A member of a municipal legislative body may not vote on an appointment under
2523     this section for himself or herself to fill a vacancy in the municipal legislative body.
2524          (5) In a municipality operating under the six-member council form of government or
2525     the council-manager form of government, defined in Subsection 10-3b-103(7), if the voting
2526     members of the city council reach a tie vote on a matter of filling a vacancy, the mayor may
2527     vote to break the tie.
2528          (6) In a municipality operating under the council-mayor form of government, the
2529     mayor may not:
2530          (a) participate in the vote to fill a vacancy;
2531          (b) veto a decision of the council to fill a vacancy; or
2532          (c) vote in the case of a tie.
2533          (7) A mayor whose resignation from the municipal legislative body is due to election
2534     or appointment as mayor may, in the case of a tie, participate in the vote under this section.
2535          (8) A municipal legislative body may, consistent with the provisions of state law, adopt
2536     procedures governing the appointment, interview, and voting process for filling vacancies in
2537     municipal offices.
2538          Section 39. Section 20A-1-603 is amended to read:

2539          20A-1-603. Fraud, interference, disturbance -- Tampering with ballots or records
2540     -- Penalties.
2541          (1) (a) An individual may not fraudulently vote on the individual's behalf or on behalf
2542     of another, by:
2543          (i) voting more than once at any one election, regardless of whether one of the
2544     elections is in a state or territory of the United States outside of Utah;
2545          (ii) knowingly handing in two or more ballots folded together;
2546          (iii) changing any ballot after the ballot is cast or deposited in the ballot box, or ballot
2547     drop box, or mailed;
2548          (iv) adding or attempting to add any ballot or vote to those legally polled at any
2549     election by fraudulently introducing the ballot or vote into the ballot box or vote tally, either
2550     before or after the ballots have been counted;
2551          (v) adding to or mixing or attempting to add or mix, other ballots with the ballots
2552     lawfully polled while those ballots are being counted or canvassed, or at any other time; or
2553          (vi) voting in a voting district or precinct when the individual knew or should have
2554     known that the individual was not eligible for voter registration in that district or precinct,
2555     unless the individual is legally entitled to vote the ballot under Section 20A-4-107 or another
2556     provision of this title.
2557          (b) A person may not fraudulently interfere with an election by:
2558          (i) willfully tampering with, detaining, mutilating, or destroying any election returns;
2559          (ii) in any manner, interfering with the officers holding an election or conducting a
2560     canvass, or with the voters lawfully exercising their rights of voting at an election, so as to
2561     prevent the election or canvass from being fairly held or lawfully conducted;
2562          (iii) engaging in riotous conduct at any election, or interfering in any manner with any
2563     election official in the discharge of the election official's duties;
2564          (iv) inducing any election officer, or officer whose duty it is to ascertain, announce, or
2565     declare the result of any election or to give or make any certificate, document, or evidence in
2566     relation to any election, to violate or refuse to comply with the election officer's duty or any law
2567     regulating the election officer's duty;
2568          (v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or
2569     other thing from a polling place, or from the possession of the person authorized by law to have

2570     the custody of that thing;
2571          (vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or the
2572     contents of a ballot drop box; or
2573          (vii) aiding, counseling, providing, procuring, advising, or assisting any person to do
2574     any of the acts described in this section.
2575          (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3):
2576          (a) a person who commits an offense under Subsection (1)(b)(vi), or who aids,
2577     counsels, provides, procures, advises, or assists a person to commit an offense under
2578     Subsection (1)(b)(vi), is guilty of a third degree felony; and
2579          (b) a person who commits an offense under Subsection (1), other than an offense
2580     described in Subsection (2)(a), is guilty of a class A misdemeanor.
2581          (3) The [lieutenant governor] director shall take, and store for at least 22 months, a
2582     static copy of the official register made at the following times:
2583          (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
2584          (b) the day of the election; and
2585          (c) the last day of the canvass.
2586          Section 40. Section 20A-1-802 is amended to read:
2587          20A-1-802. Definitions.
2588          As used in this part:
2589          (1) "Bad faith" means that a person files a petition described in Subsection
2590     20A-1-803(1):
2591          (a) under circumstances where a reasonable person would not believe that the
2592     allegations are true; or
2593          (b) (i) within 60 days before an election that the candidate to which the petition relates
2594     will appear on the ballot; and
2595          (ii) under circumstances where a reasonable person would not believe that the
2596     allegations constitute a significant violation of a provision of this title.
2597          (2) "Defendant" means each person against whom an allegation is made in the verified
2598     petition described in Subsection 20A-1-803(1).
2599          (3) "Receiving official" means:
2600          (a) the [lieutenant governor] director, unless the verified petition described in Section

2601     20A-1-803 alleges a violation by the [governor, the lieutenant governor,] director or an
2602     employee of the [lieutenant governor's] office; or
2603          (b) the attorney general, if the verified petition described in Section 20A-1-803 alleges
2604     a violation by the [governor, the lieutenant governor,] director or an employee of the
2605     [lieutenant governor's] office.
2606          (4) "Reviewing official" means:
2607          (a) except as provided in Subsection (4)(b), the receiving official; or
2608          (b) the reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving
2609     official appoints another individual as the reviewing official under Subsection
2610     20A-1-803(3)(a).
2611          (5) "Significant violation" means:
2612          (a) a violation that, if known by voters before the election, may have resulted in a
2613     candidate, other than the candidate certified as having won the election, winning the election;
2614     or
2615          (b) a violation that, had the violation not occurred, may have resulted in a candidate,
2616     other than the candidate certified as having won the election, winning the election.
2617          Section 41. Section 20A-1-1001 is amended to read:
2618          20A-1-1001. Definitions.
2619          As used in this part:
2620          (1) (a) "Clerk" means the [lieutenant governor] director, a county clerk, municipal
2621     clerk, town clerk, city recorder, or municipal recorder.
2622          (b) "Clerk" includes a board of trustees under Title 17B, Chapter 1, Provisions
2623     Applicable to All Special Districts.
2624          (2) "Local petition" means:
2625          (a) a manual or electronic local initiative petition described in Chapter 7, Part 5, Local
2626     Initiatives - Procedures; or
2627          (b) a manual or electronic local referendum petition described in Chapter 7, Part 6,
2628     Local Referenda - Procedures.
2629          (3) "Petition" means one of the following written requests, signed by registered voters,
2630     appealing to an authority with respect to a particular cause:
2631          (a) a local petition;

2632          (b) a petition to consolidate two or more municipalities under Section 10-2-601;
2633          (c) a petition for disincorporation of a municipality under Section 10-2-701;
2634          (d) a petition to incorporate a proposed municipality under Section 10-2a-208;
2635          (e) a petition to consolidate adjoining counties under Section 17-2-103;
2636          (f) a petition to annex a portion of a county to an adjoining county under Section
2637     17-2-203;
2638          (g) a petition for the creation of a new county under Section 17-3-1;
2639          (h) a petition for the removal of a county seat under Section 17-11-2;
2640          (i) a petition for the adoption of an optional plan under Section 17-52a-303;
2641          (j) a petition for the repeal of an optional plan under Section 17-52a-505;
2642          (k) a petition to create a special district under Section 17B-1-203;
2643          (l) a petition to withdraw an area from a special district under Section 17B-1-504;
2644          (m) a petition to dissolve a special district under Section 17B-1-1303;
2645          (n) a petition for issuance of local building authority bonds under Section 17D-2-502;
2646          (o) a petition to become a registered political party under Section 20A-8-103;
2647          (p) a nomination petition for municipal office under Section 20A-9-203;
2648          (q) a nomination petition for a regular primary election under Subsection
2649     20A-9-403(3)(a) and Section 20A-9-405;
2650          (r) a petition for a political party to qualify as a municipal political party under Section
2651     20A-9-404;
2652          (s) a petition for the nomination of a qualified political party under Section 20A-9-408;
2653          (t) a nomination petition for a candidate not affiliated with a political party under
2654     Section 20A-9-502;
2655          (u) a nomination petition to become a delegate to a ratification convention under
2656     Section 20A-15-103;
2657          (v) a petition to create a new school district under Section 53G-3-301;
2658          (w) a petition to consolidate school districts under Section 53G-3-401;
2659          (x) a petition to transfer a portion of a school district to another district under Section
2660     53G-3-501;
2661          (y) a petition to determine whether a privatization project agreement should be
2662     approved under Section 73-10d-4; or

2663          (z) a statewide petition.
2664          (4) "Statewide petition" means:
2665          (a) a manual or electronic statewide initiative petition described in Chapter 7, Part 2,
2666     Statewide Initiatives; or
2667          (b) a manual or electronic statewide referendum petition described in Chapter 7, Part 3,
2668     Statewide Referenda.
2669          (5) (a) "Substantially similar name" means:
2670          (i) the given name, the surname, or both, provided by the individual with the
2671     individual's petition signature, contain only minor spelling differences when compared to the
2672     given name and surname shown on the official register;
2673          (ii) the surname provided by the individual with the individual's petition signature
2674     exactly matches the surname shown on the official register, and the given names differ only
2675     because one of the given names shown is a commonly used abbreviation or variation of the
2676     other;
2677          (iii) the surname provided by the individual with the individual's petition signature
2678     exactly matches the surname shown on the official register, and the given names differ only
2679     because one of the given names shown is accompanied by a first or middle initial or a middle
2680     name which is not shown on the other record; or
2681          (iv) the surname provided by the individual with the individual's petition signature
2682     exactly matches the surname shown on the official register, and the given names differ only
2683     because one of the given names shown is an alphabetically corresponding initial that has been
2684     provided in the place of a given name shown on the other record.
2685          (b) "Substantially similar name" does not include a name having an initial or a middle
2686     name provided by the individual with the individual's petition signature that does not match a
2687     different initial or middle name shown on the official register.
2688          Section 42. Section 20A-2-101.1 is amended to read:
2689          20A-2-101.1. Preregistering to vote.
2690          (1) An individual may preregister to vote if the individual:
2691          (a) is 16 or 17 years [of age] old;
2692          (b) is not eligible to register to vote because the individual does not comply with the
2693     age requirements described in Subsection 20A-2-101(1)(c);

2694          (c) is a citizen of the United States;
2695          (d) has been a resident of Utah for at least 30 days; and
2696          (e) currently resides within the voting district or precinct in which the individual
2697     preregisters to vote.
2698          (2) An individual described in Subsection (1) may not vote in an election and is not
2699     registered to vote until:
2700          (a) the individual is otherwise eligible to register to vote because the individual
2701     complies with the age requirements described in Subsection 20A-2-101(1)(c); and
2702          (b) the county clerk registers the individual to vote under Subsection (4).
2703          (3) An individual who preregisters to vote shall:
2704          (a) complete a voter registration form, including an indication that the individual is
2705     preregistering to vote; and
2706          (b) submit the voter registration form to a county clerk in person, by mail, or in any
2707     other manner authorized by this chapter for the submission of a voter registration form.
2708          (4) (a) A county clerk shall:
2709          (i) retain the voter registration form of an individual who meets the qualifications for
2710     preregistration and who submits a completed voter registration form to the county clerk under
2711     Subsection (3)(b);
2712          (ii) register the individual to vote in the next election in which the individual will be
2713     eligible to vote, before the voter registration deadline established in Section 20A-2-102.5 for
2714     that election; and
2715          (iii) send a notice to the individual that:
2716          (A) informs the individual that the individual's voter registration form has been
2717     accepted as an application for preregistration;
2718          (B) informs the individual that the individual will be registered to vote in the next
2719     election in which the individual will be eligible to vote; and
2720          (C) indicates in which election the individual will be registered to vote.
2721          (b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
2722     considered to have applied for voter registration on the earlier of:
2723          (i) the day of the voter registration deadline immediately preceding the election day on
2724     which the individual will be at least 18 years [of age] old; or

2725          (ii) the day on which the individual turns 18 years [of age] old.
2726          (c) A county clerk shall refer a voter registration form to the county attorney for
2727     investigation and possible prosecution if the clerk or the clerk's designee believes the
2728     individual is attempting to preregister to vote in an election in which the individual will not be
2729     legally entitled to vote.
2730          (5) (a) The [lieutenant governor] director or a county clerk shall classify the voter
2731     registration record of an individual who preregisters to vote as a private record until the day on
2732     which the individual turns 18 years [of age] old.
2733          (b) On the day on which the individual described in Subsection (5)(a) turns 18 years [of
2734     age, the] [lieutenant governor] old, the director or county clerk shall classify the individual's
2735     voter registration record as a public record in accordance with Subsection 63G-2-301(2)(l).
2736          (6) If an individual who is at least 18 years [of age] old erroneously indicates on the
2737     voter registration form that the individual is preregistering to vote, the county clerk shall
2738     consider the form as a voter registration form and shall process the form in accordance with
2739     this chapter.
2740          Section 43. Section 20A-2-102.5 is amended to read:
2741          20A-2-102.5. Voter registration deadline.
2742          (1) Except as otherwise provided in Chapter 16, Uniform Military and Overseas Voters
2743     Act, an individual who fails to timely submit a correctly completed voter registration form may
2744     not vote in the election.
2745          (2) The voter registration deadline is as follows:
2746          (a) the voter registration must be received by the county clerk, the municipal clerk, or
2747     the [lieutenant governor] director no later than 5 p.m. 11 calendar days before the date of the
2748     election, if the individual registers to vote:
2749          (i) at the office of the county clerk, in accordance with Section 20A-2-201;
2750          (ii) by mail, in accordance with Section 20A-2-202;
2751          (iii) via an application for a driver license, in accordance with Section 20A-2-204;
2752          (iv) via a public assistance agency or a discretionary voter registration agency, in
2753     accordance with Section 20A-2-205; or
2754          (v) via electronic registration, in accordance with Section 20A-2-206;
2755          (b) before the polls close on the last day of early voting, described in Section

2756     20A-3a-601, if the individual registers by casting a provisional ballot at an early voting
2757     location in accordance with Section 20A-2-207; or
2758          (c) before polls close on the date of the election, if the individual registers to vote on
2759     the date of the election by casting a provisional ballot, in accordance with Section 20A-2-207.
2760          Section 44. Section 20A-2-104 is amended to read:
2761          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
2762          (1) As used in this section:
2763          (a) "Candidate for public office" means an individual:
2764          (i) who files a declaration of candidacy for a public office;
2765          (ii) who files a notice of intent to gather signatures under Section 20A-9-408; or
2766          (iii) employed by, under contract with, or a volunteer of, an individual described in
2767     Subsection (1)(a)(i) or (ii) for political campaign purposes.
2768          (b) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
2769     the federal Violence Against Women Act of 1994, as amended.
2770          (c) "Domestic violence" means the same as that term is defined in Section 77-36-1 and
2771     the federal Violence Against Women Act of 1994, as amended.
2772          (d) "Hash Code" means a code generated by applying an algorithm to a set of data to
2773     produce a code that:
2774          (i) uniquely represents the set of data;
2775          (ii) is always the same if the same algorithm is applied to the same set of data; and
2776          (iii) cannot be reversed to reveal the data applied to the algorithm.
2777          (e) "Protected individual" means an individual:
2778          (i) who submits a withholding request form with the individual's voter registration
2779     record, or to the [lieutenant governor] director or a county clerk, if the individual indicates on
2780     the form that the individual, or an individual who resides with the individual, is a victim of
2781     domestic violence or dating violence or is likely to be a victim of domestic violence or dating
2782     violence;
2783          (ii) who submits a withholding request form with the individual's voter registration
2784     record, or to the [lieutenant governor] director or a county clerk, if the individual indicates on
2785     the form and provides verification that the individual, or an individual who resides with the
2786     individual, is a law enforcement officer, a member of the armed forces as defined in Section

2787     20A-1-513, a public figure, or protected by a protective order or protection order; or
2788          (iii) whose voter registration record was classified as a private record at the request of
2789     the individual before May 12, 2020.
2790          (2) (a) An individual applying for voter registration, or an individual preregistering to
2791     vote, shall complete a voter registration form in substantially the following form:
2792     -----------------------------------------------------------------------------------------------------------------
2793          
UTAH ELECTION REGISTRATION FORM

2794          Are you a citizen of the United States of America?               Yes     No
2795          If you checked "no" to the above question, do not complete this form.
2796          Will you be 18 years of age on or before election day?          Yes     No
2797          If you checked "no" to the above question, are you 16 or 17 years of age and
2798     preregistering to vote?                                             
2799                                                       Yes     No
2800          If you checked "no" to both of the prior two questions, do not complete this form.
2801          Name of Voter
2802     _________________________________________________________________
2803               First                Middle            Last
2804          Utah Driver License or Utah Identification Card
2805     Number____________________________
2806          Date of Birth ______________________________________________________
2807          Street Address of Principal Place of Residence
     
2808     ____________________________________________________________________________
2809          City            County            State            Zip Code
2810          Telephone Number (optional) _________________________
2811          Email Address (optional) _____________________________________________
2812          Last four digits of Social Security Number ______________________
2813          Last former address at which I was registered to vote (if
2814     known)__________________________
     
2815     ____________________________________________________________________________

2816          City               County               State           Zip Code
2817          Political Party
2818          (a listing of each registered political party, as defined in Section 20A-8-101 and
2819     maintained by the [lieutenant governor] director under Section [67-1a-2] 63A-19-202, with
2820     each party's name preceded by a checkbox)
2821          ◻Unaffiliated (no political party preference) ◻Other (Please
2822     specify)___________________
2823          I do swear (or affirm), subject to penalty of law for false statements, that the
2824     information contained in this form is true, and that I am a citizen of the United States and a
2825     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
2826     am preregistering to vote in a later election, I will be at least 18 years of age and will have
2827     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
2828     currently incarcerated for commission of a felony.
2829          Signed and sworn
2830          __________________________________________________________
2831                              Voter's Signature
2832          _______________(month/day/year).
2833          
PRIVACY INFORMATION

2834          Voter registration records contain some information that is available to the public, such
2835     as your name and address, some information that is available only to government entities, and
2836     some information that is available only to certain third parties in accordance with the
2837     requirements of law.
2838          Your driver license number, identification card number, social security number, email
2839     address, full date of birth, and phone number are available only to government entities. Your
2840     year of birth is available to political parties, candidates for public office, certain third parties,
2841     and their contractors, employees, and volunteers, in accordance with the requirements of law.
2842          You may request that all information on your voter registration records be withheld
2843     from all persons other than government entities, political parties, candidates for public office,
2844     and their contractors, employees, and volunteers, by indicating here:
2845          _____ Yes, I request that all information on my voter registration records be withheld
2846     from all persons other than government entities, political parties, candidates for public office,

2847     and their contractors, employees, and volunteers.
2848          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
2849          In addition to the protections provided above, you may request that identifying
2850     information on your voter registration records be withheld from all political parties, candidates
2851     for public office, and their contractors, employees, and volunteers, by submitting a withholding
2852     request form, and any required verification, as described in the following paragraphs.
2853          A person may request that identifying information on the person's voter registration
2854     records be withheld from all political parties, candidates for public office, and their contractors,
2855     employees, and volunteers, by submitting a withholding request form with this registration
2856     record, or to the [lieutenant governor] director or a county clerk, if the person is or is likely to
2857     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
2858     violence.
2859          A person may request that identifying information on the person's voter registration
2860     records be withheld from all political parties, candidates for public office, and their contractors,
2861     employees, and volunteers, by submitting a withholding request form and any required
2862     verification with this registration form, or to the lieutenant governor or a county clerk, if the
2863     person is, or resides with a person who is, a law enforcement officer, a member of the armed
2864     forces, a public figure, or protected by a protective order or a protection order.
2865          
CITIZENSHIP AFFIDAVIT

2866          Name:
2867          Name at birth, if different:
2868          Place of birth:
2869          Date of birth:
2870          Date and place of naturalization (if applicable):
2871          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
2872     citizen and that to the best of my knowledge and belief the information above is true and
2873     correct.
2874          ____________________________
2875          Signature of Applicant
2876          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
2877     allowing yourself to be registered or preregistered to vote if you know you are not entitled to

2878     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
2879          NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT
2880     VALID VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH
2881     MUST BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME
2882     AND PHOTOGRAPH; OR
2883          TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME
2884     AND CURRENT ADDRESS.
2885          FOR OFFICIAL USE ONLY
2886                                   Type of I.D. ____________________________
2887                                   Voting Precinct _________________________
2888                                   Voting I.D. Number _____________________
2889     ------------------------------------------------------------------------------------------------------------------
2890          (b) The voter registration form described in Subsection (2)(a) shall include a section in
2891     substantially the following form:
2892     ------------------------------------------------------------------------------------------------------------------
2893          
BALLOT NOTIFICATIONS

2894          If you have provided a phone number or email address, you can receive notifications by
2895     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
2896     deposit in the mail or in a ballot drop box, by indicating here:
2897          ______ Yes, I would like to receive electronic notifications regarding the status of my
2898     ballot.
2899     ------------------------------------------------------------------------------------------------------------------
2900          (c) (i) Except as provided under Subsection (2)(c)(ii), the county clerk shall retain a
2901     copy of each voter registration form in a permanent countywide alphabetical file, which may be
2902     electronic or some other recognized system.
2903          (ii) The county clerk may transfer a superseded voter registration form to the Division
2904     of Archives and Records Service created under Section 63A-12-101.
2905          (3) (a) Each county clerk shall retain lists of currently registered voters.
2906          (b) The [lieutenant governor] director shall maintain a list of registered voters in
2907     electronic form.
2908          (c) If there are any discrepancies between the two lists, the county clerk's list is the

2909     official list.
2910          (d) The [lieutenant governor] director and the county clerks may charge the fees
2911     established under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain
2912     a copy of the list of registered voters.
2913          (4) (a) As used in this Subsection (4), "qualified person" means:
2914          (i) a government official or government employee acting in the government official's or
2915     government employee's capacity as a government official or a government employee;
2916          (ii) a health care provider, as defined in Section 26B-8-501, or an agent, employee, or
2917     independent contractor of a health care provider;
2918          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
2919     independent contractor of an insurance company;
2920          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
2921     independent contractor of a financial institution;
2922          (v) a political party, or an agent, employee, or independent contractor of a political
2923     party;
2924          (vi) a candidate for public office, or an employee, independent contractor, or volunteer
2925     of a candidate for public office;
2926          (vii) a person described in Subsections (4)(a)(i) through (vi) who, after obtaining a year
2927     of birth from the list of registered voters:
2928          (A) provides the year of birth only to a person described in Subsections (4)(a)(i)
2929     through (vii);
2930          (B) verifies that the person described in Subsection (4)(a)(vii)(A) is a person described
2931     in Subsections (4)(a)(i) through (vii);
2932          (C) ensures, using industry standard security measures, that the year of birth may not
2933     be accessed by a person other than a person described in Subsections (4)(a)(i) through (vii);
2934          (D) verifies that each person described in Subsections (4)(a)(ii) through (iv) to whom
2935     the person provides the year of birth will only use the year of birth to verify the accuracy of
2936     personal information submitted by an individual or to confirm the identity of a person in order
2937     to prevent fraud, waste, or abuse;
2938          (E) verifies that each person described in Subsection (4)(a)(i) to whom the person
2939     provides the year of birth will only use the year of birth in the person's capacity as a

2940     government official or government employee; and
2941          (F) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
2942     person provides the year of birth will only use the year of birth for a political purpose of the
2943     political party or candidate for public office; or
2944          (viii) a person described in Subsection (4)(a)(v) or (vi) who, after obtaining
2945     information under Subsection (4)(n) and (o):
2946          (A) provides the information only to another person described in Subsection (4)(a)(v)
2947     or (vi);
2948          (B) verifies that the other person described in Subsection (4)(a)(viii)(A) is a person
2949     described in Subsection (4)(a)(v) or (vi);
2950          (C) ensures, using industry standard security measures, that the information may not be
2951     accessed by a person other than a person described in Subsection (4)(a)(v) or (vi); and
2952          (D) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
2953     person provides the information will only use the information for a political purpose of the
2954     political party or candidate for public office.
2955          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
2956     Subsection 63G-2-302(1)(k) or (l), the [lieutenant governor] director or a county clerk shall,
2957     when providing the list of registered voters to a qualified person under this section, include,
2958     with the list, the years of birth of the registered voters, if:
2959          (i) the [lieutenant governor] director or a county clerk verifies the identity of the person
2960     and that the person is a qualified person; and
2961          (ii) the qualified person signs a document that includes the following:
2962          (A) the name, address, and telephone number of the person requesting the list of
2963     registered voters;
2964          (B) an indication of the type of qualified person that the person requesting the list
2965     claims to be;
2966          (C) a statement regarding the purpose for which the person desires to obtain the years
2967     of birth;
2968          (D) a list of the purposes for which the qualified person may use the year of birth of a
2969     registered voter that is obtained from the list of registered voters;
2970          (E) a statement that the year of birth of a registered voter that is obtained from the list

2971     of registered voters may not be provided or used for a purpose other than a purpose described
2972     under Subsection (4)(b)(ii)(D);
2973          (F) a statement that if the person obtains the year of birth of a registered voter from the
2974     list of registered voters under false pretenses, or provides or uses the year of birth of a
2975     registered voter that is obtained from the list of registered voters in a manner that is prohibited
2976     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
2977          (G) an assertion from the person that the person will not provide or use the year of
2978     birth of a registered voter that is obtained from the list of registered voters in a manner that is
2979     prohibited by law; and
2980          (H) notice that if the person makes a false statement in the document, the person is
2981     punishable by law under Section 76-8-504.
2982          (c) The [lieutenant governor] director or a county clerk:
2983          (i) may not disclose the year of birth of a registered voter to a person that the
2984     [lieutenant governor] director or county clerk reasonably believes:
2985          (A) is not a qualified person or a person described in Subsection (4)(l); or
2986          (B) will provide or use the year of birth in a manner prohibited by law; and
2987          (ii) may not disclose information under Subsections (4)(n) or (o) to a person that the
2988     [lieutenant governor] director or county clerk reasonably believes:
2989          (A) is not a person described in Subsection (4)(a)(v) or (vi); or
2990          (B) will provide or use the information in a manner prohibited by law.
2991          (d) The [lieutenant governor] director or a county clerk may not disclose the voter
2992     registration form of a person, or information included in the person's voter registration form,
2993     whose voter registration form is classified as private under Subsection (4)(h) to a person other
2994     than:
2995          (i) a government official or government employee acting in the government official's or
2996     government employee's capacity as a government official or government employee; or
2997          (ii) subject to Subsection (4)(e), a person described in Subsection (4)(a)(v) or (vi) for a
2998     political purpose.
2999          (e) (i) Except as provided in Subsection (4)(e)(ii), when disclosing a record or
3000     information under Subsection (4)(d)(ii), the [lieutenant governor] director or county clerk shall
3001     exclude the information described in Subsection 63G-2-302(1)(j), other than the year of birth.

3002          (ii) If disclosing a record or information under Subsection (4)(d)(ii) in relation to the
3003     voter registration record of a protected individual, the [lieutenant governor] director or county
3004     clerk shall comply with Subsections (4)(n) through (p).
3005          (f) The [lieutenant governor] director or a county clerk may not disclose a withholding
3006     request form, described in Subsections (7) and (8), submitted by an individual, or information
3007     obtained from that form, to a person other than a government official or government employee
3008     acting in the government official's or government employee's capacity as a government official
3009     or government employee.
3010          (g) A person is guilty of a class A misdemeanor if the person:
3011          (i) obtains from the list of registered voters, under false pretenses, the year of birth of a
3012     registered voter or information described in Subsection (4)(n) or (o);
3013          (ii) uses or provides the year of birth of a registered voter, or information described in
3014     Subsection (4)(n) or (o), that is obtained from the list of registered voters in a manner that is
3015     not permitted by law;
3016          (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
3017     false pretenses;
3018          (iv) uses or provides information obtained from a voter registration record described in
3019     Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
3020          (v) unlawfully discloses or obtains a voter registration record withheld under
3021     Subsection (7) or a withholding request form described in Subsections (7) and (8); or
3022          (vi) unlawfully discloses or obtains information from a voter registration record
3023     withheld under Subsection (7) or a withholding request form described in Subsections (7) and
3024     (8).
3025          (h) The [lieutenant governor] director or a county clerk shall classify the voter
3026     registration record of a voter as a private record if the voter:
3027          (i) submits a written application, created by the [lieutenant governor] director,
3028     requesting that the voter's voter registration record be classified as private;
3029          (ii) requests on the voter's voter registration form that the voter's voter registration
3030     record be classified as a private record; or
3031          (iii) submits a withholding request form described in Subsection (7) and any required
3032     verification.

3033          (i) Except as provided in Subsections (4)(d)(ii) and (e)(ii), the [lieutenant governor]
3034     director or a county clerk may not disclose to a person described in Subsection (4)(a)(v) or (vi)
3035     a voter registration record, or information obtained from a voter registration record, if the
3036     record is withheld under Subsection (7).
3037          (j) In addition to any criminal penalty that may be imposed under this section, the
3038     [lieutenant governor] director may impose a civil fine against a person who violates a provision
3039     of this section, in an amount equal to the greater of:
3040          (i) the product of 30 and the square root of the total number of:
3041          (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
3042     dollar; or
3043          (B) records from which information is obtained, provided, or used unlawfully, rounded
3044     to the nearest whole dollar; or
3045          (ii) $200.
3046          (k) A qualified person may not obtain, provide, or use the year of birth of a registered
3047     voter, if the year of birth is obtained from the list of registered voters or from a voter
3048     registration record, unless the person:
3049          (i) is a government official or government employee who obtains, provides, or uses the
3050     year of birth in the government official's or government employee's capacity as a government
3051     official or government employee;
3052          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
3053     uses the year of birth only to verify the accuracy of personal information submitted by an
3054     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
3055          (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
3056     provides, or uses the year of birth for a political purpose of the political party or candidate for
3057     public office; or
3058          (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
3059     uses the year of birth to provide the year of birth to another qualified person to verify the
3060     accuracy of personal information submitted by an individual or to confirm the identity of a
3061     person in order to prevent fraud, waste, or abuse.
3062          (l) The [lieutenant governor] director or a county clerk may provide a year of birth to a
3063     member of the media, in relation to an individual designated by the member of the media, in

3064     order for the member of the media to verify the identity of the individual.
3065          (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
3066     information from a voter registration record for a purpose other than a political purpose.
3067          (n) Notwithstanding Subsection 63G-2-302(1)(k) or (l), the [lieutenant governor]
3068     director or a county clerk shall, when providing the list of registered voters to a qualified
3069     person described in Subsection (4)(a)(v) or (vi), include, from the record of a voter whose
3070     record is withheld under Subsection (7), the information described in Subsection (4)(o), if:
3071          (i) the [lieutenant governor] director or a county clerk verifies the identity of the person
3072     and that the person is a qualified person described in Subsection (4)(a)(v) or (vi); and
3073          (ii) the qualified person described in Subsection (4)(a)(v) or (vi) signs a document that
3074     includes the following:
3075          (A) the name, address, and telephone number of the person requesting the list of
3076     registered voters;
3077          (B) an indication of the type of qualified person that the person requesting the list
3078     claims to be;
3079          (C) a statement regarding the purpose for which the person desires to obtain the
3080     information;
3081          (D) a list of the purposes for which the qualified person may use the information;
3082          (E) a statement that the information may not be provided or used for a purpose other
3083     than a purpose described under Subsection (4)(n)(ii)(D);
3084          (F) a statement that if the person obtains the information under false pretenses, or
3085     provides or uses the information in a manner that is prohibited by law, the person is guilty of a
3086     class A misdemeanor and is subject to a civil fine;
3087          (G) an assertion from the person that the person will not provide or use the information
3088     in a manner that is prohibited by law; and
3089          (H) notice that if the person makes a false statement in the document, the person is
3090     punishable by law under Section 76-8-504.
3091          (o) Except as provided in Subsection (4)(p), the information that the [lieutenant
3092     governor] director or a county clerk is required to provide, under Subsection (4)(n), from the
3093     record of a protected individual is:
3094          (i) a single hash code, generated from a string of data that includes both the voter's

3095     voter identification number and residential address;
3096          (ii) the voter's residential address;
3097          (iii) the voter's mailing address, if different from the voter's residential address;
3098          (iv) the party affiliation of the voter;
3099          (v) the precinct number for the voter's residential address;
3100          (vi) the voter's voting history; and
3101          (vii) a designation of which age group, of the following age groups, the voter falls
3102     within:
3103          (A) 25 or younger;
3104          (B) 26 through 35;
3105          (C) 36 through 45;
3106          (D) 46 through 55;
3107          (E) 56 through 65;
3108          (F) 66 through 75; or
3109          (G) 76 or older.
3110          (p) The [lieutenant governor] director or a county clerk may not disclose:
3111          (i) information described in Subsection (4)(o) that, due to a small number of voters
3112     affiliated with a particular political party, or due to another reason, would likely reveal the
3113     identity of a voter if disclosed; or
3114          (ii) the address described in Subsection (4)(o)(iii) if the [lieutenant governor] director
3115     or the county clerk determines that the nature of the address would directly reveal sensitive
3116     information about the voter.
3117          (q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain,
3118     provide, or use the information described in Subsection (4)(n) or (o), except to the extent that
3119     the qualified person uses the information for a political purpose of a political party or candidate
3120     for public office.
3121          (5) When political parties not listed on the voter registration form qualify as registered
3122     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
3123     [lieutenant governor] director shall inform the county clerks of the name of the new political
3124     party and direct the county clerks to ensure that the voter registration form is modified to
3125     include that political party.

3126          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
3127     clerk's designee shall:
3128          (a) review each voter registration form for completeness and accuracy; and
3129          (b) if the county clerk believes, based upon a review of the form, that an individual
3130     may be seeking to register or preregister to vote who is not legally entitled to register or
3131     preregister to vote, refer the form to the county attorney for investigation and possible
3132     prosecution.
3133          (7) The [lieutenant governor] director or a county clerk shall withhold from a person,
3134     other than a person described in Subsection (4)(a)(i), the voter registration record, and
3135     information obtained from the voter registration record, of a protected individual.
3136          (8) (a) The [lieutenant governor] director shall design and distribute the withholding
3137     request form described in Subsection (7) to each election officer and to each agency that
3138     provides a voter registration form.
3139          (b) An individual described in Subsection (1)(e)(i) is not required to provide
3140     verification, other than the individual's attestation and signature on the withholding request
3141     form, that the individual, or an individual who resides with the individual, is a victim of
3142     domestic violence or dating violence or is likely to be a victim of domestic violence or dating
3143     violence.
3144          (c) The [director of elections within the Office of the Lieutenant Governor] office shall
3145     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3146     establishing requirements for providing the verification described in Subsection (1)(e)(ii).
3147          (9) An election officer or an employee of an election officer may not encourage an
3148     individual to submit, or discourage an individual from submitting, a withholding request form.
3149          (10) (a) The [lieutenant governor] director shall make and execute a plan to provide
3150     notice to registered voters who are protected individuals, that includes the following
3151     information:
3152          (i) that the voter's classification of the record as private remains in effect;
3153          (ii) that certain non-identifying information from the voter's voter registration record
3154     may, under certain circumstances, be released to political parties and candidates for public
3155     office;
3156          (iii) that the voter's name, driver license or identification card number, social security

3157     number, email address, phone number, and the voter's day, month, and year of birth will remain
3158     private and will not be released to political parties or candidates for public office;
3159          (iv) that a county clerk will only release the information to political parties and
3160     candidates in a manner that does not associate the information with a particular voter; and
3161          (v) that a county clerk may, under certain circumstances, withhold other information
3162     that the county clerk determines would reveal identifying information about the voter.
3163          (b) The [lieutenant governor] director may include in the notice described in this
3164     Subsection (10) a statement that a voter may obtain additional information on the [lieutenant
3165     governor's] office's website.
3166          (c) The plan described in Subsection (10)(a) may include providing the notice
3167     described in Subsection (10)(a) by:
3168          (i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
3169          (ii) publication on the [lieutenant governor's] office's website or a county's website;
3170          (iii) posting the notice in public locations;
3171          (iv) publication in a newspaper;
3172          (v) sending notification to the voters by electronic means;
3173          (vi) sending notice by other methods used by government entities to communicate with
3174     citizens; or
3175          (vii) providing notice by any other method.
3176          (d) The [lieutenant governor] director shall provide the notice included in a plan
3177     described in this Subsection (10) before June 16, 2023.
3178          Section 45. Section 20A-2-107 is amended to read:
3179          20A-2-107. Designating or changing party affiliation -- Times permitted.
3180          (1) As used in this section, "change of affiliation deadline" means:
3181          (a) for an election held in an even-numbered year in which a presidential election will
3182     be held, the day after the declaration of candidacy deadline described in Subsection
3183     20A-9-201.5(2)(b); or
3184          (b) for an election held in an even-numbered year in which a presidential election will
3185     not be held, April 1.
3186          (2) The county clerk shall:
3187          (a) except as provided in Subsection (6) or 20A-2-107.5(3), record the party affiliation

3188     designated by the voter on the voter registration form as the voter's party affiliation; or
3189          (b) if no political party affiliation is designated by the voter on the voter registration
3190     form:
3191          (i) except as provided in Subsection (2)(b)(ii), record the voter's party affiliation as the
3192     party that the voter designated the last time that the voter designated a party on a voter
3193     registration form, unless the voter more recently registered as "unaffiliated"; or
3194          (ii) record the voter's party affiliation as "unaffiliated" if the voter:
3195          (A) did not previously designate a party;
3196          (B) most recently designated the voter's party affiliation as "unaffiliated"; or
3197          (C) did not previously register.
3198          (3) (a) Any registered voter may designate or change the voter's political party
3199     affiliation by complying with the procedures and requirements of this Subsection (3).
3200          (b) A registered voter may designate or change the voter's political party affiliation by
3201     filing with the county clerk, the municipal clerk, or the [lieutenant governor] director a voter
3202     registration form or another signed form that identifies the registered political party with which
3203     the voter chooses to affiliate.
3204          (c) Except as provided in Subsection (3)(d), a voter registration form or another signed
3205     form designating or changing a voter's political party affiliation takes effect when the county
3206     clerk receives the signed form.
3207          (d) The party affiliation of a voter who changes party affiliation, or who becomes
3208     unaffiliated from a political party, at any time on or after the change of affiliation deadline and
3209     on or before the date of the regular primary election, takes effect the day after the statewide
3210     canvass for the regular primary election.
3211          (4) For purposes of Subsection (3)(d), a form described in Subsection (3)(c) is received
3212     by the county clerk before the change of affiliation deadline if:
3213          (a) the individual submits the form in person at the county clerk's office no later than 5
3214     p.m. on the day before the change of affiliation deadline;
3215          (b) the individual submits the form electronically through the system described in
3216     Section 20A-2-206, at or before 11:59 p.m. before the day of the change of affiliation deadline;
3217     or
3218          (c) the individual's form is clearly postmarked before the change of affiliation deadline.

3219          (5) Subsection (3)(d) does not apply to the party affiliation designated by a voter on a
3220     voter registration form if:
3221          (a) the voter has not previously been registered to vote in the state; or
3222          (b) the voter's most recent party affiliation was changed to "unaffiliated" by a county
3223     clerk under Subsection (6).
3224          (6) If the most recent party affiliation designated by a voter is for a political party that
3225     is no longer a registered political party, the county clerk shall:
3226          (a) change the voter's party affiliation to "unaffiliated"; and
3227          (b) notify the voter electronically or by mail:
3228          (i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
3229     party affiliation designated by the voter is for a political party that is no longer a registered
3230     political party; and
3231          (ii) of the methods and deadlines for changing the voter's party affiliation.
3232          Section 46. Section 20A-2-108 is amended to read:
3233          20A-2-108. Driver license or state identification card registration form --
3234     Transmittal of information.
3235          (1) As used in this section, "qualifying form" means:
3236          (a) a driver license application form; or
3237          (b) a state identification card application form.
3238          (2) The [lieutenant governor] director and the Driver License Division shall design
3239     each qualifying form to include:
3240          (a) the following question, which an applicant is required to answer: "Do you authorize
3241     the use of information in this form for voter registration purposes? YES____ NO____";
3242          (b) the following statement:
3243          
"PRIVACY INFORMATION

3244          Voter registration records contain some information that is available to the public, such
3245     as your name and address, some information that is available only to government entities, and
3246     some information that is available only to certain third parties in accordance with the
3247     requirements of law.
3248          Your driver license number, identification card number, social security number, email
3249     address, full date of birth, and phone number are available only to government entities. Your

3250     year of birth is available to political parties, candidates for public office, certain third parties,
3251     and their contractors, employees, and volunteers, in accordance with the requirements of law.
3252          You may request that all information on your voter registration records be withheld
3253     from all persons other than government entities, political parties, candidates for public office,
3254     and their contractors, employees, and volunteers, by indicating here:
3255          _____ Yes, I request that all information on my voter registration records be withheld
3256     from all persons other than government entities, political parties, candidates for public office,
3257     and their contractors, employees, and volunteers.
3258          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
3259          In addition to the protections provided above, you may request that identifying
3260     information on your voter registration records be withheld from all political parties, candidates
3261     for public office, and their contractors, employees, and volunteers, by submitting a withholding
3262     request form, and any required verification, as described in the following paragraphs.
3263          A person may request that identifying information on the person's voter registration
3264     records be withheld from all political parties, candidates for public office, and their contractors,
3265     employees, and volunteers, by submitting a withholding request form with this registration
3266     record, or to the [lieutenant governor] director or a county clerk, if the person is or is likely to
3267     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
3268     violence.
3269          A person may request that identifying information on the person's voter registration
3270     records be withheld from all political parties, candidates for public office, and their contractors,
3271     employees, and volunteers, by submitting a withholding request form and any required
3272     verification with this registration form, or to the [lieutenant governor] director or a county
3273     clerk, if the person is, or resides with a person who is, a law enforcement officer, a member of
3274     the armed forces, a public figure, or protected by a protective order or a protection order."; and
3275          (c) a section in substantially the following form:
     
3276     ------------------------------------------------------------------------------------------------------------------
3277          
BALLOT NOTIFICATIONS

3278          If you have provided a phone number or email address, you can receive notifications by
3279     text message or email regarding the status of a ballot that is mailed to you or a ballot that you

3280     deposit in the mail or in a ballot drop box, by indicating here:
3281          ______ Yes, I would like to receive electronic notifications regarding the status of my
3282     ballot.
3283     ------------------------------------------------------------------------------------------------------------------
3284          (3) The [lieutenant governor] director and the Driver License Division shall ensure that
3285     a qualifying form contains:
3286          (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
3287     Utah residency, and that the information provided in the form is true;
3288          (b) a records disclosure that is similar to the records disclosure on a voter registration
3289     form described in Section 20A-2-104;
3290          (c) a statement that if an applicant declines to register or preregister to vote, the fact
3291     that the applicant has declined to register or preregister will remain confidential and will be
3292     used only for voter registration purposes;
3293          (d) a statement that if an applicant does register or preregister to vote, the office at
3294     which the applicant submits a voter registration application will remain confidential and will be
3295     used only for voter registration purposes; and
3296          (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
3297     where an individual may, if desired:
3298          (i) indicate the individual's desired political affiliation from a listing of each registered
3299     political party, as defined in Section 20A-8-101;
3300          (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
3301     individual desires to affiliate; or
3302          (iii) indicate that the individual does not wish to affiliate with a political party.
3303          Section 47. Section 20A-2-201 is amended to read:
3304          20A-2-201. Registering to vote at office of county clerk.
3305          (1) Except as provided in Subsection (3), the county clerk shall register to vote each
3306     individual who registers in person at the county clerk's office during designated office hours if
3307     the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
3308     the county in accordance with Section 20A-2-101.
3309          (2) If an individual who is registering to vote submits a registration form in person at
3310     the office of the county clerk no later than 5 p.m. 11 calendar days before the date of the

3311     election, the county clerk shall:
3312          (a) accept and process the voter registration form;
3313          (b) unless the individual named in the form is preregistering to vote:
3314          (i) enter the individual's name on the list of registered voters for the voting precinct in
3315     which the individual resides; and
3316          (ii) notify the individual that the individual is registered to vote in the upcoming
3317     election; and
3318          (c) if the individual named in the form is preregistering to vote, comply with Section
3319     20A-2-101.1.
3320          (3) If an individual who is registering to vote and who will be legally qualified and
3321     entitled to vote in a voting precinct in the county on the date of an election appears in person,
3322     during designated office hours, and submits a registration form after the deadline described in
3323     Subsection (2), the county clerk shall accept the registration form and, except as provided in
3324     Subsection [20A-2-207(6)] 20A-2-207(5), inform the individual that the individual will not be
3325     registered to vote in the pending election, unless the individual registers to vote by provisional
3326     ballot during the early voting period, if applicable, or on election day, in accordance with
3327     Section 20A-2-207.
3328          Section 48. Section 20A-2-204 is amended to read:
3329          20A-2-204. Registering to vote when applying for or renewing a driver license.
3330          (1) As used in this section, "voter registration form" means, when an individual named
3331     on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
3332     in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
3333     voter registration purposes.
3334          (2) (a) Except as provided in Subsection (2)(b), a citizen who is qualified to vote may
3335     register to vote, and a citizen who is qualified to preregister to vote may preregister to vote, by
3336     answering "yes" to the question described in Subsection 20A-2-108(2)(a) and completing the
3337     voter registration form.
3338          (b) A citizen who is a program participant in the Safe at Home Program created in
3339     Section 77-38-602 is not eligible to register to vote as described in Subsection (2)(a), but is
3340     eligible to register to vote by any other means described in this part.
3341          (3) The Driver License Division shall:

3342          (a) assist an individual in completing the voter registration form unless the individual
3343     refuses assistance;
3344          (b) electronically transmit each address change to the [lieutenant governor] director
3345     within five days after the day on which the division receives the address change; and
3346          (c) within five days after the day on which the division receives a voter registration
3347     form, electronically transmit the form to the [Office of the Lieutenant Governor] office,
3348     including the following for the individual named on the form:
3349          (i) the name, date of birth, driver license or state identification card number, last four
3350     digits of the social security number, Utah residential address, place of birth, and signature;
3351          (ii) a mailing address, if different from the individual's Utah residential address;
3352          (iii) an email address and phone number, if available;
3353          (iv) the desired political affiliation, if indicated;
3354          (v) an indication of whether the individual requested that the individual's voter
3355     registration record be classified as a private record under Subsection 20A-2-108(2)(b); and
3356          (vi) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
3357     verification submitted with the form.
3358          (4) Upon receipt of an individual's voter registration form from the Driver License
3359     Division under Subsection (3), the [lieutenant governor] director shall:
3360          (a) enter the information into the statewide voter registration database; and
3361          (b) if the individual requests on the individual's voter registration form that the
3362     individual's voter registration record be classified as a private record or the individual submits a
3363     withholding request form described in Subsections 20A-2-104(7) and (8) and any required
3364     verification, classify the individual's voter registration record as a private record.
3365          (5) The county clerk of an individual whose information is entered into the statewide
3366     voter registration database under Subsection (4) shall:
3367          (a) ensure that the individual meets the qualifications to be registered or preregistered
3368     to vote; and
3369          (b) (i) if the individual meets the qualifications to be registered to vote:
3370          (A) ensure that the individual is assigned to the proper voting precinct; and
3371          (B) send the individual the notice described in Section 20A-2-304; or
3372          (ii) if the individual meets the qualifications to be preregistered to vote, process the

3373     form in accordance with the requirements of Section 20A-2-101.1.
3374          (6) (a) When the county clerk receives a correctly completed voter registration form
3375     under this section, the clerk shall:
3376          (i) comply with the applicable provisions of this Subsection (6); or
3377          (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
3378          (b) If the county clerk receives a correctly completed voter registration form under this
3379     section no later than 5 p.m. or, if submitting the form electronically, midnight, 11 calendar days
3380     before the date of an election, the county clerk shall:
3381          (i) accept the voter registration form; and
3382          (ii) unless the individual is preregistering to vote:
3383          (A) enter the individual's name on the list of registered voters for the voting precinct in
3384     which the individual resides; and
3385          (B) notify the individual that the individual is registered to vote in the upcoming
3386     election; and
3387          (iii) if the individual named in the form is preregistering to vote, comply with Section
3388     20A-2-101.1.
3389          (c) If the county clerk receives a correctly completed voter registration form under this
3390     section after the deadline described in Subsection (6)(b), the county clerk shall, unless the
3391     individual named in the form is preregistering to vote:
3392          (i) accept the application for registration of the individual;
3393          (ii) process the voter registration form; and
3394          (iii) unless the individual is preregistering to vote, and except as provided in
3395     Subsection [20A-2-207(6)] 20A-2-207(5), inform the individual that the individual will not be
3396     registered to vote in the pending election, unless the individual registers to vote by provisional
3397     ballot during the early voting period, if applicable, or on election day, in accordance with
3398     Section 20A-2-207.
3399          (7) (a) If the county clerk determines that an individual's voter registration form
3400     received from the Driver License Division is incorrect because of an error, because the form is
3401     incomplete, or because the individual does not meet the qualifications to be registered to vote,
3402     the county clerk shall mail notice to the individual stating that the individual has not been
3403     registered or preregistered because of an error, because the registration form is incomplete, or

3404     because the individual does not meet the qualifications to be registered to vote.
3405          (b) If a county clerk believes, based upon a review of a voter registration form, that an
3406     individual, who knows that the individual is not legally entitled to register or preregister to
3407     vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
3408     the form to the county attorney for investigation and possible prosecution.
3409          Section 49. Section 20A-2-205 is amended to read:
3410          20A-2-205. Registration at voter registration agencies.
3411          (1) As used in this section:
3412          (a) "Discretionary voter registration agency" means the same as that term is defined in
3413     Section 20A-2-300.5.
3414          (b) "Public assistance agency" means the same as that term is defined in Section
3415     20A-2-300.5.
3416          (2) An individual may obtain and complete a registration form at a public assistance
3417     agency or discretionary voter registration agency.
3418          (3) Each public assistance agency and discretionary voter registration agency shall
3419     provide, either as part of existing forms or on a separate form, the following information in
3420     substantially the following form:
3421          "REGISTERING TO VOTE
3422          If you are not registered to vote where you live now, would you like to apply to register
3423     or preregister to vote here today? (The decision of whether to register or preregister to vote will
3424     not affect the amount of assistance that you will be provided by this agency.) Yes____ No____
3425     IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
3426     DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you
3427     would like help in filling out the voter registration form, we will help you. The decision about
3428     whether to seek or accept help is yours. You may fill out the application form in private. If
3429     you believe that someone has interfered with your right to register or preregister or to decline to
3430     register or preregister to vote, your right to privacy in deciding whether to register or
3431     preregister, or in applying to register or preregister to vote, or your right to choose your own
3432     political party or other political preference, you may file a complaint with the [Office of the
3433     Lieutenant Governor] Elections Office, State Capitol Building, Salt Lake City, Utah 84114.
3434     (The phone number of the [Office of the Lieutenant Governor] office)."

3435          (4) Unless an individual applying for service or assistance from a public assistance
3436     agency or discretionary voter registration agency declines, in writing, to register or preregister
3437     to vote, each public assistance agency and discretionary voter registration agency shall:
3438          (a) distribute a voter registration form with each application for service or assistance
3439     provided by the agency or office;
3440          (b) assist applicants in completing the voter registration form unless the applicant
3441     refuses assistance;
3442          (c) accept completed forms for transmittal to the appropriate election official; and
3443          (d) transmit a copy of each voter registration form to the appropriate election official
3444     within five days after the division receives the voter registration form.
3445          (5) An individual in a public assistance agency or a discretionary voter registration
3446     agency that helps an applicant complete the voter registration form may not:
3447          (a) seek to influence an applicant's political preference or party registration;
3448          (b) display any political preference or party allegiance;
3449          (c) make any statement to an applicant or take any action that has the purpose or effect
3450     of discouraging the applicant from registering to vote; or
3451          (d) make any statement to an applicant or take any action that has the purpose or effect
3452     of leading the applicant to believe that a decision of whether to register or preregister has any
3453     bearing upon the availability of services or benefits.
3454          (6) If the county clerk receives a correctly completed voter registration form under this
3455     section no later than 5 p.m. 11 calendar days before the date of an election, the county clerk
3456     shall:
3457          (a) accept and process the voter registration form;
3458          (b) unless the individual named in the form is preregistering to vote:
3459          (i) enter the applicant's name on the list of registered voters for the voting precinct in
3460     which the applicant resides; and
3461          (ii) notify the applicant that the applicant is registered to vote in the upcoming election;
3462     and
3463          (c) if the individual named in the form is preregistering to vote, comply with Section
3464     20A-2-101.1.
3465          (7) If the county clerk receives a correctly completed voter registration form after the

3466     deadline described in Subsection (6), the county clerk shall:
3467          (a) accept the application for registration of the individual; and
3468          (b) except as provided in Subsection [20A-2-207(6)] 20A-2-207(5), if possible,
3469     promptly inform the individual that the individual will not be registered to vote in the pending
3470     election, unless the individual registers to vote by provisional ballot during the early voting
3471     period, if applicable, or on election day, in accordance with Section 20A-2-207.
3472          (8) If the county clerk determines that a voter registration form received from a public
3473     assistance agency or discretionary voter registration agency is incorrect because of an error or
3474     because the voter registration form is incomplete, the county clerk shall mail notice to the
3475     individual attempting to register or preregister to vote, stating that the individual has not been
3476     registered or preregistered to vote because of an error or because the voter registration form is
3477     incomplete.
3478          Section 50. Section 20A-2-206 is amended to read:
3479          20A-2-206. Electronic registration.
3480          (1) The [lieutenant governor] director shall create and maintain an electronic system
3481     that is publicly available on the Internet for an individual to apply for voter registration or
3482     preregistration.
3483          (2) An electronic system for voter registration or preregistration shall require:
3484          (a) that an applicant have a valid driver license or identification card, issued under Title
3485     53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
3486     of residence;
3487          (b) that the applicant provide the information required by Section 20A-2-104, except
3488     that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
3489     and (5);
3490          (c) that the applicant attest to the truth of the information provided; and
3491          (d) that the applicant authorize the [lieutenant governor's] director's and county clerk's
3492     use of the applicant's:
3493          (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
3494     Uniform Driver License Act, for voter registration purposes; or
3495          (ii) signature on file in the [lieutenant governor's] office's statewide voter registration
3496     database developed under Section 20A-2-502.

3497          (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
3498     voter registration or preregistration created under this section is not required to complete a
3499     printed registration form.
3500          (4) A system created and maintained under this section shall provide the notices
3501     concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
3502          (5) The [lieutenant governor] director shall:
3503          (a) obtain a digital copy of the applicant's driver license or identification card signature
3504     from the Driver License Division; or
3505          (b) ensure that the applicant's signature is already on file in the [lieutenant governor's]
3506     office's statewide voter registration database developed under Section 20A-2-502.
3507          (6) The [lieutenant governor] director shall send the information to the county clerk for
3508     the county in which the applicant's principal place of residence is found for further action as
3509     required by Section 20A-2-304 after:
3510          (a) receiving all information from an applicant; and
3511          (b) (i) receiving all information from the Driver License Division; or
3512          (ii) ensuring that the applicant's signature is already on file in the [lieutenant
3513     governor's] office's statewide voter registration database developed under Section 20A-2-502.
3514          (7) The [lieutenant governor] director may use additional security measures to ensure
3515     the accuracy and integrity of an electronically submitted voter registration.
3516          (8) If an individual applies to register under this section no later than 11 calendar days
3517     before the date of an election, the county clerk shall:
3518          (a) accept and process the voter registration form;
3519          (b) unless the individual named in the form is preregistering to vote:
3520          (i) enter the applicant's name on the list of registered voters for the voting precinct in
3521     which the applicant resides; and
3522          (ii) notify the individual that the individual is registered to vote in the upcoming
3523     election; and
3524          (c) if the individual named in the form is preregistering to vote, comply with Section
3525     20A-2-101.1.
3526          (9) If an individual applies to register under this section after the deadline described in
3527     Subsection (8), the county clerk shall, unless the individual is preregistering to vote:

3528          (a) accept the application for registration; and
3529          (b) except as provided in Subsection [20A-2-207(6)] 20A-2-207(5), if possible,
3530     promptly inform the individual that the individual will not be registered to vote in the pending
3531     election, unless the individual registers to vote by provisional ballot during the early voting
3532     period, if applicable, or on election day, in accordance with Section 20A-2-207.
3533          (10) The [lieutenant governor] director shall provide a means by which a registered
3534     voter shall sign the application form.
3535          Section 51. Section 20A-2-207 is amended to read:
3536          20A-2-207. Registration by provisional ballot.
3537          (1) Except as provided in Subsection [(6)] (5), an individual who is not registered to
3538     vote may register to vote, and vote, on election day or during the early voting period described
3539     in Section 20A-3a-601, by voting a provisional ballot, if:
3540          (a) the individual is otherwise legally entitled to vote the ballot;
3541          (b) the ballot is identical to the ballot for the precinct in which the individual resides;
3542          (c) the information on the provisional ballot form is complete; and
3543          (d) the individual provides valid voter identification and proof of residence to the poll
3544     worker.
3545          (2) If a provisional ballot and the individual who voted the ballot comply with the
3546     requirements described in Subsection (1), the election officer shall:
3547          (a) consider the provisional ballot a voter registration form;
3548          (b) place the ballot with the other ballots, to be counted with those ballots at the
3549     canvass; and
3550          (c) as soon as reasonably possible, register the individual to vote.
3551          (3) Except as provided in Subsection (4), the election officer shall retain a provisional
3552     ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
3553     determines that the individual who voted the ballot:
3554          (a) is not registered to vote and is not eligible for registration under this section; or
3555          (b) is not legally entitled to vote the ballot that the individual voted.
3556          (4) Subsection (3) does not apply if a court orders the election officer to produce or
3557     count the provisional ballot.
3558          [(5) The lieutenant governor shall report to the Government Operations Interim

3559     Committee on or before October 31, 2020, regarding:]
3560          [(a) implementation of registration by provisional ballot, as described in this section,
3561     on a statewide basis;]
3562          [(b) any difficulties resulting from the implementation described in Subsection (5)(a);]
3563          [(c) the effect of registration by provisional ballot on voter participation in Utah;]
3564          [(d) the number of ballots cast by voters who registered by provisional ballot:]
3565          [(i) during the early voting period described in Section 20A-3a-601; and]
3566          [(ii) on election day; and]
3567          [(e) suggested changes in the law relating to registration by provisional ballot.]
3568          [(6)] (5) For an election administered by an election officer other than a county clerk:
3569          (a) if the election officer does not operate a polling place to allow early voting, the
3570     individual may not register to vote, under this section, during an early voting period; and
3571          (b) if the election officer does not operate a polling place on election day, the
3572     individual may not register to vote, under this section, on election day.
3573          Section 52. Section 20A-2-300.6 is amended to read:
3574          20A-2-300.6. Voter registration activities -- Coordination among local, state, and
3575     federal officials.
3576          The [lieutenant governor] director shall:
3577          (1) oversee, manage, and coordinate all voter registration activities in the state; and
3578          (2) coordinate with local, state, and federal officials to ensure compliance with state
3579     and federal election laws.
3580          Section 53. Section 20A-2-502 is amended to read:
3581          20A-2-502. Statewide voter registration system -- Maintenance and update of
3582     system -- Record security -- List of incarcerated felons -- Public document showing
3583     compliance by county clerks.
3584          (1) The [lieutenant governor] director shall:
3585          (a) develop, manage, and maintain a statewide voter registration system to be used by
3586     county clerks to maintain an updated statewide voter registration database in accordance with
3587     this section and rules made under Section 20A-2-507;
3588          (b) except as provided in Subsection (2)(c), regularly update the system with
3589     information relevant to voter registration, as follows:

3590          (i) on at least a weekly basis, information received from the Driver License Division in
3591     relation to:
3592          (A) voter registration;
3593          (B) a registered voter's change of address; or
3594          (C) a registered voter's change of name;
3595          (ii) on at least a weekly basis, the information described in Subsection 26B-8-114(11)
3596     from the state registrar, regarding deceased individuals;
3597          (iii) on at least a monthly basis, the information described in Subsection (3), received
3598     from the Department of Corrections regarding incarcerated individuals;
3599          (iv) on at least a monthly basis, information received from other states, including
3600     information received under an agreement described in Subsection (2); and
3601          (v) within 31 days after receiving information relevant to voter registration, other than
3602     the information described in Subsections (1)(b)(i) through (v);
3603          (c) regularly monitor the system to ensure that each county clerk complies with the
3604     requirements of this part and rules made under Section 20A-2-507;
3605          (d) establish matching criteria and security measures for identifying a change described
3606     in Subsection (1)(b) to ensure the accuracy of a voter registration record; and
3607          (e) on at least a monthly basis:
3608          (i) use the matching criteria and security measures described in Subsection (1)(d) to
3609     compare information in the database to identify duplicate data, contradictory data, and changes
3610     in data;
3611          (ii) notify the applicable county clerk of the data identified; and
3612          (iii) notify the county clerk of the county in which a voter's principal place of residence
3613     is located of a change in a registered voter's principal place of residence or name.
3614          (2) (a) Subject to Subsection (2)(b), the [lieutenant governor] director may cooperate or
3615     enter into an agreement with a governmental entity or another state to share information and
3616     increase the accuracy of the database.
3617          (b) For a record shared under Subsection (2)(a), the [lieutenant governor] director shall
3618     ensure:
3619          (i) that the record is only used to maintain the accuracy of the database;
3620          (ii) compliance with Section 63G-2-206; and

3621          (iii) that the record is secure from unauthorized use by employing data encryption or
3622     another similar technology security system.
3623          (c) The [lieutenant governor] director is not required to comply with an updating
3624     requirement described in Subsection (1)(b) to the extent that the person responsible to provide
3625     the information to the [lieutenant governor] director fails to provide the information.
3626          (3) (a) The [lieutenant governor] director shall maintain a current list of all incarcerated
3627     felons in Utah.
3628          (b) The Department of Corrections shall provide the [lieutenant governor's] office with:
3629          (i) the name and last-known address of each individual who:
3630          (A) was convicted of a felony in a Utah state court; and
3631          (B) is currently incarcerated for commission of a felony; and
3632          (ii) the name of each convicted felon who has been released from incarceration.
3633          (4) The [lieutenant governor] director shall maintain on the [lieutenant governor's]
3634     office's website a document that:
3635          (a) describes the utilities and tools within the system that a county clerk is required to
3636     run;
3637          (b) describes the actions, if any, that a county clerk is required to take in relation to the
3638     results of running a utility or tool;
3639          (c) lists, by date, the recurring deadlines by which a county clerk must comply with
3640     Subsection (4)(a) or (b); and
3641          (d) indicates, by county:
3642          (i) whether the county clerk timely complies with each deadline described in
3643     Subsection (4)(c); and
3644          (ii) if the county clerk fails to timely comply with a deadline described in Subsection
3645     (4)(c), whether the county clerk subsequently complies with the deadline and the date on which
3646     the county clerk complies.
3647          Section 54. Section 20A-2-503 is amended to read:
3648          20A-2-503. County clerk's responsibilities -- Updating voter registration.
3649          (1) (a) Each county clerk shall use the system to record or modify all voter registration
3650     records.
3651          (b) A county clerk shall:

3652          (i) at the time the county clerk enters a voter registration record into the system, run the
3653     system's voter identification verification tool in relation to the record; and
3654          (ii) in accordance with rules made under Section 20A-2-507, regularly report to the
3655     [lieutenant governor] director the information described in Subsection 20A-2-502(4).
3656          (2) A county clerk who receives notification from the [lieutenant governor] director, as
3657     provided in Subsection 20A-2-502(1)(e), of a change in a registered voter's principal place of
3658     residence or name may verify the change with the registered voter.
3659          (3) Unless the county clerk verifies that a change described in Subsection (2) is
3660     incorrect, the county clerk shall:
3661          (a) change the voter registration record to show the registered voter's current name and
3662     address; and
3663          (b) notify the registered voter of the change to the voter registration record.
3664          (4) A county clerk shall, in accordance with rules made under Section 20A-2-507:
3665          (a) on at least a monthly basis, run the duplicate voter utility and take the action
3666     required to resolve potential duplicate data identified by the utility; and
3667          (b) every December, run the annual maintenance utility.
3668          (5) (a) If a voter does not vote in any election during the period beginning on the date
3669     of any regular general election and ending on the day after the date of the next regular general
3670     election, and the county clerk has not sent the voter a notice described in Section 20A-2-505
3671     during the period, the county clerk shall, within 14 days after the day on which the county clerk
3672     runs the annual maintenance utility, send to the voter a preaddressed return form in
3673     substantially the following form:
3674     
["]VOTER REGISTRATION ADDRESS["]

3675          To ensure the address on your voter registration is correct, please complete and return
3676     this form if your address has changed. What is your current street address?
3677     ____________________________________________________________________________
3678     Street                    City                    County      State          ZIP
3679     ___________________________
3680     Signature of Voter
3681          (b) The county clerk shall mail the form described in Subsection (5)(a) with a postal
3682     service that will notify the county clerk if the voter has changed the voter's address.

3683          Section 55. Section 20A-2-505 is amended to read:
3684          20A-2-505. Removing names from the official register -- Determining and
3685     confirming change of residence.
3686          (1) A county clerk may not remove a voter's name from the official register on the
3687     grounds that the voter has changed residence unless the voter:
3688          (a) confirms in writing that the voter has changed residence to a place outside the
3689     county; or
3690          (b) (i) does not vote in an election during the period beginning on the date of the notice
3691     described in Subsection (3), and ending on the day after the date of the second regular general
3692     election occurring after the date of the notice; and
3693          (ii) does not respond to the notice described in Subsection (3).
3694          (2) (a) Within 31 days after the day on which a county clerk obtains information that a
3695     voter's address has changed, if it appears that the voter still resides within the same county, the
3696     county clerk shall:
3697          (i) change the official register to show the voter's new address; and
3698          (ii) send to the voter, by forwardable mail, the notice described in Subsection (3).
3699          (b) When a county clerk obtains information that a voter's address has changed and it
3700     appears that the voter now resides in a different county, the county clerk shall verify the
3701     changed residence by sending to the voter, by forwardable mail, the notice described in
3702     Subsection (3), printed on a postage prepaid, preaddressed return form.
3703          (3) (a) Each county clerk shall use substantially the following form to notify voters
3704     whose addresses have changed:
3705     
"VOTER REGISTRATION NOTICE

3706          We have been notified that your residence has changed. Please read, complete, and
3707     return this form so that we can update our voter registration records. What is your current
3708     street address?
3709     ___________________________________________________________________________
3710     Street                      City                County          State          Zip
3711          What is your current phone number (optional)?________________________________
3712          What is your current email address (optional)?_________________________________
3713          If you have not changed your residence, or have moved but stayed within the same

3714     county, you must complete and return this form to the county clerk so that it is received by the
3715     county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
3716     return this form within that time:
3717          - you may be required to show evidence of your address to the poll worker before being
3718     allowed to vote in either of the next two regular general elections; or
3719          - if you fail to vote at least once, from the date this notice was mailed until the passing
3720     of two regular general elections, you will no longer be registered to vote. If you have changed
3721     your residence and have moved to a different county in Utah, you may register to vote by
3722     contacting the county clerk in your county.
3723     ________________________________________
3724     Signature of Voter
3725     
PRIVACY INFORMATION

3726          Voter registration records contain some information that is available to the public, such
3727     as your name and address, some information that is available only to government entities, and
3728     some information that is available only to certain third parties in accordance with the
3729     requirements of law.
3730          Your driver license number, identification card number, social security number, email
3731     address, full date of birth, and phone number are available only to government entities. Your
3732     year of birth is available to political parties, candidates for public office, certain third parties,
3733     and their contractors, employees, and volunteers, in accordance with the requirements of law.
3734          You may request that all information on your voter registration records be withheld
3735     from all persons other than government entities, political parties, candidates for public office,
3736     and their contractors, employees, and volunteers, by indicating here:
3737          _____ Yes, I request that all information on my voter registration records be withheld
3738     from all persons other than government entities, political parties, candidates for public office,
3739     and their contractors, employees, and volunteers.
3740     
REQUEST FOR ADDITIONAL PRIVACY PROTECTION

3741          In addition to the protections provided above, you may request that identifying
3742     information on your voter registration records be withheld from all political parties, candidates
3743     for public office, and their contractors, employees, and volunteers, by submitting a withholding
3744     request form, and any required verification, as described in the following paragraphs.

3745          A person may request that identifying information on the person's voter registration
3746     records be withheld from all political parties, candidates for public office, and their contractors,
3747     employees, and volunteers, by submitting a withholding request form with this registration
3748     record, or to the [lieutenant governor] director or a county clerk, if the person is or is likely to
3749     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
3750     violence.
3751          A person may request that identifying information on the person's voter registration
3752     records be withheld from all political parties, candidates for public office, and their contractors,
3753     employees, and volunteers, by submitting a withholding request form and any required
3754     verification with this registration form, or to the [lieutenant governor] director or a county
3755     clerk, if the person is, or resides with a person who is, a law enforcement officer, a member of
3756     the armed forces, a public figure, or protected by a protective order or a protection order."
3757          (b) The form described in Subsection (3)(a) shall also include a section in substantially
3758     the following form:
3759     ------------------------------------------------------------------------------------------------------------------
3760     
BALLOT NOTIFICATIONS

3761          If you have provided a phone number or email address, you can receive notifications by
3762     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
3763     deposit in the mail or in a ballot drop box, by indicating here:
3764          ______ Yes, I would like to receive electronic notifications regarding the status of my
3765     ballot.
3766     ------------------------------------------------------------------------------------------------------------------
3767          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
3768     names of any voters from the official register during the 90 days before a regular primary
3769     election or the 90 days before a regular general election.
3770          (b) The county clerk may remove the names of voters from the official register during
3771     the 90 days before a regular primary election or the 90 days before a regular general election if:
3772          (i) the voter requests, in writing, that the voter's name be removed; or
3773          (ii) the voter dies.
3774          (c) (i) After a county clerk mails a notice under this section, the county clerk shall,
3775     unless otherwise prohibited by law, list that voter as inactive.

3776          (ii) If a county clerk receives a returned voter identification card, determines that there
3777     was no clerical error causing the card to be returned, and has no further information to contact
3778     the voter, the county clerk shall, unless otherwise prohibited by law, list that voter as inactive.
3779          (iii) An inactive voter may vote, sign petitions, and have all other privileges of a
3780     registered voter.
3781          (iv) A county is not required to:
3782          (A) send routine mailings to an inactive voter; or
3783          (B) count inactive voters when dividing precincts and preparing supplies.
3784          (5) The [lieutenant governor] director shall make available to a county clerk United
3785     States Social Security Administration data received by the [lieutenant governor] director
3786     regarding deceased individuals.
3787          (6) A county clerk shall, within ten business days after the day on which the county
3788     clerk receives the information described in Subsection (5) or Subsections 26B-8-114(11) and
3789     (12) relating to a decedent whose name appears on the official register, remove the decedent's
3790     name from the official register.
3791          (7) Ninety days before each primary and general election the [lieutenant governor]
3792     director shall compare the information the [lieutenant governor] director has received under
3793     Subsection 26B-8-114(11) with the official register of voters to ensure that all deceased voters
3794     have been removed from the official register.
3795          Section 56. Section 20A-2-506 is amended to read:
3796          20A-2-506. Director and county clerks to preserve records.
3797          (1) As used in this section:
3798          (a) "Voter registration record" means a record concerning the implementation of
3799     programs and activities conducted for the purpose of ensuring that the official register is
3800     accurate and current.
3801          (b) "Voter registration record" does not include a record that:
3802          (i) relates to a person's decision to decline to register to vote; or
3803          (ii) identifies the particular public assistance agency, discretionary voter registration
3804     agency, or Driver License Division through which a particular voter registered to vote.
3805          (2) The [lieutenant governor] director and each county clerk shall:
3806          (a) preserve for at least two years all records relating to voter registration, including:

3807          (i) the official register; and
3808          (ii) the name and address of each individual to whom the notice required by Section
3809     20A-2-505 was sent and a notation regarding whether the individual responded to the notice;
3810          (b) make a voter registration record available for public inspection, except for a voter
3811     registration record, or part of a voter registration record that is classified as private under
3812     Section 63G-2-302; and
3813          (c) allow a record or part of a record described in Subsection (2)(b) that is not
3814     classified as a private record to be photocopied for a reasonable cost.
3815          (3) The [lieutenant governor] director shall take, and store for at least 22 months, a
3816     static copy of the official register made at the following times:
3817          (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
3818          (b) the day of the election; and
3819          (c) the last day of the canvass.
3820          Section 57. Section 20A-2-507 is amended to read:
3821          20A-2-507. Rulemaking authority relating to voter registration records.
3822          The [director of elections within the Office of the Lieutenant Governor] office shall
3823     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
3824          (1) to regulate the use, security, maintenance, data entry, and update of the system;
3825          (2) establishing duties and deadlines for a county clerk to:
3826          (a) ensure that the database is updated, accurate, and secure; and
3827          (b) regularly report to the [lieutenant governor] director the information described in
3828     Subsection 20A-2-502(4); and
3829          (3) establishing requirements for a county clerk in relation to:
3830          (a) running the utilities and tools in the system;
3831          (b) actions that the county clerk is required to take in response to the matters identified,
3832     or the results produced, from running the utilities and tools; and
3833          (c) documenting and reporting compliance with the requirements of this part and rules
3834     made under this section.
3835          Section 58. Section 20A-3a-106 is amended to read:
3836          20A-3a-106. Rulemaking authority relating to conducting an election.
3837          The [director of elections, within the Office of the Lieutenant Governor,] office may

3838     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3839     establishing requirements for:
3840          (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and
3841     security of the envelopes;
3842          (2) complying with the signature comparison audit requirements described in Section
3843     20A-3a-402.5; or
3844          (3) conducting and documenting the identity verification process described in
3845     Subsection 20A-3a-401(7)(b).
3846          Section 59. Section 20A-3a-202 is amended to read:
3847          20A-3a-202. Conducting election by mail.
3848          (1) (a) Except as otherwise provided for an election conducted entirely by mail under
3849     Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
3850     accordance with this section.
3851          (b) An individual who did not provide valid voter identification at the time the voter
3852     registered to vote shall provide valid voter identification before voting.
3853          (2) An election officer who administers an election:
3854          (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
3855     and no later than seven days before election day, mail to each active voter within a voting
3856     precinct:
3857          (i) a manual ballot;
3858          (ii) a return envelope;
3859          (iii) instructions for returning the ballot that include an express notice about any
3860     relevant deadlines that the voter must meet in order for the voter's vote to be counted;
3861          (iv) for an election administered by a county clerk, information regarding the location
3862     and hours of operation of any election day voting center at which the voter may vote or a
3863     website address where the voter may view this information;
3864          (v) for an election administered by an election officer other than a county clerk, if the
3865     election officer does not operate a polling place or an election day voting center, a warning, on
3866     a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
3867     instructions included with the ballot, the voter will be unable to vote in that election because
3868     there will be no polling place for the voting precinct on the day of the election; and

3869          (vi) instructions on how a voter may sign up to receive electronic ballot status
3870     notifications via the ballot tracking system described in Section 20A-3a-401.5;
3871          (b) may not mail a ballot under this section to:
3872          (i) an inactive voter, unless the inactive voter requests a manual ballot; or
3873          (ii) a voter whom the election officer is prohibited from sending a ballot under
3874     Subsection (9)(c)(ii);
3875          (c) shall, on the outside of the envelope in which the election officer mails the ballot,
3876     include instructions for returning the ballot if the individual to whom the election officer mails
3877     the ballot does not live at the address to which the ballot is sent;
3878          (d) shall provide a method of accessible voting to a voter with a disability who is not
3879     able to vote by mail; and
3880          (e) shall include, on the election officer's website and with each ballot mailed,
3881     instructions regarding how a voter described in Subsection (2)(d) may vote.
3882          (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
3883     the manual ballot to the address:
3884          (i) provided at the time of registration; or
3885          (ii) if, at or after the time of registration, the voter files an alternate address request
3886     form described in Subsection (3)(b), the alternate address indicated on the form.
3887          (b) The [lieutenant governor] director shall make available to voters an alternate
3888     address request form that permits a voter to request that the election officer mail the voter's
3889     ballot to a location other than the voter's residence.
3890          (c) A voter shall provide the completed alternate address request form to the election
3891     officer no later than 11 days before the day of the election.
3892          (4) The return envelope shall include:
3893          (a) the name, official title, and post office address of the election officer on the front of
3894     the envelope;
3895          (b) a space where a voter may write an email address and phone number by which the
3896     election officer may contact the voter if the voter's ballot is rejected;
3897          (c) a printed affidavit in substantially the following form:
3898          "County of ____State of ____
3899          I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct

3900     in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
3901     currently incarcerated for commission of a felony.
3902          ______________________________
3903          Signature of Voter"; and
3904          (d) a warning that the affidavit must be signed by the individual to whom the ballot
3905     was sent and that the ballot will not be counted if the signature on the affidavit does not match
3906     the signature on file with the election officer of the individual to whom the ballot was sent.
3907          (5) If the election officer determines that the voter is required to show valid voter
3908     identification, the election officer may:
3909          (a) mail a ballot to the voter;
3910          (b) instruct the voter to include a copy of the voter's valid voter identification with the
3911     return ballot; and
3912          (c) provide instructions to the voter on how the voter may sign up to receive electronic
3913     ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
3914          (6) An election officer who administers an election shall:
3915          (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
3916     election; or
3917          (ii) obtain the signature of each voter within the voting precinct from the county clerk;
3918     and
3919          (b) maintain the signatures on file in the election officer's office.
3920          (7) Upon receipt of a returned ballot, the election officer shall review and process the
3921     ballot under Section 20A-3a-401.
3922          (8) A county that administers an election:
3923          (a) shall provide at least one election day voting center in accordance with Part 7,
3924     Election Day Voting Center, and at least one additional election day voting center for every
3925     5,000 active voters in the county who have requested to not receive a ballot by mail;
3926          (b) shall ensure that each election day voting center operated by the county has at least
3927     one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
3928     Pub. L. No. 107-252, for individuals with disabilities;
3929          (c) may reduce the early voting period described in Section 20A-3a-601, if:
3930          (i) the county clerk conducts early voting on at least four days;

3931          (ii) the early voting days are within the period beginning on the date that is 14 days
3932     before the date of the election and ending on the day before the election; and
3933          (iii) the county clerk provides notice of the reduced early voting period in accordance
3934     with Section 20A-3a-604; and
3935          (d) is not required to pay return postage for a ballot.
3936          (9) (a) An individual may request that the election officer not send the individual a
3937     ballot by mail in the next and subsequent elections by submitting a written request to the
3938     election officer.
3939          (b) An individual shall submit the request described in Subsection (9)(a) to the election
3940     officer before 5 p.m. no later than 60 days before an election if the individual does not wish to
3941     receive a ballot by mail in that election.
3942          (c) An election officer who receives a request from an individual under Subsection
3943     (9)(a):
3944          (i) shall remove the individual's name from the list of voters who will receive a ballot
3945     by mail; and
3946          (ii) may not send the individual a ballot by mail for:
3947          (A) the next election, if the individual submits the request described in Subsection
3948     (9)(a) before the deadline described in Subsection (9)(b); or
3949          (B) an election after the election described in Subsection (9)(c)(ii)(A).
3950          (d) An individual who submits a request under Subsection (9)(a) may resume the
3951     individual's receipt of a ballot by mail by submitting a written request to the election officer.
3952          Section 60. Section 20A-3a-401 is amended to read:
3953          20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
3954     Disposition -- Notice.
3955          (1) This section governs ballots returned by mail or via a ballot drop box.
3956          (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
3957     the custody of the poll workers in accordance with this section.
3958          (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
3959     the return envelope to the signature of the voter in the voter registration records.
3960          (3) After complying with Subsection (2), the poll workers shall determine whether:
3961          (a) the signatures correspond;

3962          (b) the affidavit is sufficient;
3963          (c) the voter is registered to vote in the correct precinct;
3964          (d) the voter's right to vote the ballot has been challenged;
3965          (e) the voter has already voted in the election;
3966          (f) the voter is required to provide valid voter identification; and
3967          (g) if the voter is required to provide valid voter identification, whether the voter has
3968     provided valid voter identification.
3969          (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
3970     workers determine:
3971          (i) in accordance with the rules made under Subsection (11):
3972          (A) that the signature on the affidavit of the return envelope is reasonably consistent
3973     with the individual's signature in the voter registration records; or
3974          (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
3975     signature is verified by alternative means;
3976          (ii) that the affidavit is sufficient;
3977          (iii) that the voter is registered to vote in the correct precinct;
3978          (iv) that the voter's right to vote the ballot has not been challenged;
3979          (v) that the voter has not already voted in the election; and
3980          (vi) for a voter required to provide valid voter identification, that the voter has
3981     provided valid voter identification.
3982          (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
3983     workers shall:
3984          (i) remove the manual ballot from the return envelope in a manner that does not
3985     destroy the affidavit on the return envelope;
3986          (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
3987     with the return envelope; and
3988          (iii) place the ballot with the other ballots to be counted.
3989          (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
3990     the poll workers shall:
3991          (i) disallow the vote;
3992          (ii) without opening the return envelope, record the ballot as "rejected" and state the

3993     reason for the rejection; and
3994          (iii) place the return envelope, unopened, with the other rejected return envelopes.
3995          (5) (a) If the poll workers reject an individual's ballot because the poll workers
3996     determine, in accordance with rules made under Subsection (11), that the signature on the
3997     return envelope is not reasonably consistent with the individual's signature in the voter
3998     registration records, the election officer shall:
3999          (i) contact the individual in accordance with Subsection (6); and
4000          (ii) inform the individual:
4001          (A) that the individual's signature is in question;
4002          (B) how the individual may resolve the issue; and
4003          (C) that, in order for the ballot to be counted, the individual is required to deliver to the
4004     election officer a correctly completed affidavit, provided by the county clerk, that meets the
4005     requirements described in Subsection (5)(c).
4006          (b) The election officer shall ensure that the notice described in Subsection (5)(a)
4007     includes:
4008          (i) when communicating the notice by mail, a printed copy of the affidavit described in
4009     Subsection (5)(c) and a courtesy reply envelope;
4010          (ii) when communicating the notice electronically, a link to a copy of the affidavit
4011     described in Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
4012          (iii) when communicating the notice by phone, either during a direct conversation with
4013     the voter or in a voicemail, arrangements for the voter to receive a copy of the affidavit
4014     described in Subsection (5)(c), either in person from the clerk's office, by mail, or
4015     electronically.
4016          (c) An affidavit described in Subsection (5)(a)(ii)(C) shall include:
4017          (i) an attestation that the individual voted the ballot;
4018          (ii) a space for the individual to enter the individual's name, date of birth, and driver
4019     license number or the last four digits of the individual's social security number;
4020          (iii) a space for the individual to sign the affidavit;
4021          (iv) a statement that, by signing the affidavit, the individual authorizes the [lieutenant
4022     governor's] director's and county clerk's use of the individual's signature on the affidavit for
4023     voter identification purposes; and

4024          (v) a check box accompanied by language in substantially the following form: "I am a
4025     voter with a qualifying disability under the Americans with Disabilities Act that impacts my
4026     ability to sign my name consistently. I can provide appropriate documentation upon request. To
4027     discuss accommodations, I can be contacted at __________________".
4028          (d) In order for an individual described in Subsection (5)(a) to have the individual's
4029     ballot counted, the individual shall deliver the affidavit described in Subsection (5)(c) to the
4030     election officer.
4031          (e) An election officer who receives a signed affidavit under Subsection (5)(d) shall
4032     immediately:
4033          (i) scan the signature on the affidavit electronically and keep the signature on file in the
4034     statewide voter registration database developed under Section 20A-2-502;
4035          (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
4036     the day on which the canvass begins, count the individual's ballot; and
4037          (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
4038     rules described in Subsection (11)(c).
4039          (6) (a) The election officer shall, within two business days after the day on which an
4040     individual's ballot is rejected, notify the individual of the rejection and the reason for the
4041     rejection, by phone, mail, email, or SMS text message, unless:
4042          (i) the ballot is cured within one business day after the day on which the ballot is
4043     rejected; or
4044          (ii) the ballot is rejected because the ballot is received late or for another reason that
4045     cannot be cured.
4046          (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
4047     the election officer shall notify the individual of the rejection and the reason for the rejection by
4048     phone, mail, email, or SMS text message, within the later of:
4049          (i) 30 days after the day of the rejection; or
4050          (ii) 30 days after the day of the election.
4051          (c) The election officer may, when notifying an individual by phone under this
4052     Subsection (6), use auto-dial technology.
4053          (7) An election officer may not count the ballot of an individual whom the election
4054     officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days before the

4055     day on which the canvass begins, the election officer:
4056          (a) receives a signed affidavit from the individual under Subsection (5); or
4057          (b) (i) contacts the individual;
4058          (ii) if the election officer has reason to believe that an individual, other than the voter
4059     to whom the ballot was sent, signed the ballot affidavit, informs the individual that it is
4060     unlawful to sign a ballot affidavit for another person, even if the person gives permission;
4061          (iii) verifies the identity of the individual by:
4062          (A) requiring the individual to provide at least two types of personal identifying
4063     information for the individual;
4064          (B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
4065     relating to the individual that are in the possession or control of an election officer; and
4066          (iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
4067          (A) the name and voter identification number of the individual contacted;
4068          (B) the name of the individual who conducts the verification;
4069          (C) the date and manner of the communication;
4070          (D) the type of personal identifying information provided by the individual;
4071          (E) a description of the records against which the personal identifying information
4072     provided by the individual is compared and verified; and
4073          (F) other information required by the [lieutenant governor] director.
4074          (8) The election officer shall:
4075          (a) retain and preserve the return envelopes in the manner provided by law for the
4076     retention and preservation of ballots voted at that election;
4077          (b) retain and preserve the documentation described in Subsection (7)(b)(iv); and
4078          (c) if the election officer complies with Subsection (8)(b) by including the
4079     documentation in the voter's voter registration record, make, retain, and preserve a record of the
4080     name and voter identification number of each voter contacted under Subsection (7)(b).
4081          (9) (a) The election officer shall record the following in the database used to verify
4082     signatures:
4083          (i) any initial rejection of a ballot under Subsection (4)(c), within one business day
4084     after the day on which the election officer rejects the ballot; and
4085          (ii) any resolution of a rejection of a ballot under Subsection (7), within one business

4086     day after the day on which the ballot rejection is resolved.
4087          (b) An election officer shall include, in the canvass report, a final report of the
4088     disposition of all rejected and resolved ballots, including, for ballots rejected, the following:
4089          (i) the number of ballots rejected because the voter did not sign the voter's ballot; and
4090          (ii) the number of ballots rejected because the voter's signatures on the ballot, and in
4091     records on file, do not correspond.
4092          (10) Willful failure to comply with this section constitutes willful neglect of duty under
4093     Section 20A-5-701.
4094          (11) The [director of elections within the Office of the Lieutenant Governor] office
4095     shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4096     Act, to establish:
4097          (a) criteria and processes for use by poll workers in determining if a signature
4098     corresponds with the signature on file for the voter under Subsections (3)(a) and (4)(a)(i)(A);
4099          (b) training and certification requirements for election officers and employees of
4100     election officers regarding the criteria and processes described in Subsection (11)(a); and
4101          (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
4102     U.S.C. Secs. 12131 through 12165, an alternative means of verifying the identity of an
4103     individual who checks the box described in Subsection (5)(c)(v).
4104          (12) If, in response to a request, and in accordance with the requirements of law, an
4105     election officer discloses the name or address of voters whose ballots have been rejected and
4106     not yet resolved, the election officer shall:
4107          (a) make the disclosure within two business days after the day on which the request is
4108     made;
4109          (b) respond to each request in the order the requests were made; and
4110          (c) make each disclosure in a manner, and within a period of time, that does not reflect
4111     favoritism to one requestor over another.
4112          Section 61. Section 20A-3a-401.1 is amended to read:
4113          20A-3a-401.1. Ballot chain of custody.
4114          (1) As used in this section:
4115          (a) "Batch" means a grouping of a specified number of ballots:
4116          (i) that is assembled by poll workers, and given a number to distinguish the grouping

4117     from other groupings, when the ballots are first received for processing;
4118          (ii) that is kept together in the same grouping, and kept separate from other groupings,
4119     throughout ballot processing; and
4120          (iii) for which a log is kept to document the chain of custody of the grouping.
4121          (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a
4122     return envelope that a poll worker has not separated from a ballot, as follows:
4123          (i) starting with receiving the ballot;
4124          (ii) each step taken in relation to a ballot as part of conducting an election; and
4125          (iii) ending after the ballots are counted and stored.
4126          (2) An election officer shall preserve the chain of custody of all ballots in accordance
4127     with this section.
4128          (3) An election officer shall maintain an accurate, updated count of the number of
4129     ballots that the election officer:
4130          (a) mails or otherwise provides to a voter;
4131          (b) receives from a voter;
4132          (c) counts;
4133          (d) rejects;
4134          (e) resolves after rejecting; or
4135          (f) does not resolve after rejecting.
4136          (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll
4137     workers immediately count the number of ballots received and divide the ballots into batches.
4138          (5) The election officer shall ensure that:
4139          (a) ballots in each batch are kept separate from the ballots in other batches;
4140          (b) a ballot is not separated from a batch, except as necessary to the election process;
4141          (c) if a ballot is separated from a batch, the batch log indicates:
4142          (i) the ballot number;
4143          (ii) the date and time of removal;
4144          (iii) the identity of the individual who removes the ballot; and
4145          (iv) the reason the ballot is removed;
4146          (d) poll workers shall keep for each batch a log that includes:
4147          (i) a unique identifying code or number for the batch;

4148          (ii) the number of ballots in the batch;
4149          (iii) the date that the ballots were received; and
4150          (iv) for each occasion that the batches, or any of the ballots in the batches, are handled:
4151          (A) the date and time that the ballots are handled;
4152          (B) a description of what is done with the ballots;
4153          (C) the identity of the poll workers who handle the ballots; and
4154          (D) any other information required by rule under Subsection (7);
4155          (e) an election official who performs a ballot processing function performs the function
4156     in the presence of at least one other election official;
4157          (f) to the extent reasonably possible, the poll workers who perform a ballot processing
4158     function for a batch complete performing that function for the entire batch; and
4159          (g) each part of the processing of all ballots is monitored by recorded video, without
4160     audio.
4161          (6) An election officer shall:
4162          (a) keep the recordings described in Subsection (5)(g) until the later of:
4163          (i) the end of the calendar year in which the election was held; or
4164          (ii) if the election is contested, when the contest is resolved; and
4165          (b) ensure that a camera, a video, or a recording of a video described in Subsection
4166     (5)(g) may only be accessed:
4167          (i) by the election officer;
4168          (ii) by a custodian of the camera, video, or recording;
4169          (iii) by the [lieutenant governor] director;
4170          (iv) by the legislative auditor general, when performing an audit; or
4171          (v) by, or pursuant to an order of, a court of competent jurisdiction.
4172          (7) An individual may not view a video, or a recording of a video, described in
4173     Subsection (5)(g):
4174          (a) unless the individual is an individual described in Subsection (6)(b); and
4175          (b) the individual views the video to the extent necessary to:
4176          (i) ensure compliance with Subsection (5)(g) or (6); or
4177          (ii) investigate a concern relating to the processing of ballots.
4178          (8) The [director of elections within the Office of the Lieutenant Governor] office may

4179     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4180     establishing specific requirements and procedures for an election officer or poll worker to:
4181          (a) fulfill the chain of custody requirements described in this section;
4182          (b) perform the signature verification audits described in Section 20A-3a-402.5; and
4183          (c) comply with the reconciliation requirements described in Subsection
4184     20A-4-304(2)(h).
4185          Section 62. Section 20A-3a-401.5 is amended to read:
4186          20A-3a-401.5. Ballot tracking system.
4187          (1) As used in this section:
4188          (a) "Ballot tracking system" means the system described in this section to track and
4189     confirm the status of trackable ballots.
4190          (b) "Change in the status" includes:
4191          (i) when a trackable ballot is mailed to a voter;
4192          (ii) when an election official receives a voted trackable ballot; and
4193          (iii) when a voted trackable ballot is counted.
4194          (c) "Trackable ballot" means a manual ballot that is:
4195          (i) mailed to a voter in accordance with Section 20A-3a-202;
4196          (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
4197          (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
4198          (d) "Voter registration database" means the database, as defined in Section 20A-2-501.
4199          (2) The [lieutenant governor] director shall operate and maintain a statewide or locally
4200     based system to track and confirm when there is a change in the status of a trackable ballot.
4201          (3) If a voter elects to receive electronic notifications regarding the status of the voter's
4202     trackable ballot, the ballot tracking system shall, when there is a change in the status of the
4203     voter's trackable ballot:
4204          (a) send a text message notification to the voter if the voter's information in the voter
4205     registration database includes a mobile telephone number;
4206          (b) send an email notification to the voter if the voter's information in the voter
4207     registration database includes an email address; and
4208          (c) send a notification by another electronic means directed by the [lieutenant
4209     governor] director.

4210          (4) The [lieutenant governor] director shall ensure that the ballot tracking system and
4211     the state-provided website described in Section 20A-7-801 automatically share appropriate
4212     information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
4213     the state-provided website free of charge.
4214          (5) The ballot tracking system shall include a toll-free telephone number or other
4215     offline method by which a voter can confirm the status of the voter's trackable ballot.
4216          (6) The [lieutenant governor] director shall ensure that the ballot tracking system:
4217          (a) is secure from unauthorized use by employing data encryption or other security
4218     measures; and
4219          (b) is only used for the purposes described in this section.
4220          Section 63. Section 20A-3a-402 is amended to read:
4221          20A-3a-402. Custody of ballots voted at a polling place -- Disposition -- Counting
4222     ballots -- Release of tally.
4223          (1) (a) For ballots voted at a polling place:
4224          (b) the election officer shall deliver all return envelopes containing valid ballots and
4225     valid provisional ballots that are in the election officer's custody to the counting center before
4226     noon on the day of the official canvass following the election;
4227          (c) valid ballots, including valid provisional ballots, may be processed and counted:
4228          (i) by the election officer, or poll workers acting under the supervision of the election
4229     officer, before the date of the canvass; and
4230          (ii) at the canvass, by the election officer or poll workers, acting under the supervision
4231     of the official canvassers of the election;
4232          (d) when processing ballots, the election officer and poll workers shall comply with the
4233     procedures and requirements of Section 20A-3a-401 in opening envelopes, verifying
4234     signatures, confirming eligibility of the ballots, and depositing ballots in preparation for
4235     counting; and
4236          (e) all valid ballots, including valid provisional ballots have been deposited, the ballots
4237     shall be counted in the usual manner.
4238          (2) (a) After the polls close on the date of the election, the election officer shall
4239     publicly release the results of all ballots, including provisional ballots, that have been counted
4240     on or before the date of the election.

4241          (b) Except as provided in Subsection (2)(c), on each day, beginning on the day after the
4242     date of the election and ending on the day before the date of the canvass, the election officer
4243     shall publicly release the results of all ballots, including provisional ballots, counted on that
4244     day.
4245          (c) (i) If complying with Subsection (2)(b) on a particular day will likely result in
4246     disclosing a vote cast by an individual voter, the election officer shall request permission from
4247     the [lieutenant governor] director to delay compliance for the minimum number of days
4248     necessary to protect against disclosure of the voter's vote.
4249          (ii) The [lieutenant governor] director shall grant a request made under Subsection
4250     (2)(c)(i) if the [lieutenant governor] director finds that the delay is necessary to protect against
4251     disclosure of a voter's vote.
4252          (d) On the date of the canvass, the election officer shall provide a tally of all ballots,
4253     including provisional ballots, counted, and the resulting tally shall be added to the official
4254     canvass of the election.
4255          Section 64. Section 20A-3a-402.5 is amended to read:
4256          20A-3a-402.5. Signature verification audits.
4257          (1) An election officer shall, in accordance with this section and rules made under
4258     Section 20A-3a-106, conduct regular audits of signature comparisons made between signatures
4259     on envelopes and voter signatures maintained by the election officer.
4260          (2) An individual who conducts an audit of signature comparisons may not audit the
4261     individual's own work.
4262          (3) Before separating ballots from return envelopes, the election officer shall:
4263          (a) audit 1% of all signature comparisons of the envelopes to be separated to determine
4264     the accuracy of the comparisons made; and
4265          (b) provide additional training or staff reassignments, as needed, based on the results of
4266     the audit.
4267          (4) An election officer shall submit to the [lieutenant governor] director and the board
4268     of canvassers a record of:
4269          (a) the audits performed under this section;
4270          (b) the results of the audits; and
4271          (c) any remedial action taken.

4272          Section 65. Section 20A-3a-404 is amended to read:
4273          20A-3a-404. Rules regarding ballot security -- Affidavit of compliance.
4274          (1) The [director of elections within the Office of the Lieutenant Governor] office shall
4275     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4276     establishing requirements for election officials regarding ballot security, including the custody,
4277     documentation of custody, handling, processing, disposition, and tabulation of ballots.
4278          (2) Beginning in November 2022, an election officer shall include, with all election
4279     returns provided to a board of canvassers, an affidavit, signed by the election officer, certifying:
4280          (a) compliance with the rules described in Subsection (1); and
4281          (b) that the county clerk maintains the voter registration database in accordance with
4282     federal and state laws and rules.
4283          Section 66. Section 20A-3a-601 is amended to read:
4284          20A-3a-601. Early voting.
4285          (1) Except as provided in Section 20A-7-609.5:
4286          (a) an individual who is registered to vote may vote at a polling place before the
4287     election date in accordance with this section; and
4288          (b) except as provided in Subsection [20A-2-207(6)] 20A-2-207(5), an individual who
4289     is not registered to vote may register to vote and vote at a polling place before the election date
4290     in accordance with this section if the individual:
4291          (i) is otherwise legally entitled to vote the ballot; and
4292          (ii) casts a provisional ballot in accordance with Section 20A-2-207.
4293          (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period:
4294          (a) begins on the date that is 14 days before the date of the election; and
4295          (b) continues through the Friday before the election if the election date is a Tuesday.
4296          (3) (a) An election officer may extend the end of the early voting period to the day
4297     before the election date if the election officer provides notice of the extension in accordance
4298     with Section 20A-3a-604.
4299          (b) For a municipal election, the municipal clerk may reduce the early voting period
4300     described in this section if:
4301          (i) the municipal clerk conducts early voting on at least four days;
4302          (ii) the early voting days are within the period beginning on the date that is 14 days

4303     before the date of the election and ending on the day before the election; and
4304          (iii) the municipal clerk provides notice of the reduced early voting period in
4305     accordance with Section 20A-3a-604.
4306          (c) For a county election, the county clerk may reduce the early voting period described
4307     in this section if:
4308          (i) the county clerk conducts early voting on at least four days;
4309          (ii) the early voting days are within the period beginning on the date that is 14 days
4310     before the date of the election and ending on the day before the election; and
4311          (iii) the county clerk provides notice of the reduced early voting period in accordance
4312     with Section 20A-3a-604.
4313          (4) Except as provided in Section 20A-1-308, during the early voting period, the
4314     election officer:
4315          (a) for a local special election, a municipal primary election, and a municipal general
4316     election:
4317          (i) shall conduct early voting on a minimum of four days during each week of the early
4318     voting period; and
4319          (ii) shall conduct early voting on the last day of the early voting period; and
4320          (b) for all other elections:
4321          (i) shall conduct early voting on each weekday; and
4322          (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
4323          (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
4324     early voting shall be administered in accordance with the requirements of this title.
4325          Section 67. Section 20A-3a-603 is amended to read:
4326          20A-3a-603. Early voting polling places.
4327          (1) Except as provided in Section 20A-1-308 or 20A-7-609.5, the election officer shall
4328     designate one or more polling places for early voting, as follows:
4329          (a) at least one polling place shall be open on each day that polls are open during the
4330     early voting period;
4331          (b) each polling place shall comply with the requirements for polling places under
4332     Chapter 5, Election Administration;
4333          (c) for all elections other than local special elections, municipal primary elections, and

4334     municipal general elections, at least 10% of the voting devices at a polling place shall be
4335     accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
4336     America Vote Act of 2002; and
4337          (d) each polling place shall be located in a government building or office, unless the
4338     election officer determines that, in the area designated by the election officer, there is no
4339     government building or office available that:
4340          (i) can be scheduled for use during early voting hours;
4341          (ii) has the physical facilities necessary to accommodate early voting requirements;
4342          (iii) has adequate space for voting equipment, poll workers, and voters; and
4343          (iv) has adequate security, public accessibility, and parking.
4344          (2) (a) Except as provided in Section 20A-1-308, the election officer may, after the
4345     deadline described in Section 20A-3a-604:
4346          (i) if necessary, change the location of an early voting place; or
4347          (ii) if the election officer determines that the number of early voting polling places is
4348     insufficient due to the number of registered voters who are voting, designate additional polling
4349     places during the early voting period.
4350          (b) Except as provided in Section 20A-1-308, if an election officer changes the
4351     location of an early voting polling place or designates an additional early voting polling place,
4352     the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
4353     location of the changed early voting polling place or the additional early voting polling place:
4354          (i) to the [lieutenant governor] director, for posting on the Statewide Voter Information
4355     Website;
4356          (ii) by posting the information on the website of the election officer, if available; and
4357          (iii) by posting notice:
4358          (A) for a change in the location of an early voting polling place, at the new location
4359     and, if possible, the old location; and
4360          (B) for an additional early voting polling place, at the additional early voting polling
4361     place.
4362          (3) Except as provided in Section 20A-1-308, for each regular general election and
4363     regular primary election, counties of the first class shall ensure that the early voting polling
4364     places are approximately proportionately distributed based on population within the county.

4365          Section 68. Section 20A-3a-703 is amended to read:
4366          20A-3a-703. Election day voting centers as polling places -- Location --
4367     Notification.
4368          (1) The election officer may designate one or more polling places as an election day
4369     voting center if:
4370          (a) except as provided in Subsection (2), the election officer notifies the [lieutenant
4371     governor] director of the designation and location of the election day voting center at least 15
4372     days before the election;
4373          (b) the polling place meets the requirements for a polling place under Chapter 5,
4374     Election Administration; and
4375          (c) the polling place is located in a government building or office, unless the election
4376     officer determines that there is no government building or office available, in the area
4377     designated by the election officer, that:
4378          (i) can be scheduled for use during election day voting hours;
4379          (ii) has the physical facilities necessary to accommodate election day voting
4380     requirements;
4381          (iii) has adequate space for voting equipment, poll workers, and voters; and
4382          (iv) has adequate security, public accessibility, and parking.
4383          (2) (a) The election officer may, after the deadline described in Subsection (1)(a):
4384          (i) if necessary, change the location of an election day voting center; or
4385          (ii) if the election officer determines that the number of election day voting centers is
4386     insufficient due to the number of registered voters who are voting, designate additional election
4387     day voting centers.
4388          (b) Except as provided in Section 20A-1-308, if an election officer changes the
4389     location of an election day voting center or designates an additional election day voting center,
4390     the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
4391     location of the changed election day voting center or the additional election day voting center:
4392          (i) to the [lieutenant governor] director, for posting on the Statewide Electronic Voter
4393     Information Website;
4394          (ii) by posting the information on the website of the election officer, if available; and
4395          (iii) by posting notice:

4396          (A) of a change in the location of an election day voting center, at the new location
4397     and, if possible, the old location; and
4398          (B) of an additional election day voting center, at the additional election day voting
4399     center.
4400          Section 69. Section 20A-3a-801 is amended to read:
4401          20A-3a-801. Watchers.
4402          (1) As used in this section, "administering election officer" means:
4403          (a) the election officer; or
4404          (b) if the election officer is the [lieutenant governor] director, the county clerk of the
4405     county in which an individual will act as a watcher.
4406          (2) (a) Any individual who is registered or preregistered to vote in Utah may become a
4407     watcher in an election at any time by registering as a watcher with the administering election
4408     officer.
4409          (b) An individual who registers under Subsection (2)(a) is not required to be certified
4410     by a person under Subsection (3) in order to act as a watcher.
4411          (c) An individual who registers as a watcher shall notify the administering election
4412     officer of the dates, times, and locations that the individual intends to act as a watcher.
4413          (d) An election official may not prohibit a watcher from performing a function
4414     described in Subsection (4) because the watcher did not provide the notice described in
4415     Subsection (2)(c).
4416          (e) An administering election officer shall provide a copy of this section, or
4417     instructions on how to access an electronic copy of this section, to a watcher at the time the
4418     watcher registers under this Subsection (2).
4419          (3) (a) A person that is a candidate whose name will appear on the ballot, a qualified
4420     write-in candidate for the election, a registered political party, or a political issues committee
4421     may certify an individual as an official watcher for the person:
4422          (i) by filing an affidavit with the administering election officer responsible to designate
4423     an individual as an official watcher for the certifying person; and
4424          (ii) if the individual registers as a watcher under Subsection (2)(a).
4425          (b) A watcher who is certified by a person under Subsection (3)(a) may not perform the
4426     same function described in Subsection (4) at the same time and in the same location as another

4427     watcher who is certified by that person.
4428          (c) A watcher who is certified by a person under Subsection (3)(a) may designate
4429     another individual to serve in the watcher's stead during the watcher's temporary absence by
4430     filing with a poll worker an affidavit that designates the individual as a temporary replacement.
4431          (4) A watcher may:
4432          (a) observe the setup or takedown of a polling place;
4433          (b) observe a voter checking in at a polling place;
4434          (c) observe the collection, receipt, and processing of a ballot, including a provisional
4435     ballot or a ballot cast by a covered voter as defined in Section 20A-16-102;
4436          (d) observe the transport or transmission of a ballot that is in an election official's
4437     custody;
4438          (e) observe the opening and inspection of a manual ballot;
4439          (f) observe ballot replication;
4440          (g) observe the conduct of logic and accuracy testing described in Section 20A-5-802;
4441          (h) observe ballot tabulation;
4442          (i) observe the process of storing and securing a ballot;
4443          (j) observe a post-election audit;
4444          (k) observe a canvassing board meeting described in Title 20A, Chapter 4, Part 3,
4445     Canvassing Returns;
4446          (l) observe the certification of the results of an election;
4447          (m) observe a recount; or
4448          (n) observe signature verification.
4449          (5) An administering election officer shall:
4450          (a) permit uniform, nondiscriminatory access for a watcher to observe each stage of an
4451     election process;
4452          (b) establish locations for a watcher to observe an event described in Subsection (4),
4453     other than an event described in Subsection (4)(d) or (k), from no further than six feet away;
4454     and
4455          (c) except for a county of the fourth, fifth, or sixth class, for any ballot adjudication, or
4456     upload of votes from a voting machine or scanner, that is conducted on a computer screen,
4457     project the activity onto a screen that is large enough to be viewed by each watcher.

4458          (6) (a) A watcher may not:
4459          (i) record an activity described in Subsection (4) if the recording would reveal a vote or
4460     otherwise violate a voter's privacy or a voter's right to cast a secret ballot;
4461          (ii) interfere with an activity described in Subsection (4), except to challenge an
4462     individual's eligibility to vote under Section 20A-3a-803; or
4463          (iii) divulge information related to the number of votes counted, tabulated, or cast for a
4464     candidate or ballot proposition until after the election officer makes the information public.
4465          (b) A person who violates Subsection (6)(a)(iii) is guilty of a third degree felony.
4466          (7) (a) Notwithstanding Subsection (2)(a) or (4), in order to maintain a safe working
4467     environment for an election official or to protect the safety or security of a ballot, an
4468     administering election officer may take reasonable action to:
4469          (i) limit the number of watchers at a single location;
4470          (ii) remove a watcher for violating a provision of this section;
4471          (iii) remove a watcher for interfering with an activity described in Subsection (4);
4472          (iv) designate areas for a watcher to reasonably observe the activities described in
4473     Subsection (4); or
4474          (v) ensure that a voter's ballot secrecy is protected throughout the watching process.
4475          (b) If an administering election officer limits the number of watchers at a single
4476     location under Subsection (6)(a)(i), the administering election officer shall give preferential
4477     access to the location to a watcher designated under Subsection (3).
4478          (c) An administering election officer may provide a watcher a badge that identifies the
4479     watcher and require the watcher to wear the badge while acting as a watcher.
4480          Section 70. Section 20A-4-101 is amended to read:
4481          20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
4482     polling place on day of election before polls close.
4483          (1) Each county legislative body, municipal legislative body, and each poll worker
4484     shall comply with the requirements of this section when counting manual ballots on the day of
4485     an election, if:
4486          (a) the ballots are cast at a polling place; and
4487          (b) the ballots are counted at the polling place before the polls close.
4488          (2) (a) Each county legislative body or municipal legislative body shall provide:

4489          (i) two sets of ballot boxes for all voting precincts where both receiving and counting
4490     judges have been appointed; and
4491          (ii) a counting room for the use of the poll workers counting the ballots during the day.
4492          (b) At any election in any voting precinct in which both receiving and counting judges
4493     have been appointed, when at least 20 votes have been cast, the receiving judges shall:
4494          (i) close the first ballot box and deliver it to the counting judges; and
4495          (ii) prepare and use another ballot box to receive voted ballots.
4496          (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
4497     judges shall:
4498          (i) take the ballot box to the counting room;
4499          (ii) count the votes on the regular ballots in the ballot box;
4500          (iii) place the provisional ballot envelopes in the envelope or container provided for
4501     them for return to the election officer; and
4502          (iv) when they have finished counting the votes in the ballot box, return the emptied
4503     box to the receiving judges.
4504          (d) (i) During the course of election day, whenever there are at least 20 ballots
4505     contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
4506     judges for counting; and
4507          (ii) the counting judges shall immediately count the regular ballots and segregate the
4508     provisional ballots contained in that box.
4509          (e) The counting judges shall continue to exchange the ballot boxes and count ballots
4510     until the polls close.
4511          (f) (i) The [director of elections within the Office of the Lieutenant Governor] office
4512     shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4513     Act, describing the procedures that a counting judge is required to follow for counting ballots
4514     in an instant runoff voting race under Part 6, Municipal Alternate Voting Methods Pilot
4515     Project.
4516          (ii) When counting ballots in an instant runoff voting race described in Part 6,
4517     Municipal Alternate Voting Methods Pilot Project, a counting judge shall comply with the
4518     procedures established under Subsection (2)(f)(i) and Part 6, Municipal Alternate Voting
4519     Methods Pilot Project.

4520          (3) To resolve questions that arise during the counting of ballots, a counting judge shall
4521     apply the standards and requirements of:
4522          (a) to the extent applicable, Section 20A-4-105; and
4523          (b) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
4524     Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).
4525          Section 71. Section 20A-4-102 is amended to read:
4526          20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
4527     polling place on day of election after polls close.
4528          (1) (a) This section governs counting manual ballots on the day of an election, if:
4529          (i) the ballots are cast at a polling place; and
4530          (ii) the ballots are counted at the polling place after the polls close.
4531          (b) Except as provided in Subsection (2) or a rule made under Subsection
4532     20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
4533     the election judges shall count the ballots by performing the tasks specified in this section in
4534     the order that they are specified.
4535          (c) To resolve questions that arise during the counting of ballots, a counting judge shall
4536     apply the standards and requirements of:
4537          (i) to the extent applicable, Section 20A-4-105; and
4538          (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
4539     Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).
4540          (2) (a) First, the election judges shall count the number of ballots in the ballot box.
4541          (b) (i) If there are more ballots in the ballot box than there are names entered in the
4542     pollbook, the judges shall examine the official endorsements on the ballots.
4543          (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
4544     official endorsement, the judges shall put those ballots in an excess ballot file and not count
4545     them.
4546          (c) (i) If, after examining the official endorsements, there are still more ballots in the
4547     ballot box than there are names entered in the pollbook, the judges shall place the remaining
4548     ballots back in the ballot box.
4549          (ii) One of the judges, without looking, shall draw a number of ballots equal to the
4550     excess from the ballot box.

4551          (iii) The judges shall put those excess ballots into the excess ballot envelope and not
4552     count them.
4553          (d) When the ballots in the ballot box equal the number of names entered in the
4554     pollbook, the judges shall count the votes.
4555          (3) The judges shall:
4556          (a) place all unused ballots in the envelope or container provided for return to the
4557     county clerk or city recorder; and
4558          (b) seal that envelope or container.
4559          (4) The judges shall:
4560          (a) place all of the provisional ballot envelopes in the envelope provided for them for
4561     return to the election officer; and
4562          (b) seal that envelope or container.
4563          (5) (a) In counting the votes, the election judges shall read and count each ballot
4564     separately.
4565          (b) In regular primary elections the judges shall:
4566          (i) count the number of ballots cast for each party;
4567          (ii) place the ballots cast for each party in separate piles; and
4568          (iii) count all the ballots for one party before beginning to count the ballots cast for
4569     other parties.
4570          (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
4571     Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
4572     20A-4-101(2)(f)(i):
4573          (i) count one vote for each candidate designated by the marks in the squares next to the
4574     candidate's name;
4575          (ii) count each vote for each write-in candidate who has qualified by filing a
4576     declaration of candidacy under Section 20A-9-601;
4577          (iii) read every name marked on the ballot and mark every name upon the tally sheets
4578     before another ballot is counted;
4579          (iv) evaluate each ballot and each vote based on the standards and requirements of
4580     Section 20A-4-105;
4581          (v) write the word "spoiled" on the back of each ballot that lacks the official

4582     endorsement and deposit it in the spoiled ballot envelope; and
4583          (vi) read, count, and record upon the tally sheets the votes that each candidate and
4584     ballot proposition received from all ballots, except excess or spoiled ballots.
4585          (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
4586     persons clearly not eligible to qualify for office.
4587          (c) The judges shall certify to the accuracy and completeness of the tally list in the
4588     space provided on the tally list.
4589          (d) When the judges have counted all of the voted ballots, they shall record the results
4590     on the total votes cast form.
4591          (7) (a) Except as provided in Subsection (7)(b), only an election judge and a watcher
4592     may be present at the place where counting is conducted until the count is completed.
4593          (b) (i) An auditor conducting an audit described in Section 36-12-15.2 may be present
4594     at the place where counting is conducted, regardless of whether the count is completed.
4595          (ii) The [lieutenant governor] director may be present at the place where counting is
4596     conducted, regardless of whether the count is completed.
4597          Section 72. Section 20A-4-104 is amended to read:
4598          20A-4-104. Counting ballots electronically -- Notice of testing tabulating
4599     equipment.
4600          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
4601     election officer shall test the automatic tabulating equipment to ensure that it will accurately
4602     count the votes cast for all offices and all measures.
4603          (b) The election officer shall provide public notice of the time and place of the test by
4604     publishing the notice, as a class A notice under Section 63G-30-102, for the county,
4605     municipality, or jurisdiction where the equipment is used, for at least 10 days before the day of
4606     the test.
4607          (c) The election officer shall conduct the test by processing a preaudited group of
4608     ballots.
4609          (d) The election officer shall ensure that:
4610          (i) a predetermined number of valid votes for each candidate and measure are recorded
4611     on the ballots;
4612          (ii) for each office, one or more ballots have votes in excess of the number allowed by

4613     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
4614          (iii) a different number of valid votes are assigned to each candidate for an office, and
4615     for and against each measure.
4616          (e) If any error is detected, the election officer shall determine the cause of the error
4617     and correct it.
4618          (f) The election officer shall ensure that:
4619          (i) the automatic tabulating equipment produces an errorless count before beginning
4620     the actual counting; and
4621          (ii) before the election returns are approved as official , the automatic tabuating
4622     equipment passes a post election audit conducted in accordance with the rules described in
4623     Subsection 20A-1-108(1).
4624          (2) (a) The election officer or the election officer's designee shall supervise and direct
4625     all proceedings at the counting center.
4626          (b) (i) Proceedings at the counting center are public and may be observed by interested
4627     persons.
4628          (ii) Only those persons authorized to participate in the count may touch any ballot or
4629     return.
4630          (c) The election officer shall deputize and administer an oath or affirmation to all
4631     persons who are engaged in processing and counting the ballots that they will faithfully
4632     perform their assigned duties.
4633          (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
4634     automatic tabulating equipment, the election officer shall ensure that two counting judges
4635     jointly:
4636          (i) make a true replication of the ballot with an identifying serial number;
4637          (ii) substitute the replicated ballot for the damaged or defective ballot;
4638          (iii) label the replicated ballot "replicated"; and
4639          (iv) record the replicated ballot's serial number on the damaged or defective ballot.
4640          (b) The [lieutenant governor] director shall provide to each election officer a standard
4641     form on which the election officer shall maintain a log of all replicated ballots, that includes,
4642     for each ballot:
4643          (i) the serial number described in Subsection (3)(a);

4644          (ii) the identification of the individuals who replicated the ballot;
4645          (iii) the reason for the replication; and
4646          (iv) any other information required by the [lieutenant governor] director.
4647          (c) An election officer shall:
4648          (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
4649     ballots are replicated;
4650          (ii) at the end of each day during which one or more ballots are replicated, make an
4651     electronic copy of the log; and
4652          (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
4653          (4) The election officer may:
4654          (a) conduct an unofficial count before conducting the official count in order to provide
4655     early unofficial returns to the public;
4656          (b) release unofficial returns from time to time after the polls close; and
4657          (c) report the progress of the count for each candidate during the actual counting of
4658     ballots.
4659          (5) Beginning on the day after the date of the election, if an election officer releases
4660     early unofficial returns or reports the progress of the count for each candidate under Subsection
4661     (4), the election officer shall, with each release or report, disclose an estimate of the total
4662     number of voted ballots in the election officer's custody that have not yet been counted.
4663          (6) The election officer shall review and evaluate the provisional ballot envelopes and
4664     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
4665          (7) (a) The election officer or the election officer's designee shall:
4666          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
4667          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
4668          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
4669     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
4670     count the valid write-in vote as being the obvious intent of the voter.
4671          (8) (a) The election officer shall certify the return printed by the automatic tabulating
4672     equipment, to which have been added write-in and absentee votes, as the official return of each
4673     voting precinct.
4674          (b) Upon completion of the count, the election officer shall make official returns open

4675     to the public.
4676          (9) If for any reason it becomes impracticable to count all or a part of the ballots with
4677     tabulating equipment, the election officer may direct that they be counted manually according
4678     to the procedures and requirements of this part.
4679          (10) After the count is completed, the election officer shall seal and retain the
4680     programs, test materials, and ballots as provided in Section 20A-4-202.
4681          Section 73. Section 20A-4-106 is amended to read:
4682          20A-4-106. Manual ballots -- Sealing.
4683          (1) After the official canvas of an election, the election officer shall store all election
4684     returns in containers that identify the containers' contents.
4685          (2) After the ballots are stored under Subsection (1), the ballots may not be examined
4686     by anyone, except as follows:
4687          (a) when examined during a recount conducted under the authority of Section
4688     20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;
4689          (b) an auditor conducting an audit described in Section 36-12-15.2 may examine the
4690     ballots:
4691          (i) if the audit uncovers evidence that raises a substantial doubt regarding the accuracy
4692     of the results of an election, the auditor may examine the ballots until the later of:
4693          (A) the end of the calendar year in which the election was held; or
4694          (B) if the election is contested, when the contest is resolved; or
4695          (ii) at any time via a subpoena or other legal process; or
4696          (c) the [lieutenant governor] director may examine the ballots:
4697          (i) until the later of:
4698          (A) the end of the calendar year in which the election was held; or
4699          (B) if the election is contested, when the contest is resolved; or
4700          (ii) at any time via a subpoena or other legal process.
4701          Section 74. Section 20A-4-109 is amended to read:
4702          20A-4-109. Ballot reconciliation -- Rulemaking authority.
4703          (1) In accordance with this section and rules made under Subsection (2), an election
4704     officer whose office processes ballots shall:
4705          (a) conduct ballot reconciliations every time ballots are tabulated;

4706          (b) conduct a final ballot reconciliation when an election officer concludes processing
4707     all ballots;
4708          (c) document each ballot reconciliation;
4709          (d) publicly release the results of each ballot reconciliation; and
4710          (e) in conducting ballot reconciliations:
4711          (i) ensure that the number of ballots received for processing, the number of ballots
4712     processed, and the number of voters given credit for voting, are equal; or
4713          (ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and
4714     explain the differences in the numbers.
4715          (2) The [director of elections within the Office of the Lieutenant Governor] office may
4716     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4717     establishing procedures and requirements for conducting, documenting, and publishing a ballot
4718     reconciliation.
4719          Section 75. Section 20A-4-202 is amended to read:
4720          20A-4-202. Election officers -- Disposition of ballots -- Release of number of
4721     provisional ballots cast.
4722          (1) Upon receipt of the election returns from the poll workers, the election officer shall:
4723          (a) ensure that the poll workers have provided all of the ballots and election returns;
4724          (b) inspect the ballots and election returns to ensure that they are sealed;
4725          (c) for manual ballots, deposit and lock the ballots and election returns in a safe and
4726     secure place;
4727          (d) for mechanical ballots:
4728          (i) count the ballots; and
4729          (ii) deposit and lock the ballots and election returns in a safe and secure place; and
4730          (e) for bond elections, provide a copy of the election results to the board of canvassers
4731     of the local political subdivision that called the bond election.
4732          (2) Each election officer shall:
4733          (a) before 5 p.m. on the day after the date of the election, determine the number of
4734     provisional ballots cast within the election officer's jurisdiction and make that number available
4735     to the public;
4736          (b) preserve ballots for 22 months after the election or until the time has expired during

4737     which the ballots could be used in an election contest;
4738          (c) preserve all other official election returns for at least 22 months after an election;
4739     and
4740          (d) after that time, destroy them without opening or examining them.
4741          (3) (a) The election officer shall package and retain all tabulating cards and other
4742     materials used in the programming of the automatic tabulating equipment.
4743          (b) The election officer:
4744          (i) may access these tabulating cards and other materials;
4745          (ii) may make copies of these materials and make changes to the copies;
4746          (iii) may not alter or make changes to the materials themselves; and
4747          (iv) within 22 months after the election in which they were used, may dispose of those
4748     materials or retain them.
4749          (4) (a) If an election contest is begun within 12 months, the election officer shall,
4750     except as provided in Subsection (4)(c):
4751          (i) keep the ballots and election returns unopened and unaltered until the contest is
4752     complete; or
4753          (ii) surrender the ballots and election returns to the custody of the court having
4754     jurisdiction of the contest when ordered or subpoenaed to do so by that court.
4755          (b) Except as provided in Subsection (4)(c), when all election contests arising from an
4756     election are complete, the election officer shall either:
4757          (i) retain the ballots and election returns until the time for preserving them under this
4758     section has run; or
4759          (ii) destroy the ballots and election returns remaining in the election officer's custody
4760     without opening or examining them if the time for preserving them under this section has run.
4761          (c) (i) An auditor conducting an audit described in Section 36-12-15.2 may examine
4762     the ballots and election returns described in this Subsection (4).
4763          (ii) The [lieutenant governor] director may examine the ballots and election returns
4764     described in this Subsection (4).
4765          (5) (a) Notwithstanding the provisions of this section, the legislative auditor general:
4766          (i) may make and keep copies of ballots or election returns as part of a legislative audit;
4767     and

4768          (ii) may not examine, make copies, or keep copies, of a ballot in a manner that
4769     identifies a ballot with the voter who casts the ballot.
4770          (b) A copy described in Subsection (5)(a) is not a record, and not subject to disclosure,
4771     under Title 63G, Chapter 2, Government Records Access and Management Act.
4772          Section 76. Section 20A-4-304 is amended to read:
4773          20A-4-304. Declaration of results -- Canvassers' report.
4774          (1) Each board of canvassers shall:
4775          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
4776     declare "elected" or "nominated" those persons who:
4777          (i) had the highest number of votes; and
4778          (ii) sought election or nomination to an office completely within the board's
4779     jurisdiction;
4780          (b) declare:
4781          (i) "approved" those ballot propositions that:
4782          (A) had more "yes" votes than "no" votes; and
4783          (B) were submitted only to the voters within the board's jurisdiction; or
4784          (ii) "rejected" those ballot propositions that:
4785          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
4786     votes; and
4787          (B) were submitted only to the voters within the board's jurisdiction;
4788          (c) certify the vote totals for persons and for and against ballot propositions that were
4789     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
4790     the [lieutenant governor] director; and
4791          (d) if applicable, certify the results of each special district election to the special district
4792     clerk.
4793          (2) The election officer shall submit a report to the board of canvassers that includes
4794     the following information:
4795          (a) the total number of votes cast in the board's jurisdiction;
4796          (b) the names of each candidate whose name appeared on the ballot;
4797          (c) the title of each ballot proposition that appeared on the ballot;
4798          (d) each office that appeared on the ballot;

4799          (e) from each voting precinct:
4800          (i) the number of votes for each candidate;
4801          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
4802     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
4803     potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
4804     phase; and
4805          (iii) the number of votes for and against each ballot proposition;
4806          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
4807     and against each ballot proposition;
4808          (g) standardized statistics, on a form provided by the [lieutenant governor] director,
4809     disclosing:
4810          (i) the number of ballots counted;
4811          (ii) provisional ballots; and
4812          (iii) the number of ballots rejected;
4813          (h) a final ballot reconciliation report;
4814          (i) other information required by law to be provided to the board of canvassers; and
4815          (j) a statement certifying that the information contained in the report is accurate.
4816          (3) The election officer and the board of canvassers shall:
4817          (a) review the report to ensure that the report is correct; and
4818          (b) sign the report.
4819          (4) The election officer shall:
4820          (a) record or file the certified report in a book kept for that purpose;
4821          (b) prepare and transmit a certificate of nomination or election under the officer's seal
4822     to each nominated or elected candidate;
4823          (c) publish a copy of the certified report in accordance with Subsection (5); and
4824          (d) file a copy of the certified report with the [lieutenant governor] director.
4825          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
4826     days after the day on which the board of canvassers declares the election results, publicize the
4827     certified report described in Subsection (2) for the jurisdiction, as a class A notice under
4828     Section 63G-30-102, for at least seven days.
4829          (6) Instead of including a copy of the entire certified report, a notice required under

4830     Subsection (5) may contain a statement that:
4831          (a) includes the following: "The Board of Canvassers for [indicate name of
4832     jurisdiction] has prepared a report of the election results for the [indicate type and date of
4833     election]."; and
4834          (b) specifies the following sources where an individual may view or obtain a copy of
4835     the entire certified report:
4836          (i) if the jurisdiction has a website, the jurisdiction's website;
4837          (ii) the physical address for the jurisdiction; and
4838          (iii) a mailing address and telephone number.
4839          (7) When there has been a regular general or a statewide special election for statewide
4840     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
4841     or more county ballot proposition, each board of canvassers shall:
4842          (a) prepare a separate report detailing the number of votes for each candidate and the
4843     number of votes for and against each ballot proposition; and
4844          (b) transmit the separate report by registered mail to the [lieutenant governor] director.
4845          (8) In each county election, municipal election, school election, special district
4846     election, and local special election, the election officer shall transmit the reports to the
4847     [lieutenant governor] director within 14 days after the date of the election.
4848          (9) In a regular primary election and in a presidential primary election, the board shall
4849     transmit to the [lieutenant governor] director:
4850          (a) the county totals for multi-county races, to be telephoned or faxed to the [lieutenant
4851     governor] director not later than the second Tuesday after the election; and
4852          (b) a complete tabulation showing voting totals for all primary races, precinct by
4853     precinct, to be mailed to the [lieutenant governor] director on or before the third Friday
4854     following the primary election.
4855          Section 77. Section 20A-4-306 is amended to read:
4856          20A-4-306. Statewide canvass.
4857          (1) (a) The state board of canvassers shall convene:
4858          (i) on the fourth Monday of November, at noon; or
4859          (ii) at noon on the day following the receipt by the [lieutenant governor] director of the
4860     last of the returns of a statewide special election.

4861          (b) The state auditor, the state treasurer, and the attorney general are the state board of
4862     canvassers.
4863          (c) Attendance of all members of the state board of canvassers is required to constitute
4864     a quorum for conducting the canvass.
4865          (2) (a) The state board of canvassers shall:
4866          (i) meet in the [lieutenant governor's] office; and
4867          (ii) compute and determine the vote for officers and for and against any ballot
4868     propositions voted upon by the voters of the entire state or of two or more counties.
4869          (b) The [lieutenant governor] director, as secretary of the board shall file a report in the
4870     [lieutenant governor's] office that details:
4871          (i) for each statewide officer and ballot proposition:
4872          (A) the name of the statewide office or ballot proposition that appeared on the ballot;
4873          (B) the candidates for each statewide office whose names appeared on the ballot, plus
4874     any recorded write-in candidates;
4875          (C) the number of votes from each county cast for each candidate and for and against
4876     each ballot proposition;
4877          (D) the total number of votes cast statewide for each candidate and for and against each
4878     ballot proposition; and
4879          (E) the total number of votes cast statewide; and
4880          (ii) for each officer or ballot proposition voted on in two or more counties:
4881          (A) the name of each of those offices and ballot propositions that appeared on the
4882     ballot;
4883          (B) the candidates for those offices, plus any recorded write-in candidates;
4884          (C) the number of votes from each county cast for each candidate and for and against
4885     each ballot proposition; and
4886          (D) the total number of votes cast for each candidate and for and against each ballot
4887     proposition.
4888          (c) The [lieutenant governor] director shall:
4889          (i) prepare certificates of election for:
4890          (A) each successful candidate; and
4891          (B) each of the presidential electors of the candidate for president who received a

4892     majority of the votes;
4893          (ii) authenticate each certificate with the [lieutenant governor's seal] director's
4894     signature; and
4895          (iii) deliver a certificate of election to:
4896          (A) each candidate who had the highest number of votes for each office; and
4897          (B) each of the presidential electors of the candidate for president who received a
4898     majority of the votes.
4899          (3) If the [lieutenant governor] director has not received election returns from all
4900     counties on the fifth day before the day designated for the meeting of the state board of
4901     canvassers, the [lieutenant governor] director shall:
4902          (a) send a messenger to the clerk of the board of county canvassers of the delinquent
4903     county;
4904          (b) instruct the messenger to demand a certified copy of the board of canvasser's report
4905     required by Section 20A-4-304 from the clerk; and
4906          (c) pay the messenger the per diem provided by law as compensation.
4907          (4) The state board of canvassers may not withhold the declaration of the result or any
4908     certificate of election because of any defect or informality in the returns of any election if the
4909     board can determine from the returns, with reasonable certainty, what office is intended and
4910     who is elected to it.
4911          (5) (a) At noon on the fourth Monday after the regular primary election, the [lieutenant
4912     governor] director shall:
4913          (i) canvass the returns for all multicounty candidates required to file with the office [of
4914     the lieutenant governor]; and
4915          (ii) publish and file the results of the canvass in the [lieutenant governor's] office.
4916          (b) Not later than the August 1 after the primary election, the [lieutenant governor]
4917     director shall certify the results of the primary canvass to the county clerks.
4918          (6) (a) At noon on the fourth Tuesday in March of a year in which a presidential
4919     election will be held, the [lieutenant governor] director shall:
4920          (i) canvass the returns of the presidential primary election; and
4921          (ii) publish and file the results of the canvass in the [lieutenant governor's] office.
4922          (b) The [lieutenant governor] director shall certify the results of the presidential

4923     primary election canvass to each registered political party that participated in the primary not
4924     later than the April 15 after the primary election.
4925          Section 78. Section 20A-4-401 is amended to read:
4926          20A-4-401. Recounts -- Procedure.
4927          (1) (a) This section does not apply to a race conducted by instant runoff voting under
4928     Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
4929          (b) Except as provided in Subsection (1)(c), for a race between candidates, if the
4930     difference between the number of votes cast for a winning candidate in the race and a losing
4931     candidate in the race is equal to or less than .25% of the total number of votes cast for all
4932     candidates in the race, that losing candidate may file a request for a recount in accordance with
4933     Subsection (1)(d).
4934          (c) For a race between candidates where the total of all votes cast in the race is 400 or
4935     less, if the difference between the number of votes cast for a winning candidate in the race and
4936     a losing candidate in the race is one vote, that losing candidate may file a request for a recount
4937     in accordance with Subsection (1)(d).
4938          (d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
4939     file the request:
4940          (i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
4941     three days after the canvass; or
4942          (ii) for all other elections, before 5 p.m. within seven days after the canvass with:
4943          (A) the municipal clerk, if the election is a municipal general election;
4944          (B) the special district clerk, if the election is a special district election;
4945          (C) the county clerk, for races voted on entirely within a single county; or
4946          (D) the [lieutenant governor] director, for statewide races and multicounty races.
4947          (e) The election officer shall:
4948          (i) supervise the recount;
4949          (ii) recount all ballots cast for that race;
4950          (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
4951     Disposition of Ballots;
4952          (iv) for a race where only one candidate may win, declare elected the candidate who
4953     receives the highest number of votes on the recount; and

4954          (v) for a race where multiple candidates may win, declare elected the applicable
4955     number of candidates who receive the highest number of votes on the recount.
4956          (2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
4957     proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
4958     the total votes cast for or against the proposition, any 10 voters who voted in the election where
4959     the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
4960     days after the day of the canvass with the person described in Subsection (2)(c).
4961          (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
4962     against the proposition is 400 or less, if the difference between the number of votes cast for the
4963     proposition and the number of votes cast against the proposition is one vote, any 10 voters who
4964     voted in the election where the proposition was on the ballot may file a request for a recount
4965     before 5 p.m. within seven days after the day of the canvass with the person described in
4966     Subsection (2)(c).
4967          (c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
4968     file the request with:
4969          (i) the municipal clerk, if the election is a municipal election;
4970          (ii) the special district clerk, if the election is a special district election;
4971          (iii) the county clerk, for propositions voted on entirely within a single county; or
4972          (iv) the lieutenant governor, for statewide propositions and multicounty propositions.
4973          (d) The election officer shall:
4974          (i) supervise the recount;
4975          (ii) recount all ballots cast for that ballot proposition or bond proposition;
4976          (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
4977     Disposition of Ballots; and
4978          (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
4979     based upon the results of the recount.
4980          (e) Proponents and opponents of the ballot proposition or bond proposition may
4981     designate representatives to witness the recount.
4982          (f) The voters requesting the recount shall pay the costs of the recount.
4983          (3) Costs incurred by recount under Subsection (1) may not be assessed against the
4984     person requesting the recount.

4985          (4) (a) Upon completion of the recount, the election officer shall immediately convene
4986     the board of canvassers.
4987          (b) The board of canvassers shall:
4988          (i) canvass the election returns for the race or proposition that was the subject of the
4989     recount; and
4990          (ii) with the assistance of the election officer, prepare and sign the report required by
4991     Section 20A-4-304 or 20A-4-306.
4992          (c) If the recount is for a statewide or multicounty race or for a statewide proposition,
4993     the board of county canvassers shall prepare and transmit a separate report to the [lieutenant
4994     governor] director as required by Subsection 20A-4-304(7).
4995          (d) The canvassers' report prepared as provided in this Subsection (4) is the official
4996     result of the race or proposition that is the subject of the recount.
4997          Section 79. Section 20A-4-602 is amended to read:
4998          20A-4-602. Municipal Alternate Voting Methods Pilot Project -- Creation --
4999     Participation.
5000          (1) There is created the Municipal Alternate Voting Methods Pilot Project.
5001          (2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
5002          (3) (a) A municipality may participate in the pilot project, in accordance with the
5003     requirements of this section and all other applicable provisions of law, during any
5004     odd-numbered year that the pilot project is in effect, if, before May 1 of the odd-numbered
5005     year, the legislative body of the municipality:
5006          (i) votes to participate; and
5007          (ii) provides written notice to the [lieutenant governor] director and the county clerk
5008     stating that the municipality intends to participate in the pilot project for the year specified in
5009     the notice.
5010          (b) The legislative body of a municipality that provides the notice of intent described in
5011     Subsection (3)(a) may withdraw the notice of intent, and not participate in the pilot project, if
5012     the legislative body of the municipality provides written notice of withdrawal to the [lieutenant
5013     governor] director and the county clerk before May 1.
5014          (4) The [lieutenant governor] director shall maintain, in a prominent place on the
5015     [lieutenant governor's] office's website, a current list of the municipalities that are participating

5016     in the pilot project.
5017          (5) (a) An election officer of a participating municipality shall, in accordance with the
5018     provisions of this part, conduct a multi-candidate race during the municipal general election
5019     using instant runoff voting.
5020          (b) Except as provided in Subsection 20A-4-603(9), an election officer of a
5021     participating municipality that will conduct a multi-candidate race under Subsection (5)(a) may
5022     not conduct a municipal primary election relating to that race.
5023          (c) A municipality that has in effect an ordinance described in Subsection
5024     20A-9-404(3) or (4) may not participate in the pilot project.
5025          (6) Except for an election described in Subsection 20A-4-603(9), an individual who
5026     files a declaration of candidacy or a nomination petition, for a candidate who will run in an
5027     election described in this part, shall file the declaration of candidacy or nomination petition
5028     during the office hours described in Section 10-3-301 and not later than the close of those
5029     office hours, no sooner than the second Tuesday in August and no later than the third Tuesday
5030     in August of an odd-numbered year.
5031          Section 80. Section 20A-5-101 is amended to read:
5032          20A-5-101. Notice of election.
5033          (1) On or before November 15 in the year before each regular general election year, the
5034     [lieutenant governor] director shall prepare and transmit a written notice to each county clerk
5035     that:
5036          (a) designates the offices to be filled at the next year's regular general election;
5037          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
5038     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
5039     and 20A-9-408 for those offices; and
5040          (c) contains a description of any ballot propositions to be decided by the voters that
5041     have qualified for the ballot as of that date.
5042          (2) (a) No later than seven business days after the day on which the [lieutenant
5043     governor] director transmits the written notice described in Subsection (1), each county clerk
5044     shall provide notice for the county, as a class A notice under Section 63G-30-102, for seven
5045     days before the day of the election and in accordance with Subsection (3).
5046          (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a),

5047     showing a copy of the notice and the places where the notice was posted.
5048          (3) The notice described in Subsection (2) shall:
5049          (a) designate the offices to be voted on in that election; and
5050          (b) identify the dates for filing a declaration of candidacy for those offices.
5051          (4) Except as provided in Subsection (6), before each election, the election officer shall
5052     give printed notice of the following information:
5053          (a) the date of election;
5054          (b) the hours during which the polls will be open;
5055          (c) the polling places for each voting precinct, early voting polling place, and election
5056     day voting center;
5057          (d) the address of the Statewide Electronic Voter Information Website and, if available,
5058     the address of the election officer's website, with a statement indicating that the election officer
5059     will post on the website any changes to the location of a polling place and the location of any
5060     additional polling place;
5061          (e) a phone number that a voter may call to obtain information regarding the location of
5062     a polling place;
5063          (f) the qualifications for persons to vote in the election: and
5064          (g) instructions regarding how an individual with a disability, who is not able to vote a
5065     manual ballot by mail, may obtain information on voting in an accessible manner.
5066          (5) The election officer shall provide the notice described in Subsection (4) for the
5067     jurisdiction, as a class A notice under Section 63G-30-102, for at least seven days before the
5068     day of the election.
5069          (6) Instead of including the information described in Subsection (4) in the notice, the
5070     election officer may give printed notice that:
5071          (a) is entitled "Notice of Election";
5072          (b) includes the following: "A [indicate election type] will be held in [indicate the
5073     jurisdiction] on [indicate date of election]. Information relating to the election, including
5074     polling places, polling place hours, and qualifications of voters may be obtained from the
5075     following sources:"; and
5076          (c) specifies the following sources where an individual may view or obtain the
5077     information described in Subsection (4):

5078          (i) if the jurisdiction has a website, the jurisdiction's website;
5079          (ii) the physical address of the jurisdiction offices; and
5080          (iii) a mailing address and telephone number.
5081          Section 81. Section 20A-5-302 is amended to read:
5082          20A-5-302. Automated voting system.
5083          (1) (a) Any county or municipal legislative body or special district board may:
5084          (i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
5085     automated voting system that meets the requirements of this section; and
5086          (ii) use that system in any election, in all or a part of the voting precincts within its
5087     boundaries, or in combination with manual ballots.
5088          (b) Nothing in this title shall be construed to require the use of electronic voting
5089     devices in local special elections, municipal primary elections, or municipal general elections.
5090          (2) Each automated voting system shall:
5091          (a) provide for voting in secrecy, except in the case of voters who have received
5092     assistance as authorized by Section 20A-3a-208;
5093          (b) permit each voter at any election to:
5094          (i) vote for all persons and offices for whom and for which that voter is lawfully
5095     entitled to vote;
5096          (ii) vote for as many persons for an office as that voter is entitled to vote; and
5097          (iii) vote for or against any ballot proposition upon which that voter is entitled to vote;
5098          (c) permit each voter, at presidential elections, by one mark, to vote for the candidates
5099     of that party for president, vice president, and for their presidential electors;
5100          (d) at elections other than primary elections, permit each voter to vote for the nominees
5101     of one or more parties and for independent candidates;
5102          (e) at primary elections:
5103          (i) permit each voter to vote for candidates of the political party of the voter's choice;
5104     and
5105          (ii) reject any votes cast for candidates of another party;
5106          (f) prevent the voter from voting for the same person more than once for the same
5107     office;
5108          (g) provide the opportunity for each voter to change the ballot and to correct any error

5109     before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
5110     L. No. 107-252;
5111          (h) include automatic tabulating equipment that rejects choices recorded on a voter's
5112     ballot if the number of the voter's recorded choices is greater than the number which the voter
5113     is entitled to vote for the office or on the measure;
5114          (i) be of durable construction, suitably designed so that it may be used safely,
5115     efficiently, and accurately in the conduct of elections and counting ballots;
5116          (j) when properly operated, record correctly and count accurately each vote cast;
5117          (k) for voting equipment certified after January 1, 2005, produce a permanent paper
5118     record that:
5119          (i) shall be available as an official record for any recount or election contest conducted
5120     with respect to an election where the voting equipment is used;
5121          (ii) (A) shall be available for the voter's inspection prior to the voter leaving the polling
5122     place; and
5123          (B) shall permit the voter to inspect the record of the voter's selections independently
5124     only if reasonably practicable commercial methods permitting independent inspection are
5125     available at the time of certification of the voting equipment by the [lieutenant governor]
5126     director;
5127          (iii) shall include, at a minimum, human readable printing that shows a record of the
5128     voter's selections;
5129          (iv) may also include machine readable printing which may be the same as the human
5130     readable printing; and
5131          (v) allows a watcher to observe the election process to ensure the integrity of the
5132     election process; and
5133          (l) meet the requirements of Section 20A-5-802.
5134          (3) For the purposes of a recount or an election contest, if the permanent paper record
5135     contains a conflict or inconsistency between the human readable printing and the machine
5136     readable printing, the human readable printing shall supercede the machine readable printing
5137     when determining the intent of the voter.
5138          (4) Notwithstanding any other provisions of this section, the election officers shall
5139     ensure that the ballots to be counted by means of electronic or electromechanical devices are of

5140     a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable
5141     for use in the counting devices in which they are intended to be placed.
5142          Section 82. Section 20A-5-400.1 is amended to read:
5143          20A-5-400.1. Contracting with an election officer to conduct elections -- Fees --
5144     Contracts and interlocal agreements -- Private providers.
5145          (1) (a) In accordance with this section, a local political subdivision may enter into a
5146     contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation
5147     Act, with a provider election officer to conduct an election.
5148          (b) If the boundaries of a local political subdivision holding the election extend beyond
5149     a single local political subdivision, the local political subdivision may have more than one
5150     provider election officer conduct an election.
5151          (c) Upon approval by the [lieutenant governor] director, a municipality may enter into a
5152     contract or agreement under Subsection (1)(a) with any local political subdivision in the state,
5153     regardless of whether the municipality is located in, next to, or near, the local political
5154     subdivision, to conduct an election during which the municipality is participating in the
5155     Municipal Alternate Voting Methods Pilot Project.
5156          (d) If a municipality enters into a contract or agreement, under Subsection (1)(c), with a
5157     local political subdivision other than a county within which the municipality exists, the
5158     municipality, the local political subdivision, and the county within which the municipality
5159     exists shall enter into a cooperative agreement to ensure the proper functioning of the election.
5160          (2) A provider election officer shall conduct an election:
5161          (a) under the direction of the contracting election officer; and
5162          (b) in accordance with a contract or interlocal agreement.
5163          (3) A provider election officer shall establish fees for conducting an election for a
5164     contracting election officer that:
5165          (a) are consistent with the contract or interlocal agreement; and
5166          (b) do not exceed the actual costs incurred by the provider election officer.
5167          (4) The contract or interlocal agreement under this section may specify that a
5168     contracting election officer request, within a specified number of days before the election, that
5169     the provider election officer conduct the election to allow adequate preparations by the
5170     provider election officer.

5171          (5) An election officer conducting an election may appoint or employ an agent or
5172     professional service to assist in conducting the election.
5173          Section 83. Section 20A-5-403 is amended to read:
5174          20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections --
5175     Arrangements.
5176          (1) Except as provided in Section 20A-7-609.5, each election officer shall:
5177          (a) designate polling places for each voting precinct in the jurisdiction; and
5178          (b) obtain the approval of the county or municipal legislative body or special district
5179     governing board for those polling places.
5180          (2) (a) For each polling place, the election officer shall provide:
5181          (i) an American flag;
5182          (ii) a sufficient number of voting booths or compartments;
5183          (iii) the voting devices, voting booths, ballots, ballot boxes, and any other records and
5184     supplies necessary to enable a voter to vote;
5185          (iv) the constitutional amendment cards required by Part 1, Election Notices and
5186     Instructions;
5187          (v) the instructions required by Section 20A-5-102; and
5188          (vi) a sign, to be prominently displayed in the polling place, indicating that valid voter
5189     identification is required for every voter before the voter may vote and listing the forms of
5190     identification that constitute valid voter identification.
5191          (b) Each election officer shall ensure that:
5192          (i) each voting booth is at a convenient height for writing, and is arranged so that the
5193     voter can prepare the voter's ballot screened from observation;
5194          (ii) there are a sufficient number of voting booths or voting devices to accommodate
5195     the voters at that polling place; and
5196          (iii) there is at least one voting booth or voting device that is configured to
5197     accommodate persons with disabilities.
5198          (c) Each county clerk shall provide a ballot box for each polling place that is large
5199     enough to properly receive and hold the ballots to be cast.
5200          (3) (a) All polling places shall be physically inspected by each county clerk to ensure
5201     access by a person with a disability.

5202          (b) Any issues concerning inaccessibility to polling places by a person with a disability
5203     discovered during the inspections referred to in Subsection (3)(a) or reported to the county
5204     clerk shall be:
5205          (i) forwarded to the [Office of the Lieutenant Governor] office; and
5206          (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
5207     either:
5208          (A) remedied at the particular location by the county clerk;
5209          (B) the county clerk shall designate an alternative accessible location for the particular
5210     precinct; or
5211          (C) if no practical solution can be identified, file with the [Office of the Lieutenant
5212     Governor] office a written explanation identifying the reasons compliance cannot reasonably be
5213     met.
5214          (4) (a) The municipality in which the election is held shall pay the cost of conducting
5215     each municipal election, including the cost of printing and supplies.
5216          (b) (i) Costs assessed by a county clerk to a municipality under this section may not
5217     exceed the actual costs incurred by the county clerk.
5218          (ii) The actual costs shall include:
5219          (A) costs of or rental fees associated with the use of election equipment and supplies;
5220     and
5221          (B) reasonable and necessary administrative costs.
5222          (5) The county clerk shall make detailed entries of all proceedings had under this
5223     chapter.
5224          (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
5225     that an individual waits in line before the individual can vote at a polling place in the county
5226     does not exceed 30 minutes.
5227          (b) The [lieutenant governor] director may require a county clerk to submit a line
5228     management plan before the next election if an individual waits in line at a polling place in the
5229     county longer than 30 minutes before the individual can vote.
5230          (c) The [lieutenant governor] director may consider extenuating circumstances in
5231     deciding whether to require the county clerk to submit a plan described in Subsection (6)(b).
5232          (d) The [lieutenant governor] director shall review each plan submitted under

5233     Subsection (6)(b) and consult with the county clerk submitting the plan to ensure, to the extent
5234     possible, that the amount of time an individual waits in line before the individual can vote at a
5235     polling place in the county does not exceed 30 minutes.
5236          Section 84. Section 20A-5-403.5 is amended to read:
5237          20A-5-403.5. Ballot drop boxes -- Notice.
5238          (1) (a) An election officer:
5239          (i) shall designate at least one ballot drop box in each municipality and reservation
5240     located in the jurisdiction to which the election relates;
5241          (ii) may designate additional ballot drop boxes for the election officer's jurisdiction;
5242          (iii) shall clearly mark each ballot drop box as an official ballot drop box for the
5243     election officer's jurisdiction;
5244          (iv) shall provide 24-hour recorded video surveillance, without audio, of each
5245     unattended ballot drop box;
5246          (v) shall post a sign on or near each unattended ballot drop box indicating that the
5247     ballot drop box is under 24-hour video surveillance; and
5248          (vi) shall ensure that a camera, a video, or a recording of a video described in
5249     Subsection (1)(a)(iv) may only be accessed:
5250          (A) by the election officer;
5251          (B) by a custodian of the camera, video, or recording;
5252          (C) by the [lieutenant governor] director;
5253          (D) by the legislative auditor general, when performing an audit; or
5254          (E) by, or pursuant to an order of, a court of competent jurisdiction.
5255          (b) An individual may not view a video, or a recording of a video, described in
5256     Subsection (1)(a)(iv), unless the individual:
5257          (i) is an individual described in Subsection (1)(a)(vi); and
5258          (ii) views the video to the extent necessary to:
5259          (A) ensure compliance with Subsection (1)(a)(iv), (1)(a)(vi), or (1)(c); or
5260          (B) investigate a concern relating to ballots or the ballot box.
5261          (c) The election officer, or the custodian of the recording, shall keep a recording
5262     described in Subsection (1)(a)(iv) until the later of:
5263          (i) the end of the calendar year in which the election was held; or

5264          (ii) if the election is contested, when the contest is resolved.
5265          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
5266     shall, at least 28 days before the date of the election, provide notice of the location of each
5267     ballot drop box designated under Subsection (1), by publishing notice for the jurisdiction
5268     holding the election, as a class A notice under Section 63G-30-102, for at least 28 days before
5269     the day of the election.
5270          (3) Instead of including the location of ballot drop boxes, a notice required under
5271     Subsection (2) may specify the following sources where a voter may view or obtain a copy of
5272     all ballot drop box locations:
5273          (a) the jurisdiction's website;
5274          (b) the physical address of the jurisdiction's offices; and
5275          (c) a mailing address and telephone number.
5276          (4) The election officer shall include in the notice described in Subsection (2):
5277          (a) the address of the Statewide Electronic Voter Information Website and, if available,
5278     the address of the election officer's website, with a statement indicating that the election officer
5279     will post on the website the location of each ballot drop box, including any changes to the
5280     location of a ballot drop box and the location of additional ballot drop boxes; and
5281          (b) a phone number that a voter may call to obtain information regarding the location
5282     of a ballot drop box.
5283          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
5284     deadline described in Subsection (2):
5285          (i) if necessary, change the location of a ballot drop box; or
5286          (ii) if the election officer determines that the number of ballot drop boxes is
5287     insufficient due to the number of registered voters who are voting, designate additional ballot
5288     drop boxes.
5289          (b) Except as provided in Section 20A-1-308, if an election officer changes the
5290     location of a ballot box or designates an additional ballot drop box location, the election officer
5291     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
5292     the additional ballot drop box location:
5293          (i) to the [lieutenant governor] director, for posting on the Statewide Voter Information
5294     Website;

5295          (ii) by posting the information on the website of the election officer, if available; and
5296          (iii) by posting notice:
5297          (A) for a change in the location of a ballot drop box, at the new location and, if
5298     possible, the old location; and
5299          (B) for an additional ballot drop box location, at the additional ballot drop box
5300     location.
5301          (6) An election officer may, at any time, authorize two or more poll workers to remove
5302     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
5303          (7) (a) At least two poll workers must be present when a poll worker collects ballots
5304     from a ballot drop box and delivers the ballots to the location where the ballots will be opened
5305     and counted.
5306          (b) An election officer shall ensure that the chain of custody of ballots placed in a
5307     ballot box are recorded and tracked from the time the ballots are removed from the ballot box
5308     until the ballots are delivered to the location where the ballots will be opened and counted.
5309          Section 85. Section 20A-5-405 is amended to read:
5310          20A-5-405. Election officer to provide ballots -- Notice of sample ballot.
5311          (1) An election officer shall:
5312          (a) provide ballots for every election of public officers in which the voters, or any of
5313     the voters, within the election officer's jurisdiction participate;
5314          (b) cause the name of every candidate whose nomination has been certified to or filed
5315     with the election officer in the manner provided by law to be included on each ballot;
5316          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
5317     be included on each ballot;
5318          (d) ensure that the ballots are prepared and in the possession of the election officer at
5319     least seven days before the commencement of early voting as described in Section 20A-3a-601;
5320          (e) allow candidates and their agents and the sponsors of ballot propositions that have
5321     qualified for the official ballot to inspect the ballots;
5322          (f) no later than 45 days before the day of the election, make sample ballots available
5323     for inspection, in the same form as official ballots and that contain the same information as
5324     official ballots, by:
5325          (i) posting a copy of the sample ballot in the election officer's office;

5326          (ii) sending a copy of the sample ballot to:
5327          (A) each candidate listed on the ballot; and
5328          (B) the [lieutenant governor] director; and
5329          (iii) providing a copy of the sample ballot for the jurisdiction holding the election, as a
5330     class A notice under Section 63G-30-102, for at least seven days;
5331          (g) deliver a copy of the sample ballot to poll workers for each polling place and direct
5332     the poll workers to post the sample ballot as required by Section 20A-5-102; and
5333          (h) print and deliver, at the expense of the jurisdiction conducting the election, enough
5334     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
5335     each voting precinct.
5336          (2) Instead of posting the entire sample ballot under Subsection (1)(f)(iii), the election
5337     officer may post a statement that:
5338          (a) is entitled, "sample ballot";
5339          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
5340     upcoming [indicate type and date of election] may be obtained from the following sources:";
5341     and
5342          (c) specifies the following sources where an individual may view or obtain a copy of
5343     the sample ballot:
5344          (i) if the jurisdiction has a website, the jurisdiction's website;
5345          (ii) the physical address of the jurisdiction's offices; and
5346          (iii) a mailing address and telephone number.
5347          (3) (a) Each election officer shall, without delay, correct any error discovered in any
5348     ballot, if the correction can be made without interfering with the timely distribution of the
5349     ballots.
5350          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
5351     not possible to correct the error or omission, the election officer shall direct the poll workers to
5352     make the necessary corrections on the manual ballots before the ballots are distributed.
5353          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
5354     not possible to correct the error or omission by revising the electronic ballot, the election
5355     officer shall direct the poll workers to post notice of each error or omission with instructions on
5356     how to correct each error or omission in a prominent position at each polling booth.

5357          (4) (a) If the election officer refuses or fails to correct an error or omission in a ballot, a
5358     candidate or a candidate's agent may file a verified petition with the district court asserting that:
5359          (i) an error or omission has occurred in:
5360          (A) the publication of the name or description of a candidate;
5361          (B) the preparation or display of an electronic ballot; or
5362          (C) the posting of sample ballots or the printing of official manual ballots; and
5363          (ii) the election officer has failed to correct or provide for the correction of the error or
5364     omission.
5365          (b) The district court shall issue an order requiring correction of any error in a ballot or
5366     an order to show cause why the error should not be corrected if it appears to the court that the
5367     error or omission has occurred and the election officer has failed to correct or provide for the
5368     correction of the error or omission.
5369          (c) A party aggrieved by the district court's decision may appeal the matter to the Utah
5370     Supreme Court within five days after the day on which the district court enters the decision.
5371          Section 86. Section 20A-5-409 is amended to read:
5372          20A-5-409. Certification of candidates to county clerks.
5373          No later than August 31 of each regular general election year, the [lieutenant governor]
5374     director shall certify to each county clerk the name of each candidate qualified to be printed on
5375     the regular general election ballot for that county clerk's county.
5376          Section 87. Section 20A-5-802 is amended to read:
5377          20A-5-802. Certification of voting equipment.
5378          (1) For the voting equipment used in the jurisdiction over which an election officer has
5379     authority, the election officer shall:
5380          (a) before each election, use logic and accuracy tests to ensure that the voting
5381     equipment performs the voting equipment's functions accurately;
5382          (b) develop and implement a procedure to protect the physical security of the voting
5383     equipment; and
5384          (c) ensure that the voting equipment is certified by the [lieutenant governor] director
5385     under Subsection (2) as having met the requirements of this section.
5386          (2) (a) Except as provided in Subsection (2)(b)(ii):
5387          (i) the [lieutenant governor] director shall ensure that all voting equipment used in the

5388     state is independently tested using security testing protocols and standards that:
5389          (A) are generally accepted in the industry at the time the [lieutenant governor] director
5390     reviews the voting equipment for certification; and
5391          (B) meet the requirements of Subsection (2)(a)(ii);
5392          (ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require
5393     that a voting system:
5394          (A) is accurate and reliable;
5395          (B) possesses established and maintained access controls;
5396          (C) has not been fraudulently manipulated or tampered with;
5397          (D) is able to identify fraudulent or erroneous changes to the voting equipment; and
5398          (E) protects the secrecy of a voter's ballot; and
5399          (iii) The [lieutenant governor] director may comply with the requirements of
5400     Subsection (2)(a) by certifying voting equipment that has been certified by:
5401          (A) the United States Election Assistance Commission; or
5402          (B) a laboratory that has been accredited by the United States Election Assistance
5403     Commission to test voting equipment.
5404          (b) (i) Voting equipment used in the state may include technology that allows for
5405     ranked-choice voting.
5406          (ii) The [lieutenant governor] director may, for voting equipment used for
5407     ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
5408     Pilot Project, certify voting equipment that has been successfully used within the United States
5409     or a territory of the United States for ranked-choice voting for a race for federal office.
5410          Section 88. Section 20A-5-901 is amended to read:
5411          20A-5-901. Voter registration audit.
5412          (1) The [lieutenant governor] director shall, on at least an annual basis, conduct an
5413     audit of the voter registration database.
5414          (2) The audit shall include:
5415          (a) a random selection of at least .02% of the active registered voters statewide; and
5416          (b) at least one active registered voter from each county.
5417          (3) For each voter selected for the audit, the auditor shall:
5418          (a) verify that the voter is eligible for registration;

5419          (b) verify that the voter's registration information is accurate and supported by the
5420     documentation on file;
5421          (c) verify that there is a signature on file for the voter;
5422          (d) check for duplicate voter registrations; and
5423          (e) search available resources to determine whether the voter is deceased.
5424          (4) The audit report shall identify areas of concern or training needed in response to the
5425     audit findings.
5426          (5) The [lieutenant governor] director shall:
5427          (a) share the audit results with the county clerks and verify that the county clerks
5428     address the concerns and fulfill the training identified under Subsection (4); and
5429          (b) beginning in 2023, report biennially to the Government Operations Interim
5430     Committee on the results of the audits conducted under this section.
5431          Section 89. Section 20A-5-905 is amended to read:
5432          20A-5-905. Software validation -- Database security.
5433          (1) [Before November 2022, the director of elections within the Office of the
5434     Lieutenant Governor] The office shall make rules, in accordance with Title 63G, Chapter 3,
5435     Utah Administrative Rulemaking Act, establishing software validation procedures that an
5436     election officer is required to comply with to verify that voting system files have not been
5437     tampered with.
5438          (2) The [lieutenant governor] director and each county clerk shall ensure that a record
5439     is made, and stored for at least 22 months, of each time a voter database is accessed by a
5440     person, including:
5441          (a) the name of the person accessing the voter database;
5442          (b) the date and time of the access; and
5443          (c) any changes made to the voter database.
5444          Section 90. Section 20A-6-105 is amended to read:
5445          20A-6-105. Provisional ballot envelopes.
5446          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
5447     substantially the following form:
5448          "AFFIRMATION
5449          Are you a citizen of the United States of America? Yes No

5450          Will you be 18 years old on or before election day? Yes No
5451          If you checked "no" in response to either of the two above questions, do not complete
5452     this form.
5453          Name of Voter _________________________________________________________
5454                         First                Middle               Last
5455          Driver License or Identification Card Number _________________________________
5456          State of Issuance of Driver License or Identification Card Number _________________
5457          Date of Birth ___________________________________________________________
5458          Street Address of Principal Place of Residence
5459          ______________________________________________________________________
5460               City               County               State          Zip Code
5461          Telephone Number (optional) ______________________________________________
5462          Email Address (optional)__________________________________________________
5463          Last four digits of Social Security Number ____________________________
5464          Last former address at which I was registered to vote (if known)
5465          ______________________________________________________________________
5466               City               County               State          Zip Code
5467          Voting Precinct (if known)
5468     _________________________________________________
5469          I, (please print your full name)__________________________do solemnly swear or
5470     affirm:
5471          That I am eligible to vote in this election; that I have not voted in this election in any
5472     other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
5473     vote in this precinct; and
5474          Subject to penalty of law for false statements, that the information contained in this
5475     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
5476     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
5477     immediately before this election.
5478          Signed
5479     ______________________________________________________________________
5480          Dated

5481     ______________________________________________________________________
5482          In accordance with Section 20A-3a-506, wilfully providing false information above is a
5483     class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
5484          
PRIVACY INFORMATION

5485          Voter registration records contain some information that is available to the public, such
5486     as your name and address, some information that is available only to government entities, and
5487     some information that is available only to certain third parties in accordance with the
5488     requirements of law.
5489          Your driver license number, identification card number, social security number, email
5490     address, full date of birth, and phone number are available only to government entities. Your
5491     year of birth is available to political parties, candidates for public office, certain third parties,
5492     and their contractors, employees, and volunteers, in accordance with the requirements of law.
5493          You may request that all information on your voter registration records be withheld
5494     from all persons other than government entities, political parties, candidates for public office,
5495     and their contractors, employees, and volunteers, by indicating here:
5496          _____ Yes, I request that all information on my voter registration records be withheld
5497     from all persons other than government entities, political parties, candidates for public office,
5498     and their contractors, employees, and volunteers.
5499          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
5500          In addition to the protections provided above, you may request that identifying
5501     information on your voter registration records be withheld from all political parties, candidates
5502     for public office, and their contractors, employees, and volunteers, by submitting a withholding
5503     request form, and any required verification, as described in the following paragraphs.
5504          A person may request that identifying information on the person's voter registration
5505     records be withheld from all political parties, candidates for public office, and their contractors,
5506     employees, and volunteers, by submitting a withholding request form with this registration
5507     record, or to the [lieutenant governor] director or a county clerk, if the person is or is likely to
5508     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
5509     violence.
5510          A person may request that identifying information on the person's voter registration
5511     records be withheld from all political parties, candidates for public office, and their contractors,

5512     employees, and volunteers, by submitting a withholding request form and any required
5513     verification with this registration form, or to the [lieutenant governor] director or a county
5514     clerk, if the person is, or resides with a person who is, a law enforcement officer, a member of
5515     the armed forces, a public figure, or protected by a protective order or a protection order.
5516          CITIZENSHIP AFFIDAVIT
5517          Name:
5518          Name at birth, if different:
5519          Place of birth:
5520          Date of birth:
5521          Date and place of naturalization (if applicable):
5522          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
5523     citizen and that to the best of my knowledge and belief the information above is true and
5524     correct.
5525                                             ____________________________
5526                                                  Signature of Applicant
5527          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
5528     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
5529     up to one year in jail and a fine of up to $2,500."
5530          (2) The provisional ballot envelope shall include:
5531          (a) a unique number;
5532          (b) a detachable part that includes the unique number;
5533          (c) a telephone number, internet address, or other indicator of a means, in accordance
5534     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted;
5535     and
5536          (d) an insert containing written instructions on how a voter may sign up to receive
5537     ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
5538          Section 91. Section 20A-6-107 is amended to read:
5539          20A-6-107. Numbering of ballot propositions and bond propositions -- Duties of
5540     election officer and director.
5541          (1) (a) Except as provided in Subsections (1)(b) and (1)(c), each ballot proposition
5542     shall be listed on the ballot under the heading "Proposition #___", with the number of the ballot

5543     proposition placed in the blank.
5544          (b) Each proposed amendment to the Utah Constitution shall be listed on the ballot
5545     under the heading "Constitutional Amendment ___", with a letter placed in the blank.
5546          (c) Each bond proposition that has qualified for the ballot shall be listed on the ballot
5547     under the title assigned to each bond proposition under Section 11-14-206.
5548          (2) (a) When an election officer or other person given authority to prepare or number
5549     ballot propositions receives a ballot proposition that is eligible for inclusion on the ballot, they
5550     shall ask the [lieutenant governor] director to assign a number to the ballot proposition.
5551          (b) (i) Upon request from an election officer or other person given authority to prepare
5552     or number ballot propositions, the [lieutenant governor] director shall assign each ballot
5553     proposition a unique number, except as provided under Subsection (2)(b)(iii).
5554          (ii) Ballot proposition numbers shall be assigned sequentially, in the order requests for
5555     ballot proposition numbers are received.
5556          (iii) The same ballot proposition number may be assigned to multiple ballot
5557     propositions if:
5558          (A) the sponsors of each ballot proposition agree, in writing, to share the number; and
5559          (B) the ballot propositions sharing the same number are identical in their terms,
5560     purpose, and effect, with jurisdiction being the only significant difference between the ballot
5561     propositions.
5562          Section 92. Section 20A-6-108 is amended to read:
5563          20A-6-108. Requirements for printing and mailing ballots.
5564          (1) Before January 2023, the [director of elections within the Office of the Lieutenant
5565     Governor] office shall, in consultation with county clerks, make rules, in accordance with Title
5566     63G, Chapter 3, Utah Administrative Rulemaking Act, establishing minimum requirements
5567     that a vendor must meet to be eligible to print ballots to be used in an election.
5568          (2) Beginning on the effective date of the rules described in Subsection (1), an election
5569     officer shall ensure that, when the bulk of ballots are initially mailed to voters, the ballots are
5570     mailed from a location in Utah.
5571          Section 93. Section 20A-6-203 is amended to read:
5572          20A-6-203. Ballots for regular primary elections.
5573          (1) The [lieutenant governor] director, together with county clerks, suppliers of

5574     election materials, and representatives of registered political parties, shall:
5575          (a) develop ballots to be used in Utah's regular primary election;
5576          (b) ensure that the ballots comply generally, where applicable, with the requirements of
5577     Title 20A, Chapter 6, Part 1, General Requirements for All Ballots, and this section; and
5578          (c) provide voting booths, election records and supplies, ballot boxes, and as
5579     applicable, voting devices, for each voting precinct as required by Section 20A-5-403.
5580          (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
5581     Chapter 6, Part 1, General Requirements for All Ballots, and Sections 20A-5-403, 20A-6-401,
5582     and 20A-6-401.1, the [lieutenant governor] director, together with county clerks, suppliers of
5583     election materials, and representatives of registered political parties shall ensure that the
5584     ballots, voting booths, election records and supplies, and ballot boxes:
5585          (i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
5586     voters are authorized to vote for a party's candidate;
5587          (ii) simplify the task of poll workers, particularly in determining a voter's party
5588     affiliation;
5589          (iii) minimize the possibility of spoiled ballots due to voter confusion; and
5590          (iv) protect against fraud.
5591          (b) To accomplish the requirements of this Subsection (2), the [lieutenant governor]
5592     director, county clerks, suppliers of election materials, and representatives of registered
5593     political parties shall:
5594          (i) mark ballots as being for a particular registered political party; and
5595          (ii) instruct individuals counting the ballots to count only those votes for candidates
5596     from the registered political party whose ballot the voter received.
5597          Section 94. Section 20A-6-305 is amended to read:
5598          20A-6-305. Master ballot position list -- Random selection -- Procedures --
5599     Publication -- Surname -- Exemptions -- Ballot order.
5600          (1) As used in this section, "master ballot position list" means an official list of the 26
5601     characters in the alphabet listed in random order and numbered from one to 26 as provided
5602     under Subsection (2).
5603          (2) The [lieutenant governor] director shall:
5604          (a) within 30 days after the candidate filing deadline in each even-numbered year,

5605     conduct a random selection to create a master ballot position list for all elections in accordance
5606     with procedures established under Subsection (2)(c);
5607          (b) publish the master ballot position list on the [lieutenant governor's] office's election
5608     website no later than 15 days after creating the list; and
5609          (c) establish written procedures for:
5610          (i) the election official to use the master ballot position list; and
5611          (ii) the [lieutenant governor] director in:
5612          (A) conducting the random selection in a fair manner; and
5613          (B) providing a record of the random selection process used.
5614          (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
5615     election officer shall use the master ballot position list for the current year to determine the
5616     order in which to list candidates on the ballot for an election held during the year.
5617          (4) To determine the order in which to list candidates on the ballot required under
5618     Subsection (3), the election officer shall apply the randomized alphabet using:
5619          (a) the candidate's surname;
5620          (b) for candidates with a surname that has the same spelling, the candidate's given
5621     name; and
5622          (c) the surname of the president and the surname of the governor for an election for the
5623     offices of president and vice president and governor and lieutenant governor.
5624          (5) Subsections (1) through (4) do not apply to:
5625          (a) an election for an office for which only one candidate is listed on the ballot; or
5626          (b) a judicial retention election under Section 20A-12-201.
5627          (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
5628     appear separately, in the following order:
5629          (a) for federal office:
5630          (i) president and vice president of the United States;
5631          (ii) United States Senate office; and
5632          (iii) United States House of Representatives office;
5633          (b) for state office:
5634          (i) governor and lieutenant governor;
5635          (ii) attorney general;

5636          (iii) state auditor;
5637          (iv) state treasurer;
5638          (v) state Senate office;
5639          (vi) state House of Representatives office; and
5640          (vii) State Board of Education member;
5641          (c) for county office:
5642          (i) county executive office;
5643          (ii) county legislative body member;
5644          (iii) county assessor;
5645          (iv) county or district attorney;
5646          (v) county auditor;
5647          (vi) county clerk;
5648          (vii) county recorder;
5649          (viii) county sheriff;
5650          (ix) county surveyor;
5651          (x) county treasurer; and
5652          (xi) local school board member;
5653          (d) for municipal office:
5654          (i) mayor; and
5655          (ii) city or town council member;
5656          (e) elected planning and service district council member;
5657          (f) judicial retention questions; and
5658          (g) ballot propositions not described in Subsection (6)(f).
5659          (7) (a) A ticket for a race for a combined office shall appear on the ballot in the place
5660     of the earliest ballot ticket position that is reserved for an office that is subsumed in the
5661     combined office.
5662          (b) Each ticket, other than a ticket described in Subsection (6)(f), shall list:
5663          (i) each candidate in accordance with Subsections (1) through (4); and
5664          (ii) except as otherwise provided in this title, the party name, initials, or title following
5665     each candidate's name.
5666          Section 95. Section 20A-7-103 is amended to read:

5667          20A-7-103. Constitutional amendments and other questions submitted by the
5668     Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
5669          (1) The procedures contained in this section govern when the Legislature submits a
5670     proposed constitutional amendment or other question to the voters.
5671          (2) The [lieutenant governor] director shall, not more than 60 days or less than 14 days
5672     before the date of the election, publish the full text of the amendment, question, or statute for
5673     the state, as a class A notice under Section 63G-30-102, through the date of the election.
5674          (3) The legislative general counsel shall:
5675          (a) entitle each proposed constitutional amendment "Constitutional Amendment __"
5676     and assign it a letter according to the requirements of Section 20A-6-107;
5677          (b) entitle each proposed question "Proposition Number __" with the number assigned
5678     to the proposition under Section 20A-6-107 placed in the blank;
5679          (c) draft and designate a ballot title for each proposed amendment or question
5680     submitted by the Legislature that:
5681          (i) summarizes the subject matter of the amendment or question; and
5682          (ii) for a proposed constitutional amendment, summarizes any legislation that is
5683     enacted and will become effective upon the voters' adoption of the proposed constitutional
5684     amendment; and
5685          (d) deliver each letter or number and ballot title to the [lieutenant governor] director.
5686          (4) The [lieutenant governor] director shall certify the letter or number and ballot title
5687     of each amendment or question to the county clerk of each county no later than 65 days before
5688     the date of the election.
5689          (5) The county clerk of each county shall:
5690          (a) ensure that the letter or number and the ballot title of each amendment and question
5691     prepared in accordance with this section are included in the sample ballots and official ballots;
5692     and
5693          (b) publish the sample ballots and official ballots as provided by law.
5694          Section 96. Section 20A-7-104 is amended to read:
5695          20A-7-104. Signature gatherers -- Payments -- Badges -- Information --
5696     Requirement to provide initiative or referendum for review.
5697          (1) A person may not pay a person to gather signatures under this chapter based on a

5698     rate per signature, on a rate per verified signature, or on the initiative or referendum qualifying
5699     for the ballot.
5700          (2) A person that pays a person to gather signatures under this section shall base the
5701     payment solely on an hourly rate.
5702          (3) A person may not accept payment made in violation of this section.
5703          (4) An individual who is paid to gather signatures for a petition described in this
5704     chapter shall, while gathering signatures, wear a badge on the front of the individual's torso that
5705     complies with the following, ensuring that the information on the badge is clearly visible to the
5706     individual from whom a signature is sought:
5707          (a) the badge shall be printed in black ink on white cardstock and laminated; and
5708          (b) the information on the badge shall be in at least 24-point type and include the
5709     following information:
5710          (i) an identification number that is unique to the individual gathering signatures,
5711     assigned by:
5712          (A) for a statewide initiative or referendum, the [lieutenant governor] director; or
5713          (B) for a local initiative or referendum, the local clerk;
5714          (ii) the title of the initiative or referendum;
5715          (iii) the words "Paid Signature Gatherer"; and
5716          (iv) the name of the entity paying the signature gatherer.
5717          (5) Except as provided in Subsection (6)(b), an individual who gathers signatures under
5718     this chapter shall provide a paper document to each individual who signs the petition that:
5719          (a) is printed in black ink on white paper, white cardstock, or a white sticker, in at least
5720     12-point type; and
5721          (b) (i) for an initiative, includes the name of the initiative and the following statement:
5722          "You may view the initiative, its fiscal impact, and information on removing your
5723     signature from the petition at [list a uniform resource locator that links directly to the
5724     information described in Section 20A-7-202.7 or 20A-7-502.6, as applicable]."; or
5725          (ii) for a referendum, includes the name of the referendum and the following statement:
5726          "You may view the referendum and information on removing your signature from the
5727     petition at [list a uniform resource locator that links directly to the information described in
5728     Section 20A-7-304.5 or 20A-7-604.5, as applicable]."

5729          (6) An individual who gathers signatures under this chapter:
5730          (a) shall, before collecting a signature from an individual, present to the individual a
5731     printed or digital copy of the initiative or referendum and wait for the individual to read the
5732     initiative or referendum; and
5733          (b) is not required to provide the document described in Subsection (5) if, after the
5734     individual offers to provide the document, the individual who signs the petition declines to
5735     accept the document.
5736          (7) A person who violates this section is guilty of a class B misdemeanor.
5737          Section 97. Section 20A-7-105 is amended to read:
5738          20A-7-105. Manual petition processes -- Obtaining signatures -- Verification --
5739     Submitting the petition -- Certification of signatures -- Transfer to director -- Removal of
5740     signature.
5741          (1) This section applies only to the manual initiative process and the manual
5742     referendum process.
5743          (2) As used in this section:
5744          (a) "Local petition" means:
5745          (i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
5746     or
5747          (ii) a manual local referendum petition described in Part 6, Local Referenda -
5748     Procedures.
5749          (b) "Packet" means an initiative packet or referendum packet.
5750          (c) "Petition" means a local petition or statewide petition.
5751          (d) "Statewide petition" means:
5752          (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
5753          (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
5754          (3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
5755          (b) A Utah voter may sign a local petition if the voter:
5756          (i) is a legal voter; and
5757          (ii) resides in the local jurisdiction.
5758          (4) (a) The sponsors shall ensure that the individual in whose presence each signature
5759     sheet was signed:

5760          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
5761          (ii) verifies each signature sheet by completing the verification printed on the last page
5762     of each packet; and
5763          (iii) is informed that each signer is required to read and understand:
5764          (A) for an initiative petition, the law proposed by the initiative; or
5765          (B) for a referendum petition, the law that the referendum seeks to overturn.
5766          (b) An individual may not sign the verification printed on the last page of a packet if
5767     the individual signed a signature sheet in the packet.
5768          (5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
5769     packet to the county clerk of the county in which the packet was circulated before 5 p.m. no
5770     later than the earlier of:
5771          (i) for a statewide initiative:
5772          (A) 30 days after the day on which the first individual signs the initiative packet;
5773          (B) 316 days after the day on which the application for the initiative petition is filed; or
5774          (C) the February 15 immediately before the next regular general election immediately
5775     after the application is filed under Section 20A-7-202;
5776          (ii) for a statewide referendum:
5777          (A) 30 days after the day on which the first individual signs the referendum packet; or
5778          (B) 40 days after the day on which the legislative session at which the law passed ends;
5779          (iii) for a local initiative:
5780          (A) 30 days after the day on which the first individual signs the initiative packet;
5781          (B) 316 days after the day on which the application is filed;
5782          (C) the April 15 immediately before the next regular general election immediately after
5783     the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or
5784          (D) the April 15 immediately before the next municipal general election immediately
5785     after the application is filed under Section 20A-7-502, if the local initiative is a municipal
5786     initiative; or
5787          (iv) for a local referendum:
5788          (A) 30 days after the day on which the first individual signs the referendum packet; or
5789          (B) 45 days after the day on which the sponsors receive the items described in
5790     Subsection 20A-7-604(3) from the local clerk.

5791          (b) A person may not submit a packet after the applicable deadline described in
5792     Subsection (5)(a).
5793          (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
5794     the sponsors shall send an email to each individual who provides a legible, valid email address
5795     on the signature sheet that includes the following:
5796          (i) the subject of the email shall include the following statement, "Notice Regarding
5797     Your Petition Signature"; and
5798          (ii) the body of the email shall include the following statement in 12-point type:
5799          "You signed a petition for the following initiative:
5800          [insert title of initiative]
5801          To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
5802     information on the deadline for removing your signature from the petition, please visit the
5803     following link: [insert a uniform resource locator that takes the individual directly to the page
5804     on the [lieutenant governor's] office's or county clerk's website that includes the information
5805     referred to in the email]."
5806          (d) When the sponsors submit the last initiative packet to the county clerk, the sponsors
5807     shall submit to the county clerk:
5808          (i) a list containing:
5809          (A) the name and email address of each individual the sponsors sent, or caused to be
5810     sent, the email described in Subsection (5)(c); and
5811          (B) the date the email was sent;
5812          (ii) a copy of the email described in Subsection (5)(c); and
5813          (iii) the following written verification, completed and signed by each of the sponsors:
5814          "Verification of initiative sponsor State of Utah, County of __________I, __________,
5815     of __________, hereby state, under penalty of perjury, that:
5816          I am a sponsor of the initiative petition entitled ____________________; and
5817          I sent, or caused to be sent, to each individual who provided a legible, valid email
5818     address on a signature sheet submitted to the county clerk in relation to the initiative petition,
5819     the email described in Utah Code Subsection 20A-7-105(5)(c).
5820          ______________________________________________________________ __
5821          (Name)          (Residence Address)                         (Date)".

5822          (e) Signatures gathered for an initiative petition are not valid if the sponsors do not
5823     comply with Subsection (5)(c) or (d).
5824          (6) (a) Within 21 days after the day on which the county clerk receives the packet, the
5825     county clerk shall:
5826          (i) use the procedures described in Section 20A-1-1002 to determine whether each
5827     signer is a legal voter and, as applicable, the jurisdiction where the signer is registered to vote;
5828          (ii) for a statewide initiative or a statewide referendum:
5829          (A) certify on the petition whether each name is that of a legal voter;
5830          (B) post the name, voter identification number, and date of signature of each legal
5831     voter certified under Subsection (6)(a)(ii)(A) on the [lieutenant governor's] office's website, in
5832     a conspicuous location designated by the [lieutenant governor] director; and
5833          (C) deliver the verified packet to the [lieutenant governor] director;
5834          (iii) for a local initiative or a local referendum:
5835          (A) certify on the petition whether each name is that of a legal voter who is registered
5836     in the jurisdiction to which the initiative or referendum relates;
5837          (B) post the name, voter identification number, and date of signature of each legal
5838     voter certified under Subsection (6)(a)(iii)(A) on the [lieutenant governor's] office's website, in
5839     a conspicuous location designated by the [lieutenant governor] director; and
5840          (C) deliver the verified packet to the local clerk.
5841          (b) For a local initiative or local referendum, the local clerk shall post a link in a
5842     conspicuous location on the local government's website to the posting described in Subsection
5843     (6)(a)(iii)(B):
5844          (i) for a local initiative, during the period of time described in Subsection
5845     20A-7-507(3)(a); or
5846          (ii) for a local referendum, during the period of time described in Subsection
5847     20A-7-607(2)(a)(i).
5848          (7) The county clerk may not certify a signature under Subsection (6):
5849          (a) on a packet that is not verified in accordance with Subsection (4); or
5850          (b) that does not have a date of signature next to the signature.
5851          (8) (a) A voter who signs a statewide initiative petition may have the voter's signature
5852     removed from the petition by submitting to the county clerk a statement requesting that the

5853     voter's signature be removed no later than the earlier of:
5854          (i) for an initiative packet received by the county clerk before December 1:
5855          (A) 30 days after the day on which the voter signs the signature removal statement; or
5856          (B) 90 days after the day on which the [lieutenant governor] director posts the voter's
5857     name under Subsection 20A-7-207(2); or
5858          (ii) for an initiative packet received by the county clerk on or after December 1:
5859          (A) 30 days after the day on which the voter signs the signature removal statement; or
5860          (B) 45 days after the day on which the [lieutenant governor] director posts the voter's
5861     name under Subsection 20A-7-207(2).
5862          (b) A voter who signs a statewide referendum petition may have the voter's signature
5863     removed from the petition by submitting to the county clerk a statement requesting that the
5864     voter's signature be removed no later than the earlier of:
5865          (i) 30 days after the day on which the voter signs the statement requesting removal; or
5866          (ii) 45 days after the day on which the [lieutenant governor] director posts the voter's
5867     name under Subsection 20A-7-307(2).
5868          (c) A voter who signs a local initiative petition may have the voter's signature removed
5869     from the petition by submitting to the county clerk a statement requesting that the voter's
5870     signature be removed no later than the earlier of:
5871          (i) 30 days after the day on which the voter signs the signature removal statement;
5872          (ii) 90 days after the day on which the local clerk posts the voter's name under
5873     Subsection 20A-7-507(2);
5874          (iii) 316 days after the day on which the application is filed; or
5875          (iv) (A) for a county initiative, April 15 immediately before the next regular general
5876     election immediately after the application is filed under Section 20A-7-502; or
5877          (B) for a municipal initiative, April 15 immediately before the next municipal general
5878     election immediately after the application is filed under Section 20A-7-502.
5879          (d) A voter who signs a local referendum petition may have the voter's signature
5880     removed from the petition by submitting to the county clerk a statement requesting that the
5881     voter's signature be removed no later than the earlier of:
5882          (i) 30 days after the day on which the voter signs the statement requesting removal; or
5883          (ii) 45 days after the day on which the local clerk posts the voter's name under

5884     Subsection 20A-7-607(2)(a).
5885          (e) A statement described in this Subsection (8) shall comply with the requirements
5886     described in Subsection 20A-1-1003(2).
5887          (f) In order for the signature to be removed, the county clerk must receive the statement
5888     described in this Subsection (8) before 5 p.m. no later than the applicable deadline described in
5889     this Subsection (8).
5890          (g) A county clerk shall analyze a signature, for purposes of removing a signature from
5891     a petition, in accordance with Subsection 20A-1-1003(3).
5892          (9) (a) If the county clerk timely receives a statement requesting signature removal
5893     under Subsection (8) and determines that the signature should be removed from the petition
5894     under Subsection 20A-1-1003(3), the county clerk shall:
5895          (i) ensure that the voter's name, voter identification number, and date of signature are
5896     not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
5897          (ii) remove the voter's signature from the signature packets and signature packet totals.
5898          (b) The county clerk shall comply with Subsection (9)(a) before the later of:
5899          (i) the deadline described in Subsection (6)(a); or
5900          (ii) two business days after the day on which the county clerk receives a statement
5901     requesting signature removal under Subsection (8).
5902          (10) A person may not retrieve a packet from a county clerk, or make any alterations or
5903     corrections to a packet, after the packet is submitted to the county clerk.
5904          Section 98. Section 20A-7-201 is amended to read:
5905          20A-7-201. Statewide initiatives -- Signature requirements -- Submission to the
5906     Legislature or to a vote of the people.
5907          (1) (a) A person seeking to have an initiative submitted to the Legislature for approval
5908     or rejection shall, after filing an initiative application, obtain:
5909          (i) legal signatures equal to 4% of the number of active voters in the state on January 1
5910     immediately following the last regular general election; and
5911          (ii) from at least 26 Utah State Senate districts, legal signatures equal to 4% of the
5912     number of active voters in that district on January 1 immediately following the last regular
5913     general election.
5914          (b) If, at any time not less than 10 days before the beginning of the next annual general

5915     session of the Legislature, the [lieutenant governor] director declares that an initiative petition
5916     designated under Subsection 20A-7-202(2)(c)(i) for submission to the Legislature is signed by
5917     a sufficient number of voters to meet the requirements of Subsection (1)(a), the [lieutenant
5918     governor] director shall deliver a copy of the initiative petition, the text of the proposed law,
5919     and the cover sheet described in Subsection (1)(c) to the president of the Senate, the speaker of
5920     the House, and the director of the Office of Legislative Research and General Counsel.
5921          (c) The [lieutenant governor] director shall prepare a cover sheet for a petition declared
5922     sufficient under Subsection (1)(b) that contains:
5923          (i) the number of active voters in the state on January 1 immediately following the last
5924     regular general election;
5925          (ii) the number of active voters in each Utah State Senate district on January 1
5926     immediately following the last regular general election;
5927          (iii) the total number of certified signatures obtained for the initiative petition; and
5928          (iv) the total number of certified signatures obtained from each Utah State Senate
5929     district for the initiative petition.
5930          (2) (a) A person seeking to have an initiative submitted to a vote of the people for
5931     approval or rejection shall, after filing an initiative application, obtain:
5932          (i) legal signatures equal to 8% of the number of active voters in the state on January 1
5933     immediately following the last regular general election; and
5934          (ii) from at least 26 Utah State Senate districts, legal signatures equal to 8% of the
5935     number of active voters in that district on January 1 immediately following the last regular
5936     general election.
5937          (b) If an initiative petition meets the requirements of this part and the [lieutenant
5938     governor] director declares that the initiative petition is signed by a sufficient number of voters
5939     to meet the requirements of Subsection (2)(a), the [lieutenant governor] director shall submit
5940     the proposed law to a vote of the people at the next regular general election:
5941          (i) immediately after the application is filed under Section 20A-7-202; and
5942          (ii) specified on the petition under Section 20A-7-203.
5943          (3) The [lieutenant governor] director shall provide the following information to any
5944     interested person:
5945          (a) the number of active voters in the state on January 1 immediately following the last

5946     regular general election; and
5947          (b) for each Utah State Senate district, the number of active voters in that district on
5948     January 1 immediately following the last regular general election.
5949          Section 99. Section 20A-7-202 is amended to read:
5950          20A-7-202. Statewide initiative process -- Initiative application procedures --
5951     Time to gather signatures -- Grounds for rejection.
5952          (1) Individuals wishing to circulate an initiative petition shall file an initiative
5953     application with the [lieutenant governor] director.
5954          (2) The initiative application shall include:
5955          (a) the name and residence address of at least five sponsors of the initiative petition;
5956          (b) a statement indicating that each of the sponsors is registered to vote in Utah;
5957          (c) a statement indicating whether the initiative will be presented to:
5958          (i) the Legislature under Subsection 20A-7-201(1); or
5959          (ii) a vote of the people under Subsection 20A-7-201(2);
5960          (d) the signature of each of the sponsors, attested to by a notary public;
5961          (e) a copy of the proposed law that includes, in the following order:
5962          (i) the title of the proposed law, that clearly expresses the subject of the law;
5963          (ii) a description of all proposed sources of funding for the costs associated with the
5964     proposed law, including the proposed percentage of total funding from each source; and
5965          (iii) the text of the proposed law;
5966          (f) if the initiative proposes a tax increase, the following statement, "This initiative
5967     seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference)
5968     percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax
5969     rate."; and
5970          (g) a statement indicating whether persons gathering signatures for the initiative
5971     petition may be paid for gathering signatures.
5972          (3) (a) An individual's status as a resident, under Subsection (2), is determined in
5973     accordance with Section 20A-2-105.
5974          (b) The initiative application and the initiative application's contents are public when
5975     filed with the [lieutenant governor] director.
5976          (4) If the initiative petition fails to qualify for the ballot of the election described in

5977     Subsection 20A-7-201(2)(b), the sponsors shall:
5978          (a) submit a new initiative application;
5979          (b) obtain new signature sheets; and
5980          (c) collect signatures again.
5981          (5) The [lieutenant governor] director shall reject an initiative application or an
5982     initiative application addendum filed under Subsection 20A-7-204.1(5) and not issue signature
5983     sheets if:
5984          (a) the proposed law:
5985          (i) is patently unconstitutional;
5986          (ii) is nonsensical;
5987          (iii) could not become law if passed;
5988          (iv) contains more than one subject as evaluated in accordance with Subsection (6); or
5989          (v) is identical or substantially similar to a law proposed by an initiative for which
5990     signatures were submitted to the county clerks and [lieutenant governor] director for
5991     certification within two years preceding the date on which the initiative application for the new
5992     initiative is filed; or
5993          (b) the subject of the proposed law is not clearly expressed in the law's title.
5994          (6) To evaluate whether the proposed law contains more than one subject under
5995     Subsection (5)(a)(iv), the [lieutenant governor] director shall apply the same standard provided
5996     in
5997     Utah Constitution, Article VI, Section 22, which prohibits a bill from passing that contains
5998     more than one subject.
5999          Section 100. Section 20A-7-202.5 is amended to read:
6000          20A-7-202.5. Initial fiscal impact statement -- Preparation of statement --
6001     Challenge to statement.
6002          (1) Within three working days after the day on which the [lieutenant governor] director
6003     receives an initiative application, the [lieutenant governor] director shall submit a copy of the
6004     initiative application to the Office of the Legislative Fiscal Analyst.
6005          (2) (a) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good
6006     faith initial fiscal impact statement for the proposed law, not exceeding 100 words plus 100
6007     words per revenue source created or impacted by the proposed law, that contains:

6008          (i) a description of the total estimated fiscal impact of the proposed law over the time
6009     period or time periods determined by the Office of the Legislative Fiscal Analyst to be most
6010     useful in understanding the estimated fiscal impact of the proposed law;
6011          (ii) if the proposed law would increase taxes, decrease taxes, or impose a new tax, a
6012     dollar amount representing the total estimated increase or decrease for each type of tax affected
6013     under the proposed law, a dollar amount showing the estimated amount of a new tax, and a
6014     dollar amount representing the total estimated increase or decrease in taxes under the proposed
6015     law;
6016          (iii) if the proposed law would increase a particular tax or tax rate, the tax percentage
6017     difference and the tax percentage increase for each tax or tax rate increased;
6018          (iv) if the proposed law would result in the issuance or a change in the status of bonds,
6019     notes, or other debt instruments, a dollar amount representing the total estimated increase or
6020     decrease in public debt under the proposed law;
6021          (v) a dollar amount representing the estimated cost or savings, if any, to state or local
6022     government entities under the proposed law;
6023          (vi) if the proposed law would increase costs to state government, a listing of all
6024     sources of funding for the estimated costs; and
6025          (vii) a concise description and analysis titled "Funding Source," not to exceed 100
6026     words for each funding source, of the funding source information described in Subsection
6027     20A-7-202(2)(e)(ii).
6028          (b) If the proposed law is estimated to have no fiscal impact, the Office of the
6029     Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
6030     statement in substantially the following form:
6031          "The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
6032     initiative would have no significant fiscal impact and would not result in either an increase or
6033     decrease in taxes or debt."
6034          (3) Within 25 calendar days after the day on which the [lieutenant governor] director
6035     delivers a copy of the initiative application, the Office of the Legislative Fiscal Analyst shall:
6036          (a) deliver a copy of the initial fiscal impact statement to the [lieutenant governor's]
6037     office; and
6038          (b) mail a copy of the initial fiscal impact statement to the first five sponsors named in

6039     the initiative application.
6040          (4) (a) (i) Three or more of the sponsors of the initiative petition may, within 20
6041     calendar days after the day on which the Office of the Legislative Fiscal Analyst delivers the
6042     initial fiscal impact statement to the [lieutenant governor's] office, file a petition with the
6043     appropriate court, alleging that the initial fiscal impact statement, taken as a whole, is an
6044     inaccurate estimate of the fiscal impact of the initiative.
6045          (ii) After receipt of the appeal, the court shall direct the [lieutenant governor] director
6046     to send notice of the petition filed with the court to:
6047          (A) any person or group that has filed an argument with the lieutenant governor's office
6048     for or against the initiative that is the subject of the challenge; and
6049          (B) any political issues committee established under Section 20A-11-801 that has filed
6050     written or electronic notice with the [lieutenant governor] director that identifies the name,
6051     mailing or email address, and telephone number of the person designated to receive notice
6052     about any issues relating to the initiative.
6053          (b) (i) There is a presumption that the initial fiscal impact statement prepared by the
6054     Office of the Legislative Fiscal Analyst is based upon reasonable assumptions, uses reasonable
6055     data, and applies accepted analytical methods to present the estimated fiscal impact of the
6056     initiative.
6057          (ii) The court may not revise the contents of, or direct the revision of, the initial fiscal
6058     impact statement unless the plaintiffs rebut the presumption by clear and convincing evidence
6059     that establishes that the initial fiscal impact statement, taken as a whole, is an inaccurate
6060     statement of the estimated fiscal impact of the initiative.
6061          (iii) The court may refer an issue related to the initial fiscal impact statement to a
6062     master to examine the issue and make a report in accordance with Utah Rules of Civil
6063     Procedure, Rule 53.
6064          (c) The court shall certify to the [lieutenant governor] director a fiscal impact statement
6065     for the initiative that meets the requirements of this section.
6066          Section 101. Section 20A-7-202.7 is amended to read:
6067          20A-7-202.7. Posting initiative information.
6068          (1) Within one business day after the day on which the [lieutenant governor] director
6069     receives the initial fiscal impact statement under Subsection 20A-7-202.5(3)(a), the [lieutenant

6070     governor] director shall post the following information together in a conspicuous place on the
6071     [lieutenant governor's] office's website:
6072          (a) the initiative application;
6073          (b) the initiative petition;
6074          (c) the text of the proposed law;
6075          (d) the initial fiscal impact statement; and
6076          (e) information describing how an individual may remove the individual's signature
6077     from the initiative petition.
6078          (2) The [lieutenant governor] director shall:
6079          (a) promptly update the information described in Subsection (1) if the information
6080     changes; and
6081          (b) maintain the information described in Subsection (1) on the [lieutenant governor's]
6082     office's website until the initiative fails to qualify for the ballot or is passed or defeated at an
6083     election.
6084          Section 102. Section 20A-7-203 is amended to read:
6085          20A-7-203. Manual initiative process -- Form of initiative petition and signature
6086     sheets.
6087          (1) This section applies only to the manual initiative process.
6088          (2) (a) Each proposed initiative petition shall be printed in substantially the following
6089     form:
6090          "INITIATIVE PETITION To the [Honorable ____, Lieutenant Governor] director of
6091     the Elections Office:
6092          We, the undersigned citizens of Utah, respectfully demand that the following proposed
6093     law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
6094     regular general election/session to be held/ beginning on _________(month\day\year);
6095          Each signer says:
6096          I have personally signed this initiative petition;
6097          The date next to my signature correctly reflects the date that I actually signed the
6098     initiative petition;
6099          I have personally reviewed the entire statement included with this packet;
6100          I am registered to vote in Utah; and

6101          My residence and post office address are written correctly after my name.
6102          NOTICE TO SIGNERS:
6103          Public hearings to discuss this initiative were held at: (list dates and locations of public
6104     hearings.)".
6105          (b) If the initiative proposes a tax increase, the following statement shall appear, in at
6106     least 14-point, bold type, immediately following the information described in Subsection
6107     (2)(a):
6108          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
6109     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
6110     increase in the current tax rate.".
6111          (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
6112     proposed law to each initiative petition.
6113          (3) Each initiative signature sheet shall:
6114          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
6115          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
6116     that line blank for the purpose of binding;
6117          (c) include the title of the initiative printed below the horizontal line, in at least
6118     14-point, bold type;
6119          (d) include a table immediately below the title of the initiative, and beginning .5 inch
6120     from the left side of the paper, as follows:
6121          (i) the first column shall be .5 inch wide and include three rows;
6122          (ii) the first row of the first column shall be .85 inch tall and contain the words "For
6123     Office Use Only" in 10-point type;
6124          (iii) the second row of the first column shall be .35 inch tall;
6125          (iv) the third row of the first column shall be .5 inch tall;
6126          (v) the second column shall be 2.75 inches wide;
6127          (vi) the first row of the second column shall be .35 inch tall and contain the words
6128     "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
6129          (vii) the second row of the second column shall be .5 inch tall;
6130          (viii) the third row of the second column shall be .35 inch tall and contain the words
6131     "Street Address, City, Zip Code" in 10-point type;

6132          (ix) the fourth row of the second column shall be .5 inch tall;
6133          (x) the third column shall be 2.75 inches wide;
6134          (xi) the first row of the third column shall be .35 inch tall and contain the words
6135     "Signature of Registered Voter" in 10-point type;
6136          (xii) the second row of the third column shall be .5 inch tall;
6137          (xiii) the third row of the third column shall be .35 inch tall and contain the words
6138     "Email Address (optional, to receive additional information)" in 10-point type;
6139          (xiv) the fourth row of the third column shall be .5 inch tall;
6140          (xv) the fourth column shall be one inch wide;
6141          (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
6142     "Date Signed" in 10-point type;
6143          (xvii) the second row of the fourth column shall be .5 inch tall;
6144          (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
6145     "Birth Date or Age (optional)" in 10-point type;
6146          (xix) the fourth row of the third column shall be .5 inch tall; and
6147          (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
6148     and contain the following statement, "By signing this initiative petition, you are stating that you
6149     have read and understand the law proposed by this initiative petition." in 12-point type;
6150          (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
6151     the bottom of the sheet for the information described in Subsection (3)(f); and
6152          (f) at the bottom of the sheet, include in the following order:
6153          (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
6154     12-point, bold type;
6155          (ii) except as provided in Subsection (5), the initial fiscal impact statement issued by
6156     the Office of the Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a),
6157     including any update in accordance with Subsection 20A-7-204.1(5), in not less than 12-point
6158     type;
6159          (iii) if the initiative proposes a tax increase, the following statement in 12-point, bold
6160     type:
6161          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
6162     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent

6163     increase in the current tax rate."; and
6164          (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
6165     not less than eight-point type:
6166          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
6167     other than the individual's own name, or to knowingly sign the individual's name more than
6168     once for the same initiative petition, or to sign an initiative petition when the individual knows
6169     that the individual is not a registered voter.
6170          Birth date or age information is not required, but it may be used to verify your identity
6171     with voter registration records. If you choose not to provide it, your signature may not be
6172     verified as a valid signature if you change your address before petition signatures are verified
6173     or if the information you provide does not match your voter registration records."
6174          (4) The final page of each initiative packet shall contain the following printed or typed
6175     statement:
6176          Verification of signature collector
6177          State of Utah, County of ____
6178          I, _______________, of ____, hereby state, under penalty of perjury, that:
6179          I am a resident of Utah and am at least 18 years old;
6180          All the names that appear in this initiative packet were signed by individuals who
6181     professed to be the individuals whose names appear in it, and each of the individuals signed the
6182     individual's name on it in my presence;
6183          I did not knowingly make a misrepresentation of fact concerning the law proposed by
6184     the initiative;
6185          I believe that each individual has printed and signed the individual's name and written
6186     the individual's post office address and residence correctly, that each signer has read and
6187     understands the law proposed by the initiative, and that each signer is registered to vote in
6188     Utah.
6189          Each individual who signed the initiative packet wrote the correct date of signature next
6190     to the individual's name.
6191          I have not paid or given anything of value to any individual who signed this initiative
6192     packet to encourage that individual to sign it.
6193          ______________________________________________________________________

6194          (Name)      (Residence Address) (Date)
6195          (5) If the initial fiscal impact statement described in Subsection (3)(f)(ii), as updated in
6196     accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the Legislative
6197     Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on an
6198     initiative signature sheet, that does not exceed 200 words.
6199          (6) If the forms described in this section are substantially followed, the initiative
6200     petitions are sufficient, notwithstanding clerical and merely technical errors.
6201          (7) An individual's status as a resident, under Subsection (4), is determined in
6202     accordance with Section 20A-2-105.
6203          Section 103. Section 20A-7-204 is amended to read:
6204          20A-7-204. Manual initiative process -- Circulation requirements -- Director to
6205     provide sponsors with materials.
6206          (1) This section applies only to the manual initiative process.
6207          (2) In order to obtain the necessary number of signatures required by this part, the
6208     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
6209     in Subsection (3), circulate initiative packets that meet the form requirements of this part.
6210          (3) The [lieutenant governor] director shall provide the sponsors with a copy of the
6211     initiative petition and a signature sheet within three days after the day on which the following
6212     conditions are fulfilled:
6213          (a) the sponsors hold the final hearing required under Section 20A-7-204.1;
6214          (b) the sponsors provide to the [Office of the Lieutenant Governor] office the video
6215     tape, audio tape, or comprehensive minutes described in Subsection 20A-7-204.1(4) for each
6216     public hearing described in Section 20A-7-204.1;
6217          (c) (i) the sponsors give written notice to the [Office of the Lieutenant Governor] office
6218     that the sponsors waive the opportunity to change the text of the proposed law under
6219     Subsection 20A-7-204.1(5);
6220          (ii) the deadline, described in Subsection 20A-7-204.1(5)(a), for changing the text of
6221     the proposed law passes without the sponsors filing an application addendum in accordance
6222     with Subsection 20A-7-204.1(5); or
6223          (iii) if the sponsors file an application addendum in accordance with Subsection
6224     20A-7-204.1(5), the Office of the Legislative Fiscal Analyst provides to the [Office of the

6225     Lieutenant Governor] office:
6226          (A) an updated initial fiscal impact statement, in accordance with Subsection
6227     20A-7-204.1(5)(b); or
6228          (B) a written notice indicating that no changes to the initial fiscal impact statement are
6229     necessary; and
6230          (d) the sponsors sign an agreement, under Subsection (6)(a), with the Office of the
6231     Lieutenant Governor specifying the range of numbers that the sponsors will use to number the
6232     initiative packets.
6233          (4) The sponsors of the initiative shall:
6234          (a) arrange and pay for the printing of all documents that are part of the initiative
6235     packets; and
6236          (b) ensure that the initiative packets and the documents described in Subsection (4)(a)
6237     meet the requirements of this part.
6238          (5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
6239     circulation by creating multiple initiative packets.
6240          (b) The sponsors or an agent of the sponsors shall create the initiative packets by
6241     binding a copy of the initiative petition with the text of the proposed law, including any
6242     modification made under Subsection 20A-7-204.1(5) and no more than 50 signature sheets
6243     together at the top in a manner that the initiative packets may be conveniently opened for
6244     signing.
6245          (c) An initiative packet is not required to have a uniform number of signature sheets.
6246          (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
6247          (i) contact the [lieutenant governor's] office to receive a range of numbers that the
6248     sponsors may use to number initiative packets;
6249          (ii) sign an agreement with the [Office of the Lieutenant Governor] office, specifying
6250     the range of numbers that the sponsors will use to number the initiative packets; and
6251          (iii) number each initiative packet, sequentially, within the range of numbers provided
6252     by the [lieutenant governor's] office, starting with the lowest number in the range.
6253          (b) The sponsors or an agent of the sponsors may not:
6254          (i) number an initiative packet in a manner not directed by the [lieutenant governor's]
6255     office; or

6256          (ii) circulate or submit an initiative packet that is not numbered in the manner directed
6257     by the [lieutenant governor's] office.
6258          Section 104. Section 20A-7-204.1 is amended to read:
6259          20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
6260     Changes to a proposed law or an initial fiscal impact statement.
6261          (1) (a) After issuance of the initial fiscal impact statement by the Office of the
6262     Legislative Fiscal Analyst and before circulating initiative packets for signature statewide,
6263     sponsors of the initiative shall hold at least seven public hearings throughout Utah as follows:
6264          (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
6265          (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
6266     County;
6267          (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
6268          (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
6269     County;
6270          (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
6271          (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
6272          (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
6273     County.
6274          (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
6275     the public hearings in a first or second class county, but not in the same county.
6276          (c) The sponsors may not hold a public hearing described in this section until the later
6277     of:
6278          (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
6279     statement under Subsection 20A-7-202.5(3)(b); or
6280          (ii) if three or more sponsors file a petition for an action challenging the accuracy of
6281     the initial fiscal impact statement under Section 20A-7-202.5, the day after the day on which
6282     the action is final.
6283          (2) (a) The sponsors shall, before 5 p.m. at least 10 calendar days before the date of the
6284     public hearing, provide written notice of the public hearing, including the date, time, and
6285     location of the public hearing:
6286          (i) to the [lieutenant governor] director;

6287          (ii) to the county clerk of each county in the region where the public hearing will be
6288     held;
6289          (iii) each state senator, state representative, and county commission or county council
6290     member who is elected in whole or in part from the region where the public hearing will be
6291     held; and
6292          (iv) in accordance with Section 45-1-101, for at least three calendar days before the day
6293     of the public hearing.
6294          (b) The [lieutenant governor] director shall post the notice described in Subsection
6295     (2)(a) on the [lieutenant governor's] office's website for at least three days before the day of the
6296     public hearing.
6297          (c) The county clerk of each county in the region where the public hearing will be held:
6298          (i) shall post the notice described in Subsection (2)(a) for the county, as a class A
6299     notice under Section 63G-30-102, for at least three days before the day of the public hearing;
6300     and
6301          (ii) may bill the sponsors of the initiative for the cost of preparing, printing, and
6302     posting the notice described in Subsection (2)(c)(i).
6303          (3) If the initiative proposes a tax increase, the written notice described in Subsection
6304     (2) shall include the following statement, in bold, in the same font and point size as the largest
6305     font and point size appearing in the notice:
6306          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
6307     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
6308     increase in the current tax rate."
6309          (4) (a) During the public hearing, the sponsors shall either:
6310          (i) video tape or audio tape the public hearing; or
6311          (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
6312     each speaker and summarizing each speaker's comments.
6313          (b) The [lieutenant governor] director shall make copies of the tapes or minutes
6314     available to the public.
6315          (c) For each public hearing, the sponsors shall:
6316          (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
6317     impact statement in a conspicuous location at the entrance to the room where the sponsors hold

6318     the public hearing; and
6319          (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
6320     public hearing attendees, in a conspicuous location at the entrance to the room where the
6321     sponsors hold the public hearing.
6322          (d) Regardless of whether an individual is present to observe or speak at a public
6323     hearing:
6324          (i) the sponsors may not end the public hearing until at least one hour after the public
6325     hearing begins; and
6326          (ii) the sponsors shall provide at least one hour at the public hearing that is open for
6327     public comment.
6328          (5) (a) Before 5 p.m. within 14 days after the day on which the sponsors conduct the
6329     seventh public hearing described in Subsection (1)(a), and before circulating an initiative
6330     signature packet for signatures, the sponsors of the initiative may change the text of the
6331     proposed law if:
6332          (i) a change to the text is:
6333          (A) germane to the text of the proposed law filed with the [lieutenant governor]
6334     director under Section 20A-7-202; and
6335          (B) consistent with the requirements of Subsection 20A-7-202(5); and
6336          (ii) each sponsor signs, attested to by a notary public, an application addendum to
6337     change the text of the proposed law.
6338          (b) (i) Within three working days after the day on which the [lieutenant governor]
6339     director receives an application addendum to change the text of the proposed law for an
6340     initiative, the [lieutenant governor] director shall submit a copy of the application addendum to
6341     the Office of the Legislative Fiscal Analyst.
6342          (ii) The Office of the Legislative Fiscal Analyst shall:
6343          (A) update the initial fiscal impact statement, by following the procedures and
6344     requirements of Section 20A-7-202.5 to reflect a change to the text of the proposed law ; or
6345          (B) provide written notice to the [Office of the Lieutenant Governor] office indicating
6346     that no changes to the initial fiscal impact statement are necessary.
6347          Section 105. Section 20A-7-206.1 is amended to read:
6348          20A-7-206.1. Provisions relating only to process for submitting an initiative to the

6349     Legislature for approval or rejection.
6350          (1) This section relates only to the process, described in Subsection 20A-7-201(1), for
6351     submitting an initiative to the Legislature for approval or rejection.
6352          (2) Notwithstanding Section 20A-7-105, in order to qualify an initiative petition for
6353     submission to the Legislature, the sponsors, or an agent of the sponsors, shall deliver each
6354     signed and verified initiative packet to the county clerk of the county in which the initiative
6355     packet was circulated before 5 p.m. no later than November 15 before the next annual general
6356     session of the Legislature immediately after the initiative application is filed under Section
6357     20A-7-202.
6358          (3) Notwithstanding Section 20A-7-105, no later than December 15 before the annual
6359     general session of the Legislature, the county clerk shall, for an initiative for submission to the
6360     Legislature:
6361          (a) determine whether each signer is a registered voter according to the requirements of
6362     Section 20A-7-105;
6363          (b) certify on the initiative packet whether each name is that of a registered voter; and
6364          (c) deliver the verified packets to the [lieutenant governor] director.
6365          (4) The county clerk may not certify a signature under Subsection (3) on an initiative
6366     packet that is not verified in accordance with Section 20A-7-105.
6367          (5) A person may not retrieve an initiative packet from a county clerk, or make any
6368     alterations or corrections to an initiative packet, after the initiative packet is submitted to the
6369     county clerk.
6370          Section 106. Section 20A-7-207 is amended to read:
6371          20A-7-207. Evaluation by the director.
6372          (1) In relation to the manual initiative process, when the [lieutenant governor] director
6373     receives an initiative packet from a county clerk, the [lieutenant governor] director shall record
6374     the number of the initiative packet received.
6375          (2) The county clerk shall:
6376          (a) in relation to the manual initiative process:
6377          (i) post the names, voter identification numbers, and dates of signatures described in
6378     Subsection 20A-7-105(6)(a)(iii) on the [lieutenant governor's] office's website, in a
6379     conspicuous location designated by the [lieutenant governor] director:

6380          (A) for an initiative packet received by the county clerk before December 1, for at least
6381     90 days; or
6382          (B) for an initiative packet received by the county clerk on or after December 1, for at
6383     least 45 days; and
6384          (ii) update on the [lieutenant governor's] office's website the number of signatures
6385     certified as of the date of the update; or
6386          (b) in relation to the electronic initiative process:
6387          (i) post the names, voter identification numbers, and dates of signatures described in
6388     Subsection 20A-7-217(4) on the [lieutenant governor's] office's website, in a conspicuous
6389     location designated by the [lieutenant governor] director:
6390          (A) for a signature received by the county clerk before December 1, for at least 90
6391     days; or
6392          (B) for a signature received by the county clerk on or after December 1, for at least 45
6393     days; and
6394          (ii) update on the [lieutenant governor's] office's website the number of signatures
6395     certified as of the date of the update.
6396          (3) The [lieutenant governor] director:
6397          (a) shall, except as provided in Subsection (3)(b), declare the initiative petition to be
6398     sufficient or insufficient on April 30 before the regular general election described in Subsection
6399     20A-7-201(2)(b); or
6400          (b) may declare the initiative petition to be insufficient before the day described in
6401     Subsection (3)(a) if:
6402          (i) in relation to the manual initiative process, the total of all valid signatures on timely
6403     and lawfully submitted initiative packets that have been certified by the county clerks, plus the
6404     number of signatures on timely and lawfully submitted initiative packets that have not yet been
6405     evaluated for certification, is less than the number of names required under Section 20A-7-201;
6406          (ii) in relation to the electronic initiative process, the total of all timely and lawfully
6407     submitted valid signatures that have been certified by the county clerks, plus the number of
6408     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
6409     that have not yet been evaluated for certification, is less than the number of names required
6410     under Section 20A-7-201; or

6411          (iii) a requirement of this part has not been met.
6412          (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
6413     the number of names required under Section 20A-7-201, and the requirements of this part are
6414     met, the [lieutenant governor] director shall mark upon the front of the initiative petition the
6415     word "sufficient."
6416          (b) If the total number of names certified under Subsection (3) does not equal or
6417     exceed the number of names required under Section 20A-7-201 or a requirement of this part is
6418     not met, the [lieutenant governor] director shall mark upon the front of the initiative petition
6419     the word "insufficient."
6420          (c) The [lieutenant governor] director shall immediately notify any one of the sponsors
6421     of the [lieutenant governor's] director's finding.
6422          (5) After an initiative petition is declared insufficient, a person may not submit
6423     additional signatures to qualify the initiative for the ballot.
6424          (6) (a) If the [lieutenant governor] director refuses to declare an initiative petition
6425     sufficient that a voter believes is legally sufficient, the voter may, no later than May 15, apply
6426     to the appropriate court for an order finding the initiative petition legally sufficient.
6427          (b) If the court determines that the initiative petition is legally sufficient, the [lieutenant
6428     governor] director shall mark the petition "sufficient" and consider the declaration of
6429     sufficiency effective as of the date on which the initiative petition should have been declared
6430     sufficient by the [lieutenant governor's office] director.
6431          (c) If the court determines that the initiative petition is not legally sufficient, the court
6432     may enjoin the [lieutenant governor] director and all other officers from certifying or printing
6433     the ballot title and numbers of that measure on the official ballot.
6434          (7) An initiative petition determined to be sufficient in accordance with this section is
6435     qualified for the ballot.
6436          Section 107. Section 20A-7-208 is amended to read:
6437          20A-7-208. Disposition of initiative petitions by the Legislature.
6438          (1) (a) Except as provided in Subsection (1)(b), when the [lieutenant governor] director
6439     delivers an initiative petition to the Legislature, the law proposed by that initiative petition
6440     shall be either enacted or rejected without change or amendment by the Legislature.
6441          (b) The speaker of the House and the president of the Senate may direct legislative staff

6442     to make technical corrections authorized by Section 36-12-12.
6443          (c) If any law proposed by an initiative petition is enacted by the Legislature, the law is
6444     subject to referendum the same as other laws.
6445          (2) If any law proposed by an intiative petition is not enacted by the Legislature, that
6446     proposed law shall be submitted to a vote of the people at the next regular general election if:
6447          (a) sufficient additional signatures to the petition are first obtained to bring the total
6448     number of signatures up to the number required by Subsection 20A-7-201(2); and
6449          (b) those additional signatures are verified, certified by the county clerks, and declared
6450     sufficient by the [lieutenant governor] director as provided in Section 20A-7-105 and this part.
6451          Section 108. Section 20A-7-209 is amended to read:
6452          20A-7-209. Short title and summary of initiative -- Duties of director and Office
6453     of Legislative Research and General Counsel.
6454          (1) On or before June 5 before the regular general election, the [lieutenant governor]
6455     director shall deliver a copy of all of the proposed laws that have qualified for the ballot to the
6456     Office of Legislative Research and General Counsel.
6457          (2) (a) The Office of Legislative Research and General Counsel shall:
6458          (i) entitle each statewide initiative that has qualified for the ballot "Proposition Number
6459     __" and give it a number as assigned under Section 20A-6-107;
6460          (ii) prepare for each initiative:
6461          (A) an impartial short title, not exceeding 25 words, that generally describes the subject
6462     of the initiative; and
6463          (B) an impartial summary of the contents of the initiative, not exceeding 125 words;
6464     and
6465          (iii) provide each short title, and summary to the [lieutenant governor] director on or
6466     before June 26.
6467          (b) The short title and summary may be distinct from the title of the proposed law.
6468          (c) If the initiative proposes a tax increase, the Office of Legislative Research and
6469     General Counsel shall include the following statement, in bold, in the summary:
6470          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
6471     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
6472     increase in the current tax rate.".

6473          (d) Subject to Subsection (4), for each statewide initiative, the official ballot shall
6474     show, in the following order:
6475          (i) the number of the initiative, determined in accordance with Section 20A-6-107;
6476          (ii) the short title;
6477          (iii) except as provided in Subsection (2)(e):
6478          (A) the summary;
6479          (B) the text of the proposed law; and
6480          (C) a link to a location on the [lieutenant governor's] office's website where a voter
6481     may review additional information relating to each initiative, including the information
6482     described in Subsection 20A-7-202(2), the initial fiscal impact statement described in Section
6483     20A-7-202.5, as updated under Section 20A-7-204.1, and the arguments relating to the
6484     initiative that are included in the voter information pamphlet; and
6485          (iv) the initial fiscal impact statement prepared under Section 20A-7-202.5, as updated
6486     under Section 20A-7-204.1.
6487          (e) Unless the information described in Subsection (2)(d)(iii) is shown on the official
6488     ballot, the election officer shall include with the ballot a separate ballot proposition insert that
6489     includes the short title and summary for each initiative on the ballot and a link to a location on
6490     the [lieutenant governor's] office's website where a voter may review the additional information
6491     described in Subsection (2)(d)(iii)(C).
6492          (f) Unless the information described in Subsection (2)(d)(iii) for all initiatives on the
6493     ballot, and the information described in Subsection 20A-7-308(2)(c)(iii) for all referenda on the
6494     ballot, is printed on the ballot, the ballot shall include the following statement at the beginning
6495     of the portion of the ballot that includes ballot measures, "The ballot proposition sheet included
6496     with this ballot contains an impartial summary of each initiative and referendum on this ballot,
6497     unless the summary is printed directly on the ballot."
6498          (3) On or before June 27, the [lieutenant governor] director shall mail a copy of the
6499     short title and summary to any sponsor of the petition.
6500          (4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
6501     challenge the wording of the short title and summary prepared by the Office of Legislative
6502     Research and General Counsel to the appropriate court.
6503          (ii) After receipt of the challenge, the court shall direct the [lieutenant governor]

6504     director to send notice of the challenge to:
6505          (A) any person or group that has filed an argument for or against the initiative that is
6506     the subject of the challenge; or
6507          (B) any political issues committee established under Section 20A-11-801 that has filed
6508     written or electronic notice with the [lieutenant governor] director that identifies the name,
6509     mailing or email address, and telephone number of the individual designated to receive notice
6510     about any issues relating to the initiative.
6511          (b) (i) There is a presumption that the short title prepared by the Office of Legislative
6512     Research and General Counsel is an impartial description of the contents of the initiative.
6513          (ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
6514     presumption by clearly and convincingly establishing that the short title is false or biased.
6515          (iii) There is a presumption that the summary prepared by the Office of Legislative
6516     Research and General Counsel is an impartial summary of the contents of the initiative.
6517          (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
6518     the presumption by clearly and convincingly establishing that the summary is false or biased.
6519          (c) The court shall:
6520          (i) examine the short title and summary;
6521          (ii) hear arguments; and
6522          (iii) enter an order consistent with the requirements of this section.
6523          (d) The [lieutenant governor] director shall, in accordance with the court's order, certify
6524     the short title and summary to the county clerks for inclusion in the ballot or ballot proposition
6525     insert, as required by this section.
6526          Section 109. Section 20A-7-211 is amended to read:
6527          20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
6528     proclamation.
6529          (1) The votes on the law proposed by the initiative petition shall be counted,
6530     canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
6531          (2) After the state board of canvassers completes the canvass, the [lieutenant governor]
6532     director shall certify to the governor the vote for and against the law proposed by the initiative
6533     petition.
6534          (3) (a) The governor shall immediately issue a proclamation that:

6535          (i) gives the total number of votes cast in the state for and against each law proposed by
6536     an initiative petition; and
6537          (ii) declares those laws proposed by an initiative petition that are approved by majority
6538     vote to be in full force and effect on the date described in Subsection 20A-7-212(2).
6539          (b) When the governor believes that two proposed laws, or that parts of two proposed
6540     laws approved by the people at the same election are entirely in conflict, the governor shall
6541     proclaim as law the initiative that receives the greatest number of affirmative votes, regardless
6542     of the difference in the majorities which those initiatives receive.
6543          (c) Within 10 days after the day of the governor's proclamation, any qualified voter
6544     who signed the initiative petition proposing the law that is declared by the governor to be
6545     superseded by another initiative approved at the same election may bring an action in the
6546     appropriate court to review the governor's decision.
6547          (4) Within 10 days after the day on which the court issues an order in an action
6548     described in Subsection (3)(c), the governor shall:
6549          (a) proclaim as law all initiatives approved by the people that the court determines are
6550     not entirely in conflict; and
6551          (b) of the initiatives approved by the people that the court determines to be entirely in
6552     conflict, proclaim as law, regardless of the difference in majorities, the law that receives the
6553     greatest number of affirmative votes, to be in full force and effect on the date described in
6554     Subsection 20A-7-212(2).
6555          Section 110. Section 20A-7-215 is amended to read:
6556          20A-7-215. Electronic initiative process -- Form of initiative petition --
6557     Circulation requirements -- Signature collection.
6558          (1) This section applies only to the electronic initiative process.
6559          (2) (a) The first screen presented on the approved device shall include the following
6560     statement:
6561          "This INITIATIVE PETITION is addressed to the [Honorable ____, Lieutenant
6562     Governor] director of the Elections Office:
6563          The citizens of Utah who sign this petition respectfully demand that the following
6564     proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or
6565     rejection at the regular general election/session to be held/beginning on

6566     _________(month\day\year)."
6567          (b) An individual may not advance to the second screen until the individual clicks a
6568     link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
6569     understand the information presented on this screen."
6570          (3) (a) The second screen presented on the approved device shall include the following
6571     statement:
6572          "Public hearings to discuss this initiative were held at: (list dates and locations of public
6573     hearings.)".
6574          (b) An individual may not advance to the third screen until the individual clicks a link
6575     at the bottom of the second screen stating, "By clicking here, I attest that I have read and
6576     understand the information presented on this screen."
6577          (4) (a) The third screen presented on the approved device shall include the title of
6578     proposed law, described in Subsection 20A-7-202(2)(e)(i), followed by the entire text of the
6579     proposed law.
6580          (b) An individual may not advance to the fourth screen until the individual clicks a link
6581     at the bottom of the third screen stating, "By clicking here, I attest that I have read and
6582     understand the entire text of the proposed law."
6583          (5) Subsequent screens shall be presented on the device in the following order, with the
6584     individual viewing the device being required, before advancing to the next screen, to click a
6585     link at the bottom of the screen with the following statement: "By clicking here, I attest that I
6586     have read and understand the information presented on this screen.":
6587          (a) a description of all proposed sources of funding for the costs associated with the
6588     proposed law, including the proposed percentage of total funding from each source;
6589          (b) (i) if the initiative proposes a tax increase, the following statement, "This initiative
6590     seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference)
6591     percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax
6592     rate."; or
6593          (ii) if the initiative does not propose a tax increase, the following statement, "This
6594     initiative does not propose a tax increase.";
6595          (c) the initial fiscal impact statement issued by the Office of the Legislative Fiscal
6596     Analyst in accordance with Subsection 20A-7-202.5(2)(a), including any update in accordance

6597     with Subsection [20A-7-204.1(6)] 20A-7-204.1(5);
6598          (d) a statement indicating whether persons gathering signatures for the initiative
6599     petition may be paid for gathering signatures; and
6600          (e) the following statement, followed by links where the individual may click "yes" or
6601     "no":
6602          "I have personally reviewed the entirety of each statement presented on this device;
6603          I am personally signing this initiative petition;
6604          I am registered to vote in Utah; and
6605          All information I enter on this device, including my residence and post office address, is
6606     accurate.
6607          It is a class A misdemeanor for an individual to sign an initiative petition with a name
6608     other than the individual's own name, or to knowingly sign the individual's name more than
6609     once for the same initiative petition, or to sign an initiative petition when the individual knows
6610     that the individual is not a registered voter.
6611          WARNING
6612          Even if your voter registration record is classified as private, your name, voter
6613     identification number, and date of signature in relation to signing this initiative petition will be
6614     made public.
6615          Do you wish to continue and sign this initiative petition?"
6616          (6) (a) If the individual clicks "no" in response to the question described in Subsection
6617     (5)(e), the next screen shall include the following statement, "Thank you for your time. Please
6618     return this device to the signature-gatherer."
6619          (b) If the individual clicks "yes" in response to the question described in Subsection
6620     (5)(e), the website, or the application that accesses the website, shall take the signature-gatherer
6621     and the individual signing the initiative petition through the signature process described in
6622     Section 20A-21-201.
6623          Section 111. Section 20A-7-216 is amended to read:
6624          20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
6625     remove signature.
6626          (1) This section applies to the electronic initiative process.
6627          (2) A Utah voter may sign an initiative petition if the voter is a legal voter.

6628          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
6629     an individual:
6630          (a) verifies that the individual is at least 18 years old and meets the residency
6631     requirements of Section 20A-2-105; and
6632          (b) is informed that each signer is required to read and understand the law proposed by
6633     the initiative.
6634          (4) A voter who signs an initiative petition may have the voter's signature removed
6635     from the initiative petition by submitting to the county clerk a statement requesting that the
6636     voter's signature be removed before 5 p.m. no later than the earlier of:
6637          (a) for an electronic signature gathered before December 1:
6638          (i) 30 days after the day on which the voter signs the signature removal statement; or
6639          (ii) 90 days after the day on which the county clerk posts the voter's name under
6640     Subsection 20A-7-217(4); or
6641          (b) for an electronic signature gathered on or after December 1:
6642          (i) 30 days after the day on which the voter signs the signature removal statement; or
6643          (ii) 45 days after the day on which the county clerk posts the voter's name under
6644     Subsection 20A-7-217(4).
6645          (5) (a) The statement described in Subsection (4) shall include:
6646          (i) the name of the voter;
6647          (ii) the resident address at which the voter is registered to vote;
6648          (iii) the signature of the voter; and
6649          (iv) the date of the signature described in Subsection (5)(a)(iii).
6650          (b) To increase the likelihood of the voter's signature being identified and removed, the
6651     statement described in Subsection (4) may include the voter's birth date or age.
6652          (c) A voter may not submit a signature removal statement described in Subsection (4)
6653     by email or other electronic means, unless the [lieutenant governor] director establishes a
6654     signature removal process that is consistent with the requirements of this section and Section
6655     20A-21-201.
6656          (d) A person may only remove an electronic signature from an initiative petition in
6657     accordance with this section.
6658          (e) A county clerk shall analyze a holographic signature, for purposes of removing an

6659     electronic signature from an initiative petition, in accordance with Subsection 20A-1-1003(3).
6660          Section 112. Section 20A-7-217 is amended to read:
6661          20A-7-217. Electronic initiative process -- Collecting signatures -- Email
6662     notification -- Removal of signatures.
6663          (1) This section applies only to the electronic initiative process.
6664          (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
6665          (a) 316 days after the day on which the initiative application is filed; or
6666          (b) the February 15 immediately before the next regular general election immediately
6667     after the initiative application is filed under Section 20A-7-202.
6668          (3) The [lieutenant governor] director shall send to each individual who provides a
6669     valid email address during the signature-gathering process an email that includes the following:
6670          (a) the subject of the email shall include the following statement, "Notice Regarding
6671     Your Petition Signature"; and
6672          (b) the body of the email shall include the following statement in 12-point type:
6673          "You signed a petition for the following initiative:
6674          [insert title of initiative]
6675          To access a copy of the initiative petition, the text of the law proposed by the initiative,
6676     the fiscal impact statement, and information on the deadline for removing your signature from
6677     the initiative petition, please visit the following link: [insert a uniform resource locator that
6678     takes the individual directly to the page on the [lieutenant governor's] office's website that
6679     includes the information referred to in the email]."
6680          (4) Except as provided in Subsection (5), the county clerk shall, within two business
6681     days after the day on which the signature of an individual who signs an initiative petition is
6682     certified under Section 20A-21-201, post the name, voter identification number, and date of
6683     signature of the individual on the [lieutenant governor's] office's website, in a conspicuous
6684     location designated by the [lieutenant governor] director.
6685          (5) (a) If the county clerk timely receives a statement requesting signature removal
6686     under Subsection 20A-7-216(4), the county clerk shall:
6687          (i) ensure that the voter's name, voter identification number, and date of signature are
6688     not included in the posting described in Subsection (4); and
6689          (ii) remove the voter's signature from the initiative petition and the initiative petition

6690     signature totals.
6691          (b) The county clerk shall comply with Subsection (5)(a) before the later of:
6692          (i) the deadline described in Subsection (4); or
6693          (ii) two business days after the day on which the county clerk receives a statement
6694     requesting signature removal under Subsection 20A-7-216(4).
6695          Section 113. Section 20A-7-301 is amended to read:
6696          20A-7-301. Referendum -- Signature requirements -- Submission to voters.
6697          (1) (a) A person seeking to have a law passed by the Legislature submitted to a vote of
6698     the people shall, after filing a referendum application, obtain:
6699          (i) legal signatures equal to 8% of the number of active voters in the state on January 1
6700     immediately following the last regular general election; and
6701          (ii) from at least 15 Senate districts, legal signatures equal to 8% of the number of
6702     active voters in that Senate district on January 1 immediately following the last regular general
6703     election.
6704          (b) When the [lieutenant governor] director declares that a referendum petition is
6705     signed by a sufficient number of voters to meet the requirements of Subsection (1)(a), the
6706     governor shall issue an executive order that:
6707          (i) directs that the referendum be submitted to the voters at the next regular general
6708     election; or
6709          (ii) calls a special election according to the requirements of Section 20A-1-203 and
6710     directs that the referendum be submitted to the voters at that special election.
6711          (2) When the [lieutenant governor] director declares that a referendum petition is
6712     signed by a sufficient number of voters, the law that is the subject of the petition does not take
6713     effect unless and until it is approved by a vote of the people at a regular general election or a
6714     statewide special election.
6715          (3) The [lieutenant governor] director shall provide the following information to any
6716     interested person:
6717          (a) the number of active voters in the state on January 1 immediately following the last
6718     regular general election; and
6719          (b) for each county, the number of active voters in that Senate district on January 1
6720     immediately following the last regular general election.

6721          Section 114. Section 20A-7-302 is amended to read:
6722          20A-7-302. Referendum process -- Application procedures.
6723          (1) Individuals wishing to circulate a referendum petition shall file a referendum
6724     application with the [lieutenant governor] director before 5 p.m. within five calendar days after
6725     the day on which the legislative session at which the law passed ends.
6726          (2) The referendum application shall include:
6727          (a) the name and residence address of at least five sponsors of the referendum petition;
6728          (b) a statement indicating that each of the sponsors is registered to vote in Utah;
6729          (c) a statement indicating whether persons gathering signatures for the referendum
6730     petition may be paid for gathering signatures;
6731          (d) the signature of each of the sponsors, attested to by a notary public; and
6732          (e) a copy of the law that is the subject of the proposed referendum.
6733          Section 115. Section 20A-7-303 is amended to read:
6734          20A-7-303. Manual referendum process -- Form of referendum petition and
6735     signature sheets.
6736          (1) This section applies only to the manual referendum process.
6737          (2) (a) Each proposed referendum petition shall be printed in substantially the
6738     following form:
6739          "REFERENDUM PETITION To the [Honorable ____, Lieutenant Governor] director
6740     of the Elections Office:
6741          We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
6742     ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
6743     the part or parts on which the referendum is sought), passed by the Legislature of the state of
6744     Utah during the ____ Session, be referred to the people of Utah for their approval or rejection
6745     at a regular general election or a statewide special election;
6746          Each signer says:
6747          I have personally signed this referendum petition;
6748          The date next to my signature correctly reflects the date that I actually signed the
6749     referendum petition;
6750          I have personally reviewed the entire statement included with this referendum packet;
6751          I am registered to vote in Utah; and

6752          My residence and post office address are written correctly after my name.".
6753          (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
6754     law that is the subject of the referendum to each referendum petition.
6755          (3) Each referendum signature sheet shall:
6756          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
6757          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
6758     that line blank for the purpose of binding;
6759          (c) include the title of the referendum printed below the horizontal line, in at least
6760     14-point, bold type;
6761          (d) include a table immediately below the title of the referendum, and beginning .5 inch
6762     from the left side of the paper, as follows:
6763          (i) the first column shall be .5 inch wide and include three rows;
6764          (ii) the first row of the first column shall be .85 inch tall and contain the words "For
6765     Office Use Only" in 10-point type;
6766          (iii) the second row of the first column shall be .35 inch tall;
6767          (iv) the third row of the first column shall be .5 inch tall;
6768          (v) the second column shall be 2.75 inches wide;
6769          (vi) the first row of the second column shall be .35 inch tall and contain the words
6770     "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
6771          (vii) the second row of the second column shall be .5 inch tall;
6772          (viii) the third row of the second column shall be .35 inch tall and contain the words
6773     "Street Address, City, Zip Code" in 10-point type;
6774          (ix) the fourth row of the second column shall be .5 inch tall;
6775          (x) the third column shall be 2.75 inches wide;
6776          (xi) the first row of the third column shall be .35 inch tall and contain the words
6777     "Signature of Registered Voter" in 10-point type;
6778          (xii) the second row of the third column shall be .5 inch tall;
6779          (xiii) the third row of the third column shall be .35 inch tall and contain the words
6780     "Email Address (optional, to receive additional information)" in 10-point type;
6781          (xiv) the fourth row of the third column shall be .5 inch tall;
6782          (xv) the fourth column shall be one inch wide;

6783          (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
6784     "Date Signed" in 10-point type;
6785          (xvii) the second row of the fourth column shall be .5 inch tall;
6786          (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
6787     "Birth Date or Age (optional)" in 10-point type;
6788          (xix) the fourth row of the third column shall be .5 inch tall; and
6789          (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
6790     and contain the following words "By signing this referendum petition, you are stating that you
6791     have read and understand the law that this referendum petition seeks to overturn." in 12-point
6792     type;
6793          (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
6794     the bottom of the sheet for the information described in Subsection (3)(f); and
6795          (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
6796     followed by the following statement in not less than eight-point type:
6797          "It is a class A misdemeanor for an individual to sign a referendum petition with a name
6798     other than the individual's own name, or to knowingly sign the individual's name more than
6799     once for the same referendum petition, or to sign a referendum petition when the individual
6800     knows that the individual is not a registered voter.
6801          Birth date or age information is not required, but it may be used to verify your identity
6802     with voter registration records. If you choose not to provide it, your signature may not be
6803     verified as a valid signature if you change your address before petition signatures are verified
6804     or if the information you provide does not match your voter registration records."
6805          (4) The final page of each referendum packet shall contain the following printed or
6806     typed statement:
6807          Verification of signature collector
6808          State of Utah, County of ____
6809          I, _______________, of ____, hereby state, under penalty of perjury, that:
6810          I am a Utah resident and am at least 18 years old;
6811          All the names that appear in this referendum packet were signed by individuals who
6812     professed to be the individuals whose names appear in it, and each of the individuals signed the
6813     individual's name on it in my presence;

6814          I did not knowingly make a misrepresentation of fact concerning the law this petition
6815     seeks to overturn;
6816          I believe that each individual has printed and signed the individual's name and written
6817     the individual's post office address and residence correctly, that each signer has read and
6818     understands the law that the referendum seeks to overturn, and that each signer is registered to
6819     vote in Utah.
6820          Each individual who signed the referendum packet wrote the correct date of signature
6821     next to the individual's name.
6822          I have not paid or given anything of value to any individual who signed this referendum
6823     packet to encourage that individual to sign it.
6824     ________________________________________________________________________
6825          (Name)      (Residence Address) (Date).
6826          (5) If the forms described in this section are substantially followed, the referendum
6827     petitions are sufficient, notwithstanding clerical and merely technical errors.
6828          (6) An individual's status as a resident, under Subsection (4), is determined in
6829     accordance with Section 20A-2-105.
6830          Section 116. Section 20A-7-304 is amended to read:
6831          20A-7-304. Manual referendum process -- Circulation requirements -- Director
6832     to provide sponsors with materials.
6833          (1) This section applies only to the manual referendum process.
6834          (2) In order to obtain the necessary number of signatures required by this part, the
6835     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
6836     in Subsection (3), circulate referendum packets that meet the form requirements of this part.
6837          (3) The [lieutenant governor] director shall provide the sponsors with
6838          a copy of the referendum petition and
6839          a signature sheet within three days after the day on which the sponsors sign an
6840     agreement, under Subsection (6)(a), with the [Office of the Lieutenant Governor] office
6841     specifying the range of numbers that the sponsors will use to number the referendum packets.
6842          (4) The sponsors of the referendum petition shall:
6843          (a) arrange and pay for the printing of all documents that are part of the referendum
6844     packets; and

6845          (b) ensure that the referendum packets and the documents described in Subsection
6846     (4)(a) meet the form requirements of this section.
6847          (5) (a) The sponsors or an agent of the sponsors may prepare the referendum packets
6848     for circulation by creating multiple referendum packets.
6849          (b) The sponsors or an agent of the sponsors shall create referendum packets by
6850     binding a copy of the referendum petition with the text of the law that is the subject of the
6851     referendum and no more than 50 signature sheets together at the top in a manner that the
6852     referendum packets may be conveniently opened for signing.
6853          (c) A referendum packet is not required to have a uniform number of signature sheets.
6854          (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
6855          (i) contact the [lieutenant governor's] office to receive a range of numbers that the
6856     sponsors may use to number referendum packets;
6857          (ii) sign an agreement with the [Office of the Lieutenant Governor] office, specifying
6858     the range of numbers that the sponsor will use to number the referendum packets; and
6859          (iii) number each referendum packet, sequentially, within the range of numbers
6860     provided by the [lieutenant governor's] office, starting with the lowest number in the range.
6861          (b) The sponsors or an agent of the sponsors may not:
6862          (i) number a referendum packet in a manner not directed by the [lieutenant governor's]
6863     office; or
6864          (ii) circulate or submit a referendum packet that is not numbered in the manner
6865     directed by the [lieutenant governor's] office.
6866          Section 117. Section 20A-7-304.5 is amended to read:
6867          20A-7-304.5. Posting referendum information.
6868          (1) On the day on which the [lieutenant governor] director complies with Subsection
6869     20A-7-304(3), or provides the sponsors with access to the website defined in Section
6870     20A-21-101, the [lieutenant governor] director shall post the following information together in
6871     a conspicuous place on the [lieutenant governor's] office's website:
6872          (a) the referendum petition;
6873          (b) a copy of the law that is the subject of the referendum petition; and
6874          (c) information describing how an individual may remove the individual's signature
6875     from the referendum petition.

6876          (2) The [lieutenant governor] director shall:
6877          (a) promptly update the information described in Subsection (1) if the information
6878     changes; and
6879          (b) maintain the information described in Subsection (1) on the [lieutenant governor's]
6880     office's website until the referendum fails to qualify for the ballot or is passed or defeated at an
6881     election.
6882          Section 118. Section 20A-7-307 is amended to read:
6883          20A-7-307. Evaluation by the director.
6884          (1) In relation to the manual referendum process, when the [lieutenant governor]
6885     director receives a referendum packet from a county clerk, the [lieutenant governor] director
6886     shall record the number of the referendum packet received.
6887          (2) The county clerk shall:
6888          (a) in relation to the manual referendum process:
6889          (i) post the names, voter identification numbers, and dates of signatures described in
6890     Subsection 20A-7-105(6)(a)(iii) on the [lieutenant governor's] office's website, in a
6891     conspicuous location designated by the [lieutenant governor] director, for at least 45 days; and
6892          (ii) update on the [lieutenant governor's] office's website the number of signatures
6893     certified as of the date of the update; or
6894          (b) in relation to the electronic referendum process:
6895          (i) post the names, voter identification numbers, and dates of signatures described in
6896     Subsection 20A-7-315(4) on the [lieutenant governor's] office's website, in a conspicuous
6897     location designated by the [lieutenant governor] director, for at least 45 days; and
6898          (ii) update on the [lieutenant governor's] office's website the number of signatures
6899     certified as of the date of the update.
6900          (3) The [lieutenant governor] director:
6901          (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
6902     sufficient or insufficient 106 days after the end of the legislative session at which the law
6903     passed; or
6904          (b) may declare the referendum petition to be insufficient before the day described in
6905     Subsection (3)(a) if:
6906          (i) in relation to the manual referendum process, the total of all valid signatures on

6907     timely and lawfully submitted referendum packets that have been certified by the county clerks,
6908     plus the number of signatures on timely and lawfully submitted referendum packets that have
6909     not yet been evaluated for certification, is less than the number of names required under
6910     Section 20A-7-301;
6911          (ii) in relation to the electronic referendum process, the total of all timely and lawfully
6912     submitted valid signatures that have been certified by the county clerks, plus the number of
6913     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
6914     that have not yet been evaluated for certification, is less than the number of names required
6915     under Section 20A-7-301; or
6916          (iii) a requirement of this part has not been met.
6917          (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
6918     the number of names required under Section 20A-7-301, and the requirements of this part are
6919     met, the [lieutenant governor] director shall mark upon the front of the referendum petition the
6920     word "sufficient."
6921          (b) If the total number of names certified under Subsection (3) does not equal or
6922     exceed the number of names required under Section 20A-7-301 or a requirement of this part is
6923     not met, the [lieutenant governor] director shall mark upon the front of the referendum petition
6924     the word "insufficient."
6925          (c) The [lieutenant governor] director shall immediately notify any one of the sponsors
6926     of the [lieutenant governor's] director's finding.
6927          (d) After a referendum petition is declared insufficient, a person may not submit
6928     additional signatures to qualify the referendum for the ballot.
6929          (5) (a) If the [lieutenant governor] director refuses to declare a referendum petition
6930     sufficient that a voter believes is legally sufficient, the voter may, no later than 10 days after the
6931     day on which the [lieutenant governor] director declares the petition insufficient, apply to the
6932     appropriate court for an order finding the referendum petition legally sufficient.
6933          (b) If the court determines that the referendum petition is legally sufficient, the
6934     [lieutenant governor] director shall mark the referendum petition "sufficient" and consider the
6935     declaration of sufficiency effective as of the date on which the referendum petition should have
6936     been declared sufficient by the [lieutenant governor's office] director.
6937          (c) If the court determines that a referendum petition filed is not legally sufficient, the

6938     court may enjoin the [lieutenant governor] director and all other officers from certifying or
6939     printing the ballot title and numbers of that measure on the official ballot.
6940          (6) A referendum petition determined to be sufficient in accordance with this section is
6941     qualified for the ballot.
6942          Section 119. Section 20A-7-308 is amended to read:
6943          20A-7-308. Short title and summary of referendum -- Duties of director and
6944     Office of Legislative Research and General Counsel.
6945          (1) Whenever a referendum petition is declared sufficient for submission to a vote of
6946     the people, the [lieutenant governor] director shall deliver a copy of the referendum petition
6947     and the law to which the referendum relates to the Office of Legislative Research and General
6948     Counsel.
6949          (2) (a) The Office of Legislative Research and General Counsel shall:
6950          (i) entitle each statewide referendum that qualifies for the ballot "Proposition Number
6951     __" and assign a number to the referendum in accordance with Section 20A-6-107;
6952          (ii) prepare for each referendum:
6953          (A) an impartial short title, not exceeding 25 words, that generally describes the law to
6954     which the referendum relates; and
6955          (B) an impartial summary of the contents of the law to which the referendum relates,
6956     not exceeding 125 words; and
6957          (iii) submit the short title and summary to the [lieutenant governor] director within 15
6958     days after the day on which the Office of Legislative Research and General Counsel receives
6959     the petition under Subsection (1).
6960          (b) The short title and summary may be distinct from the title of the law that is the
6961     subject of the referendum.
6962          (c) Subject to Subjection (4), for each statewide referendum, the official ballot shall
6963     show, in the following order:
6964          (i) the number of the referendum, determined in accordance with Section 20A-6-107;
6965          (ii) the short title; and
6966          (iii) except as provided in Subsection (2)(d):
6967          (A) the summary;
6968          (B) a copy of the law; and

6969          (C) a link to a location on the [lieutenant governor's] office's website where a voter
6970     may review additional information relating to each referendum, including the information
6971     described in Subsection 20A-7-302(2) and the arguments relating to the referendum that are
6972     included in the voter information pamphlet.
6973          (d) Unless the information described in Subsection (2)(c)(iii) is shown on the official
6974     ballot, the election officer shall include with the ballot a separate ballot proposition insert that
6975     includes the short title and summary for each referendum on the ballot and a link to a location
6976     on the [lieutenant governor's] office's website where a voter may review the additional
6977     information described in Subsection (2)(c)(iii)(C).
6978          (e) Unless the information described in Subsection 20A-7-209(2)(d)(iii) for all
6979     initiatives on the ballot, and the information described in Subsection (2)(c)(iii) for all referenda
6980     on the ballot, is printed on the ballot, the ballot shall include the following statement at the
6981     beginning of the portion of the ballot that includes ballot measures, "The ballot proposition
6982     sheet included with this ballot contains an impartial summary of each initiative and referendum
6983     on this ballot, unless the summary is printed directly on the ballot."
6984          (3) Immediately after the Office of Legislative Research and General Counsel submits
6985     the short title and summary to the [lieutenant governor] director, the [lieutenant governor]
6986     director shall mail or email a copy of the short title and summary to any of the sponsors of the
6987     referendum petition.
6988          (4) (a) (i) At least three of the sponsors of the referendum petition may, within 15 days
6989     after the day on which the [lieutenant governor] director mails the short title and summary,
6990     challenge the wording of the short title and summary prepared by the Office of Legislative
6991     Research and General Counsel to the appropriate court.
6992          (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
6993     notice of the appeal to:
6994          (A) any person or group that has filed an argument for or against the law to which the
6995     referendum relates; and
6996          (B) any political issues committee established under Section 20A-11-801 that has filed
6997     written or electronic notice with the [lieutenant governor] director that identifies the name,
6998     mailing or email address, and telephone number of the person designated to receive notice
6999     about any issues relating to the referendum.

7000          (b) (i) There is a presumption that the short title prepared by the Office of Legislative
7001     Research and General Counsel is an impartial description of the contents of the referendum.
7002          (ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
7003     presumption by clearly and convincingly establishing that the short title is false or biased.
7004          (iii) There is a presumption that the summary prepared by the Office of Legislative
7005     Research and General Counsel is an impartial summary of the contents of the law to which the
7006     referendum relates.
7007          (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
7008     the presumption by clearly and convincingly establishing that the summary is false or biased.
7009          (c) The court shall:
7010          (i) examine the short title and summary;
7011          (ii) hear arguments; and
7012          (iii) enter an order consistent with the requirements of this section.
7013          (d) The [lieutenant governor] director shall, in accordance with the court's order, certify
7014     the short title and summary to the county clerks for inclusion in the ballot or ballot proposition
7015     insert, as required by this section.
7016          Section 120. Section 20A-7-309 is amended to read:
7017          20A-7-309. Form of ballot -- Manner of voting.
7018          (1) A county clerk shall ensure that the number and ballot title certified by the
7019     [lieutenant governor] director are presented upon the official ballot with, immediately adjacent
7020     to the number and ballot title, the words "For" and "Against," each word presented with an
7021     adjacent square in which a voter may indicate the voter's vote.
7022          (2) (a) (i) A voter desiring to vote in favor of the law that is the subject of the
7023     referendum shall mark the square adjacent to the word "For."
7024          (ii) The law that is the subject of the referendum takes effect if a majority of voters
7025     mark "For."
7026          (b) (i) A voter desiring to vote against the law that is the subject of the referendum
7027     shall mark the square adjacent to the word "Against."
7028          (ii) The law that is the subject of the referendum does not take effect if a majority of
7029     voters mark "Against."
7030          Section 121. Section 20A-7-310 is amended to read:

7031          20A-7-310. Return and canvass -- Conflicting measures.
7032          (1) The votes on the law that is the subject of the referendum petition shall be counted,
7033     canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
7034          (2) After the state board of canvassers completes its canvass, the [lieutenant governor]
7035     director shall certify to the governor the vote for and against the law that is the subject of the
7036     referendum petition.
7037          (3) (a) The governor shall immediately issue a proclamation that:
7038          (i) gives the total number of votes cast in the state for and against each law that is the
7039     subject of a referendum petition; and
7040          (ii) declares those laws that are the subject of a referendum petition that are approved
7041     by majority vote to be in full force and effect as the law of Utah on the effective date described
7042     in Section 20A-7-311.
7043          (b) When the governor determines that two laws, or that parts of two laws approved by
7044     the people at the same election are entirely in conflict, the governor shall proclaim to be law the
7045     law that received the greatest number of affirmative votes, regardless of the difference in the
7046     majorities which those approved laws received.
7047          (4) (a) Within 10 days after the day on which the governor issues the proclamation
7048     described in Subsection (3), any qualified voter who signed the referendum petition for the law
7049     that is declared by the governor to be superseded by another law approved at the same election
7050     may apply to the appropriate court to review the governor's decision.
7051          (b) The court shall:
7052          (i) consider the matter and decide whether the approved laws are in conflict; and
7053          (ii) enter an order consistent with the court's decision.
7054          (5) Within 10 days after the day on which the court enters an order described in
7055     Subsection (4)(b)(ii), the governor shall:
7056          (a) proclaim as law all those laws approved by the people that the court determines are
7057     not in conflict; and
7058          (b) of all those laws approved by the people as law that the court determines to be in
7059     conflict, proclaim as law the one that receives the greatest number of affirmative votes,
7060     regardless of difference in majorities.
7061          Section 122. Section 20A-7-311 is amended to read:

7062          20A-7-311. Temporary stay -- Effective date -- Effect of repeal by Legislature.
7063          (1) If, at the time during the counting period described in Section 20A-7-307, the
7064     [lieutenant governor] director determines that, at that point in time, an adequate number of
7065     signatures are certified to comply with the signature requirements, the [lieutenant governor]
7066     director shall:
7067          (a) issue an order temporarily staying the law from going into effect; and
7068          (b) continue the process of certifying signatures and removing signatures as required by
7069     this part.
7070          (2) The temporary stay described in Subsection (1) remains in effect, regardless of
7071     whether a future count falls below the signature threshold, until the day on which:
7072          (a) if the [lieutenant governor] director declares the referendum petition insufficient,
7073     five days after the day on which the [lieutenant governor] director declares the referendum
7074     petition insufficient; or
7075          (b) if the [lieutenant governor] director declares the referendum petition sufficient, the
7076     day on which governor issues the proclamation described in Section 20A-7-310.
7077          (3) A law submitted to the people by referendum that is approved by the voters at an
7078     election takes effect the later of:
7079          (a) five days after the date of the official proclamation of the vote by the governor; or
7080          (b) the effective date specified in the approved law.
7081          (4) If, after the [lieutenant governor] director issues a temporary stay order under
7082     Subsection (1)(a), the [lieutenant governor] director declares the referendum petition
7083     insufficient, the law that is the subject of the referendum petition takes effect the later of:
7084          (a) five days after the day on which the [lieutenant governor] director declares the
7085     referendum petition insufficient; or
7086          (b) the effective date specified in the law that is the subject of the referendum petition.
7087          (5) (a) The governor may not veto a law approved by the people.
7088          (b) The Legislature may amend any laws approved by the people at any legislative
7089     session after the people approve the law.
7090          (6) If the Legislature repeals a law challenged by referendum petition under this part,
7091     the referendum petition is void and no further action on the referendum petition is required.
7092          Section 123. Section 20A-7-313 is amended to read:

7093          20A-7-313. Electronic referendum process -- Form of referendum petition --
7094     Circulation requirements -- Signature collection.
7095          (1) This section applies only to the electronic referendum process.
7096          (2) (a) The first screen presented on the approved device shall include the following
7097     statement:
7098          "This REFERENDUM PETITION is addressed to the [Honorable ____, Lieutenant
7099     Governor] director of the Elections Office:
7100          The citizens of Utah who sign this petition respectfully order that Senate (or House)
7101     Bill No.____, entitled (title of act, and, if the petition is against less than the whole act, set
7102     forth here the part or parts on which the referendum is sought), passed by the Legislature of the
7103     state of Utah during the ____ Session, be referred to the people of Utah for their approval or
7104     rejection at a regular general election or a statewide special election."
7105          (b) An individual may not advance to the second screen until the individual clicks a
7106     link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
7107     understand the information presented on this screen."
7108          (3) (a) The second screen presented on the approved device shall include the entire text
7109     of the law that is the subject of the referendum petition.
7110          (b) An individual may not advance to the third screen until the individual clicks a link
7111     at the bottom of the second screen stating, "By clicking here, I attest that I have read and
7112     understand the entire text of the law that is the subject of the referendum petition."
7113          (4) (a) The third screen presented on the approved device shall include a statement
7114     indicating whether persons gathering signatures for the referendum petition may be paid for
7115     gathering signatures.
7116          (b) An individual may not advance to the fourth screen until the individual clicks a link
7117     at the bottom of the first screen stating, "By clicking here, I attest that I have read and
7118     understand the information presented on this screen."
7119          (5) The fourth screen presented on the approved device shall include the following
7120     statement, followed by links where the individual may click "yes" or "no":
7121          "I have personally reviewed the entirety of each statement presented on this device;
7122          I am personally signing this referendum petition;
7123          I am registered to vote in Utah; and

7124          All information I enter on this device, including my residence and post office address, is
7125     accurate.
7126          It is a class A misdemeanor for an individual to sign a referendum petition with a name
7127     other than the individual's own name, or to knowingly sign the individual's name more than
7128     once for the same referendum petition, or to sign a referendum petition when the individual
7129     knows that the individual is not a registered voter.
7130          WARNING
7131          Even if your voter registration record is classified as private, your name, voter
7132     identification number, and date of signature in relation to signing this referendum petition will
7133     be made public.
7134          Do you wish to continue and sign this referendum petition?"
7135          (6) (a) If the individual clicks "no" in response to the question described in Subsection
7136     (5), the next screen shall include the following statement, "Thank you for your time. Please
7137     return this device to the signature-gatherer."
7138          (b) If the individual clicks "yes" in response to the question described in Subsection
7139     (5), the website, or the application that accesses the website, shall take the signature-gatherer
7140     and the individual signing the referendum petition through the signature process described in
7141     Section 20A-21-201.
7142          Section 124. Section 20A-7-314 is amended to read:
7143          20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
7144     remove signature.
7145          (1) This section applies to the electronic referendum process.
7146          (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
7147          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
7148     an individual:
7149          (a) verifies that the individual is at least 18 years old and meets the residency
7150     requirements of Section 20A-2-105; and
7151          (b) is informed that each signer is required to read and understand the law that is the
7152     subject of the referendum petition.
7153          (4) A voter who signs a referendum petition may have the voter's signature removed
7154     from the referendum petition by submitting to the county clerk a statement requesting that the

7155     voter's signature be removed before 5 p.m. no later than the earlier of:
7156          (a) 30 days after the day on which the voter signs the statement requesting removal; or
7157          (b) 45 days after the day on which the [lieutenant governor] director posts the voter's
7158     name under Subsection 20A-7-315(4).
7159          (5) (a) The statement described in Subsection (4) shall include:
7160          (i) the name of the voter;
7161          (ii) the resident address at which the voter is registered to vote;
7162          (iii) the signature of the voter; and
7163          (iv) the date of the signature described in Subsection (5)(a)(iii).
7164          (b) To increase the likelihood of the voter's signature being identified and removed, the
7165     statement described in Subsection (4) may include the voter's birth date or age.
7166          (c) A voter may not submit a signature removal statement described in Subsection (4)
7167     by email or other electronic means, unless the [lieutenant governor] director establishes a
7168     signature removal process that is consistent with the requirements of this section and Section
7169     20A-21-201.
7170          (d) A person may only remove an electronic signature from a referendum petition in
7171     accordance with this section.
7172          (e) A county clerk shall analyze a holographic signature, for purposes of removing an
7173     electronic signature from a referendum petition, in accordance with Subsection 20A-1-1003(3).
7174          Section 125. Section 20A-7-315 is amended to read:
7175          20A-7-315. Electronic referendum process -- Collecting signatures -- Removal of
7176     signatures.
7177          (1) This section applies only to the electronic referendum process.
7178          (2) A signature-gatherer may not collect a signature after 5 p.m., 40 days after the day
7179     on which the legislative session at which the law passed ends.
7180          (3) The [lieutenant governor] director shall send to each individual who provides a
7181     valid email address during the signature-gathering process an email that includes the following:
7182          (a) the subject of the email shall include the following statement, "Notice Regarding
7183     Your Petition Signature"; and
7184          (b) the body of the email shall include the following statement in 12-point type:
7185          "You signed a petition for the following referendum:

7186          [insert title of referendum]
7187          To access a copy of the referendum petition, the law that is the subject of the
7188     referendum petition, and information on the deadline for removing your signature from the
7189     referendum petition, please visit the following link: [insert a uniform resource locator that takes
7190     the individual directly to the page on the [lieutenant governor's] office's website that includes
7191     the information referred to in the email]."
7192          (4) Except as provided in Subsection (5), the county clerk shall, within two business
7193     days after the day on which the signature of an individual who signs a referendum petition is
7194     certified under Section 20A-21-201, post the name, voter identification number, and date of
7195     signature of the individual on the [lieutenant governor's] office's website, in a conspicuous
7196     location designated by the [lieutenant governor] director.
7197          (5) (a) If the county clerk timely receives a statement requesting signature removal
7198     under Subsection 20A-7-314(4), the county clerk shall:
7199          (i) ensure that the voter's name, voter identification number, and date of signature are
7200     not included in the posting described in Subsection (4); and
7201          (ii) remove the voter's signature from the referendum petition and the signature totals.
7202          (b) The county clerk shall comply with Subsection (5)(a) before the later of:
7203          (i) the deadline described in Subsection (4); or
7204          (ii) two business days after the day on which the county clerk receives a statement
7205     requesting signature removal under Subsection 20A-7-314(4).
7206          Section 126. Section 20A-7-406 is amended to read:
7207          20A-7-406. Informational materials.
7208          The [lieutenant governor] director shall create and publish to the [lieutenant governor's]
7209     office's website instructions on how a person may:
7210          (1) qualify a local initiative for the ballot under Part 5, Local Initiatives - Procedures;
7211     or
7212          (2) qualify a local referendum for the ballot under Part 6, Local Referenda -
7213     Procedures.
7214          Section 127. Section 20A-7-507 is amended to read:
7215          20A-7-507. Evaluation by the local clerk.
7216          (1) In relation to the manual initiative process, when a local clerk receives an initiative

7217     packet from a county clerk, the local clerk shall record the number of the initiative packet
7218     received.
7219          (2) The county clerk shall:
7220          (a) in relation to the manual initiative process:
7221          (i) post the names, voter identification numbers, and dates of signatures described in
7222     Subsection 20A-7-105(6)(a)(iii) on the [lieutenant governor's] office's website, in a
7223     conspicuous location designated by the [lieutenant governor] director, for at least 90 days; and
7224          (ii) update on the local government's website the number of signatures certified as of
7225     the date of the update; or
7226          (b) in relation to the electronic initiative process:
7227          (i) post the names, voter identification numbers, and dates of signatures described in
7228     Subsection 20A-7-516(4) on the [lieutenant governor's] office's website, in a conspicuous
7229     location designated by the [lieutenant governor] director, for at least 90 days; and
7230          (ii) update on the local government's website the number of signatures certified as of
7231     the date of the update.
7232          (3) The local clerk:
7233          (a) shall, except as provided in Subsection (3)(b), declare the initiative petition to be
7234     sufficient or insufficient:
7235          (i) in relation to the manual initiative process, no later than 21 days after the day of the
7236     applicable deadline described in Subsection 20A-7-105(5)(a)(iii); or
7237          (ii) in relation to the electronic initiative process, no later than 21 days after the day of
7238     the applicable deadline described in Subsection 20A-7-516(2); or
7239          (b) may declare the initiative petition to be insufficient before the day described in
7240     Subsection (3)(a) if:
7241          (i) in relation to the manual initiative process, the total of all valid signatures on timely
7242     and lawfully submitted initiative packets that have been certified by the county clerks, plus the
7243     number of signatures on timely and lawfully submitted initiative packets that have not yet been
7244     evaluated for certification, is less than the number of names required under Section 20A-7-501;
7245          (ii) in relation to the electronic initiative process, the total of all timely and lawfully
7246     submitted valid signatures that have been certified by the county clerks, plus the number of
7247     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)

7248     that have not yet been evaluated for certification, is less than the number of names required
7249     under Section 20A-7-501; or
7250          (iii) a requirement of this part has not been met.
7251          (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
7252     the number of names required by Section 20A-7-501 and the requirements of this part are met,
7253     the local clerk shall mark upon the front of the initiative petition the word "sufficient."
7254          (b) If the total number of names certified under Subsection (3) does not equal or
7255     exceed the number of names required by Section 20A-7-501 or a requirement of this part is not
7256     met, the local clerk shall mark upon the front of the initiative petition the word "insufficient."
7257          (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
7258     finding.
7259          (d) After an initiative petition is declared insufficient, a person may not submit
7260     additional signatures to qualify the initiative for the ballot.
7261          (5) If the local clerk finds the total number of certified signatures for the initiative
7262     petition to be insufficient, any sponsor may file a written demand with the local clerk for a
7263     recount of the signatures collected for the initiative petition in the presence of any sponsor.
7264          (6) An initiative petition determined to be sufficient in accordance with this section is
7265     qualified for the ballot.
7266          Section 128. Section 20A-7-515 is amended to read:
7267          20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
7268     remove signature.
7269          (1) This section applies to the electronic initiative process.
7270          (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
7271     resides in the local jurisdiction.
7272          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
7273     an individual:
7274          (a) verifies that the individual is at least 18 years old and meets the residency
7275     requirements of Section 20A-2-105; and
7276          (b) is informed that each signer is required to read and understand the law proposed by
7277     the initiative.
7278          (4) (a) A voter who signs an initiative petition may have the voter's signature removed

7279     from the initiative petition by submitting to the county clerk a statement requesting that the
7280     voter's signature be removed before 5 p.m. no later than the earlier of:
7281          (i) 30 days after the day on which the voter signs the signature removal statement;
7282          (ii) 90 days after the day on which the local clerk posts the voter's name under
7283     Subsection 20A-7-516(4);
7284          (iii) 316 days after the day on which the initiative application is filed; or
7285          (iv) (A) for a county initiative, April 15 immediately before the next regular general
7286     election immediately after the initiative application is filed under Section 20A-7-502; or
7287          (B) for a municipal initiative, April 15 immediately before the next municipal general
7288     election immediately after the initiative application is filed under Section 20A-7-502.
7289          (b) The statement described in Subsection (4)(a) shall include:
7290          (i) the name of the voter;
7291          (ii) the resident address at which the voter is registered to vote;
7292          (iii) the signature of the voter; and
7293          (iv) the date of the signature described in Subsection (4)(b)(iii).
7294          (c) To increase the likelihood of the voter's signature being identified and removed, the
7295     statement described in Subsection (4)(a) may include the voter's birth date or age.
7296          (d) A voter may not submit a signature removal statement described in Subsection
7297     (4)(a) by email or other electronic means, unless the [lieutenant governor] director establishes a
7298     signature removal process that is consistent with the requirements of this section and Section
7299     20A-21-201.
7300          (e) A person may only remove an electronic signature from an initiative petition in
7301     accordance with this section.
7302          (f) A county clerk shall analyze a holographic signature, for purposes of removing an
7303     electronic signature from an initiative petition, in accordance with Subsection 20A-1-1003(3).
7304          Section 129. Section 20A-7-516 is amended to read:
7305          20A-7-516. Electronic initiative process -- Collecting signatures -- Email
7306     notification -- Removal of signatures.
7307          (1) This section applies only to the electronic initiative process.
7308          (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
7309          (a) 316 days after the day on which the initiative application is filed; or

7310          (b) (i) for a county initiative, April 15 immediately before the next regular general
7311     election immediately after the initiative application is filed under Section 20A-7-502; or
7312          (ii) for a municipal initiative, April 15 immediately before the next municipal general
7313     election immediately after the initiative application is filed under Section 20A-7-502.
7314          (3) The local clerk shall send to each individual who provides a valid email address
7315     during the signature-gathering process an email that includes the following:
7316          (a) the subject of the email shall include the following statement, "Notice Regarding
7317     Your Petition Signature"; and
7318          (b) the body of the email shall include the following statement in 12-point type:
7319          "You signed a petition for the following initiative:
7320          [insert title of initiative]
7321          To access a copy of the initiative petition, the text of the law proposed by the initiative,
7322     the initial fiscal impact and legal statement, and information on the deadline for removing your
7323     signature from the initiative petition, please visit the following link: [insert a uniform resource
7324     locator that takes the individual directly to the page on the [lieutenant governor's] office's
7325     website that includes the information referred to in the email]."
7326          (4) Except as provided in Subsection (5), the county clerk shall, within two business
7327     days after the day on which the signature of an individual who signs an initiative petition is
7328     certified under Section 20A-21-201, post the name, voter identification number, and date of
7329     signature of the individual on the [lieutenant governor's] office's website, in a conspicuous
7330     location designated by the [lieutenant governor] director.
7331          (5) (a) If the local clerk timely receives a statement requesting signature removal under
7332     Subsection 20A-7-515(4), the local clerk shall:
7333          (i) ensure that the voter's name, voter identification number, and date of signature are
7334     not included in the posting described in Subsection (4); and
7335          (ii) remove the voter's signature from the initiative petition and the initiative petition
7336     signature totals.
7337          (b) The local clerk shall comply with Subsection (5)(a) before the later of:
7338          (i) the deadline described in Subsection (4); or
7339          (ii) two business days after the day on which the county clerk receives a statement
7340     requesting signature removal under Subsection 20A-7-515(4).

7341          Section 130. Section 20A-7-607 is amended to read:
7342          20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
7343     referendum.
7344          (1) In relation to the manual referendum process, when the local clerk receives a
7345     referendum packet from a county clerk, the local clerk shall record the number of the
7346     referendum packet received.
7347          (2) The county clerk shall:
7348          (a) in relation to the manual referendum process:
7349          (i) post the names, voter identification numbers, and dates of signatures described in
7350     Subsection 20A-7-105(6)(a)(iii) on the [lieutenant governor's] office's website, in a
7351     conspicuous location designated by the [lieutenant governor] director, for at least 45 days; and
7352          (ii) update on the local clerk's website the number of signatures certified as of the date
7353     of the update; or
7354          (b) in relation to the electronic referendum process:
7355          (i) post the names, voter identification numbers, and dates of signatures described in
7356     Subsection [20A-7-616(3)] 20A-7-616(4) on the [lieutenant governor's] office's website, in a
7357     conspicuous location designated by the [lieutenant governor] director, for at least 45 days; and
7358          (ii) update on the [lieutenant governor's] office's website the number of signatures
7359     certified as of the date of the update.
7360          (3) The local clerk:
7361          (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
7362     sufficient or insufficient:
7363          (i) in relation to the manual referendum process, no later than 111 days after the day of
7364     the deadline, described in Subsection 20A-7-105(5)(a)(iv), to submit a referendum packet to
7365     the county clerk; or
7366          (ii) in relation to the electronic referendum process, no later than 111 days after the day
7367     of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
7368          (b) may declare the referendum petition to be insufficient before the day described in
7369     Subsection (3)(a) if:
7370          (i) in relation to the manual referendum process, the total of all valid signatures on
7371     timely and lawfully submitted referendum packets that have been certified by the county clerk,

7372     plus the number of signatures on timely and lawfully submitted referendum packets that have
7373     not yet been evaluated for certification, is less than the number of names required under
7374     Section 20A-7-601;
7375          (ii) in relation to the electronic referendum process, the total of all timely and lawfully
7376     submitted valid signatures that have been certified by the county clerks, plus the number of
7377     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
7378     that have not yet been evaluated for certification, is less than the number of names required
7379     under Section 20A-7-601; or
7380          (iii) a requirement of this part has not been met.
7381          (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
7382     the number of names required under Section 20A-7-601, and the requirements of this part are
7383     met, the local clerk shall mark upon the front of the referendum petition the word "sufficient."
7384          (b) If the total number of names certified under Subsection (3) does not equal or
7385     exceed the number of names required under Section 20A-7-601 or a requirement of this part is
7386     not met, the local clerk shall mark upon the front of the referendum petition the word
7387     "insufficient."
7388          (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
7389     finding.
7390          (d) After a referendum petition is declared insufficient, a person may not submit
7391     additional signatures to qualify the referendum for the ballot.
7392          (5) (a) If the local clerk refuses to declare a referendum petition sufficient, any voter
7393     may, no later than 10 days after the day on which the local clerk declares the referendum
7394     petition insufficient, apply to the appropriate court for an order finding the referendum petition
7395     legally sufficient.
7396          (b) If the court determines that the referendum petition is legally sufficient, the local
7397     clerk shall mark the referendum petition "sufficient" and consider the declaration of sufficiency
7398     effective as of the date on which the referendum petition should have been declared sufficient
7399     by the local clerk's office.
7400          (c) If the court determines that a referendum petition filed is not legally sufficient, the
7401     court may enjoin the local clerk and all other officers from:
7402          (i) certifying or printing the ballot title and numbers of that referendum on the official

7403     ballot for the next election; or
7404          (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
7405     or mailing the ballot title and numbers of that referendum under Section 20A-7-609.5.
7406          (6) A referendum petition determined to be sufficient in accordance with this section is
7407     qualified for the ballot.
7408          (7) (a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
7409     legislative action taken after April 15, the election officer may not place the referendum on an
7410     election ballot until a primary election, a general election, or a special election the following
7411     year.
7412          (b) The election officer may place a referendum described in Subsection (7)(a) on the
7413     ballot for a special, primary, or general election held during the year that the legislative action
7414     was taken if the following agree, in writing, on a timeline to place the referendum on that
7415     ballot:
7416          (i) the local clerk;
7417          (ii) the county clerk; and
7418          (iii) the attorney for the county or municipality that took the legislative action.
7419          (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
7420     determines that the total number of certified names equals or exceeds the number of signatures
7421     required in Section 20A-7-601, the election officer shall place the referendum on the election
7422     ballot for:
7423          (i) the next general election; or
7424          (ii) another election, if the following agree, in writing, on a timeline to place the
7425     referendum on that ballot:
7426          (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
7427          (B) the local clerk;
7428          (C) the county clerk; and
7429          (D) the attorney for the county or municipality that took the legislative action.
7430          Section 131. Section 20A-7-615 is amended to read:
7431          20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
7432     remove signature.
7433          (1) This section applies to the electronic referendum process described in Section

7434     20A-21-201.
7435          (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
7436     resides in the local jurisdiction.
7437          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
7438     an individual:
7439          (a) verifies that the individual is at least 18 years old and meets the residency
7440     requirements of Section 20A-2-105; and
7441          (b) is informed that each signer is required to read and understand the law that is the
7442     subject of the referendum petition.
7443          (4) (a) A voter who signs a referendum petition may have the voter's signature removed
7444     from the referendum petition by submitting to the county clerk a statement requesting that the
7445     voter's signature be removed before 5 p.m. no later than the earlier of:
7446          (i) 30 days after the day on which the voter signs the statement requesting removal; or
7447          (ii) 45 days after the day on which the local clerk posts the voter's name under
7448     Subsection [20A-7-616(3)] 20A-7-616(4).
7449          (b) The statement described in Subsection (4)(a) shall include:
7450          (i) the name of the voter;
7451          (ii) the resident address at which the voter is registered to vote;
7452          (iii) the signature of the voter; and
7453          (iv) the date of the signature described in Subsection (4)(b)(iii).
7454          (c) To increase the likelihood of the voter's signature being identified and removed, the
7455     statement described in Subsection (4)(a) may include the voter's birth date or age.
7456          (d) A voter may not submit a signature removal statement described in Subsection
7457     (4)(a) by email or other electronic means, unless the [lieutenant governor] director establishes a
7458     signature removal process that is consistent with the requirements of this section and Section
7459     20A-21-201.
7460          (e) A person may only remove an electronic signature from a referendum petition in
7461     accordance with this section.
7462          (f) A county clerk shall analyze a holographic signature, for purposes of removing an
7463     electronic signature from a referendum petition, in accordance with Subsection 20A-1-1003(3).
7464          Section 132. Section 20A-7-616 is amended to read:

7465          20A-7-616. Electronic referendum process -- Collecting signatures -- Removal of
7466     signatures.
7467          (1) This section applies only to the electronic referendum process.
7468          (2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day
7469     on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8,
7470     that the referendum is legally referable to voters.
7471          (3) The local clerk shall send to each individual who provides a valid email address
7472     during the signature-gathering process an email that includes the following:
7473          (a) the subject of the email shall include the following statement, "Notice Regarding
7474     Your Petition Signature"; and
7475          (b) the body of the email shall include the following statement in 12-point type:
7476          "You signed a petition for the following referendum:
7477          [insert title of referendum]
7478          To access a copy of the referendum petition, the law that is the subject of the
7479     referendum petition, and information on the deadline for removing your signature from the
7480     referendum petition, please visit the following link: [insert a uniform resource locator that takes
7481     the individual directly to the page on the [lieutenant governor's] office's website that includes
7482     the information referred to in the email]."
7483          (4) Except as provided in Subsection (5), the county clerk shall, within two business
7484     days after the day on which the signature of an individual who signs a referendum petition is
7485     certified under Section 20A-21-201, post the name, voter identification number, and date of
7486     signature of the individual on the [lieutenant governor's] office's website, in a conspicuous
7487     location designated by the [lieutenant governor] director, for at least 45 days.
7488          (5) (a) If the local clerk timely receives a statement requesting signature removal under
7489     Subsection 20A-7-615(4), the local clerk shall:
7490          (i) ensure that the voter's name, voter identification number, and date of signature are
7491     not included in the posting described in Subsection (4); and
7492          (ii) remove the voter's signature from the referendum petition and the signature totals.
7493          (b) The local clerk shall comply with Subsection (5)(a) before the later of:
7494          (i) the deadline described in Subsection (4); or
7495          (ii) two business days after the day on which the county clerk receives a statement

7496     requesting signature removal under Subsection 20A-7-615(4).
7497          Section 133. Section 20A-7-701 is amended to read:
7498          20A-7-701. Voter information pamphlet to be prepared.
7499          (1) The [lieutenant governor] director shall cause to be prepared a voter information
7500     pamphlet designed to inform the voters of the state of the content, effect, operation, fiscal
7501     impact, and the supporting and opposing arguments of any measure submitted to the voters by
7502     the Legislature or by a statewide initiative or referendum petition.
7503          (2) The pamphlet shall also include a separate section prepared, analyzed, and
7504     submitted by the Judicial Council describing the judicial selection and retention process.
7505          (3) Voter information pamphlets prepared in association with a local initiative or a
7506     local referendum shall be prepared in accordance with the procedures and requirements of
7507     Section 20A-7-402.
7508          Section 134. Section 20A-7-702 is amended to read:
7509          20A-7-702. Voter information pamphlet -- Form -- Contents.
7510          The voter information pamphlet shall contain the following items in this order:
7511          (1) a cover title page;
7512          (2) an introduction to the pamphlet by the [lieutenant governor] director;
7513          (3) a table of contents;
7514          (4) a list of all candidates for constitutional offices;
7515          (5) a list of candidates for each legislative district;
7516          (6) a 100-word statement of qualifications for each candidate for the office of
7517     governor, lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by
7518     the candidate to the [lieutenant governor's] office before 5 p.m. on the first business day in
7519     August before the date of the election;
7520          (7) information pertaining to all measures to be submitted to the voters, beginning a
7521     new page for each measure and containing, in the following order for each measure:
7522          (a) a copy of the number and ballot title of the measure;
7523          (b) the final vote cast by the Legislature on the measure if it is a measure submitted by
7524     the Legislature or by referendum;
7525          (c) the impartial analysis of the measure prepared by the Office of Legislative Research
7526     and General Counsel;

7527          (d) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
7528     measure, the arguments against the measure, and the rebuttal to the arguments against the
7529     measure, with the name and title of the authors at the end of each argument or rebuttal;
7530          (e) for each constitutional amendment, a complete copy of the text of the constitutional
7531     amendment, with all new language underlined, and all deleted language placed within brackets;
7532          (f) for each initiative qualified for the ballot:
7533          (i) a copy of the initiative as certified by the [lieutenant governor] director and a copy
7534     of the initial fiscal impact statement prepared according to Section 20A-7-202.5; and
7535          (ii) if the initiative proposes a tax increase, the following statement in bold type:
7536          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
7537     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
7538     increase in the current tax rate."; and
7539          (g) for each referendum qualified for the ballot, a complete copy of the text of the law
7540     being submitted to the voters for their approval or rejection, with all new language underlined
7541     and all deleted language placed within brackets, as applicable;
7542          (8) a description provided by the Judicial Performance Evaluation Commission of the
7543     selection and retention process for judges, including, in the following order:
7544          (a) a description of the judicial selection process;
7545          (b) a description of the judicial performance evaluation process;
7546          (c) a description of the judicial retention election process;
7547          (d) a list of the criteria of the judicial performance evaluation and the certification
7548     standards;
7549          (e) the names of the judges standing for retention election; and
7550          (f) for each judge:
7551          (i) a list of the counties in which the judge is subject to retention election;
7552          (ii) a short biography of professional qualifications and a recent photograph;
7553          (iii) a narrative concerning the judge's performance;
7554          (iv) for each certification standard under Section 78A-12-205, a statement identifying
7555     whether, under Section 78A-12-205, the judge met the standard and, if not, the manner in
7556     which the judge failed to meet the standard;
7557          (v) a statement that the Judicial Performance Evaluation Commission:

7558          (A) has determined that the judge meets or exceeds minimum performance standards;
7559          (B) has determined that the judge does not meet or exceed minimum performance
7560     standards; or
7561          (C) has not made a determination regarding whether the judge meets or exceeds
7562     minimum performance standards;
7563          (vi) any statement, described in Subsection 78A-12-206(3)(b), provided by a judge
7564     whom the Judicial Performance Evaluation Commission determines does not meet or exceed
7565     minimum performance standards;
7566          (vii) in a bar graph, the average of responses to each survey category, displayed with an
7567     identification of the minimum acceptable score as set by Section 78A-12-205 and the average
7568     score of all judges of the same court level; and
7569          (viii) a website address that contains the Judicial Performance Evaluation
7570     Commission's report on the judge's performance evaluation;
7571          (9) for each judge, a statement provided by the Utah Supreme Court identifying the
7572     cumulative number of informal reprimands, when consented to by the judge in accordance with
7573     Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
7574     censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
7575     VIII, Section 13, during the judge's current term and the immediately preceding term, and a
7576     detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
7577     that the judge has received;
7578          (10) an explanation of ballot marking procedures prepared by the [lieutenant governor]
7579     director, indicating the ballot marking procedure used by each county and explaining how to
7580     mark the ballot for each procedure;
7581          (11) voter registration information, including information on how to obtain a ballot;
7582          (12) a list of all county clerks' offices and phone numbers;
7583          (13) the address of the Statewide Electronic Voter Information Website, with a
7584     statement indicating that the election officer will post on the website any changes to the
7585     location of a polling place and the location of any additional polling place;
7586          (14) a phone number that a voter may call to obtain information regarding the location
7587     of a polling place; and
7588          (15) on the back cover page, a printed copy of the following statement signed by the

7589     [lieutenant governor] director:
7590          "I, _______________ (print name), [Lieutenant Governor of Utah] director of the
7591     Elections Office, certify that the measures contained in this pamphlet will be submitted to the
7592     voters of Utah at the election to be held throughout the state on ____ (date of election), and that
7593     this pamphlet is complete and correct according to law.
7594     SEAL
7595          Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
7596     of ____ (month), ____ (year)
7597     
(signed) ____________________________________

7598     
[Lieutenant Governor] Elections Office Director".

7599          Section 135. Section 20A-7-702.5 is amended to read:
7600          20A-7-702.5. Publication of voter information pamphlet.
7601          (1) No earlier than 75 days, and no later than 15 days, before the day on which voting
7602     commences, the [lieutenant governor] director shall make all information provided in the voter
7603     information pamphlet available on the Statewide Electronic Voter Information Website
7604     Program described in Section 20A-7-801.
7605          (2) The [lieutenant governor] director may distribute a voter information pamphlet at a
7606     location frequented by a person who cannot easily access the Statewide Electronic Voter
7607     Information Website authorized by Section 20A-7-801.
7608          Section 136. Section 20A-7-703 is amended to read:
7609          20A-7-703. Impartial analysis of measure -- Determination of fiscal effects.
7610          (1) The director of the Office of Legislative Research and General Counsel, after the
7611     approval of the legislative general counsel as to legal sufficiency, shall:
7612          (a) prepare an impartial analysis of each measure submitted to the voters by the
7613     Legislature or by initiative or referendum petition; and
7614          (b) submit the impartial analysis to the [lieutenant governor] director no later than the
7615     day that falls 90 days before the date of the election in which the measure will appear on the
7616     ballot.
7617          (2) The director shall ensure that the impartial analysis:
7618          (a) is not more than 1,000 words long;
7619          (b) is prepared in clear and concise language that will easily be understood by the

7620     average voter;
7621          (c) avoids the use of technical terms as much as possible;
7622          (d) shows the effect of the measure on existing law;
7623          (e) identifies any potential conflicts with the United States or Utah Constitutions raised
7624     by the measure;
7625          (f) fairly describes the operation of the measure;
7626          (g) identifies the measure's fiscal effects over the time period or time periods
7627     determined by the director to be most useful in understanding the estimated fiscal impact of the
7628     proposed law; and
7629          (h) identifies the amount of any increase or decrease in revenue or cost to state or local
7630     government.
7631          (3) The director shall analyze the measure as it is proposed to be adopted without
7632     considering any implementing legislation, unless the implementing legislation has been enacted
7633     and will become effective upon the adoption of the measure by the voters.
7634          (4) (a) In determining the fiscal effects of a measure, the director shall confer with the
7635     legislative fiscal analyst.
7636          (b) The director shall consider any measure that requires implementing legislation in
7637     order to take effect to have no financial effect, unless implementing legislation has been
7638     enacted that will become effective upon adoption of the measure by the voters.
7639          (5) If the director requests the assistance of any state department, agency, or official in
7640     preparing the director's analysis, that department, agency, or official shall assist the director.
7641          Section 137. Section 20A-7-704 is amended to read:
7642          20A-7-704. Initiative measures -- Arguments for and against -- Voters' requests
7643     for argument -- Ballot arguments.
7644          (1) (a) Before 5 p.m. no later than July 1 of the regular general election year, a sponsor
7645     of any initiative petition that has been declared sufficient by the [lieutenant governor] director
7646     may deliver to the [lieutenant governor] director a written notice that the sponsor intends to
7647     submit a written argument for adoption of the measure.
7648          (b) If two or more sponsors timely submit a notice described in Subsection (1)(a), the
7649     [lieutenant governor] director shall designate one of the sponsors to submit the argument for
7650     the sponsor's side of the measure.

7651          (2) (a) Before 5 p.m. no later than July 1 of the regular general election year, a member
7652     of the Legislature may deliver to the speaker of the House and the president of the Senate a
7653     written notice that the legislator intends to submit a written argument against adoption of an
7654     initiative petition that has been declared sufficient by the [lieutenant governor] director.
7655          (b) If two or more legislators timely submit a notice described in Subsection (2)(a), the
7656     speaker of the House and the president of the Senate shall, no later than July 5, jointly
7657     designate one of the legislators to submit the argument to the [lieutenant governor] director.
7658          (3) The sponsors and the legislators submitting arguments shall ensure that each
7659     argument:
7660          (a) does not exceed 500 words in length, not counting the information described in
7661     Subsection (5); and
7662          (b) is delivered to the [lieutenant governor] director before 5 p.m. no later than July 10.
7663          (4) (a) If an argument for or against a measure to be submitted to the voters by
7664     initiative petition has not been filed within the time required under Subsection (3)(b):
7665          (i) the [Office of the Lieutenant Governor] office shall immediately:
7666          (A) send an electronic notice that complies with the requirements of Subsection (4)(b)
7667     to each individual in the state for whom the [Office of the Lieutenant Governor] office has an
7668     email address; or
7669          (B) post a notice that complies with the requirements of Subsection (4)(b) on the home
7670     page of the [lieutenant governor's] office's website;
7671          (ii) any voter may, before 5 p.m. no later than July 15, deliver written notice to the
7672     [lieutenant governor] director that the voter intends to submit a written argument for the side
7673     on which no argument has been filed; and
7674          (iii) if two or more voters timely submit the notice described in Subsection (4)(a)(ii) in
7675     relation to the same side of a measure, the [lieutenant governor] director shall designate one of
7676     the voters to write the argument.
7677          (b) A notice described in Subsection (4)(a)(i) shall contain:
7678          (i) the ballot title for the measure;
7679          (ii) instructions on how to submit a request under Subsection (4)(a)(ii); and
7680          (iii) the deadlines described in Subsections (4)(a)(ii) and (4)(c).
7681          (c) Any argument prepared under this Subsection (4) shall be submitted to the

7682     [lieutenant governor] director before 5 p.m. no later than July 20.
7683          (5) The [lieutenant governor] director may not accept a ballot argument submitted
7684     under this section unless the argument lists:
7685          (a) the name and address of the individual submitting the argument, if the argument is
7686     submitted by an individual voter; or
7687          (b) the name and address of the organization and the names and addresses of at least
7688     two of the organization's principal officers, if the argument is submitted on behalf of an
7689     organization.
7690          (6) (a) Except as provided in Subsection (6)(c) or (d), the authors may not amend or
7691     change the arguments after they are submitted to the [lieutenant governor] director.
7692          (b) Except as provided in Subsection (6)(c) or (d), the [lieutenant governor] director
7693     may not alter the arguments in any way.
7694          (c) The [lieutenant governor] director and the authors of an argument described in this
7695     section may jointly modify the argument after the argument is submitted if:
7696          (i) the [lieutenant governor] director and the authors jointly agree that changes to:
7697          (A) the argument must be made to correct spelling or grammatical errors; or
7698          (B) properly characterize the position of a state entity, if the argument mischaracterizes
7699     the position of a state entity; and
7700          (ii) the argument has not yet been submitted for typesetting.
7701          (d) If, after the [lieutenant governor] director determines that an argument described in
7702     this section mischaracterizes the position of a state entity, the [lieutenant governor] director and
7703     the authors of the argument cannot jointly agree on a change to the argument, the [lieutenant
7704     governor] director:
7705          (i) shall publish the argument with the mischaracterization; and
7706          (ii) may, immediately following the argument, publish a brief description of the
7707     position of the state entity.
7708          Section 138. Section 20A-7-705 is amended to read:
7709          20A-7-705. Measures to be submitted to voters and referendum measures --
7710     Preparation of argument of adoption.
7711          (1) (a) Whenever the Legislature submits any measure to the voters or whenever an act
7712     of the Legislature is referred to the voters by referendum petition, the presiding officer of the

7713     house of origin of the measure shall appoint the sponsor of the measure or act and one member
7714     of either house who voted with the majority to pass the act or submit the measure to draft an
7715     argument for the adoption of the measure.
7716          (b) (i) The argument may not exceed 500 words in length, not counting the information
7717     described in Subsection (4)(e).
7718          (ii) If the sponsor of the measure or act desires separate arguments to be written in
7719     favor by each person appointed, separate arguments may be written but the combined length of
7720     the two arguments may not exceed 500 words, not counting the information described in
7721     Subsection (4)(e).
7722          (2) (a) If a measure or act submitted to the voters by the Legislature or by referendum
7723     petition was not adopted unanimously by the Legislature, the presiding officer of each house
7724     shall, at the same time as appointments to an argument in its favor are made, appoint one
7725     member who voted against the measure or act from their house to write an argument against
7726     the measure or act.
7727          (b) (i) The argument may not exceed 500 words, not counting the information
7728     described in Subsection (4)(e).
7729          (ii) If those members appointed to write an argument against the measure or act desire
7730     separate arguments to be written in opposition to the measure or act by each person appointed,
7731     separate arguments may be written, but the combined length of the two arguments may not
7732     exceed 500 words, not counting the information described in Subsection (4)(e).
7733          (3) (a) The legislators appointed by the presiding officer of the Senate or House of
7734     Representatives to submit arguments shall submit the arguments to the [lieutenant governor]
7735     director not later than the day that falls 150 days before the date of the election.
7736          (b) Except as provided in Subsection (3)(d), the authors may not amend or change the
7737     arguments after they are submitted to the [lieutenant governor] director.
7738          (c) Except as provided in Subsection (3)(d), the [lieutenant governor] director may not
7739     alter the arguments in any way.
7740          (d) The [lieutenant governor] director and the authors of an argument may jointly
7741     modify an argument after it is submitted if:
7742          (i) they jointly agree that changes to the argument must be made to correct spelling or
7743     grammatical errors; and

7744          (ii) the argument has not yet been submitted for typesetting.
7745          (4) (a) If an argument for or an argument against a measure submitted to the voters by
7746     the Legislature or by referendum petition has not been filed by a member of the Legislature
7747     within the time required by this section:
7748          (i) the [lieutenant governor] director shall immediately:
7749          (A) send an electronic notice that complies with the requirements of Subsection (4)(b)
7750     to each individual in the state for whom the [Office of the Lieutenant Governor] office has an
7751     email address; or
7752          (B) post a notice that complies with the requirements of Subsection (4)(b) on the home
7753     page of the [lieutenant governor's] office's website; and
7754          (ii) any voter may, before 5 p.m. no later than seven days after the day on which the
7755     [lieutenant governor] director provides the notice described in Subsection (4)(a)(i), submit a
7756     written request to the presiding officer of the house in which the measure originated for
7757     permission to prepare and file an argument for the side on which no argument has been filed by
7758     a member of the Legislature.
7759          (b) A notice described in Subsection (4)(a)(i) shall contain:
7760          (i) the ballot title for the measure;
7761          (ii) instructions on how to submit a request under Subsection (4)(a)(ii); and
7762          (iii) the deadlines described in Subsections (4)(a)(ii) and (4)(d).
7763          (c) (i) The presiding officer of the house of origin shall grant permission unless two or
7764     more voters timely request permission to submit arguments on the same side of a measure.
7765          (ii) If two or more voters timely request permission to submit arguments on the same
7766     side of a measure, the presiding officer shall, no later than four calendar days after the day of
7767     the deadline described in Subsection (4)(a)(ii), designate one of the voters to write the
7768     argument.
7769          (d) Any argument prepared under this Subsection (4) shall be submitted to the
7770     [lieutenant governor] director before 5 p.m. no later than seven days after the day on which the
7771     presiding officer grants permission to submit the argument.
7772          (e) The [lieutenant governor] director may not accept a ballot argument submitted
7773     under this section unless the ballot argument lists:
7774          (i) the name and address of the individual submitting the argument, if the argument is

7775     submitted by an individual voter; or
7776          (ii) the name and address of the organization and the names and addresses of at least
7777     two of the organization's principal officers, if the argument is submitted on behalf of an
7778     organization.
7779          (f) Except as provided in Subsection (4)(h), the authors may not amend or change the
7780     arguments after they are submitted to the [lieutenant governor] director.
7781          (g) Except as provided in Subsection (4)(h), the [lieutenant governor] director may not
7782     alter the arguments in any way.
7783          (h) The [lieutenant governor] director and the authors of an argument may jointly
7784     modify an argument after it is submitted if:
7785          (i) they jointly agree that changes to the argument must be made to:
7786          (A) correct spelling or grammatical errors; or
7787          (B) properly characterize the position of a state entity, if the argument mischaracterizes
7788     the position of a state entity; and
7789          (ii) the argument has not yet been submitted for typesetting.
7790          (i) If, after the [lieutenant governor] director determines that an argument described in
7791     this section mischaracterizes the position of a state entity, the [lieutenant governor] director and
7792     the authors of the argument cannot jointly agree on a change to the argument, the [lieutenant
7793     governor] director:
7794          (i) shall publish the argument with the mischaracterization; and
7795          (ii) may, immediately following the argument, publish a brief description of the
7796     position of the state entity.
7797          Section 139. Section 20A-7-706 is amended to read:
7798          20A-7-706. Copies of arguments to be sent to opposing authors -- Rebuttal
7799     arguments.
7800          (1) When the [lieutenant governor] director has received the arguments for and against
7801     a measure to be submitted to the voters, the [lieutenant governor] director shall immediately
7802     send copies of the arguments in favor of the measure to the authors of the arguments against
7803     and copies of the arguments against to the authors of the arguments in favor.
7804          (2) The authors may prepare and submit rebuttal arguments not exceeding 250 words,
7805     not counting the information described in Subsection 20A-7-705(4)(e).

7806          (3) (a) The rebuttal arguments shall be filed with the [lieutenant governor] director:
7807          (i) for constitutional amendments and referendum petitions, before 5 p.m. no later than
7808     120 days before the date of the election; and
7809          (ii) for initiatives, before 5 p.m. no later than July 30.
7810          (b) Except as provided in Subsection (3)(d), the authors may not amend or change the
7811     rebuttal arguments after they are submitted to the [lieutenant governor] director.
7812          (c) Except as provided in Subsection (3)(d), the [lieutenant governor] director may not
7813     alter the arguments in any way.
7814          (d) The [lieutenant governor] director and the authors of a rebuttal argument may
7815     jointly modify a rebuttal argument after it is submitted if:
7816          (i) they jointly agree that changes to the rebuttal argument must be made to correct
7817     spelling or grammatical errors; and
7818          (ii) the rebuttal argument has not yet been submitted for typesetting.
7819          (4) The [lieutenant governor] director shall ensure that:
7820          (a) rebuttal arguments are printed in the same manner as the direct arguments; and
7821          (b) each rebuttal argument follows immediately after the direct argument which it
7822     seeks to rebut.
7823          Section 140. Section 20A-7-801 is amended to read:
7824          20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
7825     the director -- Content -- Duties of local election officials -- Deadlines -- Frequently asked
7826     voter questions -- Other elections.
7827          (1) There is established the Statewide Electronic Voter Information Website Program
7828     administered by the [lieutenant governor] director in cooperation with the county clerks for
7829     general elections and municipal authorities for municipal elections.
7830          (2) In accordance with this section, and as resources become available, the [lieutenant
7831     governor] director, in cooperation with county clerks, shall develop, establish, and maintain a
7832     state-provided Internet website designed to help inform the voters of the state of:
7833          (a) the offices and candidates up for election;
7834          (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
7835     of ballot propositions submitted to the voters; and
7836          (c) the status of a voter's trackable ballot, in accordance with Section 20A-3a-401.5,

7837     accessible only by the voter.
7838          (3) Except as provided under Subsection (6), the website shall include:
7839          (a) all information currently provided in the Utah voter information pamphlet under
7840     Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared, analyzed, and
7841     submitted by the Judicial Performance Evaluation Commission describing the judicial selection
7842     and retention process;
7843          (b) on the homepage of the website, a link to the Judicial Performance Evaluation
7844     Commission's website, judges.utah.gov;
7845          (c) a link to the retention recommendation made by the Judicial Performance
7846     Evaluation Commission in accordance with Title 78A, Chapter 12, Part 2, Judicial
7847     Performance Evaluation, for each judicial appointee to a court that is subject to a retention
7848     election, in accordance with Section 20A-12-201, for the upcoming general election;
7849          (d) all information submitted by election officers under Subsection (4) on local office
7850     races, local office candidates, and local ballot propositions;
7851          (e) a list that contains the name of a political subdivision that operates an election day
7852     voting center under Section 20A-3a-703 and the location of the election day voting center;
7853          (f) other information determined appropriate by the [lieutenant governor] director that
7854     is currently being provided by law, rule, or ordinance in relation to candidates and ballot
7855     questions;
7856          (g) any differences in voting method, time, or location designated by the [lieutenant
7857     governor] director under Subsection 20A-1-308(2); and
7858          (h) an online ballot tracking system by which a voter can view the status of the voter's
7859     trackable ballot, in accordance with Section 20A-3a-401.5, including:
7860          (i) when a ballot has been mailed to the voter;
7861          (ii) when an election official has received the voter's ballot; and
7862          (iii) when the voter's ballot has been counted.
7863          (4) (a) An election official shall submit the following information for each ballot under
7864     the election official's direct responsibility under this title:
7865          (i) a list of all candidates for each office;
7866          (ii) if submitted by the candidate to the election official's office before 5 p.m. no later
7867     than 45 days before the primary election or before 5 p.m. no later than 60 days before the

7868     general election:
7869          (A) a statement of qualifications, not exceeding 200 words in length, for each
7870     candidate;
7871          (B) the following current biographical information if desired by the candidate, current:
7872          (I) age;
7873          (II) occupation;
7874          (III) city of residence;
7875          (IV) years of residence in current city; and
7876          (V) email address; and
7877          (C) a single web address where voters may access more information about the
7878     candidate and the candidate's views; and
7879          (iii) factual information pertaining to all ballot propositions submitted to the voters,
7880     including:
7881          (A) a copy of the number and ballot title of each ballot proposition;
7882          (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
7883     vote was required to place the ballot proposition on the ballot;
7884          (C) a complete copy of the text of each ballot proposition, with all new language
7885     underlined and all deleted language placed within brackets; and
7886          (D) other factual information determined helpful by the election official.
7887          (b) The information under Subsection (4)(a) shall be submitted to the [lieutenant
7888     governor] director no later than one business day after the deadline under Subsection (4)(a) for
7889     each general election year and each municipal election year.
7890          (c) The [lieutenant governor] director shall:
7891          (i) review the information submitted under this section, to determine compliance under
7892     this section, prior to placing it on the website;
7893          (ii) refuse to post information submitted under this section on the website if it is not in
7894     compliance with the provisions of this section; and
7895          (iii) organize, format, and arrange the information submitted under this section for the
7896     website.
7897          (d) The [lieutenant governor] director may refuse to include information the [lieutenant
7898     governor] director determines is not in keeping with:

7899          (i) Utah voter needs;
7900          (ii) public decency; or
7901          (iii) the purposes, organization, or uniformity of the website.
7902          (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
7903     Subsection (5).
7904          (5) (a) A person whose information is refused under Subsection (4), and who is
7905     aggrieved by the determination, may appeal by submitting a written notice of appeal to the
7906     [lieutenant governor] director before 5 p.m. within 10 business days after the date of the
7907     determination. A notice of appeal submitted under this Subsection (5)(a) shall contain:
7908          (i) a listing of each objection to the [lieutenant governor's] director's determination; and
7909          (ii) the basis for each objection.
7910          (b) The [lieutenant governor] director shall review the notice of appeal and shall issue
7911     a written response within 10 business days after the day on which the notice of appeal is
7912     submitted.
7913          (c) An appeal of the response of the [lieutenant governor] director shall be made to the
7914     district court, which shall review the matter de novo.
7915          (6) (a) The [lieutenant governor] director shall ensure that each voter will be able to
7916     conveniently enter the voter's address information on the website to retrieve information on
7917     which offices, candidates, and ballot propositions will be on the voter's ballot at the next
7918     general election or municipal election.
7919          (b) The information on the website will anticipate and answer frequent voter questions
7920     including the following:
7921          (i) what offices are up in the current year for which the voter may cast a vote;
7922          (ii) who is running for what office and who is the incumbent, if any;
7923          (iii) what address each candidate may be reached at and how the candidate may be
7924     contacted;
7925          (iv) for partisan races only, what, if any, is each candidate's party affiliation;
7926          (v) what qualifications have been submitted by each candidate;
7927          (vi) where additional information on each candidate may be obtained;
7928          (vii) what ballot propositions will be on the ballot; and
7929          (viii) what judges are up for retention election.

7930          (7) The [lieutenant governor] director shall ensure that each voter may conveniently
7931     enter the voter's name, date of birth, and address information on the website to retrieve
7932     information on the status of the voter's ballot if the voter's ballot is trackable under Section
7933     20A-3a-401.5.
7934          (8) As resources are made available and in cooperation with the county clerks, the
7935     [lieutenant governor] director may expand the electronic voter information website program to
7936     include the same information as provided under this section for special elections and primary
7937     elections.
7938          Section 141. Section 20A-8-103 is amended to read:
7939          20A-8-103. Petition procedures -- Criminal penalty -- Removal of signature.
7940          (1) As used in this section, the proposed name or emblem of a registered political party
7941     is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
7942     difference between the proposed name or emblem and any name or emblem currently being
7943     used by another registered political party.
7944          (2) To become a registered political party, an organization of registered voters that is
7945     not a continuing political party shall:
7946          (a) circulate a petition seeking registered political party status beginning no earlier than
7947     the date of the statewide canvass held after the last regular general election and ending before 5
7948     p.m. no later than November 30 of the year before the year in which the next regular general
7949     election will be held;
7950          (b) file a petition with the [lieutenant governor] director that is signed, with a
7951     holographic signature, by at least 2,000 registered voters before 5 p.m. no later than November
7952     30 of the year in which a regular general election will be held; and
7953          (c) file, with the petition described in Subsection (2)(b), a document certifying:
7954          (i) the identity of one or more registered political parties whose members may vote for
7955     the organization's candidates;
7956          (ii) whether unaffiliated voters may vote for the organization's candidates; and
7957          (iii) whether, for the next election, the organization intends to nominate the
7958     organization's candidates in accordance with the provisions of Section 20A-9-406.
7959          (3) The petition shall:
7960          (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;

7961          (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
7962     blank for the purpose of binding;
7963          (c) contain the name of the political party and the words "Political Party Registration
7964     Petition" printed directly below the horizontal line;
7965          (d) contain the word "Warning" printed directly under the words described in
7966     Subsection (3)(c);
7967          (e) contain, to the right of the word "Warning," the following statement printed in not
7968     less than eight-point, single leaded type:
7969          "It is a class A misdemeanor for anyone to knowingly sign a political party registration
7970     petition signature sheet with any name other than the individual's own name or more than once
7971     for the same party or if the individual is not registered to vote in this state and does not intend
7972     to become registered to vote in this state before the petition is submitted to the [lieutenant
7973     governor] director of the Elections Office.";
7974          (f) contain the following statement directly under the statement described in Subsection
7975     (3)(e):
7976          "POLITICAL PARTY REGISTRATION PETITION To the [Honorable ____,
7977     Lieutenant Governor] director of the Elections Office:
7978          We, the undersigned citizens of Utah, seek registered political party status for ____
7979     (name);
7980          Each signer says:
7981          I have personally signed this petition with a holographic signature;
7982          I am registered to vote in Utah or will register to vote in Utah before the petition is
7983     submitted to the [lieutenant governor] director of the Elections Office;
7984          I am or desire to become a member of the political party; and
7985          My street address is written correctly after my name.";
7986          (g) be vertically divided into columns as follows:
7987          (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
7988     headed with "For Office Use Only," and be subdivided with a light vertical line down the
7989     middle;
7990          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
7991     Name (must be legible to be counted)";

7992          (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
7993     Registered Voter";
7994          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
7995          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
7996     Code"; and
7997          (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
7998     information is not required, but it may be used to verify your identity with voter registration
7999     records. If you choose not to provide it, your signature may not be certified as a valid signature
8000     if you change your address before petition signatures are certified or if the information you
8001     provide does not match your voter registration records.";
8002          (h) have a final page bound to one or more signature sheets that are bound together that
8003     contains the following printed statement:
8004          "Verification
8005          State of Utah, County of ____
8006          I, _______________, of ____, hereby state that:
8007          I am a Utah resident and am at least 18 years old;
8008          All the names that appear on the signature sheets bound to this page were signed by
8009     individuals who professed to be the individuals whose names appear on the signature sheets,
8010     and each individual signed the individual's name on the signature sheets in my presence;
8011          I believe that each individual has printed and signed the individual's name and written
8012     the individual's street address correctly, and that each individual is registered to vote in Utah or
8013     will register to vote in Utah before the petition is submitted to the [lieutenant governor]
8014     director of the Elections Office.
8015          ______________________________________________________________________
8016          (Signature)           (Residence Address)                    (Date)"; and
8017          (i) be bound to a cover sheet that:
8018          (i) identifies the political party's name, which may not exceed four words, and the
8019     emblem of the party;
8020          (ii) states the process that the organization will follow to organize and adopt a
8021     constitution and bylaws; and
8022          (iii) is signed by a filing officer, who agrees to receive communications on behalf of

8023     the organization.
8024          (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the individual
8025     in whose presence each signature sheet is signed:
8026          (a) is at least 18 years old;
8027          (b) meets the residency requirements of Section 20A-2-105; and
8028          (c) verifies each signature sheet by completing the verification bound to one or more
8029     signature sheets that are bound together.
8030          (5) An individual may not sign the verification if the individual signed a signature
8031     sheet bound to the verification.
8032          (6) The [lieutenant governor] director shall:
8033          (a) use the procedures described in Section 20A-1-1002 to determine whether a signer
8034     is a registered voter;
8035          (b) review the proposed name and emblem to determine if they are "distinguishable"
8036     from the names and emblems of other registered political parties; and
8037          (c) certify the [lieutenant governor's] director's findings to the filing officer described
8038     in Subsection (3)(i)(iii) within 30 days of the filing of the petition.
8039          (7) (a) If the [lieutenant governor] director determines that the petition meets the
8040     requirements of this section, and that the proposed name and emblem are distinguishable, the
8041     [lieutenant governor] director shall authorize the filing officer described in Subsection
8042     (3)(i)(iii) to organize the prospective political party.
8043          (b) If the [lieutenant governor] director finds that the name, emblem, or both are not
8044     distinguishable from the names and emblems of other registered political parties, the
8045     [lieutenant governor] director shall notify the filing officer that the filing officer has seven days
8046     to submit a new name or emblem to the [lieutenant governor] director.
8047          (8) A registered political party may not change its name or emblem during the regular
8048     general election cycle.
8049          (9) (a) It is unlawful for an individual to:
8050          (i) knowingly sign a political party registration petition:
8051          (A) with any name other than the individual's own name;
8052          (B) more than once for the same political party; or
8053          (C) if the individual is not registered to vote in this state and does not intend to become

8054     registered to vote in this state before the petition is submitted to the [lieutenant governor]
8055     director; or
8056          (ii) sign the verification of a political party registration petition signature sheet if the
8057     individual:
8058          (A) does not meet the residency requirements of Section 20A-2-105;
8059          (B) has not witnessed the signing by those individuals whose names appear on the
8060     political party registration petition signature sheet; or
8061          (C) knows that an individual whose signature appears on the political party registration
8062     petition signature sheet is not registered to vote in this state and does not intend to become
8063     registered to vote in this state.
8064          (b) An individual who violates this Subsection (9) is guilty of a class A misdemeanor.
8065          (10) (a) A voter who signs a petition under this section may have the voter's signature
8066     removed from the petition by, no later than three business days after the day on which the
8067     petition is filed with the [lieutenant governor] director, submitting to the [lieutenant governor]
8068     director a statement requesting that the voter's signature be removed.
8069          (b) A statement described in Subsection (10)(a) shall comply with the requirements
8070     described in Subsection 20A-1-1003(2).
8071          (c) The [lieutenant governor] director shall use the procedures described in Subsection
8072     20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
8073     receiving a timely, valid statement requesting removal of the signature.
8074          Section 142. Section 20A-8-106 is amended to read:
8075          20A-8-106. Organization as a political party -- Certification procedures.
8076          (1) Before 5 p.m. no later than March 1 of the regular general election year, the
8077     prospective political party's officers or governing board shall file the names of the party
8078     officers or governing board with the [lieutenant governor] director.
8079          (2) After reviewing the information and determining that all proper procedures have
8080     been completed, the [lieutenant governor] director shall:
8081          (a) issue a certificate naming the organization as a registered political party in Utah and
8082     designating its official name; and
8083          (b) inform each county clerk that the organization is a registered political party in Utah.
8084          (3) All election officers and state officials shall consider the organization to be and

8085     shall treat the organization as a registered political party.
8086          (4) The newly registered political party shall comply with all the provisions of Utah
8087     law governing political parties.
8088          (5) (a) If the newly registered political party does not hold a national party convention,
8089     the governing board of the political party may designate the names of the party's candidates for
8090     the offices of President and Vice President of the United States and the names of the party's
8091     presidential electors to the [lieutenant governor] director before 5 p.m. no later than August 15.
8092          (b) If the party chooses to designate names, the governing board shall certify those
8093     names.
8094          Section 143. Section 20A-8-401 is amended to read:
8095          20A-8-401. Registered political parties -- Bylaws -- Report name of midterm
8096     vacancy candidate.
8097          (1) (a) Each new or unregistered state political party that seeks to become a registered
8098     political party under the authority of this chapter shall file a copy of the party's proposed
8099     constitution and bylaws at the time the party files the party's registration information.
8100          (b) Each registered state political party shall file revised copies of the party's
8101     constitution or bylaws with the [lieutenant governor] director before 5 p.m. within 15 days after
8102     the day on which the constitution or bylaws are adopted or amended.
8103          (2) Each state political party, each new political party seeking registration, and each
8104     unregistered political party seeking registration shall ensure that the party's constitution or
8105     bylaws contain:
8106          (a) provisions establishing party organization, structure, membership, and governance
8107     that include:
8108          (i) a description of the position, selection process, qualifications, duties, and terms of
8109     each party officer and committees defined by constitution and bylaws;
8110          (ii) a provision requiring a designated party officer to serve as liaison with:
8111          (A) the [lieutenant governor] director on all matters relating to the political party's
8112     relationship with the state; and
8113          (B) each county legislative body on matters relating to the political party's relationship
8114     with a county;
8115          (iii) a description of the requirements for participation in party processes;

8116          (iv) the dates, times, and quorum of any regularly scheduled party meetings,
8117     conventions, or other conclaves; and
8118          (v) a mechanism for making the names of delegates, candidates, and elected party
8119     officers available to the public shortly after they are selected;
8120          (b) a procedure for selecting party officers that allows active participation by party
8121     members;
8122          (c) a procedure for selecting party candidates at the federal, state, and county levels that
8123     allows active participation by party members;
8124          (d) (i) a procedure for selecting electors who are pledged to cast their votes in the
8125     electoral college for the party's candidates for president and vice president of the United States;
8126     and
8127          (ii) a procedure for filling vacancies in the office of presidential elector because of
8128     death, refusal to act, failure to attend, ineligibility, or any other cause;
8129          (e) a procedure for filling vacancies in the office of representative or senator or a
8130     county office, as described in Section 20A-1-508, because of death, resignation, or ineligibility;
8131          (f) a provision requiring the governor and lieutenant governor to run as a joint ticket;
8132          (g) a procedure for replacing party candidates who die, acquire a disability that
8133     prevents the candidate from continuing the candidacy, or are disqualified before a primary or
8134     regular general election;
8135          (h) provisions governing the deposit and expenditure of party funds, and governing the
8136     accounting for, reporting, and audit of party financial transactions;
8137          (i) provisions governing access to party records;
8138          (j) a procedure for amending the constitution or bylaws that allows active participation
8139     by party members or their representatives;
8140          (k) a process for resolving grievances against the political party; and
8141          (l) if desired by the political party, a process for consulting with, and obtaining the
8142     opinion of, the political party's Utah Senate and Utah House members about:
8143          (i) the performance of the two United States Senators from Utah, including
8144     specifically:
8145          (A) their views and actions regarding the defense of state's rights and federalism; and
8146          (B) their performance in representing Utah's interests;

8147          (ii) the members' opinion about, or rating of, and support or opposition to the policy
8148     positions of any candidates for United States Senate from Utah, including incumbents,
8149     including specifically:
8150          (A) their views and actions regarding the defense of state's rights and federalism; and
8151          (B) their performance in representing Utah's interests; and
8152          (iii) the members' collective or individual endorsement or rating of a particular
8153     candidate for United States Senate from Utah.
8154          (3) If, in accordance with a political party's constitution or bylaws, a person files a
8155     declaration or otherwise notifies the party of the person's candidacy as a legislative office
8156     candidate or state office candidate, as defined in Section 20A-11-101, to be appointed and fill a
8157     midterm vacancy in the office of representative or senator in the Legislature, as described in
8158     Section 20A-1-503, or in a state office as described in Section 20A-1-504, the party shall
8159     forward a copy of that declaration or notification to the [lieutenant governor] director before 5
8160     p.m. no later than the day following the day on which the party receives the declaration or
8161     notification.
8162          Section 144. Section 20A-8-402 is amended to read:
8163          20A-8-402. Political party officers -- Submission of names of officers to the
8164     director.
8165          (1) Each state political party shall:
8166          (a) designate a party officer to act as liaison with:
8167          (i) the [lieutenant governor's] office; and
8168          (ii) each county legislative body; and
8169          (b) before 5 p.m. no later than seven days after the day on which the party makes a
8170     change in the party liaison, submit the name of the new liaison to the [lieutenant governor]
8171     director.
8172          (2) Each state political party and each county political party shall:
8173          (a) submit the name, address, and phone number of each officer to the [lieutenant
8174     governor] director within seven days after the officers are selected; and
8175          (b) before 5 p.m. no later than seven days after the day on which the party makes a
8176     change in party officers, submit the name, address, and phone number of each new officer to
8177     the [lieutenant governor] director.

8178          Section 145. Section 20A-8-402.5 is amended to read:
8179          20A-8-402.5. Notification of political convention dates.
8180          (1) Before 5 p.m. no later than the first Monday of October of each odd-numbered year,
8181     a registered political party shall notify the [lieutenant governor] director of the dates of each
8182     political convention that will be held by the registered political party the following year.
8183          (2) If, after providing the notice described in Subsection (1), a registered political party
8184     changes the date of a political convention, the registered political party shall notify the
8185     [lieutenant governor] director of the change before 5 p.m. no later than one business day after
8186     the day on which the registered political party makes the change.
8187          Section 146. Section 20A-8-403 is amended to read:
8188          20A-8-403. Political parties -- Certification.
8189          When this title requires that a registered political party certify information to the
8190     [lieutenant governor] director, the registered political party has met that requirement if the
8191     information is signed by the registered political party's designated liaison or the registered
8192     political party's chair.
8193          Section 147. Section 20A-9-101 is amended to read:
8194          20A-9-101. Definitions.
8195          As used in this chapter:
8196          (1) (a) "Candidates for elective office" means persons who file a declaration of
8197     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
8198     constitutional office, multicounty office, or county office.
8199          (b) "Candidates for elective office" does not mean candidates for:
8200          (i) justice or judge of court of record or not of record;
8201          (ii) presidential elector;
8202          (iii) any political party offices; and
8203          (iv) municipal or special district offices.
8204          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
8205     attorney general, state auditor, and state treasurer.
8206          (3) "Continuing political party" means the same as that term is defined in Section
8207     20A-8-101.
8208          (4) (a) "County office" means an elective office where the officeholder is selected by

8209     voters entirely within one county.
8210          (b) "County office" does not mean:
8211          (i) the office of justice or judge of any court of record or not of record;
8212          (ii) the office of presidential elector;
8213          (iii) any political party offices;
8214          (iv) any municipal or special district offices; and
8215          (v) the office of United States Senator and United States Representative.
8216          (5) "Electronic candidate qualification process" means:
8217          (a) as it relates to a registered political party that is not a qualified political party, the
8218     process for gathering signatures electronically to seek the nomination of a registered political
8219     party, described in:
8220          (i) Section 20A-9-403;
8221          (ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and
8222          (iii) Section 20A-21-201; and
8223          (b) as it relates to a qualified political party, the process, for gathering signatures
8224     electronically to seek the nomination of a registered political party, described in:
8225          (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
8226          (ii) Section 20A-9-408; and
8227          (iii) Section 20A-21-201.
8228          (6) "Federal office" means an elective office for United States Senator and United
8229     States Representative.
8230          (7) "Filing officer" means:
8231          (a) the [lieutenant governor] director, for:
8232          (i) the office of United States Senator and United States Representative; and
8233          (ii) all constitutional offices;
8234          (b) for the office of a state senator, state representative, or the state school board, the
8235     [lieutenant governor] director or the applicable clerk described in Subsection (7)(c) or (d);
8236          (c) the county clerk, for county offices and local school district offices;
8237          (d) the county clerk in the filer's county of residence, for multicounty offices;
8238          (e) the city or town clerk, for municipal offices; or
8239          (f) the special district clerk, for special district offices.

8240          (8) "Local government office" includes county offices, municipal offices, and special
8241     district offices and other elective offices selected by the voters from a political division entirely
8242     within one county.
8243          (9) "Manual candidate qualification process" means the process for gathering
8244     signatures to seek the nomination of a registered political party, using paper signature packets
8245     that a signer physically signs.
8246          (10) (a) "Multicounty office" means an elective office where the officeholder is
8247     selected by the voters from more than one county.
8248          (b) "Multicounty office" does not mean:
8249          (i) a county office;
8250          (ii) a federal office;
8251          (iii) the office of justice or judge of any court of record or not of record;
8252          (iv) the office of presidential elector;
8253          (v) any political party offices; or
8254          (vi) any municipal or special district offices.
8255          (11) "Municipal office" means an elective office in a municipality.
8256          (12) (a) "Political division" means a geographic unit from which an officeholder is
8257     elected and that an officeholder represents.
8258          (b) "Political division" includes a county, a city, a town, a special district, a school
8259     district, a legislative district, and a county prosecution district.
8260          (13) "Qualified political party" means a registered political party that:
8261          (a) (i) permits a delegate for the registered political party to vote on a candidate
8262     nomination in the registered political party's convention remotely; or
8263          (ii) provides a procedure for designating an alternate delegate if a delegate is not
8264     present at the registered political party's convention;
8265          (b) does not hold the registered political party's convention before the fourth Saturday
8266     in March of an even-numbered year;
8267          (c) permits a member of the registered political party to seek the registered political
8268     party's nomination for any elective office by the member choosing to seek the nomination by
8269     either or both of the following methods:
8270          (i) seeking the nomination through the registered political party's convention process,

8271     in accordance with the provisions of Section 20A-9-407; or
8272          (ii) seeking the nomination by collecting signatures, in accordance with the provisions
8273     of Section 20A-9-408; and
8274          (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
8275     on the first Monday of October of an odd-numbered year, certifies to the [lieutenant governor]
8276     director that, for the election in the following year, the registered political party intends to
8277     nominate the registered political party's candidates in accordance with the provisions of Section
8278     20A-9-406; or
8279          (ii) if the registered political party is not a continuing political party, certifies at the
8280     time that the registered political party files the petition described in Section 20A-8-103 that, for
8281     the next election, the registered political party intends to nominate the registered political
8282     party's candidates in accordance with the provisions of Section 20A-9-406.
8283          (14) "Signature," as it relates to a petition for a candidate to seek the nomination of a
8284     registered political party, means:
8285          (a) when using the manual candidate qualification process, a holographic signature
8286     collected physically on a nomination petition described in Subsection 20A-9-405(3); or
8287          (b) when using the electronic candidate qualification process:
8288          (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
8289          (ii) a holographic signature collected electronically under Subsection
8290     20A-21-201(6)(c)(ii)(B).
8291          (15) "Special district office" means an elected office in a special district.
8292          Section 148. Section 20A-9-201 is amended to read:
8293          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
8294     more than one political party prohibited with exceptions -- General filing and form
8295     requirements -- Affidavit of impecuniosity.
8296          (1) Before filing a declaration of candidacy for election to any office, an individual
8297     shall:
8298          (a) be a United States citizen;
8299          (b) meet the legal requirements of that office; and
8300          (c) if seeking a registered political party's nomination as a candidate for elective office,
8301     state:

8302          (i) the registered political party of which the individual is a member; or
8303          (ii) that the individual is not a member of a registered political party.
8304          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
8305          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
8306     Utah during any election year;
8307          (ii) appear on the ballot as the candidate of more than one political party; or
8308          (iii) file a declaration of candidacy for a registered political party of which the
8309     individual is not a member, except to the extent that the registered political party permits
8310     otherwise in the registered political party's bylaws.
8311          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
8312     president or vice president of the United States and another office, if the individual resigns the
8313     individual's candidacy for the other office after the individual is officially nominated for
8314     president or vice president of the United States.
8315          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
8316     than one justice court judge office.
8317          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
8318     the individual filed a declaration of candidacy for another office in the same election year if the
8319     individual withdraws as a candidate for the other office in accordance with Subsection
8320     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
8321          (3) (a) Except for a candidate for president or vice president of the United States,
8322     before the filing officer may accept any declaration of candidacy, the filing officer shall:
8323          (i) read to the individual the constitutional and statutory qualification requirements for
8324     the office that the individual is seeking;
8325          (ii) require the individual to state whether the individual meets the requirements
8326     described in Subsection (3)(a)(i);
8327          (iii) if the declaration of candidacy is for a county office, inform the individual that an
8328     individual who holds a county elected office may not, at the same time, hold a municipal
8329     elected office; and
8330          (iv) if the declaration of candidacy is for a legislative office, inform the individual that
8331     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
8332     or trust, under authority of the United States or Utah, from being a member of the Legislature.

8333          (b) Before accepting a declaration of candidacy for the office of county attorney, the
8334     county clerk shall ensure that the individual filing that declaration of candidacy is:
8335          (i) a United States citizen;
8336          (ii) an attorney licensed to practice law in the state who is an active member in good
8337     standing of the Utah State Bar;
8338          (iii) a registered voter in the county in which the individual is seeking office; and
8339          (iv) a current resident of the county in which the individual is seeking office and either
8340     has been a resident of that county for at least one year before the date of the election or was
8341     appointed and is currently serving as county attorney and became a resident of the county
8342     within 30 days after appointment to the office.
8343          (c) Before accepting a declaration of candidacy for the office of district attorney, the
8344     county clerk shall ensure that, as of the date of the election, the individual filing that
8345     declaration of candidacy is:
8346          (i) a United States citizen;
8347          (ii) an attorney licensed to practice law in the state who is an active member in good
8348     standing of the Utah State Bar;
8349          (iii) a registered voter in the prosecution district in which the individual is seeking
8350     office; and
8351          (iv) a current resident of the prosecution district in which the individual is seeking
8352     office and either will have been a resident of that prosecution district for at least one year
8353     before the date of the election or was appointed and is currently serving as district attorney and
8354     became a resident of the prosecution district within 30 days after receiving appointment to the
8355     office.
8356          (d) Before accepting a declaration of candidacy for the office of county sheriff, the
8357     county clerk shall ensure that the individual filing the declaration:
8358          (i) is a United States citizen;
8359          (ii) is a registered voter in the county in which the individual seeks office;
8360          (iii) (A) has successfully met the standards and training requirements established for
8361     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
8362     Certification Act; or
8363          (B) has met the waiver requirements in Section 53-6-206;

8364          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
8365     53-13-103; and
8366          (v) before the date of the election, will have been a resident of the county in which the
8367     individual seeks office for at least one year.
8368          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
8369     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
8370     Education member, the filing officer shall ensure that the individual filing the declaration of
8371     candidacy also makes the conflict of interest disclosure described in Section 20A-11-1603.
8372          (4) If an individual who files a declaration of candidacy does not meet the qualification
8373     requirements for the office the individual is seeking, the filing officer may not accept the
8374     individual's declaration of candidacy.
8375          (5) If an individual who files a declaration of candidacy meets the requirements
8376     described in Subsection (3), the filing officer shall:
8377          (a) inform the individual that:
8378          (i) the individual's name will appear on the ballot as the individual's name is written on
8379     the individual's declaration of candidacy;
8380          (ii) the individual may be required to comply with state or local campaign finance
8381     disclosure laws; and
8382          (iii) the individual is required to file a financial statement before the individual's
8383     political convention under:
8384          (A) Section 20A-11-204 for a candidate for constitutional office;
8385          (B) Section 20A-11-303 for a candidate for the Legislature; or
8386          (C) local campaign finance disclosure laws, if applicable;
8387          (b) except for a presidential candidate, provide the individual with a copy of the current
8388     campaign financial disclosure laws for the office the individual is seeking and inform the
8389     individual that failure to comply will result in disqualification as a candidate and removal of
8390     the individual's name from the ballot;
8391          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
8392     Electronic Voter Information Website Program and inform the individual of the submission
8393     deadline under Subsection 20A-7-801(4)(a);
8394          (d) provide the candidate with a copy of the pledge of fair campaign practices

8395     described under Section 20A-9-206 and inform the candidate that:
8396          (i) signing the pledge is voluntary; and
8397          (ii) signed pledges shall be filed with the filing officer;
8398          (e) accept the individual's declaration of candidacy; and
8399          (f) if the individual has filed for a partisan office, provide a certified copy of the
8400     declaration of candidacy to the chair of the county or state political party of which the
8401     individual is a member.
8402          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
8403     officer shall:
8404          (a) accept the candidate's pledge; and
8405          (b) if the candidate has filed for a partisan office, provide a certified copy of the
8406     candidate's pledge to the chair of the county or state political party of which the candidate is a
8407     member.
8408          (7) (a) Except for a candidate for president or vice president of the United States, the
8409     form of the declaration of candidacy shall:
8410          (i) be substantially as follows:
8411          "State of Utah, County of ____
8412               I, ______________, declare my candidacy for the office of ____, seeking the
8413     nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will
8414     meet the qualifications to hold the office, both legally and constitutionally, if selected; I
8415     reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No.
8416     ____; I will not knowingly violate any law governing campaigns and elections; if filing
8417     via a designated agent, I will be out of the state of Utah during the entire candidate
8418     filing period; I will file all campaign financial disclosure reports as required by law; and
8419     I understand that failure to do so will result in my disqualification as a candidate for this
8420     office and removal of my name from the ballot. The mailing address that I designate
8421     for receiving official election notices is ___________________________.
8422     ____________________________________________________________________
8423          Subscribed and sworn before me this __________(month\day\year).
8424     
Notary Public (or other officer qualified to administer oath)."; and

8425          (ii) require the candidate to state, in the sworn statement described in Subsection

8426     (7)(a)(i):
8427          (A) the registered political party of which the candidate is a member; or
8428          (B) that the candidate is not a member of a registered political party.
8429          (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
8430     candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
8431          (8) (a) Except for a candidate for president or vice president of the United States, the
8432     fee for filing a declaration of candidacy is:
8433          (i) $50 for candidates for the local school district board; and
8434          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
8435     person holding the office for all other federal, state, and county offices.
8436          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
8437     any candidate:
8438          (i) who is disqualified; or
8439          (ii) who the filing officer determines has filed improperly.
8440          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
8441     from candidates.
8442          (ii) The [lieutenant governor] director shall:
8443          (A) apportion to and pay to the county treasurers of the various counties all fees
8444     received for filing of nomination certificates or acceptances; and
8445          (B) ensure that each county receives that proportion of the total amount paid to the
8446     [lieutenant governor] director from the congressional district that the total vote of that county
8447     for all candidates for representative in Congress bears to the total vote of all counties within the
8448     congressional district for all candidates for representative in Congress.
8449          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
8450     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
8451     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
8452     a financial statement filed at the time the affidavit is submitted.
8453          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
8454          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
8455     statement filed under this section shall be subject to the criminal penalties provided under
8456     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.

8457          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
8458     considered an offense under this title for the purposes of assessing the penalties provided in
8459     Subsection 20A-1-609(2).
8460          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
8461     substantially the following form:
8462          "Affidavit of Impecuniosity
8463     Individual Name
8464     ____________________________Address_____________________________
8465     Phone Number _________________
8466     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
8467     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
8468     law.
8469     Date ______________ Signature________________________________________________
8470     Affiant
8471     Subscribed and sworn to before me on ___________ (month\day\year)
8472     
______________________

8473     
(signature)

8474          Name and Title of Officer Authorized to Administer Oath
______________________".

8475          (v) The filing officer shall provide to a person who requests an affidavit of
8476     impecuniosity a statement printed in substantially the following form, which may be included
8477     on the affidavit of impecuniosity:
8478          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
8479     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
8480     penalties, will be removed from the ballot."
8481          (vi) The filing officer may request that a person who makes a claim of impecuniosity
8482     under this Subsection (8)(d) file a financial statement on a form prepared by the election
8483     official.
8484          (9) An individual who fails to file a declaration of candidacy or certificate of
8485     nomination within the time provided in this chapter is ineligible for nomination to office.
8486          (10) A declaration of candidacy filed under this section may not be amended or
8487     modified after the final date established for filing a declaration of candidacy.

8488          Section 149. Section 20A-9-202 is amended to read:
8489          20A-9-202. Declarations of candidacy for regular general elections.
8490          (1) (a) An individual seeking to become a candidate for an elective office that is to be
8491     filled at the next regular general election shall:
8492          (i) except as provided in Subsection (1)(c), file a declaration of candidacy in person
8493     with the filing officer on or after January 1 of the regular general election year, and, if
8494     applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
8495          (ii) pay the filing fee.
8496          (b) Unless expressly provided otherwise in this title, for a registered political party that
8497     is not a qualified political party, the deadline for filing a declaration of candidacy for an
8498     elective office that is to be filled at the next regular general election is 5 p.m. on the first
8499     Monday after the fourth Saturday in April.
8500          (c) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file
8501     a declaration of candidacy with the filing officer if:
8502          (i) the individual is located outside of the state during the entire filing period;
8503          (ii) the designated agent appears in person before the filing officer;
8504          (iii) the individual communicates with the filing officer using an electronic device that
8505     allows the individual and filing officer to see and hear each other; and
8506          (iv) the individual provides the filing officer with an email address to which the filing
8507     officer may send the individual the copies described in Subsection 20A-9-201(5).
8508          (d) Each county clerk who receives a declaration of candidacy from a candidate for
8509     multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
8510     candidacy to the [lieutenant governor] director within one business day after the candidate files
8511     the declaration of candidacy.
8512          (e) Each day during the filing period, each county clerk shall notify the [lieutenant
8513     governor] director electronically or by telephone of candidates who have filed a declaration of
8514     candidacy with the county clerk.
8515          (f) Each individual seeking the office of lieutenant governor, the office of district
8516     attorney, or the office of president or vice president of the United States shall comply with the
8517     specific declaration of candidacy requirements established by this section.
8518          (2) (a) Each individual intending to become a candidate for the office of district

8519     attorney within a multicounty prosecution district that is to be filled at the next regular general
8520     election shall:
8521          (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
8522     creating the prosecution district on or after January 1 of the regular general election year, and
8523     before the individual circulates nomination petitions under Section 20A-9-405; and
8524          (ii) pay the filing fee.
8525          (b) The designated clerk shall provide to the county clerk of each county in the
8526     prosecution district a certified copy of each declaration of candidacy filed for the office of
8527     district attorney.
8528          (3) (a) Before the deadline described in Subsection (1)(b), each lieutenant governor
8529     candidate shall:
8530          (i) file a declaration of candidacy with the [lieutenant governor] director;
8531          (ii) pay the filing fee; and
8532          (iii) submit a letter from a candidate for governor who has received certification for the
8533     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
8534     as a joint-ticket running mate.
8535          (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
8536          (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
8537     replace the disqualified candidate.
8538          (4) Before 5 p.m. no later than August 31, each registered political party shall:
8539          (a) certify the names of the political party's candidates for president and vice president
8540     of the United States to the [lieutenant governor] director; or
8541          (b) provide written authorization for the [lieutenant governor] director to accept the
8542     certification of candidates for president and vice president of the United States from the
8543     national office of the registered political party.
8544          (5) (a) A declaration of candidacy filed under this section is valid unless a written
8545     objection is filed with the clerk or [lieutenant governor] the director before 5 p.m. on the last
8546     business day that is at least 10 days before the deadline described in Subsection
8547     20A-9-409(4)(c).
8548          (b) If an objection is made, the clerk or [lieutenant governor] the director shall:
8549          (i) mail or personally deliver notice of the objection to the affected candidate

8550     immediately; and
8551          (ii) decide any objection within 48 hours after it is filed.
8552          (c) If the clerk or [lieutenant governor] the director sustains the objection, the candidate
8553     may cure the problem by amending the declaration or petition before 5 p.m. within three days
8554     after the day on which the objection is sustained or by filing a new declaration before 5 p.m.
8555     within three days after the day on which the objection is sustained.
8556          (d) (i) The clerk's or [lieutenant governor's] the director's decision upon objections to
8557     form is final.
8558          (ii) The clerk's or [lieutenant governor's] the director's decision upon substantive
8559     matters is reviewable by a district court if prompt application is made to the court.
8560          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
8561     of its discretion, agrees to review the lower court decision.
8562          (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
8563     filing a written affidavit with the clerk.
8564          (7) (a) Except for a candidate who is certified by a registered political party under
8565     Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
8566     August 31 of a general election year, each individual running as a candidate for vice president
8567     of the United States shall:
8568          (i) file a declaration of candidacy, in person or via a designated agent, on a form
8569     developed by the [lieutenant governor] director, that:
8570          (A) contains the individual's name, address, and telephone number;
8571          (B) states that the individual meets the qualifications for the office of vice president of
8572     the United States;
8573          (C) names the presidential candidate, who has qualified for the general election ballot,
8574     with which the individual is running as a joint-ticket running mate;
8575          (D) states that the individual agrees to be the running mate of the presidential candidate
8576     described in Subsection (7)(a)(i)(C); and
8577          (E) contains any other necessary information identified by the [lieutenant governor]
8578     director;
8579          (ii) pay the filing fee; and
8580          (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)

8581     that names the individual as a joint-ticket running mate as a vice presidential candidate.
8582          (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
8583     candidacy.
8584          (c) A vice presidential candidate who fails to meet the requirements described in this
8585     Subsection (7) may not appear on the general election ballot.
8586          (8) An individual filing a declaration of candidacy for president or vice president of the
8587     United States shall pay a filing fee of $500.
8588          Section 150. Section 20A-9-202.5 is amended to read:
8589          20A-9-202.5. Declaration of candidacy -- Presidential primary election.
8590          (1) As used in this section:
8591          (a) "Presidential candidate" means a person seeking nomination for President of the
8592     United States from a Utah registered political party.
8593          (b) "Utah registered political party" means a political party that has complied with the
8594     requirements of Chapter 8, Political Party Formation and Procedures, to become a political
8595     party officially recognized by the state.
8596          (2) Each presidential candidate, or the candidate's designated agent, shall file a
8597     declaration of candidacy with the [lieutenant governor] director as provided in Section
8598     20A-9-803, for participation in the presidential primary election.
8599          Section 151. Section 20A-9-203 is amended to read:
8600          20A-9-203. Declarations of candidacy -- Municipal general elections --
8601     Nomination petition -- Removal of signature.
8602          (1) An individual may become a candidate for any municipal office if:
8603          (a) the individual is a registered voter; and
8604          (b) (i) the individual has resided within the municipality in which the individual seeks
8605     to hold elective office for the 12 consecutive months immediately before the date of the
8606     election; or
8607          (ii) the territory in which the individual resides was annexed into the municipality, the
8608     individual has resided within the annexed territory or the municipality the 12 consecutive
8609     months immediately before the date of the election.
8610          (2) (a) For purposes of determining whether an individual meets the residency
8611     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months

8612     before the election, the municipality is considered to have been incorporated 12 months before
8613     the date of the election.
8614          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
8615     council position shall, if elected from a district, be a resident of the council district from which
8616     the candidate is elected.
8617          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
8618     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
8619     against the elective franchise may not hold office in this state until the right to hold elective
8620     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
8621          (3) (a) An individual seeking to become a candidate for a municipal office shall,
8622     regardless of the nomination method by which the individual is seeking to become a candidate:
8623          (i) except as provided in Subsection (3)(b) or Chapter 4, Part 6, Municipal Alternate
8624     Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a declaration of
8625     candidacy, in person with the city recorder or town clerk, during the office hours described in
8626     Section 10-3-301 and not later than the close of those office hours, between June 1 and June 7
8627     of any odd-numbered year; and
8628          (ii) pay the filing fee, if one is required by municipal ordinance.
8629          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
8630     declaration of candidacy with the city recorder or town clerk if:
8631          (i) the individual is located outside of the state during the entire filing period;
8632          (ii) the designated agent appears in person before the city recorder or town clerk;
8633          (iii) the individual communicates with the city recorder or town clerk using an
8634     electronic device that allows the individual and city recorder or town clerk to see and hear each
8635     other; and
8636          (iv) the individual provides the city recorder or town clerk with an email address to
8637     which the city recorder or town clerk may send the individual the copies described in
8638     Subsection (4).
8639          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
8640          (i) except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
8641     Project, filing a nomination petition with the city recorder or town clerk during the office hours
8642     described in Section 10-3-301 and not later than the close of those office hours, between June 1

8643     and June 7 of any odd-numbered year that includes signatures in support of the nomination
8644     petition of the lesser of at least:
8645          (A) 25 registered voters who reside in the municipality; or
8646          (B) 20% of the registered voters who reside in the municipality; and
8647          (ii) paying the filing fee, if one is required by municipal ordinance.
8648          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
8649     petition, the filing officer shall:
8650          (i) read to the prospective candidate or individual filing the petition the constitutional
8651     and statutory qualification requirements for the office that the candidate is seeking;
8652          (ii) require the candidate or individual filing the petition to state whether the candidate
8653     meets the requirements described in Subsection (4)(a)(i); and
8654          (iii) inform the candidate or the individual filing the petition that an individual who
8655     holds a municipal elected office may not, at the same time, hold a county elected office.
8656          (b) If the prospective candidate does not meet the qualification requirements for the
8657     office, the filing officer may not accept the declaration of candidacy or nomination petition.
8658          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
8659     filing officer shall:
8660          (i) inform the candidate that the candidate's name will appear on the ballot as it is
8661     written on the declaration of candidacy;
8662          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
8663     for the office the candidate is seeking and inform the candidate that failure to comply will
8664     result in disqualification as a candidate and removal of the candidate's name from the ballot;
8665          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
8666     Electronic Voter Information Website Program and inform the candidate of the submission
8667     deadline under Subsection 20A-7-801(4)(a);
8668          (iv) provide the candidate with a copy of the pledge of fair campaign practices
8669     described under Section 20A-9-206 and inform the candidate that:
8670          (A) signing the pledge is voluntary; and
8671          (B) signed pledges shall be filed with the filing officer; and
8672          (v) accept the declaration of candidacy or nomination petition.
8673          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing

8674     officer shall:
8675          (i) accept the candidate's pledge; and
8676          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
8677     candidate's pledge to the chair of the county or state political party of which the candidate is a
8678     member.
8679          (5) (a) The declaration of candidacy shall be in substantially the following form:
8680          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
8681     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
8682     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
8683     (stating the term). I will meet the legal qualifications required of candidates for this office. If
8684     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
8685     candidate filing period. I will file all campaign financial disclosure reports as required by law
8686     and I understand that failure to do so will result in my disqualification as a candidate for this
8687     office and removal of my name from the ballot. I request that my name be printed upon the
8688     applicable official ballots. (Signed) _______________
8689          Subscribed and sworn to (or affirmed) before me by ____ on this
8690     __________(month\day\year).
8691          (Signed) _______________ (Clerk or other officer qualified to administer oath)."
8692          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
8693     not sign the form described in Subsection (5)(a).
8694          (c) (i) A nomination petition shall be in substantially the following form:
8695          "NOMINATION PETITION
8696          The undersigned residents of (name of municipality), being registered voters, nominate
8697     (name of nominee) for the office of (name of office) for the (length of term of office)."
8698          (ii) The remainder of the petition shall contain lines and columns for the signatures of
8699     individuals signing the petition and each individual's address and phone number.
8700          (6) If the declaration of candidacy or nomination petition fails to state whether the
8701     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
8702     for the four-year term.
8703          (7) (a) (i) The clerk shall verify with the county clerk that all candidates are registered
8704     voters.

8705          (b) With the assistance of the county clerk, and using the procedures described in
8706     Section 20A-1-1002, the municipal clerk shall determine whether the required number of
8707     signatures of registered voters appears on a nomination petition.
8708          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
8709     clerk shall:
8710          (a) publicize a list of the names of the candidates as they will appear on the ballot by
8711     publishing the list for the municipality, as a class A notice under Section 63G-30-102, for
8712     seven days; and
8713          (b) notify the [lieutenant governor] director of the names of the candidates as they will
8714     appear on the ballot.
8715          (9) Except as provided in Subsection (10)(c), an individual may not amend a
8716     declaration of candidacy or nomination petition filed under this section after the candidate
8717     filing period ends.
8718          (10) (a) A declaration of candidacy or nomination petition that an individual files under
8719     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
8720     10 days after the last day for filing.
8721          (b) If a person files an objection, the clerk shall:
8722          (i) mail or personally deliver notice of the objection to the affected candidate
8723     immediately; and
8724          (ii) decide any objection within 48 hours after the objection is filed.
8725          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
8726     days after the day on which the clerk sustains the objection, correct the problem for which the
8727     objection is sustained by amending the candidate's declaration of candidacy or nomination
8728     petition, or by filing a new declaration of candidacy.
8729          (d) (i) The clerk's decision upon objections to form is final.
8730          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
8731     prompt application is made to the district court.
8732          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
8733     of its discretion, agrees to review the lower court decision.
8734          (11) A candidate who qualifies for the ballot under this section may withdraw as a
8735     candidate by filing a written affidavit with the municipal clerk.

8736          (12) (a) A voter who signs a nomination petition under this section may have the
8737     voter's signature removed from the petition by, no later than three business days after the day
8738     on which the petition is filed with the city recorder or municipal clerk, submitting to the
8739     municipal clerk a statement requesting that the voter's signature be removed.
8740          (b) A statement described in Subsection (12)(a) shall comply with the requirements
8741     described in Subsection 20A-1-1003(2).
8742          (c) With the assistance of the county clerk and using the procedures described in
8743     Subsection 20A-1-1003(3), the municipal clerk shall determine whether to remove an
8744     individual's signature from a petition after receiving a timely, valid statement requesting
8745     removal of the signature.
8746          Section 152. Section 20A-9-402 is amended to read:
8747          20A-9-402. General requirements for all primary elections.
8748          (1) Except as provided in Subsection (2), the [lieutenant governor] director, county
8749     clerks, and election judges shall follow the procedures and requirements of this title in
8750     administering primary elections.
8751          (2) If there is any conflict between any provision of this part and any other sections in
8752     Title 20A, Election Code, this part takes precedence.
8753          Section 153. Section 20A-9-403 is amended to read:
8754          20A-9-403. Regular primary elections.
8755          (1) (a) Candidates for elective office that are to be filled at the next regular general
8756     election shall be nominated in a regular primary election by direct vote of the people in the
8757     manner prescribed in this section. The regular primary election is held on the date specified in
8758     Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
8759     regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
8760     participate in a regular general election as a write-in candidate under Section 20A-9-601.
8761          (b) Each registered political party that chooses to have the names of the registered
8762     political party's candidates for elective office featured with party affiliation on the ballot at a
8763     regular general election shall comply with the requirements of this section and shall nominate
8764     the registered political party's candidates for elective office in the manner described in this
8765     section.
8766          (c) A filing officer may not permit an official ballot at a regular general election to be

8767     produced or used if the ballot denotes affiliation between a registered political party or any
8768     other political group and a candidate for elective office who is not nominated in the manner
8769     prescribed in this section or in Subsection 20A-9-202(4).
8770          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
8771     even-numbered year in which a regular general election will be held.
8772          (2) (a) Each registered political party, in a statement filed with the [lieutenant
8773     governor] director, shall:
8774          (i) either declare the registered political party's intent to participate in the next regular
8775     primary election or declare that the registered political party chooses not to have the names of
8776     the registered political party's candidates for elective office featured on the ballot at the next
8777     regular general election; and
8778          (ii) if the registered political party participates in the upcoming regular primary
8779     election, identify one or more registered political parties whose members may vote for the
8780     registered political party's candidates and whether individuals identified as unaffiliated with a
8781     political party may vote for the registered political party's candidates.
8782          (b) (i) A registered political party that is a continuing political party shall file the
8783     statement described in Subsection (2)(a) with the [lieutenant governor] director no later than 5
8784     p.m. on November 30 of each odd-numbered year.
8785          (ii) An organization that is seeking to become a registered political party under Section
8786     20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
8787     political party files the petition described in Section 20A-8-103.
8788          (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
8789     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
8790     office on the regular primary ballot of the registered political party listed on the declaration of
8791     candidacy only if the individual is certified by the appropriate filing officer as having submitted
8792     a nomination petition that was:
8793          (i) circulated and completed in accordance with Section 20A-9-405; and
8794          (ii) signed by at least 2% of the registered political party's members who reside in the
8795     political division of the office that the individual seeks.
8796          (b) (i) A candidate for elective office shall submit signatures for a nomination petition
8797     to the appropriate filing officer for verification and certification no later than 5 p.m. on the final

8798     day in March.
8799          (ii) A candidate may supplement the candidate's submissions at any time on or before
8800     the filing deadline.
8801          (c) (i) The [lieutenant governor] director shall determine for each elective office the
8802     total number of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8)
8803     by counting the aggregate number of individuals residing in each elective office's political
8804     division who have designated a particular registered political party on the individuals' voter
8805     registration forms on or before November 15 of each odd-numbered year.
8806          (ii) The [lieutenant governor] director shall publish the determination for each elective
8807     office no later than November 30 of each odd-numbered year.
8808          (d) The filing officer shall:
8809          (i) except as otherwise provided in Section 20A-21-201, verify signatures on
8810     nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
8811     which a candidate submits the signatures to the filing officer;
8812          (ii) for all qualifying candidates for elective office who submit nomination petitions to
8813     the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
8814     described in Subsection 20A-9-202(1)(b);
8815          (iii) consider active and inactive voters eligible to sign nomination petitions;
8816          (iv) consider an individual who signs a nomination petition a member of a registered
8817     political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
8818     registered political party as the individual's party membership on the individual's voter
8819     registration form; and
8820          (v) except as otherwise provided in Section 20A-21-201 and with the assistance of the
8821     county clerk as applicable, use the procedures described in Section 20A-1-1002 to verify
8822     submitted nomination petition signatures, or use statistical sampling procedures to verify
8823     submitted nomination petition signatures in accordance with rules made under Subsection
8824     (3)(f).
8825          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
8826     lieutenant governor may appear on the regular primary ballot of a registered political party
8827     without submitting nomination petitions if the candidate files a declaration of candidacy and
8828     complies with Subsection 20A-9-202(3).

8829          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8830     [director of elections, within the Office of the Lieutenant Governor,] office may make rules
8831     that:
8832          (i) provide for the use of statistical sampling procedures that:
8833          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
8834          (B) reflect a bona fide effort to determine the validity of a candidate's entire
8835     submission, using widely recognized statistical sampling techniques; and
8836          (ii) provide for the transparent, orderly, and timely submission, verification, and
8837     certification of nomination petition signatures.
8838          (g) The county clerk shall:
8839          (i) review the declarations of candidacy filed by candidates for local boards of
8840     education to determine if more than two candidates have filed for the same seat;
8841          (ii) place the names of all candidates who have filed a declaration of candidacy for a
8842     local board of education seat on the nonpartisan section of the ballot if more than two
8843     candidates have filed for the same seat; and
8844          (iii) determine the order of the local board of education candidates' names on the ballot
8845     in accordance with Section 20A-6-305.
8846          (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the [lieutenant
8847     governor] director shall provide to the county clerks:
8848          (i) a list of the names of all candidates for federal, constitutional, multi-county, single
8849     county, and county offices who have received certifications under Subsection (3), along with
8850     instructions on how those names shall appear on the primary election ballot in accordance with
8851     Section 20A-6-305; and
8852          (ii) a list of unopposed candidates for elective office who have been nominated by a
8853     registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
8854     unopposed candidates from the primary election ballot.
8855          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
8856     joint-ticket running mates shall appear jointly on the primary election ballot.
8857          (c) After the county clerk receives the certified list from the [lieutenant governor]
8858     director under Subsection (4)(a), the county clerk shall post or publish a primary election notice
8859     in substantially the following form:

8860          "Notice is given that a primary election will be held Tuesday, June ____,
8861     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
8862     local school board positions listed on the primary ballot. The polling place for voting precinct
8863     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
8864     Attest: county clerk."
8865          (5) (a) A candidate who, at the regular primary election, receives the highest number of
8866     votes cast for the office sought by the candidate is:
8867          (i) nominated for that office by the candidate's registered political party; or
8868          (ii) for a nonpartisan local school board position, nominated for that office.
8869          (b) If two or more candidates are to be elected to the office at the regular general
8870     election, those party candidates equal in number to positions to be filled who receive the
8871     highest number of votes at the regular primary election are the nominees of the candidates'
8872     party for those positions.
8873          (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
8874          (A) no individual other than the candidate receives a certification under Subsection (3)
8875     for the regular primary election ballot of the candidate's registered political party for a
8876     particular elective office; or
8877          (B) for an office where more than one individual is to be elected or nominated, the
8878     number of candidates who receive certification under Subsection (3) for the regular primary
8879     election of the candidate's registered political party does not exceed the total number of
8880     candidates to be elected or nominated for that office.
8881          (ii) A candidate who is unopposed for an elective office in the regular primary election
8882     of a registered political party is nominated by the party for that office without appearing on the
8883     primary election ballot.
8884          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
8885     office that represents more than one county, the governor, [lieutenant governor, and] the
8886     attorney general, and the director shall, at a public meeting called by the governor and in the
8887     presence of the candidates involved, select the nominee by lot cast in whatever manner the
8888     governor determines.
8889          (b) When a tie vote occurs in any primary election for any county office, the district
8890     court judges of the district in which the county is located shall, at a public meeting called by

8891     the judges and in the presence of the candidates involved, select the nominee by lot cast in
8892     whatever manner the judges determine.
8893          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
8894     primary election provided for by this section, and all expenses necessarily incurred in the
8895     preparation for or the conduct of that primary election shall be paid out of the treasury of the
8896     county or state, in the same manner as for the regular general elections.
8897          (8) An individual may not file a declaration of candidacy for a registered political party
8898     of which the individual is not a member, except to the extent that the registered political party
8899     permits otherwise under the registered political party's bylaws.
8900          Section 154. Section 20A-9-405 is amended to read:
8901          20A-9-405. Nomination petitions for regular primary elections.
8902          (1) This section applies to the form and circulation of nomination petitions for regular
8903     primary elections described in Subsection 20A-9-403(3)(a).
8904          (2) A candidate for elective office, and the agents of the candidate, may not circulate
8905     nomination petitions until the candidate has submitted a declaration of candidacy in accordance
8906     with Subsection 20A-9-202(1).
8907          (3) For the manual candidate qualification process, the nomination petitions shall be in
8908     substantially the following form:
8909          (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
8910          (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
8911     space above that line blank for purposes of binding;
8912          (c) the petition shall be headed by a caption stating the purpose of the petition and the
8913     name of the proposed candidate;
8914          (d) the petition shall feature the word "Warning" followed by the following statement
8915     in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
8916     knowingly sign a nomination petition with any name other than the person's own name, or
8917     more than once for the same candidate, or if the person is not registered to vote in this state.";
8918          (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
8919     numbered one through 10;
8920          (f) the signature portion of the petition shall be divided into columns headed by the
8921     following titles:

8922          (i) Registered Voter's Printed Name;
8923          (ii) Signature of Registered Voter;
8924          (iii) Party Affiliation of Registered Voter;
8925          (iv) Birth Date or Age (Optional);
8926          (v) Street Address, City, Zip Code; and
8927          (vi) Date of Signature; and
8928          (g) a photograph of the candidate may appear on the nomination petition.
8929          (4) For the electronic candidate qualification process, the [lieutenant governor] director
8930     shall design an electronic form, using progressive screens, that includes:
8931          (a) the following warning:
8932          "Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
8933     petition with any name other than the person's own name, or more than once for the same
8934     candidate, or if the person is not registered to vote in this state."; and
8935          (b) the following information for each individual who signs the petition:
8936          (i) name;
8937          (ii) party affiliation;
8938          (iii) date of birth or age, (optional);
8939          (iv) street address, city, zip code;
8940          (v) date of signature;
8941          (vi) other information required under Section 20A-21-201; and
8942          (vii) other information required by the [lieutenant governor] director.
8943          (5) For the manual candidate qualification process, if one or more nomination petitions
8944     are bound together, a page shall be bound to the nomination petition(s) that features the
8945     following printed verification statement to be signed and dated by the petition circulator:
8946          "Verification
8947          State of Utah, County of ____
8948          I, ____, of ____, hereby state that:
8949          I am a Utah resident and am at least 18 years old;
8950          All the names that appear on the signature sheets bound to this page were, to the best of
8951     my knowledge, signed by the persons who professed to be the persons whose names appear on
8952     the signature sheets, and each of them signed the person's name on the signature sheets in my

8953     presence;
8954          I believe that each has printed and signed the person's name and written the person's
8955     street address correctly, and that each signer is registered to vote in Utah."
8956          (6) The [lieutenant governor] director shall prepare and make public model nomination
8957     petition forms and associated instructions.
8958          (7) A nomination petition circulator must be at least 18 years old and a resident of the
8959     state, but may affiliate with any political party.
8960          (8) It is unlawful for any person to:
8961          (a) knowingly sign the nomination petition described in this section or Section
8962     20A-9-408:
8963          (i) with any name other than the person's own name;
8964          (ii) more than once for the same candidate; or
8965          (iii) if the person is not registered to vote in this state;
8966          (b) sign the verification of a signature for a nomination petition if the person:
8967          (i) does not meet the residency requirements of Section 20A-2-105;
8968          (ii) has not witnessed the signing by those persons whose names appear on the
8969     nomination petition; or
8970          (iii) knows that a person whose signature appears on the nomination petition is not
8971     registered to vote in this state;
8972          (c) pay compensation to any person to sign a nomination petition; or
8973          (d) pay compensation to any person to circulate a nomination petition, if the
8974     compensation is based directly on the number of signatures submitted to a filing officer rather
8975     than on the number of signatures verified or on some other basis.
8976          (9) Any person violating Subsection (8) is guilty of a class A misdemeanor.
8977          (10) Withdrawal of petition signatures is prohibited.
8978          Section 155. Section 20A-9-406 is amended to read:
8979          20A-9-406. Qualified political party -- Requirements and exemptions.
8980          The following provisions apply to a qualified political party:
8981          (1) the qualified political party shall, no later than 5 p.m. on the first Monday of
8982     October of each odd-numbered year, certify to the [lieutenant governor] director the identity of
8983     one or more registered political parties whose members may vote for the qualified political

8984     party's candidates and whether unaffiliated voters may vote for the qualified political party's
8985     candidates;
8986          (2) the following provisions do not apply to a nomination for the qualified political
8987     party:
8988          (a) Subsections 20A-9-403(1) through (3)(b) and (3)(d) through (4)(a);
8989          (b) Subsection 20A-9-403(5)(c); and
8990          (c) Section 20A-9-405;
8991          (3) an individual may only seek the nomination of the qualified political party by using
8992     a method described in Section 20A-9-407, Section 20A-9-408, or both;
8993          (4) the qualified political party shall comply with the provisions of Sections
8994     20A-9-407, 20A-9-408, and 20A-9-409;
8995          (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer
8996     shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated
8997     by a qualified political party:
8998          (a) under the qualified political party's name , if any; or
8999          (b) under the title of the qualified registered political party as designated by the
9000     qualified political party in the certification described in Subsection (1), or, if none is
9001     designated, then under some suitable title;
9002          (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
9003     ballots in regular general elections, that each candidate who is nominated by the qualified
9004     political party is listed by party;
9005          (7) notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that
9006     the party designation of each candidate who is nominated by the qualified political party is
9007     displayed adjacent to the candidate's name on a mechanical ballot;
9008          (8) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
9009     includes an individual who files a declaration of candidacy under Section 20A-9-407 or
9010     20A-9-408 to run in a regular general election for a federal office, constitutional office,
9011     multicounty office, or county office;
9012          (9) an individual who is nominated by, or seeking the nomination of, the qualified
9013     political party is not required to comply with Subsection 20A-9-201(1)(c);
9014          (10) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled

9015     to have each of the qualified political party's candidates for elective office appear on the
9016     primary ballot of the qualified political party with an indication that each candidate is a
9017     candidate for the qualified political party;
9018          (11) notwithstanding Subsection 20A-9-403(4)(a), the [lieutenant governor] director
9019     shall include on the list provided by the [lieutenant governor] director to the county clerks:
9020          (a) the names of all candidates of the qualified political party for federal, constitutional,
9021     multicounty, and county offices; and
9022          (b) the names of unopposed candidates for elective office who have been nominated by
9023     the qualified political party and instruct the county clerks to exclude such candidates from the
9024     primary-election ballot;
9025          (12) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
9026     elective office in the regular primary election of the qualified political party is nominated by
9027     the party for that office without appearing on the primary ballot; and
9028          (13) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
9029     20A-9-405, the qualified political party is entitled to have the names of its candidates for
9030     elective office featured with party affiliation on the ballot at a regular general election.
9031          Section 156. Section 20A-9-407 is amended to read:
9032          20A-9-407. Convention process to seek the nomination of a qualified political
9033     party.
9034          (1) This section describes the requirements for a member of a qualified political party
9035     who is seeking the nomination of a qualified political party for an elective office through the
9036     qualified political party's convention process.
9037          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
9038     candidacy for a member of a qualified political party who is nominated by, or who is seeking
9039     the nomination of, the qualified political party under this section shall be substantially as
9040     described in Section 20A-9-408.5.
9041          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
9042     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
9043     nomination of the qualified political party for an elective office that is to be filled at the next
9044     general election, shall:
9045          (a) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy in

9046     person with the filing officer during the declaration of candidacy filing period described in
9047     Section 20A-9-201.5; and
9048          (b) pay the filing fee.
9049          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
9050     party who, under this section, is seeking the nomination of the qualified political party for the
9051     office of district attorney within a multicounty prosecution district that is to be filled at the next
9052     general election shall:
9053          (a) file a declaration of candidacy with the county clerk designated in the interlocal
9054     agreement creating the prosecution district during the declaration of candidacy filing period
9055     described in Section 20A-9-201.5; and
9056          (b) pay the filing fee.
9057          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
9058     who files as the joint-ticket running mate of an individual who is nominated by a qualified
9059     political party, under this section, for the office of governor shall, during the declaration of
9060     candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
9061     submit a letter from the candidate for governor that names the lieutenant governor candidate as
9062     a joint-ticket running mate.
9063          (6) (a) A qualified political party that nominates a candidate under this section shall
9064     certify the name of the candidate to the [lieutenant governor] director before the deadline
9065     described in Subsection 20A-9-202(1)(b).
9066          (b) The [lieutenant governor] director shall include, in the primary ballot certification
9067     or, for a race where a primary is not held because the candidate is unopposed, in the general
9068     election ballot certification, the name of each candidate nominated by a qualified political party
9069     under this section.
9070          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
9071     is nominated by a qualified political party under this section, designate the qualified political
9072     party that nominated the candidate.
9073          Section 157. Section 20A-9-408 is amended to read:
9074          20A-9-408. Signature-gathering process to seek the nomination of a qualified
9075     political party -- Removal of signature.
9076          (1) This section describes the requirements for a member of a qualified political party

9077     who is seeking the nomination of the qualified political party for an elective office through the
9078     signature-gathering process described in this section.
9079          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
9080     candidacy for a member of a qualified political party who is nominated by, or who is seeking
9081     the nomination of, the qualified political party under this section shall be substantially as
9082     described in Section 20A-9-408.5.
9083          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
9084     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
9085     nomination of the qualified political party for an elective office that is to be filled at the next
9086     general election shall:
9087          (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
9088     and before gathering signatures under this section, file with the filing officer on a form
9089     approved by the [lieutenant governor] director a notice of intent to gather signatures for
9090     candidacy that includes:
9091          (i) the name of the member who will attempt to become a candidate for a registered
9092     political party under this section;
9093          (ii) the name of the registered political party for which the member is seeking
9094     nomination;
9095          (iii) the office for which the member is seeking to become a candidate;
9096          (iv) the address and telephone number of the member; and
9097          (v) other information required by the [lieutenant governor] director;
9098          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
9099     in person, with the filing officer during the declaration of candidacy filing period described in
9100     Section 20A-9-201.5; and
9101          (c) pay the filing fee.
9102          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
9103     party who, under this section, is seeking the nomination of the qualified political party for the
9104     office of district attorney within a multicounty prosecution district that is to be filled at the next
9105     general election shall:
9106          (a) during the declaration of candidacy filing period described in Section 20A-9-201.5,
9107     and before gathering signatures under this section, file with the filing officer on a form

9108     approved by the [lieutenant governor] director a notice of intent to gather signatures for
9109     candidacy that includes:
9110          (i) the name of the member who will attempt to become a candidate for a registered
9111     political party under this section;
9112          (ii) the name of the registered political party for which the member is seeking
9113     nomination;
9114          (iii) the office for which the member is seeking to become a candidate;
9115          (iv) the address and telephone number of the member; and
9116          (v) other information required by the [lieutenant governor] director;
9117          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
9118     in person, with the filing officer during the declaration of candidacy filing period described in
9119     Section 20A-9-201.5; and
9120          (c) pay the filing fee.
9121          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
9122     who files as the joint-ticket running mate of an individual who is nominated by a qualified
9123     political party, under this section, for the office of governor shall, during the declaration of
9124     candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and
9125     submit a letter from the candidate for governor that names the lieutenant governor candidate as
9126     a joint-ticket running mate.
9127          (6) The [lieutenant governor] director shall ensure that the certification described in
9128     Subsection 20A-9-701(1) also includes the name of each candidate nominated by a qualified
9129     political party under this section.
9130          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
9131     is nominated by a qualified political party under this section, designate the qualified political
9132     party that nominated the candidate.
9133          (8) A member of a qualified political party may seek the nomination of the qualified
9134     political party for an elective office by:
9135          (a) complying with the requirements described in this section; and
9136          (b) collecting signatures, on a form approved by the [lieutenant governor] director that
9137     complies with Subsection 20A-9-405(3), during the period beginning on the day on which the
9138     member files a notice of intent to gather signatures and ending at 5 p.m. 14 days before the day

9139     on which the qualified political party's convention for the office is held, in the following
9140     amounts:
9141          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
9142     permitted by the qualified political party to vote for the qualified political party's candidates in
9143     a primary election;
9144          (ii) for a congressional district race, 7,000 signatures of registered voters who are
9145     residents of the congressional district and are permitted by the qualified political party to vote
9146     for the qualified political party's candidates in a primary election;
9147          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
9148     residents of the state Senate district and are permitted by the qualified political party to vote for
9149     the qualified political party's candidates in a primary election;
9150          (iv) for a state House district race, 1,000 signatures of registered voters who are
9151     residents of the state House district and are permitted by the qualified political party to vote for
9152     the qualified political party's candidates in a primary election;
9153          (v) for a State Board of Education race, the lesser of:
9154          (A) 2,000 signatures of registered voters who are residents of the State Board of
9155     Education district and are permitted by the qualified political party to vote for the qualified
9156     political party's candidates in a primary election; or
9157          (B) 3% of the registered voters of the qualified political party who are residents of the
9158     applicable State Board of Education district; and
9159          (vi) for a county office race, signatures of 3% of the registered voters who are residents
9160     of the area permitted to vote for the county office and are permitted by the qualified political
9161     party to vote for the qualified political party's candidates in a primary election.
9162          (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
9163          (b) In order for a member of the qualified political party to qualify as a candidate for
9164     the qualified political party's nomination for an elective office under this section, using the
9165     manual candidate qualification process, the member shall:
9166          (i) collect the signatures on a form approved by the [lieutenant governor] director,
9167     using the same circulation and verification requirements described in Sections 20A-7-105 and
9168     20A-7-204; and
9169          (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days

9170     before the day on which the qualified political party holds the party's convention to select
9171     candidates, for the elective office, for the qualified political party's nomination.
9172          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
9173     election officer shall, no later than the earlier of 14 days after the day on which the election
9174     officer receives the signatures, or one day before the day on which the qualified political party
9175     holds the convention to select a nominee for the elective office to which the signature packets
9176     relate:
9177          (i) check the name of each individual who completes the verification for a signature
9178     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
9179          (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not a
9180     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
9181          (iii) with the assistance of the county clerk as applicable, determine whether each
9182     signer is a registered voter who is qualified to sign the petition, using the same method,
9183     described in Section 20A-1-1002, used to verify a signature on a petition; and
9184          (iv) certify whether each name is that of a registered voter who is qualified to sign the
9185     signature packet.
9186          (d) (i) A registered voter who physically signs a form under Subsections (8) and (9)(b)
9187     may have the voter's signature removed from the form by, no later than three business days
9188     after the day on which the member submits the signature form to the election officer,
9189     submitting to the election officer a statement requesting that the voter's signature be removed.
9190          (ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
9191     described in Subsection 20A-1-1003(2).
9192          (iii) With the assistance of the county clerk as applicable, the election officer shall use
9193     the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an
9194     individual's signature after receiving a timely, valid statement requesting removal of the
9195     signature.
9196          (10) (a) This Subsection (10) applies only to the electronic candidate qualification
9197     process.
9198          (b) In order for a member of the qualified political party to qualify as a candidate for
9199     the qualified political party's nomination for an elective office under this section, the member
9200     shall, before 5 p.m. no later than 14 days before the day on which the qualified political party

9201     holds the party's convention to select candidates, for the elective office, for the qualified
9202     political party's nomination, collect signatures electronically:
9203          (i) in accordance with Section 20A-21-201; and
9204          (ii) using progressive screens, in a format approved by the [lieutenant governor]
9205     director, that complies with Subsection 20A-9-405(4).
9206          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
9207     election officer shall, no later than the earlier of 14 days after the day on which the election
9208     officer receives the signatures, or one day before the day on which the qualified political party
9209     holds the convention to select a nominee for the elective office to which the signature packets
9210     relate:
9211          (i) check the name of each individual who completes the verification for a signature to
9212     determine whether each individual is a resident of Utah and is at least 18 years old; and
9213          (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
9214     Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
9215          (11) (a) An individual may not gather signatures under this section until after the
9216     individual files a notice of intent to gather signatures for candidacy described in this section.
9217          (b) An individual who files a notice of intent to gather signatures for candidacy,
9218     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
9219     the notice of intent to gather signatures for candidacy:
9220          (i) required to comply with the reporting requirements that a candidate for office is
9221     required to comply with; and
9222          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
9223     apply to a candidate for office in relation to the reporting requirements described in Subsection
9224     (11)(b)(i).
9225          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
9226     Subsections (8) and (10)(b), the election officer shall, no later than one day before the day on
9227     which the qualified political party holds the convention to select a nominee for the elective
9228     office to which the signature packets relate, notify the qualified political party and the
9229     [lieutenant governor] director of the name of each member of the qualified political party who
9230     qualifies as a nominee of the qualified political party, under this section, for the elective office
9231     to which the convention relates.

9232          (d) Upon receipt of a notice of intent to gather signatures for candidacy described in
9233     this section, the [lieutenant governor] director shall post the notice of intent to gather signatures
9234     for candidacy on the [lieutenant governor's] office's website in the same location that the
9235     [lieutenant governor] director posts a declaration of candidacy.
9236          Section 158. Section 20A-9-409 is amended to read:
9237          20A-9-409. Primary election provisions relating to qualified political party.
9238          (1) The regular primary election is held on the date specified in Section 20A-1-201.5.
9239          (2) (a) A qualified political party that nominates one or more candidates for an elective
9240     office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
9241     office under Section 20A-9-408, may, but is not required to, participate in the primary election
9242     for that office.
9243          (b) A qualified political party that has only one candidate qualify as a candidate for an
9244     elective office under Section 20A-9-408 and does not nominate a candidate for that office
9245     under Section 20A-9-407, may, but is not required to, participate in the primary election for
9246     that office.
9247          (c) A qualified political party that nominates one or more candidates for an elective
9248     office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
9249     office under Section 20A-9-408 shall participate in the primary election for that office.
9250          (d) A qualified political party that has two or more candidates qualify as candidates for
9251     an elective office under Section 20A-9-408 and does not nominate a candidate for that office
9252     under Section 20A-9-407 shall participate in the primary election for that office.
9253          (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
9254     17-52a-201 or 17-52a-202, a qualified political party shall participate in the primary election
9255     for a county commission office if:
9256          (a) there is more than one:
9257          (i) open position as defined in Section 17-52a-201; or
9258          (ii) midterm vacancy as defined in Section 17-52a-201; and
9259          (b) the number of candidates nominated under Section 20A-9-407 or qualified under
9260     Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
9261     of respective open positions or midterm vacancies.
9262          (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:

9263          (i) no individual other than the candidate receives a certification, from the appropriate
9264     filing officer, for the regular primary election ballot of the candidate's registered political party
9265     for a particular elective office; or
9266          (ii) for an office where more than one individual is to be elected or nominated, the
9267     number of candidates who receive certification, from the appropriate filing officer, for the
9268     regular primary election of the candidate's registered political party does not exceed the total
9269     number of candidates to be elected or nominated for that office.
9270          (b) Before the deadline described in Subsection (4)(c), the [lieutenant governor]
9271     director shall:
9272          (i) provide to the county clerks:
9273          (A) a list of the names of all candidates for federal, constitutional, multi-county, single
9274     county, and county offices who have received certifications from the appropriate filing officer,
9275     along with instructions on how those names shall appear on the primary election ballot in
9276     accordance with Section 20A-6-305; and
9277          (B) a list of unopposed candidates for elective office who have been nominated by a
9278     registered political party; and
9279          (ii) instruct the county clerks to exclude unopposed candidates from the primary
9280     election ballot.
9281          (c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
9282     the fourth Saturday in April.
9283          Section 159. Section 20A-9-410 is amended to read:
9284          20A-9-410. Rulemaking authority.
9285          The [director of elections, within the Office of the Lieutenant Governor,] office shall
9286     make rules, in accordance with the provisions of Title 63G, Chapter 3, Utah Administrative
9287     Rulemaking Act, relating to procedures for complying with, and verifying compliance with, the
9288     candidate nominating process described in this part.
9289          Section 160. Section 20A-9-503 is amended to read:
9290          20A-9-503. Certificate of nomination -- Filing -- Fees.
9291          (1) Except as provided in Subsection (1)(b), after the certificate of nomination has been
9292     certified, executed, and acknowledged by the county clerk, the candidate shall:
9293          (a) (i) file the petition in person with the [lieutenant governor] director, if the office the

9294     candidate seeks is a constitutional office or a federal office, or the county clerk, if the office the
9295     candidate seeks is a county office, during the declaration of candidacy filing period described
9296     in Section 20A-9-201.5; and
9297          (ii) pay the filing fee; or
9298          (b) not later than the close of normal office hours on June 15 of any odd-numbered
9299     year:
9300          (i) file the petition in person with the municipal clerk, if the candidate seeks an office
9301     in a city or town, or the special district clerk, if the candidate seeks an office in a special
9302     district; and
9303          (ii) pay the filing fee.
9304          (2) (a) The provisions of this Subsection (2) do not apply to an individual who files a
9305     declaration of candidacy for president of the United States.
9306          (b) Subject to Subsections (4)(c) and 20A-9-502(2), an individual may designate an
9307     agent to file a declaration of candidacy with the appropriate filing officer if:
9308          (i) the individual is located outside of the state during the entire filing period;
9309          (ii) the designated agent appears in person before the filing officer; and
9310          (iii) the individual communicates with the filing officer using an electronic device that
9311     allows the individual and filing officer to see and hear each other.
9312          (3) (a) At the time of filing, and before accepting the petition, the filing officer shall
9313     read the constitutional and statutory requirements for candidacy to the candidate.
9314          (b) If the candidate states that the candidate does not meet the requirements, the filing
9315     officer may not accept the petition.
9316          (4) (a) An individual filing a certificate of nomination for president or vice president of
9317     the United States under this section shall pay a filing fee of $500.
9318          (b) Notwithstanding Subsection (1), an individual filing a certificate of nomination for
9319     president or vice president of the United States:
9320          (i) may file the certificate of nomination during the declaration of candidacy filing
9321     period described in Section 20A-9-201.5; and
9322          (ii) may use a designated agent to file the certificate of nomination.
9323          (c) An agent designated under Subsection (2) or described in Subsection (4)(b)(ii) may
9324     not sign the certificate of nomination form.

9325          Section 161. Section 20A-9-601 is amended to read:
9326          20A-9-601. Qualifying as a write-in candidate.
9327          (1) (a) Except as provided in Subsection (1)(b), an individual who wishes to become a
9328     valid write-in candidate shall file a declaration of candidacy in person, or through a designated
9329     agent for a candidate for president or vice president of the United States, with the appropriate
9330     filing officer before 5 p.m. no later than 65 days before the regular general election or a
9331     municipal general election in which the individual intends to be a write-in candidate.
9332          (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
9333     declaration of candidacy for president of the United States.
9334          (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
9335     declaration of candidacy with the appropriate filing officer if:
9336          (A) the individual is located outside of the state during the entire filing period;
9337          (B) the designated agent appears in person before the filing officer; and
9338          (C) the individual communicates with the filing officer using an electronic device that
9339     allows the individual and filing officer to see and hear each other.
9340          (2) (a) The form of the declaration of candidacy for a write-in candidate for all offices,
9341     except president or vice president of the United States, is substantially as follows:
9342          "State of Utah, County of ____
9343          I, ______________, declare my intention of becoming a candidate for the office of
9344     ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
9345     qualifications to hold the office, both legally and constitutionally, if selected; I reside at
9346     _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
9347     not knowingly violate any law governing campaigns and elections; if filing via a designated
9348     agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
9349     campaign financial disclosure reports as required by law; and I understand that failure to do so
9350     will result in my disqualification as a candidate for this office and rejection of any votes cast
9351     for me. The mailing address that I designate for receiving official election notices is
9352     ___________________________.
9353          ____________________________________________________________________
9354          Subscribed and sworn before me this __________(month\day\year).
9355          Notary Public (or other officer qualified to administer oath)."

9356          (b) The form of the declaration of candidacy for a write-in candidate for president of
9357     the United States is substantially as follows:
9358          "State of Utah, County of ____
9359          I, ______________, declare my intention of becoming a candidate for the office of the
9360     president of the United States. I do solemnly swear that: I will meet the qualifications to hold
9361     the office, both legally and constitutionally, if selected; I reside at _____________ in the City
9362     or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
9363     any law governing campaigns and elections. The mailing address that I designate for receiving
9364     official election notices is ___________________________. I designate _______________ as
9365     my vice presidential candidate.
9366          ____________________________________________________________________
9367          Subscribed and sworn before me this __________(month\day\year).
9368          Notary Public (or other officer qualified to administer oath.)"
9369          (c) A declaration of candidacy for a write-in candidate for vice president of the United
9370     States shall be in substantially the same form as a declaration of candidacy described in
9371     Subsection 20A-9-202(7).
9372          (d) An agent described in Subsection (1)(a) or (b) may not sign the form described in
9373     Subsection (2)(a) or (b).
9374          (3) (a) The filing officer shall:
9375          (i) read to the candidate the constitutional and statutory requirements for the office;
9376          (ii) ask the candidate whether the candidate meets the requirements; and
9377          (iii) if the declaration of candidacy is for a legislative office, inform the individual that
9378     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
9379     or trust, under authority of the United States or Utah, from being a member of the Legislature.
9380          (b) If the candidate cannot meet the requirements of office, the filing officer may not
9381     accept the write-in candidate's declaration of candidacy.
9382          (4) (a) Except as provided in Subsection (4)(b), a write-in candidate is subject to
9383     Subsection 20A-9-201(8).
9384          (b) A write-in candidate for president of the United States is subject to Subsection
9385     20A-9-201(8)(d) or 20A-9-803(1)(d), as applicable.
9386          (5) By November 1 of each regular general election year, the [lieutenant governor]

9387     director shall certify to each county clerk the names of all write-in candidates who filed their
9388     declaration of candidacy with the [lieutenant governor] director.
9389          Section 162. Section 20A-9-701 is amended to read:
9390          20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
9391          (1) No later than August 31 of each regular general election year, the [lieutenant
9392     governor] director shall certify to each county clerk, for offices to be voted upon at the regular
9393     general election in that county clerk's county:
9394          (a) the names of each candidate nominated under Subsection 20A-9-202(4) or
9395     Subsection 20A-9-403(5); and
9396          (b) the names of the candidates for president and vice president that are certified by the
9397     registered political party as the party's nominees.
9398          (2) The names shall be certified by the [lieutenant governor] director and shall be
9399     displayed on the ballot as they are provided on the candidate's declaration of candidacy. No
9400     other names may appear on the ballot as affiliated with, endorsed by, or nominated by any other
9401     registered political party, political party, or other political group.
9402          Section 163. Section 20A-9-802 is amended to read:
9403          20A-9-802. Presidential primary election established -- Other ballot items
9404     prohibited.
9405          (1) (a) There is established a presidential primary election held on the first Tuesday in
9406     March in the year in which a presidential election will be held.
9407          (b) Except as otherwise specifically provided in this chapter, county clerks shall
9408     administer the presidential primary election according to the provisions of this title, including:
9409          (i) Chapter 1, General Provisions;
9410          (ii) Chapter 2, Voter Registration;
9411          (iii) Chapter 3a, Voting;
9412          (iv) Chapter 4, Election Returns and Election Contests;
9413          (v) Chapter 5, Election Administration; and
9414          (vi) Chapter 6, Ballot Form.
9415          (c) (i) The county clerks shall ensure that the ballot voted by the voters at the
9416     presidential primary election contains only the names of candidates for President of the United
9417     States who have qualified as provided in this part.

9418          (ii) The county clerks may not present any other items to the voters to be voted upon at
9419     this election.
9420          (2) Registered political parties, and candidates for President of the United States who
9421     are affiliated with a registered political party, may participate in the presidential primary
9422     election established by this part.
9423          (3) As a condition for using the state's election system, each registered political party
9424     wishing to participate in the presidential primary election held under this section shall:
9425          (a) declare the political party's intent to participate in the presidential primary election;
9426          (b) identify one or more registered political parties whose members may vote for the
9427     registered political party's candidates and whether individuals identified as unaffiliated with a
9428     political party may vote for the registered political party's candidates; and
9429          (c) certify that information to the [lieutenant governor] director no later than 5 p.m. on
9430     August 10 of the year before the year in which the presidential primary election will be held.
9431          Section 164. Section 20A-9-803 is amended to read:
9432          20A-9-803. Declaration of candidacy -- Filing fee -- Form.
9433          (1) Candidates for president of the United States who are affiliated with a registered
9434     political party that has elected to participate in the presidential primary election and who wish
9435     to participate in the primary election shall:
9436          (a) file a declaration of candidacy, in person or via a designated agent, with the
9437     [lieutenant governor] director between August 15 of the year before the primary election will
9438     be held and 5 p.m. on December 1 of the year before the primary election will be held;
9439          (b) identify the registered political party whose nomination the candidate is seeking;
9440          (c) provide a letter from the registered political party certifying that the candidate may
9441     participate as a candidate for that party in that party's presidential primary election; and
9442          (d) pay the filing fee of $500.
9443          (2) The [lieutenant governor] director shall develop a declaration of candidacy form for
9444     presidential candidates participating in the primary.
9445          (3) An agent designated to file a declaration of candidacy may not sign the form
9446     described in Subsection (2).
9447          Section 165. Section 20A-9-805 is amended to read:
9448          20A-9-805. Closed primary -- Determining party affiliation -- Changing party

9449     affiliation.
9450          (1) If a registered political party has restricted voting for its presidential candidates as
9451     authorized by Subsection 20A-9-802(3)(b), the [lieutenant governor] director shall direct the
9452     county clerks and other election officials to allow only those voters meeting the registered
9453     political party's criteria to vote for that party's presidential candidates.
9454          (2) (a) For each individual who registers to vote, the county clerk shall:
9455          (i) record the party affiliation designated by the individual on the voter registration
9456     form as the individual's party affiliation; or
9457          (ii) if no political party affiliation is designated by the individual on the voter
9458     registration form, record the individual's party affiliation as "unaffiliated."
9459          (b) Any registered voter may designate or change the voter's political party affiliation
9460     by complying with the procedures and requirements of Section 20A-2-107 or Section
9461     20A-9-808.
9462          Section 166. Section 20A-9-806 is amended to read:
9463          20A-9-806. Ballots.
9464          (1) The [lieutenant governor] director, together with county clerks, suppliers of
9465     election materials, and representatives of registered political parties, shall:
9466          (a) develop manual ballots, mechanical ballots, return envelopes and provisional ballot
9467     envelopes to be used in a presidential primary election;
9468          (b) ensure that the ballots, return envelopes, and provisional ballot envelopes comply
9469     generally with the requirements of Chapter 6, Part 1, General Requirements for All Ballots; and
9470          (c) provide voting booths, election records and supplies, and ballot boxes for each
9471     voting precinct as required by Section 20A-5-403.
9472          (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Chapter 6, Part
9473     1, General Requirements for All Ballots, and Section 20A-5-403, the [lieutenant governor]
9474     director, together with county clerks, suppliers of election materials, and representatives of
9475     registered political parties shall ensure that the ballots, return envelopes, provisional ballot
9476     envelopes, voting booths, election records and supplies, and ballot boxes:
9477          (i) facilitate the distribution, voting, and tallying of ballots in a closed primary;
9478          (ii) simplify the task of poll workers, particularly in determining a voter's party
9479     affiliation;

9480          (iii) minimize the possibility of spoiled ballots due to voter confusion; and
9481          (iv) protect against fraud.
9482          (b) To accomplish the requirements of this Subsection (2), the [lieutenant governor]
9483     director, county clerks, suppliers of election materials, and representatives of registered
9484     political parties shall:
9485          (i) mark ballots as being for a particular registered political party; and
9486          (ii) instruct persons counting the ballots to count only those votes for candidates from
9487     the registered political party whose ballot the voter received.
9488          (c) To accomplish the requirements of this Subsection (2), the [lieutenant governor]
9489     director, county clerks, suppliers of election materials, and representatives of registered
9490     political parties may:
9491          (i) notwithstanding the requirements of Sections 20A-6-101 and 20A-6-102, use
9492     different colored ballots for each registered political party;
9493          (ii) place ballots for each registered political party in different voting booths and direct
9494     voters to the particular voting booth for the political party whose ballot they are voting; or
9495          (iii) consider other means of accomplishing the objectives described in Subsection
9496     (2)(a).
9497          Section 167. Section 20A-9-809 is amended to read:
9498          20A-9-809. Counting votes -- Canvass -- Certification of results to parties.
9499          (1) Votes shall be counted, results tabulated, returns transmitted, ballots reviewed and
9500     retained, returns canvassed, and recounts and election contests conducted as provided in
9501     Chapter 4, Election Returns and Election Contests.
9502          (2) After the canvass is complete and the report is prepared, the [lieutenant governor]
9503     director shall transmit a copy of the report to each registered political party that participated in
9504     the presidential primary election.
9505          Section 168. Section 20A-11-101 is amended to read:
9506          20A-11-101. Definitions.
9507          As used in this chapter:
9508          (1) (a) "Address" means the number and street where an individual resides or where a
9509     reporting entity has its principal office.
9510          (b) "Address" does not include a post office box.

9511          (2) "Agent of a reporting entity" means:
9512          (a) a person acting on behalf of a reporting entity at the direction of the reporting
9513     entity;
9514          (b) a person employed by a reporting entity in the reporting entity's capacity as a
9515     reporting entity;
9516          (c) the personal campaign committee of a candidate or officeholder;
9517          (d) a member of the personal campaign committee of a candidate or officeholder in the
9518     member's capacity as a member of the personal campaign committee of the candidate or
9519     officeholder; or
9520          (e) a political consultant of a reporting entity.
9521          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
9522     amendments, and any other ballot propositions submitted to the voters that are authorized by
9523     the Utah Code Annotated 1953.
9524          (4) "Candidate" means any person who:
9525          (a) files a declaration of candidacy for a public office; or
9526          (b) receives contributions, makes expenditures, or gives consent for any other person to
9527     receive contributions or make expenditures to bring about the person's nomination or election
9528     to a public office.
9529          (5) "Chief election officer" means:
9530          (a) the [lieutenant governor] director for state office candidates, legislative office
9531     candidates, officeholders, political parties, political action committees, corporations, political
9532     issues committees, state school board candidates, judges, and labor organizations, as defined in
9533     Section 20A-11-1501; and
9534          (b) the county clerk for local school board candidates.
9535          (6) (a) "Contribution" means any of the following when done for political purposes:
9536          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
9537     value given to the filing entity;
9538          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
9539     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
9540     anything of value to the filing entity;
9541          (iii) any transfer of funds from another reporting entity to the filing entity;

9542          (iv) compensation paid by any person or reporting entity other than the filing entity for
9543     personal services provided without charge to the filing entity;
9544          (v) remuneration from:
9545          (A) any organization or its directly affiliated organization that has a registered lobbyist;
9546     or
9547          (B) any agency or subdivision of the state, including school districts;
9548          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
9549          (vii) in-kind contributions.
9550          (b) "Contribution" does not include:
9551          (i) services provided by individuals volunteering a portion or all of their time on behalf
9552     of the filing entity if the services are provided without compensation by the filing entity or any
9553     other person;
9554          (ii) money lent to the filing entity by a financial institution in the ordinary course of
9555     business;
9556          (iii) goods or services provided for the benefit of a political entity at less than fair
9557     market value that are not authorized by or coordinated with the political entity; or
9558          (iv) data or information described in Subsection (24)(b).
9559          (7) "Coordinated with" means that goods or services provided for the benefit of a
9560     political entity are provided:
9561          (a) with the political entity's prior knowledge, if the political entity does not object;
9562          (b) by agreement with the political entity;
9563          (c) in coordination with the political entity; or
9564          (d) using official logos, slogans, and similar elements belonging to a political entity.
9565          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
9566     organization that is registered as a corporation or is authorized to do business in a state and
9567     makes any expenditure from corporate funds for:
9568          (i) the purpose of expressly advocating for political purposes; or
9569          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
9570     proposition.
9571          (b) "Corporation" does not mean:
9572          (i) a business organization's political action committee or political issues committee; or

9573          (ii) a business entity organized as a partnership or a sole proprietorship.
9574          (9) "County political party" means, for each registered political party, all of the persons
9575     within a single county who, under definitions established by the political party, are members of
9576     the registered political party.
9577          (10) "County political party officer" means a person whose name is required to be
9578     submitted by a county political party to the [lieutenant governor] director in accordance with
9579     Section 20A-8-402.
9580          (11) "Detailed listing" means:
9581          (a) for each contribution or public service assistance:
9582          (i) the name and address of the individual or source making the contribution or public
9583     service assistance, except to the extent that the name or address of the individual or source is
9584     unknown;
9585          (ii) the amount or value of the contribution or public service assistance; and
9586          (iii) the date the contribution or public service assistance was made; and
9587          (b) for each expenditure:
9588          (i) the amount of the expenditure;
9589          (ii) the goods or services acquired by the expenditure; and
9590          (iii) the date the expenditure was made.
9591          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
9592     for membership in the corporation, to a corporation without receiving full and adequate
9593     consideration for the money.
9594          (b) "Donor" does not include a person that signs a statement that the corporation may
9595     not use the money for an expenditure or political issues expenditure.
9596          (13) "Election" means each:
9597          (a) regular general election;
9598          (b) regular primary election; and
9599          (c) special election at which candidates are eliminated and selected.
9600          (14) "Electioneering communication" means a communication that:
9601          (a) has at least a value of $10,000;
9602          (b) clearly identifies a candidate or judge; and
9603          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising

9604     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
9605     identified candidate's or judge's election date.
9606          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
9607     agent of a reporting entity on behalf of the reporting entity:
9608          (i) any disbursement from contributions, receipts, or from the separate bank account
9609     required by this chapter;
9610          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
9611     or anything of value made for political purposes;
9612          (iii) an express, legally enforceable contract, promise, or agreement to make any
9613     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
9614     value for political purposes;
9615          (iv) compensation paid by a filing entity for personal services rendered by a person
9616     without charge to a reporting entity;
9617          (v) a transfer of funds between the filing entity and a candidate's personal campaign
9618     committee;
9619          (vi) goods or services provided by the filing entity to or for the benefit of another
9620     reporting entity for political purposes at less than fair market value; or
9621          (vii) an independent expenditure, as defined in Section 20A-11-1702.
9622          (b) "Expenditure" does not include:
9623          (i) services provided without compensation by individuals volunteering a portion or all
9624     of their time on behalf of a reporting entity;
9625          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
9626     business; or
9627          (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
9628     candidates for office or officeholders in states other than Utah.
9629          (16) "Federal office" means the office of president of the United States, United States
9630     Senator, or United States Representative.
9631          (17) "Filing entity" means the reporting entity that is required to file a financial
9632     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
9633          (18) "Financial statement" includes any summary report, interim report, verified
9634     financial statement, or other statement disclosing contributions, expenditures, receipts,

9635     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
9636     Retention Elections.
9637          (19) "Governing board" means the individual or group of individuals that determine the
9638     candidates and committees that will receive expenditures from a political action committee,
9639     political party, or corporation.
9640          (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
9641     Incorporation, by which a geographical area becomes legally recognized as a city, town, or
9642     metro township.
9643          (21) "Incorporation election" means the election conducted under Section 10-2a-210 or
9644     10-2a-404.
9645          (22) "Incorporation petition" means a petition described in Section 10-2a-208.
9646          (23) "Individual" means a natural person.
9647          (24) (a) "In-kind contribution" means anything of value, other than money, that is
9648     accepted by or coordinated with a filing entity.
9649          (b) "In-kind contribution" does not include survey results, voter lists, voter contact
9650     information, demographic data, voting trend data, or other information that:
9651          (i) is not commissioned for the benefit of a particular candidate or officeholder; and
9652          (ii) is offered at no cost to a candidate or officeholder.
9653          (25) "Interim report" means a report identifying the contributions received and
9654     expenditures made since the last report.
9655          (26) "Legislative office" means the office of state senator, state representative, speaker
9656     of the House of Representatives, president of the Senate, and the leader, whip, and assistant
9657     whip of any party caucus in either house of the Legislature.
9658          (27) "Legislative office candidate" means a person who:
9659          (a) files a declaration of candidacy for the office of state senator or state representative;
9660          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
9661     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
9662     assistant whip of any party caucus in either house of the Legislature; or
9663          (c) receives contributions, makes expenditures, or gives consent for any other person to
9664     receive contributions or make expenditures to bring about the person's nomination, election, or
9665     appointment to a legislative office.

9666          (28) "Loan" means any of the following provided by a person that benefits a filing
9667     entity if the person expects repayment or reimbursement:
9668          (a) an expenditure made using any form of payment;
9669          (b) money or funds received by the filing entity;
9670          (c) the provision of a good or service with an agreement or understanding that payment
9671     or reimbursement will be delayed; or
9672          (d) use of any line of credit.
9673          (29) "Major political party" means either of the two registered political parties that
9674     have the greatest number of members elected to the two houses of the Legislature.
9675          (30) "Officeholder" means a person who holds a public office.
9676          (31) "Party committee" means any committee organized by or authorized by the
9677     governing board of a registered political party.
9678          (32) "Person" means both natural and legal persons, including individuals, business
9679     organizations, personal campaign committees, party committees, political action committees,
9680     political issues committees, and labor organizations, as defined in Section 20A-11-1501.
9681          (33) "Personal campaign committee" means the committee appointed by a candidate to
9682     act for the candidate as provided in this chapter.
9683          (34) "Personal use expenditure" has the same meaning as provided under Section
9684     20A-11-104.
9685          (35) (a) "Political action committee" means an entity, or any group of individuals or
9686     entities within or outside this state, a major purpose of which is to:
9687          (i) solicit or receive contributions from any other person, group, or entity for political
9688     purposes; or
9689          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
9690     vote for or against any candidate or person seeking election to a municipal or county office.
9691          (b) "Political action committee" includes groups affiliated with a registered political
9692     party but not authorized or organized by the governing board of the registered political party
9693     that receive contributions or makes expenditures for political purposes.
9694          (c) "Political action committee" does not mean:
9695          (i) a party committee;
9696          (ii) any entity that provides goods or services to a candidate or committee in the regular

9697     course of its business at the same price that would be provided to the general public;
9698          (iii) an individual;
9699          (iv) individuals who are related and who make contributions from a joint checking
9700     account;
9701          (v) a corporation, except a corporation a major purpose of which is to act as a political
9702     action committee; or
9703          (vi) a personal campaign committee.
9704          (36) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
9705     by another person on behalf of and with the knowledge of the reporting entity, to provide
9706     political advice to the reporting entity.
9707          (b) "Political consultant" includes a circumstance described in Subsection (36)(a),
9708     where the person:
9709          (i) has already been paid, with money or other consideration;
9710          (ii) expects to be paid in the future, with money or other consideration; or
9711          (iii) understands that the person may, in the discretion of the reporting entity or another
9712     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
9713     money or other consideration.
9714          (37) "Political convention" means a county or state political convention held by a
9715     registered political party to select candidates.
9716          (38) "Political entity" means a candidate, a political party, a political action committee,
9717     or a political issues committee.
9718          (39) (a) "Political issues committee" means an entity, or any group of individuals or
9719     entities within or outside this state, a major purpose of which is to:
9720          (i) solicit or receive donations from any other person, group, or entity to assist in
9721     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
9722     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
9723          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
9724     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
9725     proposed ballot proposition or an incorporation in an incorporation election; or
9726          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
9727     ballot or to assist in keeping a ballot proposition off the ballot.

9728          (b) "Political issues committee" does not mean:
9729          (i) a registered political party or a party committee;
9730          (ii) any entity that provides goods or services to an individual or committee in the
9731     regular course of its business at the same price that would be provided to the general public;
9732          (iii) an individual;
9733          (iv) individuals who are related and who make contributions from a joint checking
9734     account;
9735          (v) a corporation, except a corporation a major purpose of which is to act as a political
9736     issues committee; or
9737          (vi) a group of individuals who:
9738          (A) associate together for the purpose of challenging or supporting a single ballot
9739     proposition, ordinance, or other governmental action by a county, city, town, special district,
9740     special service district, or other local political subdivision of the state;
9741          (B) have a common liberty, property, or financial interest that is directly impacted by
9742     the ballot proposition, ordinance, or other governmental action;
9743          (C) do not associate together, for the purpose described in Subsection (39)(b)(vi)(A),
9744     via a legal entity;
9745          (D) do not receive funds for challenging or supporting the ballot proposition,
9746     ordinance, or other governmental action from a person other than an individual in the group;
9747     and
9748          (E) do not expend a total of more than $5,000 for the purpose described in Subsection
9749     (39)(b)(vi)(A).
9750          (40) (a) "Political issues contribution" means any of the following:
9751          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
9752     anything of value given to a political issues committee;
9753          (ii) an express, legally enforceable contract, promise, or agreement to make a political
9754     issues donation to influence the approval or defeat of any ballot proposition;
9755          (iii) any transfer of funds received by a political issues committee from a reporting
9756     entity;
9757          (iv) compensation paid by another reporting entity for personal services rendered
9758     without charge to a political issues committee; and

9759          (v) goods or services provided to or for the benefit of a political issues committee at
9760     less than fair market value.
9761          (b) "Political issues contribution" does not include:
9762          (i) services provided without compensation by individuals volunteering a portion or all
9763     of their time on behalf of a political issues committee; or
9764          (ii) money lent to a political issues committee by a financial institution in the ordinary
9765     course of business.
9766          (41) (a) "Political issues expenditure" means any of the following when made by a
9767     political issues committee or on behalf of a political issues committee by an agent of the
9768     reporting entity:
9769          (i) any payment from political issues contributions made for the purpose of influencing
9770     the approval or the defeat of:
9771          (A) a ballot proposition; or
9772          (B) an incorporation petition or incorporation election;
9773          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
9774     the express purpose of influencing the approval or the defeat of:
9775          (A) a ballot proposition; or
9776          (B) an incorporation petition or incorporation election;
9777          (iii) an express, legally enforceable contract, promise, or agreement to make any
9778     political issues expenditure;
9779          (iv) compensation paid by a reporting entity for personal services rendered by a person
9780     without charge to a political issues committee; or
9781          (v) goods or services provided to or for the benefit of another reporting entity at less
9782     than fair market value.
9783          (b) "Political issues expenditure" does not include:
9784          (i) services provided without compensation by individuals volunteering a portion or all
9785     of their time on behalf of a political issues committee; or
9786          (ii) money lent to a political issues committee by a financial institution in the ordinary
9787     course of business.
9788          (42) "Political purposes" means an act done with the intent or in a way to influence or
9789     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or

9790     against any:
9791          (a) candidate or a person seeking a municipal or county office at any caucus, political
9792     convention, or election; or
9793          (b) judge standing for retention at any election.
9794          (43) (a) "Poll" means the survey of a person regarding the person's opinion or
9795     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
9796     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
9797     person or by telephone, facsimile, Internet, postal mail, or email.
9798          (b) "Poll" does not include:
9799          (i) a ballot; or
9800          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
9801          (A) the focus group consists of more than three, and less than thirteen, individuals; and
9802          (B) all individuals in the focus group are present during the interview.
9803          (44) "Primary election" means any regular primary election held under the election
9804     laws.
9805          (45) "Publicly identified class of individuals" means a group of 50 or more individuals
9806     sharing a common occupation, interest, or association that contribute to a political action
9807     committee or political issues committee and whose names can be obtained by contacting the
9808     political action committee or political issues committee upon whose financial statement the
9809     individuals are listed.
9810          (46) "Public office" means the office of governor, lieutenant governor, state auditor,
9811     state treasurer, attorney general, state school board member, state senator, state representative,
9812     speaker of the House of Representatives, president of the Senate, and the leader, whip, and
9813     assistant whip of any party caucus in either house of the Legislature.
9814          (47) (a) "Public service assistance" means the following when given or provided to an
9815     officeholder to defray the costs of functioning in a public office or aid the officeholder to
9816     communicate with the officeholder's constituents:
9817          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
9818     money or anything of value to an officeholder; or
9819          (ii) goods or services provided at less than fair market value to or for the benefit of the
9820     officeholder.

9821          (b) "Public service assistance" does not include:
9822          (i) anything provided by the state;
9823          (ii) services provided without compensation by individuals volunteering a portion or all
9824     of their time on behalf of an officeholder;
9825          (iii) money lent to an officeholder by a financial institution in the ordinary course of
9826     business;
9827          (iv) news coverage or any publication by the news media; or
9828          (v) any article, story, or other coverage as part of any regular publication of any
9829     organization unless substantially all the publication is devoted to information about the
9830     officeholder.
9831          (48) "Receipts" means contributions and public service assistance.
9832          (49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11,
9833     Lobbyist Disclosure and Regulation Act.
9834          (50) "Registered political action committee" means any political action committee that
9835     is required by this chapter to file a statement of organization with the [Office of the Lieutenant
9836     Governor] office.
9837          (51) "Registered political issues committee" means any political issues committee that
9838     is required by this chapter to file a statement of organization with the [Office of the Lieutenant
9839     Governor] office.
9840          (52) "Registered political party" means an organization of voters that:
9841          (a) participated in the last regular general election and polled a total vote equal to 2%
9842     or more of the total votes cast for all candidates for the United States House of Representatives
9843     for any of its candidates for any office; or
9844          (b) has complied with the petition and organizing procedures of Chapter 8, Political
9845     Party Formation and Procedures.
9846          (53) (a) "Remuneration" means a payment:
9847          (i) made to a legislator for the period the Legislature is in session; and
9848          (ii) that is approximately equivalent to an amount a legislator would have earned
9849     during the period the Legislature is in session in the legislator's ordinary course of business.
9850          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
9851          (i) the legislator's primary employer in the ordinary course of business; or

9852          (ii) a person or entity in the ordinary course of business:
9853          (A) because of the legislator's ownership interest in the entity; or
9854          (B) for services rendered by the legislator on behalf of the person or entity.
9855          (54) "Reporting entity" means a candidate, a candidate's personal campaign committee,
9856     a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
9857     action committee, a political issues committee, a corporation, or a labor organization, as
9858     defined in Section 20A-11-1501.
9859          (55) "School board office" means the office of state school board.
9860          (56) (a) "Source" means the person or entity that is the legal owner of the tangible or
9861     intangible asset that comprises the contribution.
9862          (b) "Source" means, for political action committees and corporations, the political
9863     action committee and the corporation as entities, not the contributors to the political action
9864     committee or the owners or shareholders of the corporation.
9865          (57) "State office" means the offices of governor, lieutenant governor, attorney general,
9866     state auditor, and state treasurer.
9867          (58) "State office candidate" means a person who:
9868          (a) files a declaration of candidacy for a state office; or
9869          (b) receives contributions, makes expenditures, or gives consent for any other person to
9870     receive contributions or make expenditures to bring about the person's nomination, election, or
9871     appointment to a state office.
9872          (59) "Summary report" means the year end report containing the summary of a
9873     reporting entity's contributions and expenditures.
9874          (60) "Supervisory board" means the individual or group of individuals that allocate
9875     expenditures from a political issues committee.
9876          Section 169. Section 20A-11-101.3 is amended to read:
9877          20A-11-101.3. Detailed listing and report requirements -- Rulemaking authority.
9878          (1) As used in this section:
9879          (a) "Advertising" includes:
9880          (i) website development and maintenance;
9881          (ii) social media;
9882          (iii) television, newspaper, or radio; or

9883          (iv) a convention booth.
9884          (b) "Association expense" means a membership fee for:
9885          (i) a political association; or
9886          (ii) an association related to an activity of a candidate or an officeholder.
9887          (c) "Campaign Expense" includes:
9888          (i) district mapping;
9889          (ii) voter data;
9890          (iii) a phone bank;
9891          (iv) fund-raising expenses;
9892          (v) campaign assistance or consulting;
9893          (vi) campaign technology;
9894          (vii) campaign management;
9895          (viii) campaign interns; or
9896          (ix) food, and related expenses, purchased:
9897          (A) for a campaign event; or
9898          (B) for consumption by a candidate or campaign staff while conducting work relating
9899     to a campaign.
9900          (d) "Donations" includes giving to a charitable organization.
9901          (e) "Loans" includes repaying loans.
9902          (f) "Office expense" includes:
9903          (i) an email server;
9904          (ii) phones;
9905          (iii) phone service;
9906          (iv) computers;
9907          (v) printers;
9908          (vi) furniture;
9909          (vii) tools and hardware; or
9910          (viii) food, and related expenses, purchased for consumption during an officeholder
9911     activity.
9912          (g) "Political support" includes contributions made to other candidates or political
9913     action committees.

9914          (h) "Supplies" includes:
9915          (i) signs;
9916          (ii) sign holders;
9917          (iii) parade supplies;
9918          (iv) t-shirts;
9919          (v) other campaign goods;
9920          (vi) repair or replacement of clothing that is damaged while the candidate or
9921     officeholder is engaged in an activity of a candidate or an officeholder;
9922          (vii) printed materials; or
9923          (viii) postage.
9924          (i) "Travel expenses" includes:
9925          (i) political conference registration;
9926          (ii) airfare;
9927          (iii) hotels;
9928          (iv) food, and related expenses, purchased for consumption during travel;
9929          (v) vehicle mileage reimbursement; or
9930          (vi) incidental expenses while traveling.
9931          (2) As it relates to an expenditure, a detailed listing includes identifying the
9932     expenditure as falling within one of the following categories:
9933          (a) advertising;
9934          (b) association expense;
9935          (c) campaign expense;
9936          (d) constituent services;
9937          (e) donations;
9938          (f) loans;
9939          (g) office;
9940          (h) political support;
9941          (i) return of a contribution;
9942          (j) signature gathering;
9943          (k) supplies;
9944          (l) travel expenses; or

9945          (m) other expenditures that do not fall within a category described in Subsections
9946     (2)(a) through (l), followed by a description of the expenditure.
9947          (3) The [director of elections, within the Lieutenant Governor's Office,] office may
9948     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in
9949     relation to the form, type, and level of detail required in a detailed listing or a financial
9950     disclosure form.
9951          Section 170. Section 20A-11-103 is amended to read:
9952          20A-11-103. Notice of pending interim and summary reports -- Form of
9953     submission -- Public availability -- Notice of reporting and filing requirements.
9954          (1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
9955     summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
9956     the chief election officer shall inform the filing entity by electronic mail unless postal mail is
9957     requested:
9958          (i) that the financial statement is due;
9959          (ii) of the date that the financial statement is due; and
9960          (iii) of the penalty for failing to file the financial statement.
9961          (b) The chief election officer is not required to provide notice:
9962          (i) to a candidate or political party of the financial statement that is due before the
9963     candidate's or political party's political convention;
9964          (ii) of a financial statement due in connection with a public hearing for an initiative
9965     under the requirements of Section 20A-7-204.1; or
9966          (iii) to a corporation or labor organization, as defined in Section 20A-11-1501.
9967          (2) A filing entity shall electronically file a financial statement via electronic mail or
9968     the Internet according to specifications established by the chief election officer.
9969          (3) (a) A financial statement is considered timely filed if the financial statement is
9970     received by the chief election officer's office before midnight, Mountain Time, at the end of the
9971     day on which the financial statement is due.
9972          (b) For a county clerk's office that is not open until midnight at the end of the day on
9973     which a financial statement is due, the county clerk shall permit a candidate to file the financial
9974     statement via email or another electronic means designated by the county clerk.
9975          (c) A chief election officer may extend the time in which a filing entity is required to

9976     file a financial statement if a filing entity notifies the chief election officer of the existence of
9977     an extenuating circumstance that is outside the control of the filing entity.
9978          (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
9979     Access and Management Act, the [lieutenant governor] director shall:
9980          (a) make each campaign finance statement filed by a candidate available for public
9981     inspection and copying no later than one business day after the statement is filed; and
9982          (b) post an electronic copy or the contents of each financial statement in a searchable
9983     format on a website established by the [lieutenant governor] director:
9984          (i) for campaign finance statements submitted to the [lieutenant governor] director
9985     under the requirements of Section 10-3-208 or Section 17-16-6.5, no later than seven business
9986     days after the date of receipt of the campaign finance statement; or
9987          (ii) for a summary report or interim report filed under the requirements of this chapter
9988     or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the
9989     date the summary report or interim report is electronically filed.
9990          (5) If a municipality, under Section 10-3-208, or a county, under Section 17-16-6.5,
9991     elects to provide campaign finance disclosure on its own website, rather than through the
9992     [lieutenant governor] director, the office's website [established by the lieutenant governor] shall
9993     contain a link or other access point to the municipality or county website.
9994          (6) Between January 1 and January 15 of each year, the chief election officer shall
9995     provide notice, by postal mail or email, to each filing entity for which the chief election officer
9996     has a physical or email address, of the reporting and filing requirements described in this
9997     chapter.
9998          Section 171. Section 20A-11-104 is amended to read:
9999          20A-11-104. Personal use expenditure -- Authorized and prohibited uses of
10000     campaign funds -- Enforcement -- Penalties.
10001          (1) (a) As used in this chapter, "personal use expenditure" means an expenditure that:
10002          (i) (A) is not excluded from the definition of personal use expenditure by Subsection
10003     (2); and
10004          (B) primarily furthers a personal interest of a candidate or officeholder or a candidate's
10005     or officeholder's family, which interest is not connected with the performance of an activity as
10006     a candidate or an activity or duty of an officeholder; or

10007          (ii) would likely cause the candidate or officeholder to recognize the expenditure as
10008     taxable income under federal or state law.
10009          (b) "Personal use expenditure" includes:
10010          (i) a mortgage, rent, utility, or vehicle payment;
10011          (ii) a household food item or supply;
10012          (iii) a clothing expense, except:
10013          (A) clothing bearing the candidate's name or campaign slogan or logo that is used in
10014     the candidate's campaign; or
10015          (B) repair or replacement of clothing that is damaged while the candidate or
10016     officeholder is engaged in an activity of a candidate or officeholder;
10017          (iv) an admission to a sporting, artistic, or recreational event or other form of
10018     entertainment;
10019          (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
10020          (vi) a salary payment made to:
10021          (A) a candidate or officeholder; or
10022          (B) a person who has not provided a bona fide service to a candidate or officeholder;
10023          (vii) a vacation;
10024          (viii) a vehicle expense;
10025          (ix) a meal expense;
10026          (x) a travel expense;
10027          (xi) a payment of an administrative, civil, or criminal penalty;
10028          (xii) a satisfaction of a personal debt;
10029          (xiii) a personal service, including the service of an attorney, accountant, physician, or
10030     other professional person;
10031          (xiv) a membership fee for a professional or service organization; and
10032          (xv) a payment in excess of the fair market value of the item or service purchased.
10033          (2) As used in this chapter, "personal use expenditure" does not include an expenditure
10034     made:
10035          (a) for a political purpose;
10036          (b) for candidacy for public office;
10037          (c) to fulfill a duty or activity of an officeholder;

10038          (d) for a donation to a registered political party;
10039          (e) for a contribution to another candidate's campaign account, including sponsorship
10040     of or attendance at an event, the primary purpose of which is to solicit a contribution for
10041     another candidate's campaign account;
10042          (f) to return all or a portion of a contribution to a contributor;
10043          (g) for the following items, if made in connection with the candidacy for public office
10044     or an activity or duty of an officeholder:
10045          (i) (A) a mileage allowance at the rate established by the Division of Finance under
10046     Section 63A-3-107; or
10047          (B) for motor fuel or special fuel, as defined in Section 59-13-102;
10048          (ii) a food expense, including food or beverages:
10049          (A) served at a campaign event;
10050          (B) served at a charitable event;
10051          (C) consumed, or provided to others, by a candidate while the candidate is engaged in
10052     campaigning;
10053          (D) consumed, or provided to others, by an officeholder while the officeholder is acting
10054     in the capacity of an officeholder; or
10055          (E) provided as a gift to an individual who works on a candidate's campaign or who
10056     assists an officeholder in the officeholder's capacity as an officeholder;
10057          (iii) a travel expense of a candidate, if the primary purpose of the travel is related to the
10058     candidate's campaign, including airfare, car rental, other transportation, hotel, or other expenses
10059     incidental to the travel;
10060          (iv) a travel expense of an individual assisting a candidate, if the primary purpose of
10061     the travel by the individual is to assist the candidate with the candidate's campaign, including
10062     an expense described in Subsection (2)(g)(iii);
10063          (v) a travel expense of an officeholder, if the primary purpose of the travel is related to
10064     an activity or duty of the officeholder, including an expense described in Subsection (2)(g)(iii);
10065          (vi) a travel expense of an individual assisting an officeholder, if the primary purpose
10066     of the travel by the individual is to assist the officeholder in an activity or duty of an
10067     officeholder, including an expense described in Subsection (2)(g)(iii);
10068          (vii) a payment for a service provided by an attorney or accountant;

10069          (viii) a tuition payment or registration fee for participation in a meeting or conference;
10070          (ix) a gift;
10071          (x) a payment for the following items in connection with an office space:
10072          (A) rent;
10073          (B) utilities;
10074          (C) a supply; or
10075          (D) furnishing;
10076          (xi) a booth at a meeting or event;
10077          (xii) educational material; or
10078          (xiii) an item purchased for a purpose related to a campaign or to an activity or duty of
10079     an officeholder;
10080          (h) to purchase or mail informational material, a survey, or a greeting card;
10081          (i) for a donation to a charitable organization, as defined by Section 13-22-2, including
10082     admission to or sponsorship of an event, the primary purpose of which is charitable solicitation,
10083     as defined in Section 13-22-2;
10084          (j) to repay a loan a candidate makes from the candidate's personal account to the
10085     candidate's campaign account;
10086          (k) to pay membership dues to a national organization whose primary purpose is to
10087     address general public policy;
10088          (l) for admission to or sponsorship of an event, the primary purpose of which is to
10089     promote the social, educational, or economic well-being of the state or the candidate's or
10090     officeholder's community;
10091          (m) for one or more guests of an officeholder or candidate to attend an event, meeting,
10092     or conference described in this Subsection (2), including related travel expenses and other
10093     expenses, if attendance by the guest is for a primary purpose described in Subsection (2)(g)(iv)
10094     or (vi); or
10095          (n) to pay childcare expenses of:
10096          (i) a candidate while the candidate is engaging in campaign activity; or
10097          (ii) an officeholder while the officeholder is engaging in the duties of an officeholder.
10098          (3) (a) The [lieutenant governor] director shall enforce this chapter prohibiting a
10099     personal use expenditure by:

10100          (i) evaluating a financial statement to identify a personal use expenditure; and
10101          (ii) commencing an informal adjudicative proceeding in accordance with Title 63G,
10102     Chapter 4, Administrative Procedures Act, if the [lieutenant governor] director has probable
10103     cause to believe a candidate or officeholder has made a personal use expenditure.
10104          (b) Following the proceeding, the [lieutenant governor] director may issue a signed
10105     order requiring a candidate or officeholder who has made a personal use expenditure to:
10106          (i) remit an administrative penalty of an amount equal to 50% of the personal use
10107     expenditure to the lieutenant governor; and
10108          (ii) deposit the amount of the personal use expenditure in the campaign account from
10109     which the personal use expenditure was disbursed.
10110          (c) The [lieutenant governor] director shall deposit money received under Subsection
10111     (3)(b)(i) [in] into the General Fund.
10112          Section 172. Section 20A-11-105 is amended to read:
10113          20A-11-105. Deadline for payment of fine.
10114          A person against whom the [lieutenant governor] director imposes a fine under this
10115     chapter shall pay the fine before 5 p.m. within 30 days after the day on which the [lieutenant
10116     governor] director imposes the fine.
10117          Section 173. Section 20A-11-201 is amended to read:
10118          20A-11-201. State office -- Separate bank account for campaign funds -- No
10119     personal use -- State office candidate reporting deadline -- Report other accounts --
10120     Anonymous contributions.
10121          (1) (a) Each state office candidate or the candidate's personal campaign committee
10122     shall deposit each contribution received in one or more separate campaign accounts in a
10123     financial institution.
10124          (b) A state office candidate or a candidate's personal campaign committee may not use
10125     money deposited in a campaign account for:
10126          (i) a personal use expenditure; or
10127          (ii) an expenditure prohibited by law.
10128          (c) Each state officeholder or the state officeholder's personal campaign committee
10129     shall deposit each contribution and public service assistance received in one or more separate
10130     campaign accounts in a financial institution.

10131          (d) A state officeholder or a state officeholder's personal campaign committee may not
10132     use money deposited in a campaign account for:
10133          (i) a personal use expenditure; or
10134          (ii) an expenditure prohibited by law.
10135          (2) (a) A state office candidate or the candidate's personal campaign committee may
10136     not deposit or mingle any contributions received into a personal or business account.
10137          (b) A state officeholder or the state officeholder's personal campaign committee may
10138     not deposit or mingle any contributions or public service assistance received into a personal or
10139     business account.
10140          (3) If a person who is no longer a state office candidate chooses not to expend the
10141     money remaining in a campaign account, the person shall continue to file the year-end
10142     summary report required by Section 20A-11-203 until the statement of dissolution and final
10143     summary report required by Section 20A-11-205 are filed with the [lieutenant governor]
10144     director.
10145          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
10146     is no longer a state office candidate may not expend or transfer the money in a campaign
10147     account in a manner that would cause the former state office candidate to recognize the money
10148     as taxable income under federal tax law.
10149          (b) A person who is no longer a state office candidate may transfer the money in a
10150     campaign account in a manner that would cause the former state office candidate to recognize
10151     the money as taxable income under federal tax law if the transfer is made to a campaign
10152     account for federal office.
10153          (5) (a) As used in this Subsection (5), "received" means the same as that term is
10154     defined in Subsection 20A-11-204(1)(b).
10155          (b) Each state office candidate shall report to the [lieutenant governor] director each
10156     contribution received by the state office candidate:
10157          (i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
10158     the contribution is received; or
10159          (ii) within seven business days after the day on which the contribution is received, if:
10160          (A) the state office candidate is contested in a convention and the contribution is
10161     received within 30 days before the day on which the convention is held;

10162          (B) the state office candidate is contested in a primary election and the contribution is
10163     received within 30 days before the day on which the primary election is held; or
10164          (C) the state office candidate is contested in a general election and the contribution is
10165     received within 30 days before the day on which the general election is held.
10166          (c) Except as provided in Subsection (5)(d), for each contribution that a state office
10167     candidate fails to report within the time period described in Subsection (5)(b), the [lieutenant
10168     governor] director shall impose a fine against the state office candidate in an amount equal to:
10169          (i) 10% of the amount of the contribution, if the state office candidate reports the
10170     contribution within 60 days after the day on which the time period described in Subsection
10171     (5)(b) ends; or
10172          (ii) 20% of the amount of the contribution, if the state office candidate fails to report
10173     the contribution within 60 days after the day on which the time period described in Subsection
10174     (5)(b) ends.
10175          (d) The [lieutenant governor] director may waive the fine described in Subsection
10176     (5)(c) and issue a warning to the state office candidate if:
10177          (i) the contribution that the state office candidate fails to report is paid by the state
10178     office candidate from the state office candidate's personal funds;
10179          (ii) the state office candidate has not previously violated Subsection (5)(c) in relation to
10180     a contribution paid by the state office candidate from the state office candidate's personal
10181     funds; and
10182          (iii) the [lieutenant governor] director determines that the failure to timely report the
10183     contribution is due to the state office candidate not understanding that the reporting
10184     requirement includes a contribution paid by a state office candidate from the state office
10185     candidate's personal funds.
10186          (e) The [lieutenant governor] director shall:
10187          (i) deposit money received under Subsection (5)(c) into the General Fund; and
10188          (ii) report on the [lieutenant governor's] office's website, in the location where reports
10189     relating to each state office candidate are available for public access:
10190          (A) each fine imposed by the [lieutenant governor] director against the state office
10191     candidate;
10192          (B) the amount of the fine;

10193          (C) the amount of the contribution to which the fine relates; and
10194          (D) the date of the contribution.
10195          (6) (a) As used in this Subsection (6), "account" means an account in a financial
10196     institution:
10197          (i) that is not described in Subsection (1)(a); and
10198          (ii) into which or from which a person who, as a candidate for an office, other than the
10199     state office for which the person files a declaration of candidacy or federal office, or as a holder
10200     of an office, other than a state office for which the person files a declaration of candidacy or
10201     federal office, deposits a contribution or makes an expenditure.
10202          (b) A state office candidate shall include on any financial statement filed in accordance
10203     with this part:
10204          (i) a contribution deposited in an account:
10205          (A) since the last campaign finance statement was filed; or
10206          (B) that has not been reported under a statute or ordinance that governs the account; or
10207          (ii) an expenditure made from an account:
10208          (A) since the last campaign finance statement was filed; or
10209          (B) that has not been reported under a statute or ordinance that governs the account.
10210          (7) Within 31 days after receiving a contribution that is cash or a negotiable
10211     instrument, exceeds $50, and is from an unknown source, a state office candidate shall disburse
10212     the amount of the contribution to an organization that is exempt from federal income taxation
10213     under Section 501(c)(3), Internal Revenue Code.
10214          Section 174. Section 20A-11-202 is amended to read:
10215          20A-11-202. State office candidate -- Personal campaign committee required --
10216     Candidate as a political action committee officer.
10217          (1) (a) (i) Each state office candidate shall select no more than one personal campaign
10218     committee, consisting of one or more persons, to receive contributions, make expenditures, and
10219     file reports connected with the candidate's campaign.
10220          (ii) A state office candidate may serve as the candidate's own campaign committee.
10221          (iii) A state office candidate may be designated by a political action committee as an
10222     officer who has primary decision-making authority as described in Section 20A-11-601.
10223          (b) Except for expenses made by a registered political party to benefit a party's

10224     candidates generally, a state office candidate or other person acting in concert with or with the
10225     knowledge of the state office candidate may not receive any contributions or make any
10226     expenditures on behalf of a state office candidate other than through:
10227          (i) a personal campaign committee established under this section; and
10228          (ii) a political action committee established under Part 6, Political Action Committee
10229     Registration and Financial Reporting Requirements.
10230          (2) (a) The state office candidate shall file a written statement signed by the candidate
10231     or authorized member of the candidate's personal campaign committee with the [lieutenant
10232     governor] director that:
10233          (i) informs the [lieutenant governor] director that the state office candidate's personal
10234     campaign committee has been selected; and
10235          (ii) provides the name and address of each member and the secretary of the committee.
10236          (b) A state office candidate or the candidate's personal campaign committee may not
10237     make any expenditures on behalf of the candidate until the statement has been filed.
10238          (c) A state office candidate may revoke the selection of any member of the campaign
10239     committee by:
10240          (i) revoking that individual's appointment or election in writing;
10241          (ii) personally serving the written revocation on the member whose selection is
10242     revoked; and
10243          (iii) filing a copy of the written revocation with the [lieutenant governor] director.
10244          (d) (i) The state office candidate may select a replacement to fill any vacancy on the
10245     campaign committee.
10246          (ii) The state office candidate shall file that replacement's name and address with the
10247     [lieutenant governor] director.
10248          (3) A member of a state office candidate's personal campaign committee may not make
10249     an expenditure of more than $1,000 unless the state office candidate or the secretary of the
10250     personal campaign committee authorizes the expenditure in writing.
10251          (4) A state office candidate or the candidate's personal campaign committee may not
10252     make any expenditures prohibited by law.
10253          Section 175. Section 20A-11-204 is amended to read:
10254          20A-11-204. State office candidate and state officeholder -- Financial reporting

10255     requirements -- Interim reports.
10256          (1) As used in this section:
10257          (a) "Campaign account" means a separate campaign account required under Subsection
10258     20A-11-201(1)(a) or (c).
10259          (b) "Received" means:
10260          (i) for a cash contribution, that the cash is given to a state office candidate or a member
10261     of the state office candidate's personal campaign committee;
10262          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
10263     instrument or check is negotiated;
10264          (iii) for a direct deposit made into a campaign account by a person not associated with
10265     the campaign, the earlier of:
10266          (A) the day on which the state office candidate or a member of the state office
10267     candidate's personal campaign committee becomes aware of the deposit and the source of the
10268     deposit;
10269          (B) the day on which the state office candidate or a member of the state office
10270     candidate's personal campaign committee receives notice of the deposit and the source of the
10271     deposit by mail, email, text, or similar means; or
10272          (C) 31 days after the day on which the direct deposit occurs; or
10273          (iv) for any other type of contribution, that any portion of the contribution's benefit
10274     inures to the state office candidate.
10275          (2) Except as provided in Subsection (3), each state office candidate shall file an
10276     interim report at the following times in any year in which the candidate has filed a declaration
10277     of candidacy for a public office:
10278          (a) (i) seven days before the candidate's political convention; or
10279          (ii) for an unaffiliated candidate, the fourth Saturday in March;
10280          (b) seven days before the regular primary election date;
10281          (c) September 30; and
10282          (d) seven days before the regular general election date.
10283          (3) If a state office candidate is a state office candidate seeking appointment for a
10284     midterm vacancy, the state office candidate:
10285          (a) shall file an interim report:

10286          (i) (A) no later than seven days before the day on which the political party of the party
10287     for which the state office candidate seeks nomination meets to declare a nominee for the
10288     governor to appoint in accordance with Section 20A-1-504; and
10289          (B) two days before the day on which the political party of the party for which the state
10290     office candidate seeks nomination meets to declare a nominee for the governor to appoint in
10291     accordance with Subsection 20A-1-504(1)(b)(i); or
10292          (ii) if a state office candidate decides to seek the appointment with less than seven days
10293     before the party meets, or the political party schedules the meeting to declare a nominee less
10294     than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
10295     before the day on which the party meets; and
10296          (b) is not required to file an interim report at the times described in Subsection (1).
10297          (4) Each interim report shall include the following information:
10298          (a) the net balance of the last summary report, if any;
10299          (b) a single figure equal to the total amount of receipts reported on all prior interim
10300     reports, if any, during the calendar year in which the interim report is due;
10301          (c) a single figure equal to the total amount of expenditures reported on all prior
10302     interim reports, if any, filed during the calendar year in which the interim report is due;
10303          (d) a detailed listing of:
10304          (i) for a state office candidate, each contribution received since the last summary report
10305     that has not been reported in detail on a prior interim report; or
10306          (ii) for a state officeholder, each contribution and public service assistance received
10307     since the last summary report that has not been reported in detail on a prior interim report;
10308          (e) for each nonmonetary contribution:
10309          (i) the fair market value of the contribution with that information provided by the
10310     contributor; and
10311          (ii) a specific description of the contribution;
10312          (f) a detailed listing of each expenditure made since the last summary report that has
10313     not been reported in detail on a prior interim report;
10314          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
10315          (h) a net balance for the year consisting of the net balance from the last summary
10316     report, if any, plus all receipts since the last summary report minus all expenditures since the

10317     last summary report;
10318          (i) a summary page in the form required by the [lieutenant governor] director that
10319     identifies:
10320          (i) beginning balance;
10321          (ii) total contributions and public service assistance received during the period since
10322     the last statement;
10323          (iii) total contributions and public service assistance received to date;
10324          (iv) total expenditures during the period since the last statement; and
10325          (v) total expenditures to date; and
10326          (j) the name of a political action committee for which the state office candidate or state
10327     officeholder is designated as an officer who has primary decision-making authority under
10328     Section 20A-11-601.
10329          (5) (a) In preparing each interim report, all receipts and expenditures shall be reported
10330     as of five days before the required filing date of the report.
10331          (b) Any negotiable instrument or check received by a state office candidate or state
10332     officeholder more than five days before the required filing date of a report required by this
10333     section shall be included in the interim report.
10334          Section 176. Section 20A-11-205 is amended to read:
10335          20A-11-205. State office candidate -- Financial reporting requirements --
10336     Termination of duty to report.
10337          (1) Each state office candidate and the candidate's personal campaign committee is
10338     active and subject to interim reporting requirements until:
10339          (a) the candidate withdraws or is eliminated in a convention or primary; or
10340          (b) if seeking appointment as a midterm vacancy state office candidate:
10341          (i) the political party liaison fails to forward the person's name to the governor; or
10342          (ii) the governor fails to appoint the person to fill the vacancy.
10343          (2) Each state office candidate and the candidate's personal campaign committee is
10344     active and subject to year-end summary reporting requirements until the candidate has filed a
10345     statement of dissolution with the [lieutenant governor] director stating that:
10346          (a) the state office candidate or the personal campaign committee is no longer receiving
10347     contributions and is no longer making expenditures;

10348          (b) the ending balance on the last summary report filed is zero and the balance in the
10349     separate bank account required in Section 20A-11-201 is zero; and
10350          (c) a final summary report in the form required by Section 20A-11-203 showing a zero
10351     balance is attached to the statement of dissolution.
10352          (3) A statement of dissolution and a final summary report may be filed at any time.
10353          (4) Each state office candidate and the candidate's personal campaign committee shall
10354     continue to file the year-end summary report required by Section 20A-11-203 until the
10355     statement of dissolution and final summary report required by this section are filed with the
10356     [lieutenant governor] director.
10357          Section 177. Section 20A-11-206 is amended to read:
10358          20A-11-206. State office candidate -- Failure to file reports -- Penalties.
10359          (1) A state office candidate who fails to file a financial statement before the deadline is
10360     subject to a fine imposed in accordance with Section 20A-11-1005.
10361          (2) If a state office candidate fails to file an interim report described in Subsections
10362     20A-11-204(2)(b) through (d), the [lieutenant governor] director may send an electronic notice
10363     to the state office candidate and the political party of which the state office candidate is a
10364     member, if any, that states:
10365          (a) that the state office candidate failed to timely file the report; and
10366          (b) that, if the state office candidate fails to file the report within 24 hours after the
10367     deadline for filing the report, the state office candidate will be disqualified and the political
10368     party will not be permitted to replace the candidate.
10369          (3) (a) The [lieutenant governor] director shall disqualify a state office candidate and
10370     inform the county clerk and other appropriate election officials that the state office candidate is
10371     disqualified if the state office candidate fails to file an interim report described in Subsections
10372     20A-11-204(2)(b) through (d) within 24 hours after the deadline for filing the report.
10373          (b) The political party of a state office candidate who is disqualified under Subsection
10374     (3)(a) may not replace the state office candidate.
10375          (4) If a state office candidate is disqualified under Subsection (3)(a), the election
10376     officer shall:
10377          (a) notify every opposing candidate for the state office that the state office candidate is
10378     disqualified;

10379          (b) send an email notification to each voter who is eligible to vote in the state office
10380     race for whom the [lieutenant governor] office has an email address informing the voter that
10381     the state office candidate is disqualified and that votes cast for the state office candidate will
10382     not be counted;
10383          (c) post notice of the disqualification on the [lieutenant governor's] office's website;
10384     and
10385          (d) if practicable, remove the state office candidate's name from the ballot.
10386          (5) An election officer may fulfill the requirement described in Subsection (4) in
10387     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
10388     written notice directing the voter to the [lieutenant governor's] office's website to inform the
10389     voter whether a candidate on the ballot is disqualified.
10390          (6) A state office candidate is not disqualified if:
10391          (a) the state office candidate timely files the reports described in Subsections
10392     20A-11-204(2)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
10393     reports;
10394          (b) the reports are completed, detailing accurately and completely the information
10395     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
10396     and
10397          (c) the omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in
10398     an amended report or the next scheduled report.
10399          (7) (a) Within 60 days after a deadline for the filing of a summary report, the
10400     [lieutenant governor] director shall review each filed summary report to ensure that:
10401          (i) each state office candidate that is required to file a summary report has filed one;
10402     and
10403          (ii) each summary report contains the information required by this part.
10404          (b) If it appears that any state office candidate has failed to file the summary report
10405     required by law, if it appears that a filed summary report does not conform to the law, or if the
10406     [lieutenant governor] director has received a written complaint alleging a violation of the law
10407     or the falsity of any summary report, the [lieutenant governor] director shall, within five days
10408     of discovery of a violation or receipt of a written complaint, notify the state office candidate of
10409     the violation or written complaint and direct the state office candidate to file a summary report

10410     correcting the problem.
10411          (c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
10412     report within seven days after receiving notice from the [lieutenant governor] director
10413     described in this Subsection (7).
10414          (ii) Each state office candidate who violates Subsection (7)(c)(i) is guilty of a class B
10415     misdemeanor.
10416          (iii) The [lieutenant governor] director shall report all violations of Subsection (7)(c)(i)
10417     to the attorney general.
10418          (iv) In addition to the criminal penalty described in Subsection (7)(c)(ii), the
10419     [lieutenant governor] director shall impose a civil fine of $100 against a state office candidate
10420     who violates Subsection (7)(c)(i).
10421          Section 178. Section 20A-11-301 is amended to read:
10422          20A-11-301. Legislative office -- Campaign finance requirements -- Candidate as
10423     a political action committee officer -- No personal use -- Contribution reporting deadline
10424     -- Report other accounts -- Anonymous contributions.
10425          (1) (a) (i) Each legislative office candidate shall deposit each contribution received in
10426     one or more separate accounts in a financial institution that are dedicated only to that purpose.
10427          (ii) A legislative office candidate may:
10428          (A) receive a contribution from a political action committee registered under Section
10429     20A-11-601; and
10430          (B) be designated by a political action committee as an officer who has primary
10431     decision-making authority as described in Section 20A-11-601.
10432          (b) A legislative office candidate or the candidate's personal campaign committee may
10433     not use money deposited in an account described in Subsection (1)(a)(i) for:
10434          (i) a personal use expenditure; or
10435          (ii) an expenditure prohibited by law.
10436          (c) (i) Each legislative officeholder shall deposit each contribution and public service
10437     assistance received in one or more separate accounts in a financial institution that are dedicated
10438     only to that purpose.
10439          (ii) A legislative officeholder may:
10440          (A) receive a contribution or public service assistance from a political action

10441     committee registered under Section 20A-11-601; and
10442          (B) be designated by a political action committee as an officer who has primary
10443     decision-making authority as described in Section 20A-11-601.
10444          (d) A legislative officeholder or the legislative officeholder's personal campaign
10445     committee may not use money deposited in an account described in Subsection (1)(c)(i) for:
10446          (i) a personal use expenditure; or
10447          (ii) an expenditure prohibited by law.
10448          (2) (a) A legislative office candidate may not deposit or mingle any contributions
10449     received into a personal or business account.
10450          (b) A legislative officeholder may not deposit or mingle any contributions or public
10451     service assistance received into a personal or business account.
10452          (3) If a person who is no longer a legislative candidate chooses not to expend the
10453     money remaining in a campaign account, the person shall continue to file the year-end
10454     summary report required by Section 20A-11-302 until the statement of dissolution and final
10455     summary report required by Section 20A-11-304 are filed with the [lieutenant governor]
10456     director.
10457          (4) (a) Except as provided in Subsection (4)(b) and Section 20A-11-402, a person who
10458     is no longer a legislative office candidate may not expend or transfer the money in a campaign
10459     account in a manner that would cause the former legislative office candidate to recognize the
10460     money as taxable income under federal tax law.
10461          (b) A person who is no longer a legislative office candidate may transfer the money in
10462     a campaign account in a manner that would cause the former legislative office candidate to
10463     recognize the money as taxable income under federal tax law if the transfer is made to a
10464     campaign account for federal office.
10465          (5) (a) As used in this Subsection (5), "received" means the same as that term is
10466     defined in Subsection 20A-11-303(1)(b).
10467          (b) Each legislative office candidate shall report to the [lieutenant governor] director
10468     each contribution received by the legislative office candidate:
10469          (i) except as provided in Subsection (5)(b)(ii), within 31 days after the day on which
10470     the contribution is received; or
10471          (ii) within seven business days after the day on which the contribution is received, if:

10472          (A) the legislative office candidate is contested in a convention and the contribution is
10473     received within 30 days before the day on which the convention is held;
10474          (B) the legislative office candidate is contested in a primary election and the
10475     contribution is received within 30 days before the day on which the primary election is held; or
10476          (C) the legislative office candidate is contested in a general election and the
10477     contribution is received within 30 days before the day on which the general election is held.
10478          (c) Except as provided in Subsection (5)(d), for each contribution that a legislative
10479     office candidate fails to report within the time period described in Subsection (5)(b), the
10480     [lieutenant governor] director shall impose a fine against the legislative office candidate in an
10481     amount equal to:
10482          (i) 10% of the amount of the contribution, if the legislative office candidate reports the
10483     contribution within 60 days after the day on which the time period described in Subsection
10484     (5)(b) ends; or
10485          (ii) 20% of the amount of the contribution, if the legislative office candidate fails to
10486     report the contribution within 60 days after the day on which the time period described in
10487     Subsection (5)(b) ends.
10488          (d) The [lieutenant governor] director may waive the fine described in Subsection
10489     (5)(c) and issue a warning to the legislative office candidate if:
10490          (i) the contribution that the legislative office candidate fails to report is paid by the
10491     legislative office candidate from the legislative office candidate's personal funds;
10492          (ii) the legislative office candidate has not previously violated Subsection (5)(c) in
10493     relation to a contribution paid by the legislative office candidate from the legislative office
10494     candidate's personal funds; and
10495          (iii) the [lieutenant governor] director determines that the failure to timely report the
10496     contribution is due to the legislative office candidate not understanding that the reporting
10497     requirement includes a contribution paid by a legislative office candidate from the legislative
10498     office candidate's personal funds.
10499          (e) The [lieutenant governor] director shall:
10500          (i) deposit money received under Subsection (5)(c) into the General Fund; and
10501          (ii) report on the [lieutenant governor's] office's website, in the location where reports
10502     relating to each legislative office candidate are available for public access:

10503          (A) each fine imposed by the [lieutenant governor] director against the legislative
10504     office candidate;
10505          (B) the amount of the fine;
10506          (C) the amount of the contribution to which the fine relates; and
10507          (D) the date of the contribution.
10508          (6) Within 31 days after receiving a contribution that is cash or a negotiable
10509     instrument, exceeds $50, and is from an unknown source, a legislative office candidate shall
10510     disburse the amount of the contribution to an organization that is exempt from federal income
10511     taxation under Section 501(c)(3), Internal Revenue Code.
10512          (7) (a) As used in this Subsection (7), "account" means an account in a financial
10513     institution:
10514          (i) that is not described in Subsection (1)(a)(i); and
10515          (ii) into which or from which a person who, as a candidate for an office, other than a
10516     legislative office for which the person files a declaration of candidacy or federal office, or as a
10517     holder of an office, other than a legislative office for which the person files a declaration of
10518     candidacy or federal office, deposits a contribution or makes an expenditure.
10519          (b) A legislative office candidate shall include on any financial statement filed in
10520     accordance with this part:
10521          (i) a contribution deposited in an account:
10522          (A) since the last campaign finance statement was filed; or
10523          (B) that has not been reported under a statute or ordinance that governs the account; or
10524          (ii) an expenditure made from an account:
10525          (A) since the last campaign finance statement was filed; or
10526          (B) that has not been reported under a statute or ordinance that governs the account.
10527          Section 179. Section 20A-11-303 is amended to read:
10528          20A-11-303. Legislative office candidate and legislative officeholder -- Financial
10529     reporting requirements -- Interim reports.
10530          (1) As used in this section:
10531          (a) "Campaign account" means a separate campaign account required under Subsection
10532     20A-11-301(1)(a)(i) or (c)(i).
10533          (b) "Received" means:

10534          (i) for a cash contribution, that the cash is given to a legislative office candidate or a
10535     member of the legislative office candidate's personal campaign committee;
10536          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
10537     instrument or check is negotiated;
10538          (iii) for a direct deposit made into a campaign account by a person not associated with
10539     the campaign, the earlier of:
10540          (A) the day on which the legislative office candidate or a member of the legislative
10541     office candidate's personal campaign committee becomes aware of the deposit and the source
10542     of the deposit;
10543          (B) the day on which the legislative office candidate or a member of the legislative
10544     office candidate's personal campaign committee receives notice of the deposit and the source of
10545     the deposit by mail, email, text, or similar means; or
10546          (C) 31 days after the day on which the direct deposit occurs; or
10547          (iv) for any other type of contribution, that any portion of the contribution's benefit
10548     inures to the legislative office candidate.
10549          (2) Except as provided in Subsection (3), each legislative office candidate shall file an
10550     interim report at the following times in any year in which the candidate has filed a declaration
10551     of candidacy for a public office:
10552          (a) (i) seven days before the candidate's political convention; or
10553          (ii) for an unaffiliated candidate, the fourth Saturday in March;
10554          (b) seven days before the regular primary election date;
10555          (c) September 30; and
10556          (d) seven days before the regular general election date.
10557          (3) If a legislative office candidate is a legislative office candidate seeking appointment
10558     for a midterm vacancy, the legislative office candidate:
10559          (a) shall file an interim report:
10560          (i) (A) seven days before the day on which the political party of the party for which the
10561     legislative office candidate seeks nomination meets to declare a nominee for the governor to
10562     appoint in accordance with Section 20A-1-503; and
10563          (B) two days before the day on which the political party of the party for which the
10564     legislative office candidate seeks nomination meets to declare a nominee for the governor to

10565     appoint in accordance with Section 20A-1-503; or
10566          (ii) if the legislative office candidate decides to seek the appointment with less than
10567     seven days before the party meets, or the political party schedules the meeting to declare a
10568     nominee less than seven days before the day of the meeting, two days before the day on which
10569     the party meets; and
10570          (b) is not required to file an interim report at the times described in Subsection (2)(a).
10571          (4) Each interim report shall include the following information:
10572          (a) the net balance of the last summary report, if any;
10573          (b) a single figure equal to the total amount of receipts reported on all prior interim
10574     reports, if any, during the calendar year in which the interim report is due;
10575          (c) a single figure equal to the total amount of expenditures reported on all prior
10576     interim reports, if any, filed during the calendar year in which the interim report is due;
10577          (d) a detailed listing of:
10578          (i) for a legislative office candidate, each contribution received since the last summary
10579     report that has not been reported in detail on a prior interim report; or
10580          (ii) for a legislative officeholder, each contribution and public service assistance
10581     received since the last summary report that has not been reported in detail on a prior interim
10582     report;
10583          (e) for each nonmonetary contribution:
10584          (i) the fair market value of the contribution with that information provided by the
10585     contributor; and
10586          (ii) a specific description of the contribution;
10587          (f) a detailed listing of each expenditure made since the last summary report that has
10588     not been reported in detail on a prior interim report;
10589          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
10590          (h) a net balance for the year consisting of the net balance from the last summary
10591     report, if any, plus all receipts since the last summary report minus all expenditures since the
10592     last summary report;
10593          (i) a summary page in the form required by the [lieutenant governor] director that
10594     identifies:
10595          (i) beginning balance;

10596          (ii) total contributions and public service assistance received during the period since
10597     the last statement;
10598          (iii) total contributions and public service assistance received to date;
10599          (iv) total expenditures during the period since the last statement; and
10600          (v) total expenditures to date; and
10601          (j) the name of a political action committee for which the legislative office candidate or
10602     legislative officeholder is designated as an officer who has primary decision-making authority
10603     under Section 20A-11-601.
10604          (5) (a) In preparing each interim report, all receipts and expenditures shall be reported
10605     as of five days before the required filing date of the report.
10606          (b) Any negotiable instrument or check received by a legislative office candidate or
10607     legislative officeholder more than five days before the required filing date of a report required
10608     by this section shall be included in the interim report.
10609          Section 180. Section 20A-11-304 is amended to read:
10610          20A-11-304. Legislative office candidate -- Financial reporting requirements --
10611     Termination of duty to report.
10612          (1) Each legislative office candidate is subject to interim reporting requirements until:
10613          (a) the candidate withdraws or is eliminated in a convention or primary; or
10614          (b) if seeking appointment as a midterm vacancy legislative office candidate:
10615          (i) the political party liaison fails to forward the person's name to the governor; or
10616          (ii) the governor fails to appoint the person to fill the vacancy.
10617          (2) Each legislative office candidate is subject to year-end summary reporting
10618     requirements until the candidate has filed a statement of dissolution with the [lieutenant
10619     governor] director stating that:
10620          (a) the legislative office candidate is no longer receiving contributions and is no longer
10621     making expenditures;
10622          (b) the ending balance on the last summary report filed is zero and the balance in the
10623     separate bank account required in Section 20A-11-301 is zero; and
10624          (c) a final summary report in the form required by Section 20A-11-302 showing a zero
10625     balance is attached to the statement of dissolution.
10626          (3) A statement of dissolution and a final summary report may be filed at any time.

10627          (4) Each legislative office candidate shall continue to file the year-end summary report
10628     required by Section 20A-11-302 until the statement of dissolution and final summary report
10629     required by this section are filed with the [lieutenant governor] director.
10630          Section 181. Section 20A-11-305 is amended to read:
10631          20A-11-305. Legislative office candidate -- Failure to file report -- Penalties.
10632          (1) A legislative office candidate who fails to file a financial statement before the
10633     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
10634          (2) If a legislative office candidate fails to file an interim report described in
10635     Subsections 20A-11-303(2)(b) through (d), the [lieutenant governor] director may send an
10636     electronic notice to the legislative office candidate and the political party of which the
10637     legislative office candidate is a member, if any, that states:
10638          (a) that the legislative office candidate failed to timely file the report; and
10639          (b) that, if the legislative office candidate fails to file the report within 24 hours after
10640     the deadline for filing the report, the legislative office candidate will be disqualified and the
10641     political party will not be permitted to replace the candidate.
10642          (3) (a) The [lieutenant governor] director shall disqualify a legislative office candidate
10643     and inform the county clerk and other appropriate election officials that the legislative office
10644     candidate is disqualified if the legislative office candidate fails to file an interim report
10645     described in Subsections 20A-11-303(2)(b) through (d) within 24 hours after the deadline for
10646     filing the report.
10647          (b) The political party of a legislative office candidate who is disqualified under
10648     Subsection (3)(a) may not replace the legislative office candidate.
10649          (4) If a legislative office candidate is disqualified under Subsection (3)(a), the election
10650     officer shall:
10651          (a) notify every opposing candidate for the legislative office that the legislative office
10652     candidate is disqualified;
10653          (b) send an email notification to each voter who is eligible to vote in the legislative
10654     office race for whom the election officer has an email address informing the voter that the
10655     legislative office candidate is disqualified and that votes cast for the legislative office candidate
10656     will not be counted;
10657          (c) post notice of the disqualification on the election officer's website; and

10658          (d) if practicable, remove the legislative office candidate's name from the ballot.
10659          (5) An election officer may fulfill the requirement described in Subsection (4) in
10660     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
10661     written notice directing the voter to the election officer's website to inform the voter whether a
10662     candidate on the ballot is disqualified.
10663          (6) A legislative office candidate is not disqualified if:
10664          (a) the legislative office candidate files the reports described in Subsections
10665     20A-11-303(2)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
10666     reports;
10667          (b) the reports are completed, detailing accurately and completely the information
10668     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
10669     and
10670          (c) the omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in
10671     an amended report or the next scheduled report.
10672          (7) (a) Within 60 days after a deadline for the filing of a summary report, the
10673     [lieutenant governor] director shall review each filed summary report to ensure that:
10674          (i) each legislative office candidate that is required to file a summary report has filed
10675     one; and
10676          (ii) each summary report contains the information required by this part.
10677          (b) If it appears that any legislative office candidate has failed to file the summary
10678     report required by law, if it appears that a filed summary report does not conform to the law, or
10679     if the [lieutenant governor] director has received a written complaint alleging a violation of the
10680     law or the falsity of any summary report, the [lieutenant governor] director shall, within five
10681     days of discovery of a violation or receipt of a written complaint, notify the legislative office
10682     candidate of the violation or written complaint and direct the legislative office candidate to file
10683     a summary report correcting the problem.
10684          (c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
10685     report within seven days after receiving notice from the [lieutenant governor] director
10686     described in this Subsection (7).
10687          (ii) Each legislative office candidate who violates Subsection (7)(c)(i) is guilty of a
10688     class B misdemeanor.

10689          (iii) The [lieutenant governor] director shall report all violations of Subsection
10690     (7)(c)(i) to the attorney general.
10691          (iv) In addition to the criminal penalty described in Subsection (7)(c)(ii), the
10692     [lieutenant governor] director shall impose a civil fine of $100 against a legislative office
10693     candidate who violates Subsection (7)(c)(i).
10694          Section 182. Section 20A-11-402 is amended to read:
10695          20A-11-402. Officeholder financial reporting requirements -- Statement of
10696     dissolution.
10697          (1) An officeholder or former officeholder is active and subject to reporting
10698     requirements until the officeholder or former officeholder has filed a statement of dissolution
10699     with the [lieutenant governor] director stating that:
10700          (a) the officeholder or former officeholder is no longer receiving contributions or
10701     public service assistance and is no longer making expenditures;
10702          (b) the ending balance on the last summary report filed is zero and the balance in the
10703     separate bank account required by Section 20A-11-201, 20A-11-301, or 20A-11-1301 is zero;
10704     and
10705          (c) a final summary report in the form required by Section 20A-11-401 showing a zero
10706     balance is attached to the statement of dissolution.
10707          (2) A statement of dissolution and a final summary report may be filed at any time.
10708          (3) (a) Each officeholder shall report to the [lieutenant governor] director each
10709     contribution or public service assistance received by the state officeholder within 31 days after
10710     the day on which the officeholder receives the contribution or public service assistance.
10711          (b) For each contribution or public service assistance that an officeholder fails to report
10712     within the time period described in Subsection (3)(a), the [lieutenant governor] director shall
10713     impose a fine against the officeholder in an amount equal to:
10714          (i) 10% of the amount of the contribution or public service assistance if the
10715     officeholder reports the contribution or public service assistance within 60 days after the day on
10716     which the time period described in Subsection (3)(a) ends; or
10717          (ii) 20% of the amount of the contribution or public service assistance if the
10718     officeholder fails to report the contribution or public service assistance within 60 days after the
10719     day on which the time period described in Subsection (3)(a) ends.

10720          (c) Each officeholder or former officeholder shall continue to file the year-end
10721     summary report required by Section 20A-11-401 until the statement of dissolution and final
10722     summary report required by this section are filed with the [lieutenant governor] director.
10723          (4) An officeholder or former officeholder may not use a contribution or public service
10724     assistance deposited in an account in accordance with this chapter for:
10725          (a) a personal use expenditure; or
10726          (b) an expenditure prohibited by law.
10727          (5) (a) Except as provided in Subsection (5)(b), a former officeholder may not expend
10728     or transfer the money in a campaign account in a manner that would cause the former
10729     officeholder to recognize the money as taxable income under federal tax law.
10730          (b) A former officeholder may transfer the money in a campaign account in a manner
10731     that would cause the former officeholder to recognize the money as taxable income under
10732     federal tax law if the transfer is made to a campaign account for federal office.
10733          Section 183. Section 20A-11-403 is amended to read:
10734          20A-11-403. Failure to file -- Penalties.
10735          (1) Within 60 days after a deadline for the filing of a summary report, the [lieutenant
10736     governor] director shall review each filed summary report to ensure that:
10737          (a) each officeholder that is required to file a summary report has filed one; and
10738          (b) each summary report contains the information required by this part.
10739          (2) If it appears that any officeholder has failed to file the summary report required by
10740     law, if it appears that a filed summary report does not conform to the law, or if the [lieutenant
10741     governor] director has received a written complaint alleging a violation of the law or the falsity
10742     of any summary report, the [lieutenant governor] director shall, if the [lieutenant governor]
10743     director determines that a violation has occurred:
10744          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
10745          (b) within five days of discovery of a violation or receipt of a written complaint, notify
10746     the officeholder of the violation or written complaint and direct the officeholder to file a
10747     summary report correcting the problem.
10748          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
10749     within seven days after receiving notice from the [lieutenant governor] director under this
10750     section.

10751          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
10752     misdemeanor.
10753          (c) The [lieutenant governor] director shall report all violations of Subsection (3)(a) to
10754     the attorney general.
10755          (d) In addition to the criminal penalty described in Subsection (3)(b), the [lieutenant
10756     governor] director shall impose a civil fine of $100 against an officeholder who violates
10757     Subsection (3)(a).
10758          Section 184. Section 20A-11-507 is amended to read:
10759          20A-11-507. Political party financial reporting requirements -- Interim reports.
10760          (1) The party committee of each registered political party shall file an interim report at
10761     the following times in any year in which there is a regular general election:
10762          (a) seven days before the registered political party's political convention;
10763          (b) seven days before the regular primary election date;
10764          (c) September 30; and
10765          (d) seven days before the general election date.
10766          (2) Each interim report shall include the following information:
10767          (a) the net balance of the last financial statement, if any;
10768          (b) a single figure equal to the total amount of receipts reported on all prior interim
10769     reports, if any, during the calendar year in which the interim report is due;
10770          (c) a single figure equal to the total amount of expenditures reported on all prior
10771     interim reports, if any, filed during the calendar year in which the interim report is due;
10772          (d) a detailed listing of each contribution received since the last summary report that
10773     has not been reported in detail on a prior interim report;
10774          (e) for each nonmonetary contribution, the fair market value of the contribution;
10775          (f) a detailed listing of each expenditure made since the last summary report that has
10776     not been reported in detail on a prior interim report;
10777          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
10778          (h) a net balance for the year consisting of the net balance from the last summary
10779     report, if any, plus all receipts since the last summary report minus all expenditures since the
10780     last summary report; and
10781          (i) a summary page in the form required by the [lieutenant governor] director that

10782     identifies:
10783          (i) beginning balance;
10784          (ii) total contributions during the period since the last statement;
10785          (iii) total contributions to date;
10786          (iv) total expenditures during the period since the last statement; and
10787          (v) total expenditures to date.
10788          (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
10789     reported without separate detailed listings.
10790          (b) Two or more contributions from the same source that have an aggregate total of
10791     more than $50 may not be reported in the aggregate, but shall be reported separately.
10792          (4) In preparing each interim report, all receipts and expenditures shall be reported as
10793     of five days before the required filing date of the report.
10794          Section 185. Section 20A-11-508 is amended to read:
10795          20A-11-508. Political party reporting requirements -- Criminal penalties -- Fines.
10796          (1) (a) Each registered political party that fails to file a financial statement by the
10797     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
10798          (b) Each registered political party that fails to file an interim report described in
10799     Subsections 20A-11-507(1)(b) through (d) is guilty of a class B misdemeanor.
10800          (c) The [lieutenant governor] director shall report all violations of Subsection (1)(b) to
10801     the attorney general.
10802          (2) Within 60 days after a deadline for the filing of a summary report required by this
10803     part, the [lieutenant governor] director shall review each filed report to ensure that:
10804          (a) each political party that is required to file a report has filed one; and
10805          (b) each report contains the information required by this part.
10806          (3) If it appears that any political party has failed to file a report required by law, if it
10807     appears that a filed report does not conform to the law, or if the [lieutenant governor] director
10808     has received a written complaint alleging a violation of the law or the falsity of any report, the
10809     [lieutenant governor] director shall, within five days of discovery of a violation or receipt of a
10810     written complaint, notify the political party of the violation or written complaint and direct the
10811     political party to file a summary report correcting the problem.
10812          (4) (a) It is unlawful for any political party to fail to file or amend a summary report

10813     within seven days after receiving notice from the [lieutenant governor] director under this
10814     section.
10815          (b) Each political party who violates Subsection (4)(a) is guilty of a class B
10816     misdemeanor.
10817          (c) The [lieutenant governor] director shall report all violations of Subsection (4)(a) to
10818     the attorney general.
10819          (d) In addition to the criminal penalty described in Subsection (4)(b), the [lieutenant
10820     governor] director shall impose a civil fine of $1,000 against a political party that violates
10821     Subsection (4)(a).
10822          Section 186. Section 20A-11-511 is amended to read:
10823          20A-11-511. County political party financial reporting requirements -- Interim
10824     reports.
10825          (1) (a) A county political party officer of a county political party that has received
10826     contributions totaling at least $750, or disbursed expenditures totaling at least $750, during a
10827     calendar year shall file an interim report at the following times in any year in which there is a
10828     regular general election:
10829          (i) seven days before the county political party's convention;
10830          (ii) seven days before the regular primary election date;
10831          (iii) September 30; and
10832          (iv) seven days before the general election date.
10833          (b) A county political party officer need not file an interim report if it received no
10834     contributions or made no expenditures during the reporting period.
10835          (2) Each interim report shall include the following information:
10836          (a) the net balance of the last financial statement, if any;
10837          (b) a single figure equal to the total amount of receipts reported on all prior interim
10838     reports, if any, during the calendar year in which the interim report is due;
10839          (c) a single figure equal to the total amount of expenditures reported on all prior
10840     interim reports, if any, filed during the calendar year in which the interim report is due;
10841          (d) a detailed listing of each contribution received since the last summary report that
10842     has not been reported in detail on a prior interim report;
10843          (e) for each nonmonetary contribution, the fair market value of the contribution;

10844          (f) a detailed listing of each expenditure made since the last summary report that has
10845     not been reported in detail on a prior interim report;
10846          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
10847          (h) a net balance for the year consisting of the net balance from the last summary
10848     report, if any, plus all receipts since the last summary report minus all expenditures since the
10849     last summary report; and
10850          (i) a summary page in the form required by the [lieutenant governor] director that
10851     identifies:
10852          (i) beginning balance;
10853          (ii) total contributions during the period since the last statement;
10854          (iii) total contributions to date;
10855          (iv) total expenditures during the period since the last statement; and
10856          (v) total expenditures to date.
10857          (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
10858     reported without separate detailed listings.
10859          (b) Two or more contributions from the same source that have an aggregate total of
10860     more than $50 may not be reported in the aggregate, but shall be reported separately.
10861          (4) In preparing each interim report, all receipts and expenditures shall be reported as
10862     of five days before the required filing date of the report.
10863          Section 187. Section 20A-11-512 is amended to read:
10864          20A-11-512. County political party -- Criminal penalties -- Fines.
10865          (1) A county political party that fails to file an interim report described in Subsections
10866     20A-11-511(1)(a)(i) through (iv) before the deadline is subject to a fine in accordance with
10867     Section 20A-11-1005, which the chief election officer shall deposit [in] into the General Fund.
10868          (2) Within 60 days after a deadline for the filing of the January 10 statement required
10869     by Section 20A-11-510, the [lieutenant governor] director shall review each filed statement to
10870     ensure that:
10871          (a) a county political party officer who is required to file a statement has filed one; and
10872          (b) each statement contains the information required by Section 20A-11-510.
10873          (3) If it appears that any county political party officer has failed to file a financial
10874     statement before the deadline, if it appears that a filed financial statement does not conform to

10875     the law, or if the [lieutenant governor] director has received a written complaint alleging a
10876     violation of the law or the falsity of any financial statement, the [lieutenant governor] director
10877     shall, within five days after the day on which the [lieutenant governor] director discovers the
10878     violation or receives the written complaint, notify the county political party officer of the
10879     violation or written complaint and direct the county political party officer to file a financial
10880     statement correcting the problem.
10881          (4) (a) A county political party that fails to file or amend a financial statement within
10882     seven days after the day on which the county political party receives notice from the [lieutenant
10883     governor] director under this section is subject to a fine of the lesser of:
10884          (i) 10% of the total contributions received, and the total expenditures made, by the
10885     county political party during the reporting period for the financial statement that the county
10886     political party failed to file or amend; or
10887          (ii) $1,000.
10888          (b) The chief election officer shall deposit a fine collected under Subsection (4)(a) into
10889     the General Fund.
10890          Section 188. Section 20A-11-513 is amended to read:
10891          20A-11-513. Termination of duty to report.
10892          (1) A registered political party or county political party is subject to year-end summary
10893     reporting requirements until the registered political party or county political party has filed a
10894     statement of dissolution with the [lieutenant governor] director stating that:
10895          (a) the political party is no longer receiving contributions and is no longer making
10896     expenditures;
10897          (b) the ending balance on the last summary report filed is zero; and
10898          (c) a final summary report in the form required by this part showing a zero balance is
10899     filed with the statement of dissolution.
10900          (2) A statement of dissolution and a final summary report may be filed at any time.
10901          (3) A registered political party or county political party shall continue to file the
10902     year-end summary report required by this part until the statement of dissolution and final
10903     summary report required by this section are filed with the [lieutenant governor] director.
10904          Section 189. Section 20A-11-601 is amended to read:
10905          20A-11-601. Political action committees -- Registration -- Name or acronym used

10906     by political action committee -- Criminal penalty for providing false information or
10907     accepting unlawful contribution.
10908          (1) (a) A political action committee shall file an initial statement of organization with
10909     the [lieutenant governor's] office no later than 5 p.m. seven days after the day on which the
10910     political action committee:
10911          (i) receives contributions totaling at least $750; or
10912          (ii) distributes expenditures for political purposes totaling at least $750.
10913          (b) Unless the political action committee has filed a notice of dissolution under
10914     Subsection (7), after filing an initial statement of organization, a political action committee
10915     shall file an updated statement of organization with the [lieutenant governor's] office each year
10916     after the year in which the political action committee files an initial statement of organization:
10917          (i) before 5 p.m. on January 10; or
10918          (ii) electronically, before midnight on January 10.
10919          (c) After filing an initial statement of organization, a political action committee shall,
10920     before January 10 each year after the year in which the political action committee files an initial
10921     statement of organization, file an updated statement of organization with the [lieutenant
10922     governor's] office.
10923          (2) A statement of organization described in Subsection (1) shall include:
10924          (a) the full name of the political action committee, a second name, if any, and an
10925     acronym, if any;
10926          (b) the address and phone number of the political action committee;
10927          (c) the name, address, telephone number, title, and occupation of:
10928          (i) the two officers described in Subsection (5) and the treasurer of the political action
10929     committee;
10930          (ii) all other officers, advisory members, and governing board members of the political
10931     action committee; and
10932          (iii) each individual or entity represented by, or affiliated with, the political action
10933     committee; and
10934          (d) other relevant information requested by the [lieutenant governor] director.
10935          (3) (a) A political action committee may not use a name or acronym:
10936          (i) other than a name or acronym disclosed in the political action committee's latest

10937     statement of organization;
10938          (ii) that is the same, or deceptively similar to, the name or acronym of another political
10939     action committee; or
10940          (iii) that is likely to mislead a potential donor regarding the individuals or entities
10941     represented by, or affiliated with, the political action committee.
10942          (b) Within seven days after the day on which a political action committee files an
10943     initial statement of organization, the [lieutenant governor's] office shall:
10944          (i) review the statement and determine whether a name or acronym used by the
10945     political action committee violates Subsection (3)(a)(ii) or (iii); and
10946          (ii) if the [lieutenant governor's] office determines that a name or acronym used by the
10947     political action committee violates Subsection (3)(a)(ii) or (iii), order, in writing, that the
10948     political action committee:
10949          (A) immediately cease and desist use of the name or acronym; and
10950          (B) within seven days after the day of the order, file an updated statement of
10951     organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
10952          (c) If a political action committee uses a name or acronym that is the same, or
10953     deceptively similar to, the name or acronym of another political action committee, the
10954     [lieutenant governor] director shall determine which political action committee has been using
10955     the name the longest and shall order, in writing, any other political action committee using the
10956     same, or a deceptively similar, name or acronym to:
10957          (i) immediately cease and desist use of the name or acronym; and
10958          (ii) within seven days after the day of the order, file an updated statement of
10959     organization with a name and acronym that does not violate Subsection (3)(a)(ii) or (iii).
10960          (d) If a political action committee uses a name or acronym other than a name or
10961     acronym disclosed in the political action committee's latest statement of organization:
10962          (i) the [lieutenant governor] director shall order, in writing, that the political action
10963     committee cease and desist use of the name or acronym; and
10964          (ii) the political action committee shall immediately comply with the order described in
10965     Subsection (3)(d)(i).
10966          (4) (a) The [lieutenant governor] director may, in addition to any other penalty
10967     provided by law, impose a $100 fine against a political action committee, or against an

10968     individual who forms a political action committee, that:
10969          (i) fails to timely file a complete and accurate statement of organization or subsequent
10970     statement of organization; or
10971          (ii) fails to comply with an order described in Subsection (3).
10972          (b) If the [lieutenant governor] director imposes a fine described in Subsection
10973     (4)(a)(i):
10974          (i) the person against whom the fine is imposed shall, within seven days after the day
10975     on which the [lieutenant governor] director imposes the fine:
10976          (A) pay the fine; and
10977          (B) file a complete and accurate statement, or subsequent statement, of organization, as
10978     applicable; and
10979          (ii) the [lieutenant governor] director shall provide written notice to the person against
10980     whom the fine is imposed:
10981          (A) of the requirements described in Subsection (4)(b)(i); and
10982          (B) that failure to timely comply with the requirement described in Subsection
10983     (4)(b)(i)(B) is a class B misdemeanor.
10984          (c) The attorney general, or a political action committee that is harmed by the action of
10985     a political action committee in violation of this section, may bring an action for an injunction
10986     against the violating political action committee, or an officer of the violating political action
10987     committee, to enforce the provisions of this section.
10988          (d) A political action committee may bring an action for damages against another
10989     political action committee that uses a name or acronym that is the same, or deceptively similar
10990     to, the name or acronym of the political action committee bringing the action.
10991          (5) (a) Each political action committee shall designate two officers who have primary
10992     decision-making authority for the political action committee.
10993          (b) An individual may not exercise primary decision-making authority for a political
10994     action committee if the individual is not designated under Subsection (5)(a).
10995          (6) A political action committee shall deposit each contribution received in one or
10996     more separate accounts in a financial institution that are dedicated only to that purpose.
10997          (7) (a) A registered political action committee that intends to permanently cease
10998     operations shall file a notice of dissolution with the [lieutenant governor's] office.

10999          (b) A notice of dissolution filed by a political action committee does not exempt the
11000     political action committee from complying with the financial reporting requirements described
11001     in this chapter in relation to all contributions received, and all expenditures made, before, at, or
11002     after dissolution.
11003          (c) A political action committee shall, before filing a notice of dissolution, dispose of
11004     any money remaining in an account described in Subsection (6) by:
11005          (i) returning the money to the donors;
11006          (ii) donating the money to the campaign account of a candidate or officeholder;
11007          (iii) donating the money to another political action committee;
11008          (iv) donating the money to a political party;
11009          (v) donating the money to an organization that is exempt from federal income taxation
11010     under Section 501(c)(3), Internal Revenue Code; or
11011          (vi) making another lawful expenditure of the money for a political purpose.
11012          (d) A political action committee shall report all money donated or expended in a
11013     financial report to the [lieutenant governor] director, in accordance with the financial reporting
11014     requirements described in this chapter.
11015          (8) (a) Unless the political action committee has filed a notice of dissolution under
11016     Subsection (7), a political action committee shall file, with the [lieutenant governor's] office,
11017     notice of any change of an officer described in Subsection (5)(a).
11018          (b) A political action committee may not accept a contribution from a political issues
11019     committee, but may donate money to a political issues committee.
11020          (c) A political action committee shall:
11021          (i) file a notice of a change of a primary officer described in Subsection (5)(a) before 5
11022     p.m. within 10 days after the day on which the change occurs; and
11023          (ii) include in the notice of change the name and title of the officer being replaced, and
11024     the name, address, occupation, and title of the new officer.
11025          (9) (a) A person is guilty of providing false information in relation to a political action
11026     committee if the person intentionally or knowingly gives false or misleading material
11027     information in a statement of organization or the notice of change of primary officer.
11028          (b) Each primary officer designated in Subsection (5)(a) or (8)(c) is guilty of accepting
11029     an unlawful contribution if the political action committee knowingly or recklessly accepts a

11030     contribution from a corporation that:
11031          (i) was organized less than 90 days before the date of the general election; and
11032          (ii) at the time the political action committee accepts the contribution, has failed to file
11033     a statement of organization with the [lieutenant governor's] office as required by Section
11034     20A-11-704.
11035          (c) A violation of this Subsection (9) is a third degree felony.
11036          Section 190. Section 20A-11-602 is amended to read:
11037          20A-11-602. Political action committees -- Financial reporting.
11038          (1) (a) Each registered political action committee that has received contributions
11039     totaling at least $750, or disbursed expenditures totaling at least $750, during a calendar year
11040     shall file a verified financial statement with the [lieutenant governor's] office:
11041          (i) on January 10, reporting contributions and expenditures as of December 31 of the
11042     previous year;
11043          (ii) seven days before the state political convention of each major political party;
11044          (iii) seven days before the county political convention of a political party, if the
11045     political action committee makes an expenditure on or before the day described in Subsection
11046     (1)(b)(ii) in relation to a candidate that the party may nominate at the convention;
11047          (iv) seven days before the regular primary election date;
11048          (v) on September 30; and
11049          (vi) seven days before:
11050          (A) the municipal general election; and
11051          (B) the regular general election.
11052          (b) The registered political action committee shall report:
11053          (i) a detailed listing of all contributions received and expenditures made since the last
11054     statement; and
11055          (ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
11056     contributions and expenditures as of five days before the required filing date of the financial
11057     statement.
11058          (c) The registered political action committee need not file a statement under this
11059     section if it received no contributions and made no expenditures during the reporting period.
11060          (2) (a) The verified financial statement shall include:

11061          (i) the name and address of any individual who makes a contribution to the reporting
11062     political action committee, if known, and the amount of the contribution;
11063          (ii) the identification of any publicly identified class of individuals that makes a
11064     contribution to the reporting political action committee, if known, and the amount of the
11065     contribution;
11066          (iii) the name and address of any political action committee, group, or entity, if known,
11067     that makes a contribution to the reporting political action committee, and the amount of the
11068     contribution;
11069          (iv) for each nonmonetary contribution, the fair market value of the contribution;
11070          (v) the name and address of each reporting entity that received an expenditure from the
11071     reporting political action committee, and the amount of each expenditure;
11072          (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
11073          (vii) the total amount of contributions received and expenditures disbursed by the
11074     reporting political action committee;
11075          (viii) a statement by the political action committee's treasurer or chief financial officer
11076     certifying that, to the best of the person's knowledge, the financial report is accurate; and
11077          (ix) a summary page in the form required by the [lieutenant governor] director that
11078     identifies:
11079          (A) beginning balance;
11080          (B) total contributions during the period since the last statement;
11081          (C) total contributions to date;
11082          (D) total expenditures during the period since the last statement; and
11083          (E) total expenditures to date.
11084          (b) (i) Contributions received by a political action committee that have a value of $50
11085     or less need not be reported individually, but shall be listed on the report as an aggregate total.
11086          (ii) Two or more contributions from the same source that have an aggregate total of
11087     more than $50 may not be reported in the aggregate, but shall be reported separately.
11088          (c) A political action committee is not required to report an independent expenditure
11089     under Part 17, Independent Expenditures, if, in the financial statement described in this section,
11090     the political action committee:
11091          (i) includes the independent expenditure;

11092          (ii) identifies the independent expenditure as an independent expenditure; and
11093          (iii) provides the information, described in Section 20A-11-1704, in relation to the
11094     independent expenditure.
11095          (3) A group or entity may not divide or separate into units, sections, or smaller groups
11096     for the purpose of avoiding the financial reporting requirements of this chapter, and substance
11097     shall prevail over form in determining the scope or size of a political action committee.
11098          (4) (a) As used in this Subsection (4), "received" means:
11099          (i) for a cash contribution, that the cash is given to a political action committee;
11100          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
11101     instrument or check is negotiated; and
11102          (iii) for any other type of contribution, that any portion of the contribution's benefit
11103     inures to the political action committee.
11104          (b) A political action committee shall report each contribution to the [lieutenant
11105     governor] director within 31 days after the contribution is received.
11106          (5) A political action committee may not expend a contribution for political purposes if
11107     the contribution:
11108          (a) is cash or a negotiable instrument;
11109          (b) exceeds $50; and
11110          (c) is from an unknown source.
11111          (6) Within 31 days after receiving a contribution that is cash or a negotiable
11112     instrument, exceeds $50, and is from an unknown source, a political action committee shall
11113     disburse the amount of the contribution to:
11114          (a) the treasurer of the state or a political subdivision for deposit into the state's or
11115     political subdivision's general fund; or
11116          (b) an organization that is exempt from federal income taxation under Section
11117     501(c)(3), Internal Revenue Code.
11118          Section 191. Section 20A-11-603 is amended to read:
11119          20A-11-603. Criminal penalties -- Fines.
11120          (1) (a) As used in this Subsection (1), "completed" means that:
11121          (i) the financial statement accurately and completely details the information required
11122     by this part except for inadvertent omissions or insignificant errors or inaccuracies; and

11123          (ii) the political action committee corrects the omissions, errors, or inaccuracies
11124     described in Subsection (1)(a) in an amended report or the next scheduled report.
11125          (b) Each political action committee that fails to file a completed financial statement
11126     before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
11127          (c) Each political action committee that fails to file a completed financial statement
11128     described in Subsections 20A-11-602(1)(a)(iv) through (vi) is guilty of a class B misdemeanor.
11129          (d) The [lieutenant governor] director shall report all violations of Subsection (1)(c) to
11130     the attorney general.
11131          (2) Within 60 days after a deadline for the filing of the January 10 statement required
11132     by this part, the [lieutenant governor] director shall review each filed statement to ensure that:
11133          (a) each political action committee that is required to file a statement has filed one; and
11134          (b) each statement contains the information required by this part.
11135          (3) If it appears that any political action committee has failed to file the January 10
11136     statement, if it appears that a filed statement does not conform to the law, or if the [lieutenant
11137     governor] director has received a written complaint alleging a violation of the law or the falsity
11138     of any statement, the [lieutenant governor] director shall, within five days after the day on
11139     which the [lieutenant governor] director discovers the violation or receives the written
11140     complaint, notify the political action committee of the violation or written complaint and direct
11141     the political action committee to file a statement correcting the problem.
11142          (4) (a) It is unlawful for any political action committee to fail to file or amend a
11143     statement within seven days after the day on which the political action committee receives
11144     notice from the [lieutenant governor] director under this section.
11145          (b) Each political action committee that violates Subsection (4)(a) is guilty of a class B
11146     misdemeanor.
11147          (c) The [lieutenant governor] director shall report all violations of Subsection (4)(a) to
11148     the attorney general.
11149          (d) In addition to the criminal penalty described in Subsection (4)(b), the [lieutenant
11150     governor] director shall impose a civil fine of $1,000 against a political action committee that
11151     violates Subsection (4)(a).
11152          (5) (a) It is unlawful for a person to fail to file a complete and accurate statement of
11153     organization, or a complete and accurate subsequent statement of organization, within seven

11154     days after the day on which the person receives the notice described in Subsection
11155     20A-11-601(4)(b)(ii).
11156          (b) A violation of Subsection (5)(a) is a class B misdemeanor.
11157          (c) The [lieutenant governor] director shall report all violations of Subsection (5)(a) to
11158     the attorney general.
11159          Section 192. Section 20A-11-701.5 is amended to read:
11160          20A-11-701.5. Campaign financial reporting by corporations -- Filing
11161     requirements -- Statement contents.
11162          (1) (a) Each corporation that has made expenditures for political purposes that total at
11163     least $750 during a calendar year shall file a verified financial statement with the [lieutenant
11164     governor's] office:
11165          (i) on January 10, reporting expenditures as of December 31 of the previous year;
11166          (ii) seven days before the state political convention for each major political party;
11167          (iii) seven days before the regular primary election date;
11168          (iv) on September 30; and
11169          (v) seven days before the regular general election date.
11170          (b) The corporation shall report:
11171          (i) a detailed listing of all expenditures made since the last financial statement;
11172          (ii) for a financial statement described in Subsections (1)(a)(ii) through (v), all
11173     expenditures as of five days before the required filing date of the financial statement; and
11174          (iii) whether the corporation, including an officer of the corporation, director of the
11175     corporation, or person with at least 10% ownership in the corporation:
11176          (A) has bid since the last financial statement on a contract, as defined in Section
11177     63G-6a-103, in excess of $100,000;
11178          (B) is currently bidding on a contract, as defined in Section 63G-6a-103, in excess of
11179     $100,000; or
11180          (C) is a party to a contract, as defined in Section 63G-6a-103, in excess of $100,000.
11181          (c) The corporation need not file a financial statement under this section if the
11182     corporation made no expenditures during the reporting period.
11183          (d) The corporation is not required to report an expenditure made to, or on behalf of, a
11184     reporting entity that the reporting entity is required to include in a financial statement described

11185     in this chapter, Chapter 12, Part 2, Judicial Retention Elections, Section 10-3-208, or Section
11186     17-16-6.5.
11187          (2) The financial statement shall include:
11188          (a) the name and address of each reporting entity that received an expenditure from the
11189     corporation, and the amount of each expenditure;
11190          (b) the total amount of expenditures disbursed by the corporation; and
11191          (c) a statement by the corporation's treasurer or chief financial officer certifying the
11192     accuracy of the financial statement.
11193          Section 193. Section 20A-11-702 is amended to read:
11194          20A-11-702. Campaign financial reporting of political issues expenditures by
11195     corporations -- Financial reporting.
11196          (1) (a) Each corporation that has made political issues expenditures on current or
11197     proposed ballot issues that total at least $750 during a calendar year shall file a verified
11198     financial statement with the [lieutenant governor's] office:
11199          (i) on January 10, reporting expenditures as of December 31 of the previous year;
11200          (ii) seven days before the state political convention of each major political party;
11201          (iii) seven days before the regular primary election date;
11202          (iv) on September 30; and
11203          (v) seven days before the regular general election date.
11204          (b) The corporation shall report:
11205          (i) a detailed listing of all expenditures made since the last financial statement; and
11206          (ii) for a financial statement described in Subsections (1)(a)(ii) through (v),
11207     expenditures as of five days before the required filing date of the financial statement.
11208          (c) The corporation need not file a statement under this section if it made no
11209     expenditures during the reporting period.
11210          (2) That statement shall include:
11211          (a) the name and address of each individual, entity, or group of individuals or entities
11212     that received a political issues expenditure of more than $50 from the corporation, and the
11213     amount of each political issues expenditure;
11214          (b) the total amount of political issues expenditures disbursed by the corporation; and
11215          (c) a statement by the corporation's treasurer or chief financial officer certifying the

11216     accuracy of the verified financial statement.
11217          Section 194. Section 20A-11-703 is amended to read:
11218          20A-11-703. Criminal penalties -- Fines.
11219          (1) Within 60 days after a deadline for the filing of any statement required by this part,
11220     the [lieutenant governor] director shall review each filed statement to ensure that:
11221          (a) each corporation that is required to file a statement has filed one; and
11222          (b) each statement contains the information required by this part.
11223          (2) If it appears that any corporation has failed to file any statement, if it appears that a
11224     filed statement does not conform to the law, or if the [lieutenant governor] director has
11225     received a written complaint alleging a violation of the law or the falsity of any statement, the
11226     [lieutenant governor] director shall:
11227          (a) impose a fine against the corporation in accordance with Section 20A-11-1005; and
11228          (b) within five days of discovery of a violation or receipt of a written complaint, notify
11229     the corporation of the violation or written complaint and direct the corporation to file a
11230     statement correcting the problem.
11231          (3) (a) It is unlawful for any corporation to fail to file or amend a statement within
11232     seven days after receiving notice from the [lieutenant governor] director under this section.
11233          (b) Each corporation that violates Subsection (3)(a) is guilty of a class B misdemeanor.
11234          (c) The [lieutenant governor] director shall report all violations of Subsection (3)(a) to
11235     the attorney general.
11236          (d) In addition to the criminal penalty described in Subsection (3)(b), the [lieutenant
11237     governor] director shall impose a civil fine of $1,000 against a corporation that violates
11238     Subsection (3)(a).
11239          Section 195. Section 20A-11-704 is amended to read:
11240          20A-11-704. Statement of organization required for certain new corporations.
11241          (1) A corporation that is incorporated, organized, or otherwise created less than 90 days
11242     before the date of a general election shall file a statement of organization with the [lieutenant
11243     governor's] office before making a contribution to a political action committee or a political
11244     issues committee in association with the election.
11245          (2) The statement of organization shall include:
11246          (a) the name and street address of the corporation;

11247          (b) the name, street address, phone number, occupation, and title of one or more
11248     individuals that have primary decision-making authority for the corporation;
11249          (c) the name, street address, phone number, occupation, and title of the corporation's
11250     chief financial officer;
11251          (d) the name, street address, occupation, and title of all other officers or managers of
11252     the corporation; and
11253          (e) the name, street address, and occupation of each member of the corporation's
11254     governing and advisory boards, if any.
11255          (3) (a) A corporation shall file with the [lieutenant governor's] office a notice of intent
11256     to cease making contributions, if the corporation:
11257          (i) has made a contribution described in Subsection (1); and
11258          (ii) intends to permanently cease making contributions described in Subsection (1).
11259          (b) A notice filed under Subsection (3)(a) does not exempt the corporation from
11260     complying with the financial reporting requirements described in this chapter.
11261          Section 196. Section 20A-11-801 is amended to read:
11262          20A-11-801. Political issues committees -- Registration -- Criminal penalty for
11263     providing false information or accepting unlawful contribution.
11264          (1) (a) Unless the political issues committee has filed a notice of dissolution under
11265     Subsection (4), each political issues committee shall file a statement of organization with the
11266     [lieutenant governor's] office:
11267          (i) before 5 p.m. on January 10 of each year; or
11268          (ii) electronically, before midnight on January 10 of each year.
11269          (b) If a political issues committee is organized after the filing deadline described in
11270     Subsection (1)(a), the political issues committee shall file an initial statement of organization
11271     no later than seven days after the day on which the political issues committee:
11272          (i) receives political issues contributions totaling at least $750; or
11273          (ii) distributes political issues expenditures totaling at least $750.
11274          (c) Each political issues committee shall deposit each contribution received into one or
11275     more separate accounts in a financial institution that are dedicated only to that purpose.
11276          (2) (a) Each political issues committee shall designate two officers that have primary
11277     decision-making authority for the political issues committee.

11278          (b) An individual may not exercise primary decision-making authority for a political
11279     issues committee if the individual is not designated under Subsection (2)(a).
11280          (3) The statement of organization shall include:
11281          (a) the name and address of the political issues committee;
11282          (b) the name, address, phone number, occupation, and title of the two primary officers
11283     designated under Subsection (2);
11284          (c) the name, address, occupation, and title of all other officers of the political issues
11285     committee;
11286          (d) the name and address of the organization, individual, corporation, association, unit
11287     of government, or union that the political issues committee represents, if any;
11288          (e) the name and address of all affiliated or connected organizations and their
11289     relationships to the political issues committee;
11290          (f) the name, residential address, business address, occupation, and phone number of
11291     the committee's treasurer or chief financial officer;
11292          (g) the name, address, and occupation of each member of the supervisory and advisory
11293     boards, if any; and
11294          (h) the ballot proposition whose outcome they wish to affect, and whether they support
11295     or oppose it.
11296          (4) (a) A registered political issues committee that intends to permanently cease
11297     operations during a calendar year shall:
11298          (i) dispose of all remaining funds by returning the funds to donors or donating the
11299     funds to an organization that is exempt from federal income taxation under Section 501(c)(3),
11300     Internal Revenue Code; and
11301          (ii) after complying with Subsection (4)(a)(i), file a notice of dissolution with the
11302     [lieutenant governor's] office.
11303          (b) A political issues committee may not donate money to a political action committee,
11304     but may accept a contribution from a political action committee.
11305          (c) Any notice of dissolution filed by a political issues committee does not exempt that
11306     political issues committee from complying with the financial reporting requirements of this
11307     chapter in relation to all contributions received, and all expenditures made, before, at, or after
11308     dissolution.

11309          (d) A political issues committee shall report all money donated or expended under
11310     Subsection (4)(a) in a financial report to the [lieutenant governor] director, in accordance with
11311     the financial reporting requirements described in this chapter.
11312          (5) (a) Unless the political issues committee has filed a notice of dissolution under
11313     Subsection (4), a political issues committee shall file, with the [lieutenant governor's] office,
11314     notice of any change of an officer described in Subsection (2).
11315          (b) A political issues committee shall:
11316          (i) file a notice of a change of a primary officer described in Subsection (2)(a) before 5
11317     p.m. within 10 days after the day on which the change occurs; and
11318          (ii) include in the notice of change the name and title of the officer being replaced and
11319     the name, address, occupation, and title of the new officer.
11320          (6) (a) A person is guilty of providing false information in relation to a political issues
11321     committee if the person intentionally or knowingly gives false or misleading material
11322     information in the statement of organization or the notice of change of primary officer.
11323          (b) Each primary officer designated in Subsection (2)(a) or (5)(b) is guilty of accepting
11324     an unlawful contribution if the political issues committee knowingly or recklessly accepts a
11325     contribution from a corporation that:
11326          (i) was organized less than 90 days before the date of the general election; and
11327          (ii) at the time the political issues committee accepts the contribution, has failed to file
11328     a statement of organization with the [lieutenant governor's] office as required by Section
11329     20A-11-704.
11330          (c) A violation of this Subsection (6) is a third degree felony.
11331          (7) (a) As used in this Subsection (7), "received" means:
11332          (i) for a cash contribution, that the cash is given to a political issues committee;
11333          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
11334     instrument or check is negotiated; and
11335          (iii) for any other type of contribution, that any portion of the contribution's benefit
11336     inures to the political issues committee.
11337          (b) Each political issues committee shall report to the [lieutenant governor] director
11338     each contribution received by the political issues committee within seven business days after
11339     the day on which the contribution is received if the contribution is received within 30 days

11340     before the last day on which the sponsors of the initiative or referendum described in
11341     Subsection 20A-11-801(3)(h) may submit signatures to qualify the initiative or referendum for
11342     the ballot.
11343          (c) For each contribution that a political issues committee fails to report within the
11344     period described in Subsection (7)(b), the [lieutenant governor] director shall impose a fine
11345     against the political issues committee in an amount equal to:
11346          (i) 10% of the amount of the contribution, if the political issues committee reports the
11347     contribution within 60 days after the last day on which the political issues committee should
11348     have reported the contribution under Subsection (7)(b); or
11349          (ii) 20% of the amount of the contribution, if the political issues committee fails to
11350     report the contribution within 60 days after the last day on which the political issues committee
11351     should have reported the contribution under Subsection (7)(b).
11352          (d) The [lieutenant governor] director shall:
11353          (i) deposit money received under Subsection (7)(c) into the General Fund; and
11354          (ii) report on the [lieutenant governor's] office's website, in the location where reports
11355     relating to each political issues committee are available for public access:
11356          (A) each fine imposed by the [lieutenant governor] director against the political issues
11357     committee;
11358          (B) the amount of the fine;
11359          (C) the amount of the contribution to which the fine relates; and
11360          (D) the date of the contribution.
11361          Section 197. Section 20A-11-802 is amended to read:
11362          20A-11-802. Political issues committees -- Financial reporting.
11363          (1) (a) Each registered political issues committee that has received political issues
11364     contributions totaling at least $750, or disbursed political issues expenditures totaling at least
11365     $750, during a calendar year, shall file a verified financial statement with the [lieutenant
11366     governor's] office:
11367          (i) on January 10, reporting contributions and expenditures as of December 31 of the
11368     previous year;
11369          (ii) seven days before the state political convention of each major political party;
11370          (iii) seven days before the regular primary election date;

11371          (iv) seven days before the date of an incorporation election, if the political issues
11372     committee has received or expended funds to affect an incorporation;
11373          (v) at least three days before the first public hearing held as required by Section
11374     20A-7-204.1;
11375          (vi) if the political issues committee has received or expended funds in relation to an
11376     initiative or referendum, five days before the deadline for the initiative or referendum sponsors
11377     to submit:
11378          (A) the verified and certified initiative packets under Section 20A-7-105; or
11379          (B) the signed and verified referendum packets under Section 20A-7-105;
11380          (vii) on September 30; and
11381          (viii) seven days before:
11382          (A) the municipal general election; and
11383          (B) the regular general election.
11384          (b) The political issues committee shall report:
11385          (i) a detailed listing of all contributions received and expenditures made since the last
11386     statement; and
11387          (ii) all contributions and expenditures as of five days before the required filing date of
11388     the financial statement, except for a financial statement filed on January 10.
11389          (c) The political issues committee need not file a statement under this section if it
11390     received no contributions and made no expenditures during the reporting period.
11391          (2) (a) That statement shall include:
11392          (i) the name and address, if known, of any individual who makes a political issues
11393     contribution to the reporting political issues committee, and the amount of the political issues
11394     contribution;
11395          (ii) the identification of any publicly identified class of individuals that makes a
11396     political issues contribution to the reporting political issues committee, and the amount of the
11397     political issues contribution;
11398          (iii) the name and address, if known, of any political issues committee, group, or entity
11399     that makes a political issues contribution to the reporting political issues committee, and the
11400     amount of the political issues contribution;
11401          (iv) the name and address of each reporting entity that makes a political issues

11402     contribution to the reporting political issues committee, and the amount of the political issues
11403     contribution;
11404          (v) for each nonmonetary contribution, the fair market value of the contribution;
11405          (vi) except as provided in Subsection (2)(c), the name and address of each individual,
11406     entity, or group of individuals or entities that received a political issues expenditure of more
11407     than $50 from the reporting political issues committee, and the amount of each political issues
11408     expenditure;
11409          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
11410          (viii) the total amount of political issues contributions received and political issues
11411     expenditures disbursed by the reporting political issues committee;
11412          (ix) a statement by the political issues committee's treasurer or chief financial officer
11413     certifying that, to the best of the person's knowledge, the financial statement is accurate; and
11414          (x) a summary page in the form required by the [lieutenant governor] director that
11415     identifies:
11416          (A) beginning balance;
11417          (B) total contributions during the period since the last statement;
11418          (C) total contributions to date;
11419          (D) total expenditures during the period since the last statement; and
11420          (E) total expenditures to date.
11421          (b) (i) Political issues contributions received by a political issues committee that have a
11422     value of $50 or less need not be reported individually, but shall be listed on the report as an
11423     aggregate total.
11424          (ii) Two or more political issues contributions from the same source that have an
11425     aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
11426     separately.
11427          (c) When reporting political issue expenditures made to circulators of initiative
11428     petitions, the political issues committee:
11429          (i) need only report the amount paid to each initiative petition circulator; and
11430          (ii) need not report the name or address of the circulator.
11431          (3) (a) As used in this Subsection (3), "received" means:
11432          (i) for a cash contribution, that the cash is given to a political issues committee;

11433          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
11434     instrument or check is negotiated; and
11435          (iii) for any other type of contribution, that any portion of the contribution's benefit
11436     inures to the political issues committee.
11437          (b) A political issues committee shall report each contribution to the [lieutenant
11438     governor] director within 31 days after the contribution is received.
11439          (4) A political issues committee may not expend a contribution for a political issues
11440     expenditure if the contribution:
11441          (a) is cash or a negotiable instrument;
11442          (b) exceeds $50; and
11443          (c) is from an unknown source.
11444          (5) Within 31 days after receiving a contribution that is cash or a negotiable
11445     instrument, exceeds $50, and is from an unknown source, a political issues committee shall
11446     disburse the amount of the contribution to:
11447          (a) the treasurer of the state or a political subdivision for deposit into the state's or
11448     political subdivision's general fund; or
11449          (b) an organization that is exempt from federal income taxation under Section
11450     501(c)(3), Internal Revenue Code.
11451          Section 198. Section 20A-11-803 is amended to read:
11452          20A-11-803. Criminal penalties -- Fines.
11453          (1) (a) As used in this Subsection (1), "completed" means that:
11454          (i) the financial statement accurately and completely details the information required
11455     by this part except for inadvertent omissions or insignificant errors or inaccuracies; and
11456          (ii) the political issues committee corrects the omissions, errors, or inaccuracies
11457     described in Subsection (1)(a) in an amended report or the next scheduled report.
11458          (b) Each political issues committee that fails to file a completed financial statement
11459     before the deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
11460          (c) Each political issues committee that fails to file a completed financial statement
11461     described in Subsection 20A-11-802(1)(a)(vii) or (viii) is guilty of a class B misdemeanor.
11462          (d) The [lieutenant governor] director shall report all violations of Subsection (1)(c) to
11463     the attorney general.

11464          (2) Within 60 days after a deadline for the filing of the January 10 statement, the
11465     [lieutenant governor] director shall review each filed statement to ensure that:
11466          (a) each political issues committee that is required to file a statement has filed one; and
11467          (b) each statement contains the information required by this part.
11468          (3) If it appears that any political issues committee has failed to file the January 10
11469     statement, if it appears that a filed statement does not conform to the law, or if the [lieutenant
11470     governor] director has received a written complaint alleging a violation of the law or the falsity
11471     of any statement, the [lieutenant governor] director shall, within five days after the day on
11472     which the [lieutenant governor] director discovers the violation or receives the written
11473     complaint, notify the political issues committee of the violation or written complaint and direct
11474     the political issues committee to file a statement correcting the problem.
11475          (4) (a) It is unlawful for any political issues committee to fail to file or amend a
11476     statement within seven days after the day on which the political issues committee receives
11477     notice from the [lieutenant governor] director under this section.
11478          (b) Each political issues committee that violates Subsection (4)(a) is guilty of a class B
11479     misdemeanor.
11480          (c) The [lieutenant governor] director shall report all violations of Subsection (4)(a) to
11481     the attorney general.
11482          (d) In addition to the criminal penalty described in Subsection (4)(b), the [lieutenant
11483     governor] director shall impose a civil fine of $1,000 against a political issues committee that
11484     violates Subsection (4)(a).
11485          Section 199. Section 20A-11-901 is amended to read:
11486          20A-11-901. Political advertisements -- Requirement that ads designate
11487     responsibility and authorization -- Report to director -- Unauthorized use of
11488     endorsements.
11489          (1) (a) Whenever any person makes an expenditure for the purpose of financing an
11490     advertisement expressly advocating for the election or defeat of a clearly identified candidate,
11491     or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor
11492     advertising facility, direct mailing, or any other type of general public political advertising, the
11493     advertisement:
11494          (i) if paid for and authorized by a candidate or the candidate's campaign committee,

11495     shall clearly state that the advertisement has been paid for by the candidate or the campaign
11496     committee;
11497          (ii) if paid for by another person but authorized by a candidate or the candidate's
11498     campaign committee, shall clearly state who paid for the advertisement and that the candidate
11499     or the campaign committee authorized the advertisement; or
11500          (iii) if not authorized by a candidate or a candidate's campaign committee, shall clearly
11501     state the name of the person who paid for the advertisement and state that the advertisement is
11502     not authorized by any candidate or candidate's committee.
11503          (2) (a) A person that makes an expenditure for the purpose of financing an
11504     advertisement related to a ballot proposition shall ensure that the advertisement complies with
11505     Subsection (2)(b) if the advertisement expressly advocates:
11506          (i) for placing a ballot proposition on the ballot;
11507          (ii) for keeping a ballot proposition off the ballot;
11508          (iii) that a voter refrain from voting on a ballot proposition; or
11509          (iv) that a voter vote for or against a ballot proposition.
11510          (b) An advertisement described in Subsection (2)(a) shall:
11511          (i) if paid for by a political issues committee, clearly state that the advertisement was
11512     paid for by the political issues committee;
11513          (ii) if paid for by another person but authorized by a political issues committee, clearly
11514     state who paid for the advertisement and that the political issues committee authorized the
11515     advertisement; or
11516          (iii) if not authorized by a political issues committee, clearly state the name of the
11517     person who paid for the advertisement and state that the advertisement is not authorized by any
11518     political issues committee.
11519          (3) The requirements of Subsections (1) and (2) do not apply to:
11520          (a) lawn signs with dimensions of four by eight feet or smaller;
11521          (b) bumper stickers;
11522          (c) campaign pins, buttons, and pens; or
11523          (d) similar small items upon which the disclaimer cannot be conveniently printed.
11524          (4) (a) A person who is not a reporting entity and pays for an electioneering
11525     communication shall file a report with the [lieutenant governor] director within 24 hours of

11526     making the payment or entering into a contract to make the payment.
11527          (b) The report shall include:
11528          (i) the name and address of the person described in Subsection (4)(a);
11529          (ii) the name and address of each person contributing at least $100 to the person
11530     described in Subsection (4)(a) for the purpose of disseminating the electioneering
11531     communication;
11532          (iii) the amount spent on the electioneering communication;
11533          (iv) the name of the identified referenced candidate; and
11534          (v) the medium used to disseminate the electioneering communication.
11535          (5) A person may not, in order to promote the success of any candidate for nomination
11536     or election to any public office, or in connection with any question submitted to the voters,
11537     include or cause to be included the name of any person as endorser or supporter in any political
11538     advertisement, circular, poster, or publication without the express consent of that person.
11539          (6) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of any
11540     newspaper or other periodical to induce the owner, editor, publisher, or agent to advocate or
11541     oppose editorially any candidate for nomination or election.
11542          (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
11543     advocate or oppose editorially any candidate for nomination or election.
11544          Section 200. Section 20A-11-905 is amended to read:
11545          20A-11-905. Election polls -- Disclosure required.
11546          (1) A person who conducts a poll shall disclose to the person being surveyed who paid
11547     for the poll before or at the conclusion of the poll.
11548          (2) The [lieutenant governor] director shall:
11549          (a) impose a $100 fine on a person who fails to make the disclosure required under
11550     Subsection (1); and
11551          (b) deposit the fine described in Subsection (2)(a) [in] into the General Fund.
11552          (3) A person does not violate Subsection (1) if the person is prevented from making the
11553     disclosure at the conclusion of the poll, because the person being surveyed terminates the
11554     survey before the survey is completed.
11555          Section 201. Section 20A-11-1004 is amended to read:
11556     
Part 10. Administration of Campaign Finance Laws - Responsibilities of Office


11557          20A-11-1004. Summary of financial reports of political action committees and
11558     corporations.
11559          (1) The [lieutenant governor's] office shall prepare a summary of each financial report
11560     submitted by each corporation, political action committee, and political issues committee.
11561          (2) Each summary shall include the following information:
11562          (a) for each candidate:
11563          (i) the name of each political action committee and corporation that made expenditures
11564     to the candidate; and
11565          (ii) the aggregate total of expenditures made by each political action committee and
11566     corporation to the candidate;
11567          (b) for each political action committee:
11568          (i) the name of each individual or organization listed on the financial report that made
11569     contributions to the political action committee and the aggregate total of contributions made by
11570     each individual or organization listed on the financial report to the political action committee;
11571     and
11572          (ii) the name of each candidate, personal campaign committee, and political action
11573     committee that received expenditures from a political action committee and the aggregate total
11574     of expenditures made to each candidate, personal campaign committee, and political action
11575     committee;
11576          (c) for each corporation:
11577          (i) the name of each candidate, personal campaign committee, and political action
11578     committee that received expenditures from the corporation, and the aggregate total of
11579     expenditures made by the corporation to each candidate, personal campaign committee, and
11580     political action committee; and
11581          (ii) the name of each individual, entity, or group of individuals or entities that received
11582     disbursements from the corporation, and the aggregate total of disbursements made by the
11583     corporation to each individual, entity, or group of individuals or entities;
11584          (d) for each political issues committee:
11585          (i) the name of each individual or organization listed on the financial report that made
11586     political issues contributions to the political issues committee and the aggregate total of
11587     political issues contributions made by each individual or organization listed on the financial

11588     report to the political issues committee; and
11589          (ii) the name of each individual, entity, or group of individuals or entities that received
11590     political issues expenditures from a political issues committee and the aggregate total of
11591     political issues expenditures made to each individual, entity, or group of individuals or entities.
11592          Section 202. Section 20A-11-1202 is amended to read:
11593          20A-11-1202. Definitions.
11594          As used in this part:
11595          (1) "Applicable election officer" means:
11596          (a) a county clerk, if the email relates only to a local election; or
11597          (b) the [lieutenant governor] director, if the email relates to an election other than a
11598     local election.
11599          (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
11600     judicial retention questions, opinion questions, bond approvals, or other questions submitted to
11601     the voters for their approval or rejection.
11602          (3) "Campaign contribution" means any of the following when done for a political
11603     purpose or to advocate for or against a ballot proposition:
11604          (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
11605     given to a filing entity;
11606          (b) an express, legally enforceable contract, promise, or agreement to make a gift,
11607     subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
11608     of value to a filing entity;
11609          (c) any transfer of funds from another reporting entity to a filing entity;
11610          (d) compensation paid by any person or reporting entity other than the filing entity for
11611     personal services provided without charge to the filing entity;
11612          (e) remuneration from:
11613          (i) any organization or the organization's directly affiliated organization that has a
11614     registered lobbyist; or
11615          (ii) any agency or subdivision of the state, including a school district; or
11616          (f) an in-kind contribution.
11617          (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
11618     agency that receives its revenues from conduct of its commercial operations.

11619          (b) "Commercial interlocal cooperation agency" does not mean an interlocal
11620     cooperation agency that receives some or all of its revenues from:
11621          (i) government appropriations;
11622          (ii) taxes;
11623          (iii) government fees imposed for regulatory or revenue raising purposes; or
11624          (iv) interest earned on public funds or other returns on investment of public funds.
11625          (5) "Expenditure" means:
11626          (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
11627     or anything of value;
11628          (b) an express, legally enforceable contract, promise, or agreement to make any
11629     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
11630     value;
11631          (c) a transfer of funds between a public entity and a candidate's personal campaign
11632     committee;
11633          (d) a transfer of funds between a public entity and a political issues committee; or
11634          (e) goods or services provided to or for the benefit of a candidate, a candidate's
11635     personal campaign committee, or a political issues committee for political purposes at less than
11636     fair market value.
11637          (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
11638          (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
11639     agency that receives some or all of its revenues from:
11640          (a) government appropriations;
11641          (b) taxes;
11642          (c) government fees imposed for regulatory or revenue raising purposes; or
11643          (d) interest earned on public funds or other returns on investment of public funds.
11644          (8) "Influence" means to campaign or advocate for or against a ballot proposition.
11645          (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
11646     under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
11647          (10) "Political purposes" means an act done with the intent or in a way to influence or
11648     intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
11649     against any:

11650          (a) candidate for public office at any caucus, political convention, primary, or election;
11651     or
11652          (b) judge standing for retention at any election.
11653          (11) "Proposed initiative" means an initiative proposed in an application filed under
11654     Section 20A-7-202 or 20A-7-502.
11655          (12) "Proposed referendum" means a referendum proposed in an application filed
11656     under Section 20A-7-302 or 20A-7-602.
11657          (13) (a) "Public entity" includes the state, each state agency, each county, municipality,
11658     school district, special district, governmental interlocal cooperation agency, and each
11659     administrative subunit of each of them.
11660          (b) "Public entity" does not include a commercial interlocal cooperation agency.
11661          (c) "Public entity" includes local health departments created under Title 26A, Local
11662     Health Authorities.
11663          (14) (a) "Public funds" means any money received by a public entity from
11664     appropriations, taxes, fees, interest, or other returns on investment.
11665          (b) "Public funds" does not include money donated to a public entity by a person or
11666     entity.
11667          (15) (a) "Public official" means an elected or appointed member of government with
11668     authority to make or determine public policy.
11669          (b) "Public official" includes the person or group that:
11670          (i) has supervisory authority over the personnel and affairs of a public entity; and
11671          (ii) approves the expenditure of funds for the public entity.
11672          (16) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
11673          (17) (a) "Special district" means an entity under Title 17B, Limited Purpose Local
11674     Government Entities - Special Districts.
11675          (b) "Special district" includes a special service district under Title 17D, Chapter 1,
11676     Special Service District Act.
11677          (18) (a) "State agency" means each department, commission, board, council, agency,
11678     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
11679     unit, bureau, panel, or other administrative unit of the state.
11680          (b) "State agency" includes the legislative branch, the Utah Board of Higher Education,

11681     each institution of higher education board of trustees, and each higher education institution.
11682          Section 203. Section 20A-11-1205 is amended to read:
11683          20A-11-1205. Use of public email for a political purpose.
11684          (1) Except as provided in Subsection (5), a person may not send an email using the
11685     email of a public entity:
11686          (a) for a political purpose;
11687          (b) to advocate for or against a proposed initiative, initiative, proposed referendum,
11688     referendum, a proposed bond, a bond, or any ballot proposition; or
11689          (c) to solicit a campaign contribution.
11690          (2) (a) The [lieutenant governor] director shall, after giving the person and the
11691     complainant notice and an opportunity to be heard, impose a civil fine against a person who
11692     violates Subsection (1) as follows:
11693          (i) up to $250 for a first violation; and
11694          (ii) except as provided in Subsection (3), for each subsequent violation committed after
11695     the [lieutenant governor] director imposes a fine against the person for a first violation, $1,000
11696     multiplied by the number of violations committed by the person.
11697          (b) A person may, within 30 days after the day on which the [lieutenant governor]
11698     director imposes a fine against the person under this Subsection (2), appeal the fine to a district
11699     court.
11700          (3) The [lieutenant governor] director shall consider a violation of this section as a first
11701     violation if the violation is committed more than seven years after the day on which the person
11702     last committed a violation of this section.
11703          (4) For purposes of this section, one violation means one act of sending an email,
11704     regardless of the number of recipients of the email.
11705          (5) A person does not violate this section if:
11706          (a) the [lieutenant governor] director finds that the email described in Subsection (1)
11707     was inadvertently sent by the person using the email of a public entity;
11708          (b) the person is directly providing information solely to another person or a group of
11709     people in response to a question asked by the other person or group of people;
11710          (c) the information the person emails is an argument or rebuttal argument prepared
11711     under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing argument and

11712     rebuttal argument that:
11713          (i) relates to the same proposed initiative, initiative, proposed referendum, or
11714     referendum; and
11715          (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
11716          (d) the person is engaging in:
11717          (i) an internal communication solely within the public entity;
11718          (ii) a communication solely with another public entity;
11719          (iii) a communication solely with legal counsel;
11720          (iv) a communication solely with the sponsors of an initiative or referendum;
11721          (v) a communication solely with a land developer for a project permitted by a local
11722     land use law that is challenged by a proposed referendum or a referendum; or
11723          (vi) a communication solely with a person involved in a business transaction directly
11724     relating to a project described in Subsection (5)(d)(v).
11725          (6) A violation of this section does not invalidate an otherwise valid election.
11726          (7) An email sent in violation of Subsection (1), as determined by the records officer,
11727     constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title
11728     63G, Chapter 2, Government Records Access and Management Act, notwithstanding any
11729     applicability of Subsection 63G-2-103(25)(b)(i).
11730          Section 204. Section 20A-11-1301 is amended to read:
11731          20A-11-1301. School board office -- Campaign finance requirements -- Candidate
11732     as a political action committee officer -- No personal use -- Contribution reporting
11733     deadline -- Report other accounts -- Anonymous contributions.
11734          (1) (a) (i) Each school board office candidate shall deposit each contribution received
11735     in one or more separate accounts in a financial institution that are dedicated only to that
11736     purpose.
11737          (ii) A school board office candidate may:
11738          (A) receive a contribution from a political action committee registered under Section
11739     20A-11-601; and
11740          (B) be designated by a political action committee as an officer who has primary
11741     decision-making authority as described in Section 20A-11-601.
11742          (b) A school board office candidate may not use money deposited in an account

11743     described in Subsection (1)(a)(i) for:
11744          (i) a personal use expenditure; or
11745          (ii) an expenditure prohibited by law.
11746          (c) (i) Each school board officeholder shall deposit each contribution and public
11747     service assistance received in one or more separate accounts in a financial institution that are
11748     dedicated only to that purpose.
11749          (ii) A school board officeholder may:
11750          (A) receive a contribution or public service assistance from a political action
11751     committee registered under Section 20A-11-601; and
11752          (B) be designated by a political action committee as an officer who has primary
11753     decision-making authority as described in Section 20A-11-601.
11754          (d) A school board officeholder may not use money deposited in an account described
11755     in Subsection (1)(a)(i) or (1)(c)(i) for:
11756          (i) a personal use expenditure; or
11757          (ii) an expenditure prohibited by law.
11758          (2) (a) A school board office candidate may not deposit or mingle any contributions
11759     received into a personal or business account.
11760          (b) A school board officeholder may not deposit or mingle any contributions or public
11761     service assistance received into a personal or business account.
11762          (3) A school board office candidate or school board officeholder may not make any
11763     political expenditures prohibited by law.
11764          (4) If a person who is no longer a school board office candidate chooses not to expend
11765     the money remaining in a campaign account, the person shall continue to file the year-end
11766     summary report required by Section 20A-11-1302 until the statement of dissolution and final
11767     summary report required by Section 20A-11-1304 are filed with the [lieutenant governor]
11768     director.
11769          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
11770     is no longer a school board office candidate may not expend or transfer the money in a
11771     campaign account in a manner that would cause the former school board office candidate to
11772     recognize the money as taxable income under federal tax law.
11773          (b) A person who is no longer a school board office candidate may transfer the money

11774     in a campaign account in a manner that would cause the former school board office candidate
11775     to recognize the money as taxable income under federal tax law if the transfer is made to a
11776     campaign account for federal office.
11777          (6) (a) As used in this Subsection (6), "received" means the same as that term is
11778     defined in Subsection 20A-11-1303(1)(a).
11779          (b) Except as provided in Subsection (6)(d), each school board office candidate shall
11780     report to the chief election officer each contribution received by the school board office
11781     candidate:
11782          (i) except as provided in Subsection (6)(b)(ii), within 31 days after the day on which
11783     the contribution is received; or
11784          (ii) within seven business days after the day on which the contribution is received, if:
11785          (A) the school board office candidate is contested in a convention and the contribution
11786     is received within 30 days before the day on which the convention is held;
11787          (B) the school board office candidate is contested in a primary election and the
11788     contribution is received within 30 days before the day on which the primary election is held; or
11789          (C) the school board office candidate is contested in a general election and the
11790     contribution is received within 30 days before the day on which the general election is held.
11791          (c) For each contribution that a school board office candidate fails to report within the
11792     time period described in Subsection (6)(b), the chief election officer shall impose a fine against
11793     the school board office candidate in an amount equal to:
11794          (i) 10% of the amount of the contribution, if the school board office candidate reports
11795     the contribution within 60 days after the day on which the time period described in Subsection
11796     (6)(b) ends; or
11797          (ii) 20% of the amount of the contribution, if the school board office candidate fails to
11798     report the contribution within 60 days after the day on which the time period described in
11799     Subsection (6)(b) ends.
11800          (d) The [lieutenant governor] director may waive the fine described in Subsection
11801     (6)(c) and issue a warning to the school board office candidate if:
11802          (i) the contribution that the school board office candidate fails to report is paid by the
11803     school board office candidate from the school board office candidate's personal funds;
11804          (ii) the school board office candidate has not previously violated Subsection (6)(c) in

11805     relation to a contribution paid by the school board office candidate from the school board office
11806     candidate's personal funds; and
11807          (iii) the [lieutenant governor] director determines that the failure to timely report the
11808     contribution is due to the school board office candidate not understanding that the reporting
11809     requirement includes a contribution paid by a school board office candidate from the school
11810     board office candidate's personal funds.
11811          (e) The chief election officer shall:
11812          (i) deposit money received under Subsection (6)(c) into the General Fund; and
11813          (ii) report on the chief election officer's website, in the location where reports relating
11814     to each school board office candidate are available for public access:
11815          (A) each fine imposed by the chief election officer against the school board office
11816     candidate;
11817          (B) the amount of the fine;
11818          (C) the amount of the contribution to which the fine relates; and
11819          (D) the date of the contribution.
11820          (7) Within 31 days after receiving a contribution that is cash or a negotiable
11821     instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
11822     disburse the contribution to an organization that is exempt from federal income taxation under
11823     Section 501(c)(3), Internal Revenue Code.
11824          (8) (a) As used in this Subsection (8), "account" means an account in a financial
11825     institution:
11826          (i) that is not described in Subsection (1)(a)(i); and
11827          (ii) into which or from which a person who, as a candidate for an office, other than a
11828     school board office for which the person files a declaration of candidacy or federal office, or as
11829     a holder of an office, other than a school board office for which the person files a declaration of
11830     candidacy or federal office, deposits a contribution or makes an expenditure.
11831          (b) A school board office candidate shall include on any financial statement filed in
11832     accordance with this part:
11833          (i) a contribution deposited in an account:
11834          (A) since the last campaign finance statement was filed; or
11835          (B) that has not been reported under a statute or ordinance that governs the account; or

11836          (ii) an expenditure made from an account:
11837          (A) since the last campaign finance statement was filed; or
11838          (B) that has not been reported under a statute or ordinance that governs the account.
11839          Section 205. Section 20A-11-1303 is amended to read:
11840          20A-11-1303. School board office candidate and school board officeholder --
11841     Financial reporting requirements -- Interim reports.
11842          (1) (a) As used in this section, "received" means:
11843          (i) for a cash contribution, that the cash is given to a school board office candidate or a
11844     member of the school board office candidate's personal campaign committee;
11845          (ii) for a contribution that is a check or other negotiable instrument, that the check or
11846     other negotiable instrument is negotiated;
11847          (iii) for a direct deposit made into a campaign account by a person not associated with
11848     the campaign, the earlier of:
11849          (A) the day on which the school board office candidate or a member of the school
11850     board office candidate's personal campaign committee becomes aware of the deposit and the
11851     source of the deposit;
11852          (B) the day on which the school board office candidate or a member of the school
11853     board office candidate's personal campaign committee receives notice of the deposit and the
11854     source of the deposit by mail, email, text, or similar means; or
11855          (C) 31 days after the day on which the direct deposit occurs; or
11856          (iv) for any other type of contribution, that any portion of the contribution's benefit
11857     inures to the school board office candidate.
11858          (b) As used in this Subsection (1), "campaign account" means a separate campaign
11859     account required under Subsection 20A-11-1301(1)(a)(i) or (c)(i).
11860          (c) Each school board office candidate shall file an interim report at the following
11861     times in any year in which the candidate has filed a declaration of candidacy for a public office:
11862          (i) May 15;
11863          (ii) seven days before the regular primary election date;
11864          (iii) September 30; and
11865          (iv) seven days before the regular general election date.
11866          (2) Each interim report shall include the following information:

11867          (a) the net balance of the last summary report, if any;
11868          (b) a single figure equal to the total amount of receipts reported on all prior interim
11869     reports, if any, during the calendar year in which the interim report is due;
11870          (c) a single figure equal to the total amount of expenditures reported on all prior
11871     interim reports, if any, filed during the calendar year in which the interim report is due;
11872          (d) a detailed listing of:
11873          (i) for a school board office candidate, each contribution received since the last
11874     summary report that has not been reported in detail on a prior interim report; or
11875          (ii) for a school board officeholder, each contribution and public service assistance
11876     received since the last summary report that has not been reported in detail on a prior interim
11877     report;
11878          (e) for each nonmonetary contribution:
11879          (i) the fair market value of the contribution with that information provided by the
11880     contributor; and
11881          (ii) a specific description of the contribution;
11882          (f) a detailed listing of each expenditure made since the last summary report that has
11883     not been reported in detail on a prior interim report;
11884          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
11885          (h) a net balance for the year consisting of the net balance from the last summary
11886     report, if any, plus all receipts since the last summary report minus all expenditures since the
11887     last summary report;
11888          (i) a summary page in the form required by the [lieutenant governor] director that
11889     identifies:
11890          (i) beginning balance;
11891          (ii) total contributions during the period since the last statement;
11892          (iii) total contributions to date;
11893          (iv) total expenditures during the period since the last statement; and
11894          (v) total expenditures to date; and
11895          (j) the name of a political action committee for which the school board office candidate
11896     or school board officeholder is designated as an officer who has primary decision-making
11897     authority under Section 20A-11-601.

11898          (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
11899     as of five days before the required filing date of the report.
11900          (b) Any negotiable instrument or check received by a school board office candidate or
11901     school board officeholder more than five days before the required filing date of a report
11902     required by this section shall be included in the interim report.
11903          Section 206. Section 20A-11-1304 is amended to read:
11904          20A-11-1304. School board office candidate -- Financial reporting requirements
11905     -- Termination of duty to report.
11906          (1) Each school board candidate is subject to interim reporting requirements until the
11907     candidate withdraws or is eliminated in a primary.
11908          (2) Each school board office candidate is subject to year-end summary reporting
11909     requirements until the candidate has filed a statement of dissolution with the [lieutenant
11910     governor] director stating that:
11911          (a) the school board office candidate is no longer receiving contributions and is no
11912     longer making expenditures;
11913          (b) the ending balance on the last summary report filed is zero and the balance in the
11914     separate bank account required in Section 20A-11-1301 is zero; and
11915          (c) a final summary report in the form required by Section 20A-11-1302 showing a
11916     zero balance is attached to the statement of dissolution.
11917          (3) A statement of dissolution and a final summary report may be filed at any time.
11918          (4) Each school board office candidate shall continue to file the year-end summary
11919     report required by Section 20A-11-1302 until the statement of dissolution and final summary
11920     report required by this section are filed.
11921          Section 207. Section 20A-11-1305 is amended to read:
11922          20A-11-1305. School board office candidate -- Failure to file statement --
11923     Penalties.
11924          (1) A school board office candidate who fails to file a financial statement by the
11925     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
11926          (2) If a school board office candidate fails to file an interim report described in
11927     Subsections 20A-11-1303(1)(c)(i) through (iv), the [lieutenant governor] director may send an
11928     electronic notice to the school board office candidate and the political party of which the school

11929     board office candidate is a member, if any, that states:
11930          (a) that the school board office candidate failed to timely file the report; and
11931          (b) that, if the school board office candidate fails to file the report within 24 hours after
11932     the deadline for filing the report, the school board office candidate will be disqualified and the
11933     political party will not be permitted to replace the candidate.
11934          (3) (a) The [lieutenant governor] director shall disqualify a school board office
11935     candidate and inform the county clerk and other appropriate election officials that the school
11936     board office candidate is disqualified if the school board office candidate fails to file an interim
11937     report described in Subsections 20A-11-1303(1)(c)(i) through (iv) within 24 hours after the
11938     deadline for filing the report.
11939          (b) The political party of a school board office candidate who is disqualified under
11940     Subsection (3)(a) may not replace the school board office candidate.
11941          (4) If a school board office candidate is disqualified under Subsection (3)(a), the
11942     election officer shall:
11943          (a) notify every opposing candidate for the school board office that the school board
11944     office candidate is disqualified;
11945          (b) send an email notification to each voter who is eligible to vote in the school board
11946     office race for whom the election officer has an email address informing the voter that the
11947     school board office candidate is disqualified and that votes cast for the school board office
11948     candidate will not be counted;
11949          (c) post notice of the disqualification on the election officer's website; and
11950          (d) if practicable, remove the school board office candidate's name from the ballot.
11951          (5) An election officer may fulfill the requirement described in Subsection (4) in
11952     relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
11953     written notice directing the voter to the election officer's website to inform the voter whether a
11954     candidate on the ballot is disqualified.
11955          (6) A school board office candidate is not disqualified if:
11956          (a) the school board office candidate files the reports described in Subsections
11957     20A-11-1303(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for
11958     filing the reports;
11959          (b) the reports are completed, detailing accurately and completely the information

11960     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
11961     and
11962          (c) the omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in
11963     an amended report or the next scheduled report.
11964          (7) (a) Within 60 days after a deadline for the filing of a summary report, the
11965     [lieutenant governor] director shall review each filed summary report to ensure that:
11966          (i) each school board office candidate who is required to file a summary report has
11967     filed the report; and
11968          (ii) each summary report contains the information required by this part.
11969          (b) If it appears that a school board office candidate has failed to file the summary
11970     report required by law, if it appears that a filed summary report does not conform to the law, or
11971     if the [lieutenant governor] director has received a written complaint alleging a violation of the
11972     law or the falsity of any summary report, the [lieutenant governor] director shall, within five
11973     days of discovery of a violation or receipt of a written complaint, notify the school board office
11974     candidate of the violation or written complaint and direct the school board office candidate to
11975     file a summary report correcting the problem.
11976          (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
11977     summary report within seven days after receiving the notice described in Subsection (7)(b)
11978     from the [lieutenant governor] director.
11979          (ii) Each school board office candidate who violates Subsection (7)(c)(i) is guilty of a
11980     class B misdemeanor.
11981          (iii) The [lieutenant governor] director shall report all violations of Subsection
11982     (7)(c)(i) to the attorney general.
11983          (iv) In addition to the criminal penalty described in Subsection (7)(c)(ii), the
11984     [lieutenant governor] director shall impose a civil fine of $100 against a school board office
11985     candidate who violates Subsection (7)(c)(i).
11986          Section 208. Section 20A-11-1502 is amended to read:
11987          20A-11-1502. Campaign financial reporting of expenditures -- Filing
11988     requirements -- Statement contents.
11989          (1) (a) Each labor organization that has made expenditures for political purposes or
11990     political issues expenditures on current or proposed ballot issues that total at least $750 during

11991     a calendar year shall file a verified financial statement with the [lieutenant governor's] office:
11992          (i) on January 10, reporting expenditures as of December 31 of the previous year;
11993          (ii) seven days before the regular primary election date;
11994          (iii) on September 30; and
11995          (iv) seven days before the regular general election date.
11996          (b) The labor organization shall report:
11997          (i) a detailed listing of all expenditures made since the last statement; and
11998          (ii) for a financial statement described in Subsections (1)(a)(ii) through (iv), all
11999     expenditures as of five days before the required filing date of the financial statement.
12000          (c) The labor organization is not required to file a financial statement under this section
12001     if the labor organization:
12002          (i) made no expenditures during the reporting period; or
12003          (ii) reports the labor organization's expenditures during the reporting period under
12004     another part of this chapter.
12005          (2) The financial statement shall include:
12006          (a) the name and address of each reporting entity that received an expenditure or
12007     political issues expenditure of more than $50 from the labor organization, and the amount of
12008     each expenditure or political issues expenditure;
12009          (b) the total amount of expenditures disbursed by the labor organization; and
12010          (c) a statement by the labor organization's treasurer or chief financial officer certifying
12011     the accuracy of the financial statement.
12012          Section 209. Section 20A-11-1503 is amended to read:
12013          20A-11-1503. Criminal penalties -- Fines.
12014          (1) Within 60 days after a deadline for the filing of a financial statement required by
12015     this part, the [lieutenant governor] director shall review each filed financial statement to ensure
12016     that:
12017          (a) each labor organization that is required to file a financial statement has filed one;
12018     and
12019          (b) each financial statement contains the information required by this part.
12020          (2) If it appears that any labor organization has failed to file a financial statement, if it
12021     appears that a filed financial statement does not conform to the law, or if the [lieutenant

12022     governor] director has received a written complaint alleging a violation of the law or the falsity
12023     of a financial statement, the [lieutenant governor] director shall:
12024          (a) impose a fine against the labor organization in accordance with Section
12025     20A-11-1005; and
12026          (b) within five days of discovery of a violation or receipt of a written complaint, notify
12027     the labor organization of the violation or written complaint and direct the labor organization to
12028     file a financial statement correcting the problem.
12029          (3) (a) It is unlawful for any labor organization to fail to file or amend a financial
12030     statement within seven days after receiving notice from the [lieutenant governor] director under
12031     this section.
12032          (b) Each labor organization that violates Subsection (3)(a) is guilty of a class B
12033     misdemeanor.
12034          (c) The [lieutenant governor] director shall report all violations of Subsection (3)(a) to
12035     the attorney general.
12036          (d) In addition to the criminal penalty described in Subsection (3)(b), the [lieutenant
12037     governor] director shall impose a civil fine of $1,000 against a labor organization that violates
12038     Subsection (3)(a).
12039          Section 210. Section 20A-11-1602 is amended to read:
12040          20A-11-1602. Definitions.
12041          As used in this part:
12042          (1) "Conflict of interest" means an action that is taken by a regulated officeholder that
12043     the officeholder reasonably believes may cause direct financial benefit or detriment to the
12044     officeholder, a member of the officeholder's immediate family, or an individual or entity that
12045     the officeholder is required to disclose under the provisions of this section, if that benefit or
12046     detriment is distinguishable from the effects of that action on the public or on the officeholder's
12047     profession, occupation, or association generally.
12048          (2) "Conflict of interest disclosure" means a disclosure, on the website, of all
12049     information required under Section 20A-11-1604.
12050          (3) "Entity" means a corporation, a partnership, a limited liability company, a limited
12051     partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
12052     venture, a governmental entity, an unincorporated organization, or any other legal entity,

12053     regardless of whether it is established primarily for the purpose of gain or economic profit.
12054          (4) "Filing officer" means:
12055          (a) the [lieutenant governor] director, for the office of a state constitutional officer or
12056     State Board of Education member; or
12057          (b) the [lieutenant governor] director or the county clerk in the county of the
12058     candidate's residence, for a state legislative office.
12059          (5) "Immediate family" means the regulated officeholder's spouse, a child living in the
12060     regulated officeholder's immediate household, or an individual claimed as a dependent for state
12061     or federal income tax purposes by the regulated officeholder.
12062          (6) "Income" means earnings, compensation, or any other payment made to an
12063     individual for gain, regardless of source, whether denominated as wages, salary, commission,
12064     pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
12065     reimbursement, dividends, or otherwise.
12066          (7) (a) "Owner or officer" means an individual who owns an ownership interest in an
12067     entity or holds a position where the person has authority to manage, direct, control, or make
12068     decisions for:
12069          (i) the entity or a portion of the entity; or
12070          (ii) an employee, agent, or independent contractor of the entity.
12071          (b) "Owner or officer" includes:
12072          (i) a member of a board of directors or other governing body of an entity; or
12073          (ii) a partner in any type of partnership.
12074          (8) "Preceding year" means the year immediately preceding the day on which the
12075     regulated officeholder makes a conflict of interest disclosure.
12076          (9) "Regulated officeholder" means an individual who is required to make a conflict of
12077     interest disclosure under the provisions of this part.
12078          (10) "State constitutional officer" means the governor, the lieutenant governor, the state
12079     auditor, the state treasurer, or the attorney general.
12080          (11) "Website" means the Candidate and Officeholder Conflict of Interest Disclosure
12081     Website described in Section 20A-11-1602.5.
12082          Section 211. Section 20A-11-1602.5 is amended to read:
12083          20A-11-1602.5. Candidate and Officeholder Conflict of Interest Disclosure

12084     Website.
12085          (1) The [lieutenant governor] director shall, in cooperation with the county clerks,
12086     establish and administer a Candidate and Officeholder Conflict of Interest Disclosure Website.
12087          (2) The website shall:
12088          (a) permit a candidate or officeholder to securely access the website for the purpose of:
12089          (i) complying with the conflict of interest disclosure requirements described in this
12090     part; and
12091          (ii) editing conflict of interest disclosures;
12092          (b) contain a record of all conflict of interest disclosures and edits made by the
12093     candidate or officeholder for at least the preceding four years; and
12094          (c) permit any person to view a conflict of interest disclosure made by a candidate or
12095     officeholder.
12096          Section 212. Section 20A-11-1603 is amended to read:
12097          20A-11-1603. Conflict of interest disclosure -- Required when filing for candidacy
12098     -- Public availability.
12099          (1) (a) Except as provided in Subsection (1)(c), candidates seeking the following
12100     offices shall make a complete conflict of interest disclosure on the website at the time of filing
12101     a declaration of candidacy:
12102          (i) state constitutional officer;
12103          (ii) state legislator; or
12104          (iii) State Board of Education member.
12105          (b) A candidate who fails to comply with Subsection (1)(a) shall make a complete
12106     conflict of interest disclosure on the website no later than 5:00 p.m. on January 10.
12107          (c) A candidate is not required to comply with Subsection (1)(a) if the candidate:
12108          (i) currently holds the office for which the candidate is seeking reelection;
12109          (ii) already, that same year, filed the conflict of interest disclosure for the office
12110     described in Subsection (1)(c)(i), in accordance Section 20A-11-1604; and
12111          (iii) at the time the candidate files the declaration of candidacy, indicates, in writing,
12112     that the conflict of interest disclosure described in Subsection (1)(c)(ii) is updated and accurate
12113     as of the date of filing the declaration of candidacy.
12114          (2) Except as provided in Subsection (1)(c), a filing officer:

12115          (a) shall provide electronic notice to a candidate who fails to comply with Subsection
12116     (1)(a) that the candidate must make a complete conflict of interest disclosure on the website no
12117     later than the deadline described in Subsection (1)(b); and
12118          (b) may not accept a declaration of candidacy for an office listed in Subsection (1)(a)
12119     until the candidate makes a complete conflict of interest disclosure on the website.
12120          (3) The conflict of interest disclosure described in Subsection (1)(a) shall contain the
12121     same requirements and shall be in the same format as the conflict of interest disclosure
12122     described in Section 20A-11-1604.
12123          (4) The [lieutenant governor] director shall make the complete conflict of interest
12124     disclosure made by each candidate available for public inspection on the website.
12125          Section 213. Section 20A-11-1604 is amended to read:
12126          20A-11-1604. Failure to disclose conflict of interest -- Failure to comply with
12127     reporting requirements.
12128          (1) (a) Before or during the execution of any order, settlement, declaration, contract, or
12129     any other official act of office in which a state constitutional officer has actual knowledge that
12130     the state constitutional officer has a conflict of interest that is not stated in the conflict of
12131     interest disclosure, the state constitutional officer shall publicly declare that the state
12132     constitutional officer may have a conflict of interest and what that conflict of interest is.
12133          (b) Before or during any vote on legislation or any legislative matter in which a
12134     legislator has actual knowledge that the legislator has a conflict of interest that is not stated in
12135     the conflict of interest disclosure, the legislator shall orally declare to the committee or body
12136     before which the matter is pending that the legislator may have a conflict of interest and what
12137     that conflict is.
12138          (c) Before or during any vote on any rule, resolution, order, or any other board matter
12139     in which a member of the State Board of Education has actual knowledge that the member has
12140     a conflict of interest that is not stated in the conflict of interest disclosure, the member shall
12141     orally declare to the board that the member may have a conflict of interest and what that
12142     conflict of interest is.
12143          (2) Any public declaration of a conflict of interest that is made under Subsection (1)
12144     shall be noted:
12145          (a) on the official record of the action taken, for a state constitutional officer;

12146          (b) in the minutes of the committee meeting or in the Senate or House Journal, as
12147     applicable, for a legislator; or
12148          (c) in the minutes of the meeting or on the official record of the action taken, for a
12149     member of the State Board of Education.
12150          (3) A state constitutional officer shall make a complete conflict of interest disclosure
12151     on the website:
12152          (a) (i) no sooner than January 1 each year, and before January 11 each year; or
12153          (ii) if the state constitutional officer takes office after January 10, within 10 days after
12154     the day on which the state constitutional officer takes office; and
12155          (b) each time the state constitutional officer changes employment.
12156          (4) A legislator shall make a complete conflict of interest disclosure on the website:
12157          (a) (i) no sooner than January 1 each year, and before January 11 each year; or
12158          (ii) if the legislator takes office after January 10, within 10 days after the day on which
12159     the legislator takes office; and
12160          (b) each time the legislator changes employment.
12161          (5) A member of the State Board of Education shall make a complete conflict of
12162     interest disclosure on the website:
12163          (a) (i) no sooner than January 1 each year, and before January 11 each year; or
12164          (ii) if the member takes office after January 10, within 10 days after the day on which
12165     the member takes office; and
12166          (b) each time the member changes employment.
12167          (6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall
12168     include:
12169          (a) the regulated officeholder's name;
12170          (b) the name and address of each of the regulated officeholder's current employers and
12171     each of the regulated officeholder's employers during the preceding year;
12172          (c) for each employer described in Subsection (6)(b), a brief description of the
12173     employment, including the regulated officeholder's occupation and, as applicable, job title;
12174          (d) for each entity in which the regulated officeholder is an owner or officer, or was an
12175     owner or officer during the preceding year:
12176          (i) the name of the entity;

12177          (ii) a brief description of the type of business or activity conducted by the entity; and
12178          (iii) the regulated officeholder's position in the entity;
12179          (e) in accordance with Subsection (7), for each individual from whom, or entity from
12180     which, the regulated officeholder has received $5,000 or more in income during the preceding
12181     year:
12182          (i) the name of the individual or entity; and
12183          (ii) a brief description of the type of business or activity conducted by the individual or
12184     entity;
12185          (f) for each entity in which the regulated officeholder holds any stocks or bonds having
12186     a fair market value of $5,000 or more as of the date of the disclosure form or during the
12187     preceding year, but excluding funds that are managed by a third party, including blind trusts,
12188     managed investment accounts, and mutual funds:
12189          (i) the name of the entity; and
12190          (ii) a brief description of the type of business or activity conducted by the entity;
12191          (g) for each entity not listed in Subsections (6)(d) through (f) in which the regulated
12192     officeholder currently serves, or served in the preceding year, in a paid leadership capacity or in
12193     a paid or unpaid position on a board of directors:
12194          (i) the name of the entity or organization;
12195          (ii) a brief description of the type of business or activity conducted by the entity; and
12196          (iii) the type of position held by the regulated officeholder;
12197          (h) at the option of the regulated officeholder, a description of any real property in
12198     which the regulated officeholder holds an ownership or other financial interest that the
12199     regulated officeholder believes may constitute a conflict of interest, including a description of
12200     the type of interest held by the regulated officeholder in the property;
12201          (i) the name of the regulated officeholder's spouse and any other adult residing in the
12202     regulated officeholder's household who is not related by blood or marriage, as applicable;
12203          (j) for the regulated officeholder's spouse, the information that a regulated officeholder
12204     is required to provide under Subsection (6)(b);
12205          (k) a brief description of the employment and occupation of each adult who:
12206          (i) resides in the regulated officeholder's household; and
12207          (ii) is not related to the regulated officeholder by blood or marriage;

12208          (l) at the option of the regulated officeholder, a description of any other matter or
12209     interest that the regulated officeholder believes may constitute a conflict of interest;
12210          (m) the date the form was completed;
12211          (n) a statement that the regulated officeholder believes that the form is true and
12212     accurate to the best of the regulated officeholder's knowledge; and
12213          (o) the signature of the regulated officeholder.
12214          (7) In making the disclosure described in Subsection (6)(e), a regulated officeholder
12215     who provides goods or services to multiple customers or clients as part of a business or a
12216     licensed profession is only required to provide the information described in Subsection (6)(e) in
12217     relation to the entity or practice through which the regulated officeholder provides the goods or
12218     services and is not required to provide the information described in Subsection (6)(e) in
12219     relation to the regulated officeholder's individual customers or clients.
12220          (8) The disclosure requirements described in this section do not prohibit a regulated
12221     officeholder from voting or acting on any matter.
12222          (9) A regulated officeholder may amend a conflict of interest disclosure described in
12223     this part at any time.
12224          (10) A regulated officeholder who violates the requirements of Subsection (1) is guilty
12225     of a class B misdemeanor.
12226          (11) (a) A regulated officeholder who intentionally or knowingly violates a provision
12227     of this section, other than Subsection (1), is guilty of a class B misdemeanor.
12228          (b) In addition to the criminal penalty described in Subsection (11)(a), the [lieutenant
12229     governor] director shall impose a civil penalty of $100 against a regulated officeholder who
12230     violates a provision of this section, other than Subsection (1).
12231          Section 214. Section 20A-11-1605 is amended to read:
12232          20A-11-1605. Failure to file -- Penalties.
12233          (1) Within 60 days after the day on which a regulated officeholder is required to file a
12234     conflict of interest disclosure under Subsection 20A-11-1604(3), (4) or (5), the [lieutenant
12235     governor] director shall review each filed conflict of interest disclosure to ensure that:
12236          (a) each regulated officeholder who is required to file a conflict of interest disclosure
12237     has filed one; and
12238          (b) each conflict of interest disclosure contains the information required under Section

12239     20A-11-1604.
12240          (2) The [lieutenant governor] director shall take the action described in Subsection (3)
12241     if:
12242          (a) a regulated officeholder has failed to timely file a conflict of interest disclosure;
12243          (b) a filed conflict of interest disclosure does not comply with the requirements of
12244     Section 20A-11-1604; or
12245          (c) the [lieutenant governor] director receives a written complaint alleging a violation
12246     of Section 20A-11-1604, other than Subsection 20A-11-1604(1), and after receiving the
12247     complaint and giving the regulated officeholder notice and an opportunity to be heard, the
12248     [lieutenant governor] director determines that a violation occurred.
12249          (3) If a circumstance described in Subsection (2) occurs, the [lieutenant governor]
12250     director shall, within five days after the day on which the [lieutenant governor] director
12251     determines that a violation occurred, notify the regulated officeholder of the violation and
12252     direct the regulated officeholder to file an amended report correcting the problem.
12253          (4) (a) It is unlawful for a regulated officeholder to fail to file or amend a conflict of
12254     interest disclosure within seven days after the day on which the regulated officeholder receives
12255     the notice described in Subsection (3).
12256          (b) A regulated officeholder who violates Subsection (4)(a) is guilty of a class B
12257     misdemeanor.
12258          (c) The [lieutenant governor] director shall report all violations of Subsection (4)(a) to
12259     the attorney general.
12260          (d) In addition to the criminal penalty described in Subsection (4)(b), the [lieutenant
12261     governor] director shall impose a civil fine of $100 against a regulated officeholder who
12262     violates Subsection (4)(a).
12263          (5) The [lieutenant governor] director shall deposit a fine collected under this part into
12264     the General Fund as a dedicated credit to pay for the costs of administering the provisions of
12265     this part.
12266          Section 215. Section 20A-11-1606 is amended to read:
12267          20A-11-1606. Link to conflict of interest disclosure on Legislature's website.
12268          The Legislature's website shall include, for each legislative officeholder, a link to the
12269     conflict of interest disclosure on the website maintained by the [lieutenant governor] director in

12270     relation to that legislative officeholder.
12271          Section 216. Section 20A-12-201 (Superseded 07/01/24) is amended to read:
12272          20A-12-201 (Superseded 07/01/24). Judicial appointees -- Retention elections.
12273          (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
12274     at the first general election held more than three years after the judge or justice was appointed.
12275          (b) After the first retention election:
12276          (i) each Supreme Court justice shall be on the regular general election ballot for an
12277     unopposed retention election every tenth year; and
12278          (ii) each judge of other courts shall be on the regular general election ballot for an
12279     unopposed retention election every sixth year.
12280          (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
12281     the year the justice or judge is subject to a retention election:
12282          (i) file a declaration of candidacy with the [lieutenant governor] director, or with the
12283     county clerk in the candidate's county of residence, within the period beginning on July 1 and
12284     ending at 5 p.m. on July 15 in the year of a regular general election; and
12285          (ii) pay a filing fee of $50.
12286          (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
12287     court judge is subject to a retention election:
12288          (A) file a declaration of candidacy with the [lieutenant governor] director, or with the
12289     county clerk in the candidate's county of residence, within the period beginning on July 1 and
12290     ending at 5 p.m. on July 15 in the year of a regular general election; and
12291          (B) pay a filing fee of $25 for each judicial office.
12292          (ii) If a justice court judge is appointed or elected to more than one judicial office, the
12293     declaration of candidacy shall identify all of the courts included in the same general election.
12294          (iii) If a justice court judge is appointed or elected to more than one judicial office,
12295     filing a declaration of candidacy in one county in which one of those courts is located is valid
12296     for the courts in any other county.
12297          (3) (a) The [lieutenant governor] director shall, no later than August 31 of each regular
12298     general election year:
12299          (i) transmit a certified list containing the names of the justices of the Supreme Court
12300     and judges of the Court of Appeals declaring their candidacy to the county clerk of each

12301     county; and
12302          (ii) transmit a certified list containing the names of judges of other courts declaring
12303     their candidacy to the county clerk of each county in the geographic division in which the judge
12304     filing the declaration holds office.
12305          (b) Each county clerk shall place the names of justices and judges standing for
12306     retention election in the nonpartisan section of the ballot.
12307          (4) (a) At the general election, the ballots shall contain:
12308          (i) at the beginning of the judicial retention section of the ballot, the following
12309     statement:
12310          "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
12311     Commission's recommendations for each judge"; and
12312          (ii) as to each justice or judge of any court to be voted on in the county, the following
12313     question:
12314          "Shall ______________________________(name of justice or judge) be retained in the
12315     office of ___________________________? (name of office, such as "Justice of the Supreme
12316     Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
12317     Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
12318     "Justice Court Judge of (name of county) County or (name of municipality)")
12319          Yes ()
12320          No ()."
12321          (b) If a justice court exists by means of an interlocal agreement under Section
12322     78A-7-102, the ballot question for the judge shall include the name of that court.
12323          (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
12324     is retained for the term of office provided by law.
12325          (b) If the justice or judge does not receive more yes votes than no votes, the justice or
12326     judge is not retained, and a vacancy exists in the office on the first Monday in January after the
12327     regular general election.
12328          (6) A justice or judge not retained is ineligible for appointment to the office for which
12329     the justice or judge was defeated until after the expiration of that term of office.
12330          (7) (a) If a justice court judge is standing for retention for one or more judicial offices
12331     in a county in which the judge is a county justice court judge or a municipal justice court judge

12332     in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any
12333     combination thereof, the election officer shall place the judge's name on the county ballot only
12334     once for all judicial offices for which the judge seeks to be retained.
12335          (b) If a justice court judge is standing for retention for one or more judicial offices in a
12336     municipality of the first, second, or third class, as described in Section 10-2-301, the election
12337     officer shall place the judge's name only on the municipal ballot for the voters of the
12338     municipality that the judge serves.
12339          Section 217. Section 20A-12-201 (Effective 07/01/24) is amended to read:
12340          20A-12-201 (Effective 07/01/24). Judicial appointees -- Retention elections.
12341          (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
12342     at the first general election held more than three years after the judge or justice was appointed.
12343          (b) After the first retention election:
12344          (i) each Supreme Court justice shall be on the regular general election ballot for an
12345     unopposed retention election every tenth year; and
12346          (ii) each judge of other courts shall be on the regular general election ballot for an
12347     unopposed retention election every sixth year.
12348          (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
12349     the year the justice or judge is subject to a retention election:
12350          (i) file a declaration of candidacy with the [lieutenant governor] director, or with the
12351     county clerk in the candidate's county of residence, within the period beginning on July 1 and
12352     ending at 5 p.m. on July 15 in the year of a regular general election; and
12353          (ii) pay a filing fee of $50.
12354          (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
12355     court judge is subject to a retention election:
12356          (A) file a declaration of candidacy with the [lieutenant governor] director, or with the
12357     county clerk in the candidate's county of residence, within the period beginning on July 1 and
12358     ending at 5 p.m. on July 15 in the year of a regular general election; and
12359          (B) pay a filing fee of $25 for each judicial office.
12360          (ii) If a justice court judge is appointed or elected to more than one judicial office, the
12361     declaration of candidacy shall identify all of the courts included in the same general election.
12362          (iii) If a justice court judge is appointed or elected to more than one judicial office,

12363     filing a declaration of candidacy in one county in which one of those courts is located is valid
12364     for the courts in any other county.
12365          (3) (a) The [lieutenant governor] director shall, no later than August 31 of each regular
12366     general election year:
12367          (i) transmit a certified list containing the names of the justices of the Supreme Court,
12368     judges of the Court of Appeals, and judges of the Business and Chancery Court declaring their
12369     candidacy to the county clerk of each county; and
12370          (ii) transmit a certified list containing the names of judges of other courts declaring
12371     their candidacy to the county clerk of each county in the geographic division in which the judge
12372     filing the declaration holds office.
12373          (b) Each county clerk shall place the names of justices and judges standing for
12374     retention election in the nonpartisan section of the ballot.
12375          (4) (a) At the general election, the ballots shall contain:
12376          (i) at the beginning of the judicial retention section of the ballot, the following
12377     statement:
12378          "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
12379     Commission's recommendations for each judge"; and
12380          (ii) as to each justice or judge of any court to be voted on in the county, the following
12381     question:
12382          "Shall ______________________________(name of justice or judge) be retained in the
12383     office of ___________________________? (name of office, such as "Justice of the Supreme
12384     Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
12385     Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
12386     Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
12387     County or (name of municipality)")
12388          Yes ()
12389          No ()."
12390          (b) If a justice court exists by means of an interlocal agreement under Section
12391     78A-7-102, the ballot question for the judge shall include the name of that court.
12392          (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
12393     is retained for the term of office provided by law.

12394          (b) If the justice or judge does not receive more yes votes than no votes, the justice or
12395     judge is not retained, and a vacancy exists in the office on the first Monday in January after the
12396     regular general election.
12397          (6) A justice or judge not retained is ineligible for appointment to the office for which
12398     the justice or judge was defeated until after the expiration of that term of office.
12399          (7) (a) If a justice court judge is standing for retention for one or more judicial offices
12400     in a county in which the judge is a county justice court judge or a municipal justice court judge
12401     in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any
12402     combination thereof, the election officer shall place the judge's name on the county ballot only
12403     once for all judicial offices for which the judge seeks to be retained.
12404          (b) If a justice court judge is standing for retention for one or more judicial offices in a
12405     municipality of the first, second, or third class, as described in Section 10-2-301, the election
12406     officer shall place the judge's name only on the municipal ballot for the voters of the
12407     municipality that the judge serves.
12408          Section 218. Section 20A-12-302 is amended to read:
12409          20A-12-302. Campaign committee required.
12410          (1) (a) When permitted to do so by the Code of Judicial Conduct promulgated by the
12411     Utah Supreme Court, and if the judge chooses to solicit contributions or make expenditures to
12412     promote his retention, the judge may establish no more than one retention election personal
12413     campaign committee, consisting of one or more persons, to receive contributions, make
12414     expenditures, and shall file reports connected with the judge's retention election campaign.
12415          (b) A judge or person acting in concert with or with the knowledge of the judge may
12416     not receive any contributions or make any expenditures other than through the personal
12417     campaign committee established under this section.
12418          (2) (a) The judge shall file with the [lieutenant governor] director a signed written
12419     statement containing the name and address of each member and the secretary of the judge's
12420     personal campaign committee.
12421          (b) The judge may change the membership of the personal campaign committee at any
12422     time by filing with the [lieutenant governor] director a signed statement containing the name
12423     and address of any additional members and identifying any members that have been removed
12424     from the committee.

12425          (c) The judge or the judge's personal campaign committee may not make any
12426     expenditures on behalf of the judge until the statement has been filed.
12427          (3) (a) The judge's personal campaign committee may not make an expenditure of more
12428     than $1,000 unless the judge or the secretary of the personal campaign committee authorizes
12429     the expenditure in writing.
12430          (b) A judge or the judge's personal campaign committee may not make any
12431     expenditures prohibited by law.
12432          (4) A judge's personal campaign committee is dissolved on the date that the summary
12433     report required by Section 20A-12-304 is filed.
12434          Section 219. Section 20A-12-303 is amended to read:
12435          20A-12-303. Separate account for campaign funds -- Reporting contributions.
12436          (1) The judge or the judge's personal campaign committee shall deposit each
12437     contribution in one or more separate personal campaign accounts in a financial institution.
12438          (2) The judge or the judge's personal campaign committee may not deposit or mingle
12439     any contributions received into a personal or business account.
12440          (3) (a) As used in this Subsection (3) and Section 20A-12-305, "received" means:
12441          (i) for a cash contribution, that the cash is given to a judge or the judge's personal
12442     campaign committee;
12443          (ii) for a contribution that is a negotiable instrument or check, that the negotiable
12444     instrument or check is negotiated; and
12445          (iii) for any other type of contribution, that any portion of the contribution's benefit
12446     inures to the judge.
12447          (b) The judge or the judge's personal campaign committee shall report to the
12448     [lieutenant governor] director each contribution received by the judge, within 31 days after the
12449     day on which the contribution is received.
12450          (c) For each contribution that a judge fails to report within the time period described in
12451     Subsection (3)(b), the [lieutenant governor] director shall impose a fine against the judge in an
12452     amount equal to:
12453          (i) 10% of the amount of the contribution if the judge reports the contribution within
12454     60 days after the day on which the time period described in Subsection (3)(b) ends; or
12455          (ii) 20% of the amount of the contribution, if the judge fails to report the contribution

12456     within 60 days after the day on which the time period described in Subsection (3)(b) ends.
12457          (d) The [lieutenant governor] director shall:
12458          (i) deposit money received under Subsection (3)(c) into the General Fund; and
12459          (ii) report on the [lieutenant governor's] office's website, in the location where reports
12460     relating to each judge are available for public access:
12461          (A) each fine imposed by the [lieutenant governor] director against the judge;
12462          (B) the amount of the fine;
12463          (C) the amount of the contribution to which the fine relates; and
12464          (D) the date of the contribution.
12465          (4) Within 31 days after receiving a contribution that is cash or a negotiable
12466     instrument, exceeds $50, and is from an unknown source, a judge or the judge's personal
12467     campaign committee shall disburse the amount of the contribution to an organization that is
12468     exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
12469          Section 220. Section 20A-12-304 is amended to read:
12470          20A-12-304. Judicial retention election candidates -- Financial reporting
12471     requirements -- Year-end summary report.
12472          (1) The judge's personal campaign committee shall file a summary report with the
12473     [lieutenant governor] director by January 10 of the year after the regular general election year.
12474          (2) (a) Each summary report shall include the following information as of December 31
12475     of the last regular general election year:
12476          (i) a single figure equal to the total amount of contributions reported on the interim
12477     report;
12478          (ii) a single figure equal to the total amount of expenditures reported on the interim
12479     report;
12480          (iii) a detailed listing of each contribution received since the last summary report that
12481     has not been reported in detail on the interim report;
12482          (iv) for each nonmonetary contribution, the fair market value of the contribution;
12483          (v) a detailed listing of each expenditure made since the last summary report that has
12484     not been reported in detail on the interim report;
12485          (vi) for each nonmonetary expenditure, the fair market value of the expenditure; and
12486          (vii) the net balance for the year, consisting of all contributions minus all expenditures.

12487          (b) (i) For all single contributions of $50 or less, an aggregate figure may be reported
12488     without a separate detailed listing.
12489          (ii) Two or more contributions from the same source for a total of more than $50 may
12490     not be reported in the aggregate, but shall be reported in the detailed listing.
12491          (c) A check or negotiable instrument received by a judge or the judge's personal
12492     campaign committee on or before December 31 of the previous year shall be reported in the
12493     summary report.
12494          (3) The judge shall certify in the summary report that, to the best of the judge's
12495     knowledge, all contributions and all expenditures have been reported as of December 31 of the
12496     last regular general election year and that there are no financial obligations outstanding except
12497     as set forth in the report.
12498          Section 221. Section 20A-12-305 is amended to read:
12499          20A-12-305. Judicial retention election candidates -- Financial reporting
12500     requirements -- Interim report.
12501          (1) The judge's personal campaign committee shall file an interim report with the
12502     [lieutenant governor] director on the date seven days before the regular general election date.
12503          (2) Each interim report shall include the following information:
12504          (a) a detailed listing of each contribution received since the last financial statement;
12505          (b) for each nonmonetary contribution, the fair market value of the contribution;
12506          (c) a detailed listing of each expenditure made since the last summary report;
12507          (d) for each nonmonetary expenditure, the fair market value of the expenditure; and
12508          (e) a net balance for the year consisting of all contributions since the last summary
12509     report minus all expenditures since the last summary report.
12510          (3) (a) For all individual contributions of $50 or less, a single aggregate figure may be
12511     reported without separate detailed listings.
12512          (b) Two or more contributions from the same source that have an aggregate total of
12513     more than $50 may not be reported in the aggregate, but shall be reported separately.
12514          (4) In preparing each interim report, all contributions and expenditures shall be
12515     reported as of five days before the required filing date of the report.
12516          (5) A negotiable instrument or check received by a judge or the judge's personal
12517     campaign committee more than five days before the required filing date of a report required by

12518     this section shall be included in the interim report.
12519          Section 222. Section 20A-12-306 is amended to read:
12520          20A-12-306. Judges -- Failure to file reports -- Penalties.
12521          (1) (a) If a judge's personal campaign committee fails to file the interim report due
12522     before the regular general election, the [lieutenant governor] director shall, after making a
12523     reasonable attempt to discover if the report was timely filed:
12524          (i) inform the county clerk and other appropriate election officials who:
12525          (A) (I) shall, if practicable, remove the name of the judge from the ballots before the
12526     ballots are delivered to voters; or
12527          (II) shall, if removing the judge's name from the ballot is not practicable, inform the
12528     voters by any practicable method that the judge has been disqualified and that votes cast for the
12529     judge will not be counted; and
12530          (B) may not count any votes for that judge; and
12531          (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005.
12532          (b) Any judge who fails to file timely a financial statement required by this part is
12533     disqualified.
12534          (c) Notwithstanding Subsections (1)(a) and (1)(b), a judge is not disqualified and the
12535     [lieutenant governor] director may not impose a fine if:
12536          (i) the candidate timely files the reports required by this section in accordance with
12537     Section 20A-11-103;
12538          (ii) the reports are completed, detailing accurately and completely the information
12539     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
12540     and
12541          (iii) the omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
12542     corrected in an amended report or in the next scheduled report.
12543          (2) (a) Within 30 days after a deadline for the filing of a summary report, the
12544     [lieutenant governor] director shall review each filed summary report to ensure that:
12545          (i) each judge that is required to file a summary report has filed one; and
12546          (ii) each summary report contains the information required by this part.
12547          (b) If it appears that any judge has failed to file the summary report required by law, if
12548     it appears that a filed summary report does not conform to the law, or if the [lieutenant

12549     governor] director has received a written complaint alleging a violation of the law or the falsity
12550     of any summary report, the [lieutenant governor] director shall, within five days of discovery of
12551     a violation or receipt of a written complaint, notify the judge of the violation or written
12552     complaint and direct the judge to file a summary report correcting the problem.
12553          (c) (i) It is unlawful for any judge to fail to file or amend a summary report within 14
12554     days after receiving notice from the [lieutenant governor] director under this section.
12555          (ii) Each judge who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.
12556          (iii) The [lieutenant governor] director shall report all violations of Subsection (2)(c)(i)
12557     to the attorney general.
12558          Section 223. Section 20A-13-102 is amended to read:
12559          20A-13-102. Congressional districts -- Filing -- Legal boundaries.
12560          (1) (a) The Legislature shall file a copy of the Congressional block equivalency file
12561     enacted by the Legislature and the resulting Congressional shapefile with the [lieutenant
12562     governor's] office.
12563          (b) The legal boundaries of Utah's Congressional districts are contained in the
12564     Congressional shapefile on file with the [lieutenant governor's] office.
12565          (2) (a) The [lieutenant governor] director shall:
12566          (i) verify the Congressional block equivalency file that the Legislature files under
12567     Subsection (1) using block equivalency file security code
12568     "4cb8a686520fdb1c2385e0a9812ff403" and the corresponding Congressional shapefile;
12569          (ii) generate maps of each Congressional district from the Congressional shapefile; and
12570          (iii) ensure that the district maps are available for viewing on the [lieutenant
12571     governor's] office's website.
12572          (b) If there is any inconsistency between the district maps and the Congressional
12573     shapefile resulting from the Congressional block equivalency file, the Congressional shapefile
12574     is controlling.
12575          Section 224. Section 20A-13-102.2 is amended to read:
12576          20A-13-102.2. County clerk, Utah Geospatial Resource Center, and director
12577     responsibilities -- Maps and voting precinct boundaries.
12578          (1) As used in this section, "redistricting boundary data" means the Congressional
12579     shapefile in the possession of the [lieutenant governor's] office.

12580          (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
12581     clerk's county from the [lieutenant governor's] office.
12582          (3) (a) A county clerk may create one or more county maps that identify the boundaries
12583     of Utah's Congressional districts as generated from the redistricting boundary data.
12584          (b) Before publishing or distributing any map or data created by the county clerk that
12585     identifies the boundaries of Utah's Congressional districts within the county, the county clerk
12586     shall submit the county map and data to the [lieutenant governor] director and to the Utah
12587     Geospatial Resource Center for review.
12588          (c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
12589     Geospatial Resource Center shall:
12590          (i) review the county map and data to evaluate if the county map and data accurately
12591     reflect the boundaries of Utah's Congressional districts established by the Legislature in the
12592     redistricting boundary data;
12593          (ii) determine whether the county map and data are correct or incorrect; and
12594          (iii) communicate those findings to the [lieutenant governor] director.
12595          (d) The [lieutenant governor] director shall either notify the county clerk that the
12596     county map and data are correct or notify the county clerk that the county map and data are
12597     incorrect.
12598          (e) If the county clerk receives notice from the [lieutenant governor] director that the
12599     county map and data submitted are incorrect, the county clerk shall:
12600          (i) make the corrections necessary to conform the county map and data to the
12601     redistricting boundary data; and
12602          (ii) resubmit the corrected county map and data to the [lieutenant governor] director
12603     and to the Utah Geospatial Resource Center for a new review under this Subsection (3).
12604          (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
12605     establish voting precincts and polling places within each Utah Congressional district according
12606     to the procedures and requirements of Section 20A-5-303.
12607          (b) Within five working days after approval of voting precincts and polling places by
12608     the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
12609     voting precinct map identifying the boundaries of each voting precinct within the county to the
12610     [lieutenant governor] director and to the Utah Geospatial Resource Center for review.

12611          (c) Within 30 days after receipt of a map from a county clerk, the Utah Geospatial
12612     Resource Center shall:
12613          (i) review the voting precinct map to evaluate if the voting precinct map accurately
12614     reflects the boundaries of Utah's Congressional districts established by the Legislature in the
12615     redistricting boundary data;
12616          (ii) determine whether the voting precinct map is correct or incorrect; and
12617          (iii) communicate those findings to the [lieutenant governor] director.
12618          (d) The [lieutenant governor] director shall either notify the county clerk that the voting
12619     precinct map is correct or notify the county clerk that the map is incorrect.
12620          (e) If the county clerk receives notice from the [lieutenant governor] director that the
12621     voting precinct map is incorrect, the county clerk shall:
12622          (i) make the corrections necessary to conform the voting precinct map to the
12623     redistricting boundary data; and
12624          (ii) resubmit the corrected voting precinct map to the [lieutenant governor] director and
12625     to the Utah Geospatial Resource Center for a new review under this Subsection (4).
12626          Section 225. Section 20A-13-103 is amended to read:
12627          20A-13-103. Omissions from maps -- How resolved.
12628          (1) If any area of the state is omitted from a Congressional district in the Congressional
12629     shapefile in the possession of the [lieutenant governor's] office, the county clerk of the affected
12630     county, upon discovery of the omission, shall attach the area to the appropriate Congressional
12631     district according to the requirements of Subsections (2) and (3).
12632          (2) If the omitted area is surrounded by a single Congressional district, the county clerk
12633     shall attach the area to that district.
12634          (3) If the omitted area is contiguous to two or more Congressional districts, the county
12635     clerk shall attach the area to the district that has the least population, as determined by the Utah
12636     Population Committee.
12637          (4) The county clerk shall certify in writing and file with the [lieutenant governor]
12638     director any attachment made under this section.
12639          Section 226. Section 20A-13-104 is amended to read:
12640          20A-13-104. Uncertain boundaries -- How resolved.
12641          (1) As used in this section, "affected party" means:

12642          (a) a representative whose Congressional district boundary is uncertain because the
12643     boundary in the Congressional shapefile used to establish the district boundary has been
12644     removed, modified, or is unable to be identified or who is uncertain about whether the
12645     representative or another individual resides in a particular Congressional district;
12646          (b) a candidate for Congressional representative whose Congressional district boundary
12647     is uncertain because the boundary in the Congressional shapefile used to establish the district
12648     boundary has been removed, modified, or is unable to be identified or who is uncertain about
12649     whether the candidate or another individual resides in a particular Congressional district; or
12650          (c) an individual who is uncertain about which Congressional district contains the
12651     individual's residence because the boundary in the Congressional shapefile used to establish the
12652     district boundary has been removed, modified, or is unable to be identified.
12653          (2) (a) An affected party may file a written request petitioning the [lieutenant governor]
12654     director to determine:
12655          (i) the precise location of the Congressional district boundary;
12656          (ii) the number of the Congressional district in which an individual resides; or
12657          (iii) both Subsections (2)(a)(i) and (ii).
12658          (b) In order to make the determination required by Subsection (2)(a), the [lieutenant
12659     governor] director shall review:
12660          (i) the Congressional block equivalency file and the resulting Congressional shapefile;
12661     and
12662          (ii) any other relevant data such as aerial photographs, aerial maps, or other data about
12663     the area.
12664          (c) Within five days of receipt of the request, the [lieutenant governor] director shall:
12665          (i) complete the review described in Subsection (2)(b); and
12666          (ii) make a determination.
12667          (d) When the [lieutenant governor] director determines the location of the
12668     Congressional district boundary, the [lieutenant governor] director shall:
12669          (i) prepare a certification identifying the appropriate boundary and attaching a map, if
12670     necessary; and
12671          (ii) send a copy of the certification to:
12672          (A) the affected party;

12673          (B) the county clerk of the affected county; and
12674          (C) the Utah Geospatial Resource Center created under Section 63A-16-505.
12675          (e) If the [lieutenant governor] director determines the number of the Congressional
12676     district in which a particular individual resides, the [lieutenant governor] director shall send a
12677     letter identifying that district by number to:
12678          (i) the individual;
12679          (ii) the affected party who filed the petition, if different than the individual whose
12680     Congressional district number was identified; and
12681          (iii) the county clerk of the affected county.
12682          Section 227. Section 20A-13-301 is amended to read:
12683          20A-13-301. Presidential elections -- Effect of vote.
12684          (1) (a) Each registered political party shall choose individuals to act as presidential
12685     electors and to fill vacancies in the office of presidential electors for their party's candidates for
12686     president and vice president of the United States according to the procedures established in
12687     their bylaws.
12688          (b) Each registered political party shall certify to the [lieutenant governor] director the
12689     names and addresses of the individuals selected by the political party as the party's presidential
12690     electors before 5 p.m. no later than August 31.
12691          (c) An unaffiliated candidate or write-in candidate for the office of president of the
12692     United States shall, no later than 5 p.m. ten days after the day on which the candidate files a
12693     declaration of candidacy, certify to the [lieutenant governor] director the names and addresses
12694     of each individual selected by the candidate as a presidential elector for the candidate and each
12695     individual selected by the candidate to fill a vacancy in the office of presidential elector for the
12696     candidate.
12697          (2) The highest number of votes cast for candidates for president and vice president of
12698     the United States elects the presidential electors for:
12699          (a) except as provided in Subsection (2)(b), the political party of those candidates; or
12700          (b) if the candidates receiving the highest number of votes are unaffiliated candidates
12701     or write-in candidates, the presidential electors selected for those candidates under Subsection
12702     (1)(c).
12703          Section 228. Section 20A-13-302 is amended to read:

12704          20A-13-302. Certificate of election.
12705          (1) The [lieutenant governor] director shall transmit certificates of election to each of
12706     the electors selected under Section 20A-13-301:
12707          (a) if the candidates for president and vice president of the United States who receive
12708     the highest number of votes in the state are unaffiliated candidates or write-in candidates, by
12709     the candidate for president; or
12710          (b) if the candidates for president and vice president of the United States who receive
12711     the highest number of votes in the state are the nominees of a registered political party, by the
12712     registered political party.
12713          (2) Presidential electors may not receive compensation for their services.
12714          Section 229. Section 20A-13-304 is amended to read:
12715          20A-13-304. Meeting to ballot -- Casting ballot for individual not nominated by
12716     elector's candidate or party.
12717          (1) The electors shall meet at the office [of the lieutenant governor at the state capitol]
12718     at noon of the first Wednesday of the January after their election, or at noon of any other day
12719     designated by the Congress of the United States of America.
12720          (2) After convening, the electors shall perform their duties in conformity with the
12721     United States Constitution and laws.
12722          (3) Any elector who casts an electoral ballot for an individual not nominated by the
12723     individual, or by the party of which the elector is an elector, except in the cases of death or
12724     felony conviction of a candidate, is considered to have resigned from the office of elector, the
12725     elector's vote may not be recorded, and the remaining electors shall appoint another individual
12726     to fill the vacancy.
12727          Section 230. Section 20A-14-102 is amended to read:
12728          20A-14-102. State Board of Education districts -- Filing -- Legal boundaries.
12729          (1) (a) The Legislature shall file a copy of the Board block equivalency file enacted by
12730     the Legislature and the resulting Board shapefile with the [lieutenant governor's] office.
12731          (b) The legal boundaries of State Board of Education districts are contained in the
12732     Board shapefile on file with the [lieutenant governor's] office.
12733          (2) (a) The [lieutenant governor] director shall:
12734          (i) verify the Board block equivalency file that the Legislature files under Subsection

12735     (1) using block equivalency file security code "3045e67dd19fd1085282c1d9a89a7873" and the
12736     resulting Board shapefile;
12737          (ii) generate maps of each State Board of Education district from the Board shapefile;
12738     and
12739          (iii) ensure that the district maps are available for viewing on the [lieutenant
12740     governor's] office's website.
12741          (b) If there is any inconsistency between the district maps and the Board shapefile
12742     resulting from the Board block equivalency file, the Board shapefile is controlling.
12743          Section 231. Section 20A-14-102.1 is amended to read:
12744          20A-14-102.1. Omissions from maps -- How resolved.
12745          (1) If any area of the state is omitted from a State Board of Education district in the
12746     Board shapefile in the possession of the [lieutenant governor's] office, the county clerk of the
12747     affected county, upon discovery of the omission, shall attach the area to the appropriate State
12748     Board of Education district according to the requirements of Subsections (2) and (3).
12749          (2) If the omitted area is surrounded by a single State Board of Education district, the
12750     county clerk shall attach the area to that district.
12751          (3) If the omitted area is contiguous to two or more State Board of Education districts,
12752     the county clerk shall attach the area to the district that has the least population, as determined
12753     by the Utah Population Committee.
12754          (4) The county clerk shall certify in writing and file with the [lieutenant governor]
12755     director any attachment made under this section.
12756          Section 232. Section 20A-14-102.2 is amended to read:
12757          20A-14-102.2. Uncertain boundaries -- How resolved.
12758          (1) As used in this section:
12759          (a) "Affected party" means:
12760          (i) a state school board member whose State Board of Education district boundary is
12761     uncertain because the feature used to establish the district boundary in the Board shapefile has
12762     been removed, modified, or is unable to be identified or who is uncertain about whether the
12763     member or another individual resides in a particular State Board of Education district;
12764          (ii) a candidate for state school board whose State Board of Education district
12765     boundary is uncertain because the feature used to establish the district boundary in the Board

12766     shapefile has been removed, modified, or is unable to be identified or who is uncertain about
12767     whether the candidate or another individual resides in a particular State Board of Education
12768     district; or
12769          (iii) an individual who is uncertain about which State Board of Education district
12770     contains the individual's residence because the feature used to establish the district boundary in
12771     the Board shapefile has been removed, modified, or is unable to be identified.
12772          (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
12773     political subdivision boundary that is used to establish a State Board of Education district
12774     boundary.
12775          (2) (a) An affected party may file a written request petitioning the [lieutenant governor]
12776     director to determine:
12777          (i) the precise location of the State Board of Education district boundary;
12778          (ii) the number of the State Board of Education district in which an individual resides;
12779     or
12780          (iii) both Subsections (2)(a)(i) and (ii).
12781          (b) In order to make the determination required by Subsection (2)(a), the [lieutenant
12782     governor] director shall review:
12783          (i) the Board block equivalency file and the resulting Board shapefile; and
12784          (ii) any other relevant data such as aerial photographs, aerial maps, or other data about
12785     the area.
12786          (c) Within five days of receipt of the request, the [lieutenant governor] director shall:
12787          (i) complete the review described in Subsection (2)(b); and
12788          (ii) make a determination.
12789          (d) If the [lieutenant governor] director determines the precise location of the State
12790     Board of Education district boundary, the [lieutenant governor] director shall:
12791          (i) prepare a certification identifying the appropriate State Board of Education district
12792     boundary and attaching a map, if necessary; and
12793          (ii) send a copy of the certification to:
12794          (A) the affected party;
12795          (B) the county clerk of the affected county; and
12796          (C) the Utah Geospatial Resource Center created under Section 63A-16-505.

12797          (e) If the [lieutenant governor] director determines the number of the State Board of
12798     Education district in which a particular individual resides, the [lieutenant governor] director
12799     shall send a letter identifying that district by number to:
12800          (i) the individual;
12801          (ii) the affected party who filed the petition, if different than the individual whose State
12802     Board of Education district number was identified; and
12803          (iii) the county clerk of the affected county.
12804          Section 233. Section 20A-14-102.3 is amended to read:
12805          20A-14-102.3. County clerk, Utah Geospatial Resource Center, and director
12806     responsibilities -- Maps and voting precinct boundaries.
12807          (1) As used in this section, "redistricting boundary data" means the Board shapefile in
12808     the possession of the [lieutenant governor's] office.
12809          (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
12810     clerk's county from the [lieutenant governor's] office.
12811          (3) (a) A county clerk may create one or more county maps that identify the boundaries
12812     of State Board of Education districts as generated from the redistricting boundary data.
12813          (b) Before publishing or distributing any map or data created by the county clerk that
12814     identifies the boundaries of State Board of Education districts within the county, the clerk shall
12815     submit the county map and data to the [lieutenant governor] director and to the Utah Geospatial
12816     Resource Center for review.
12817          (c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
12818     Geospatial Resource Center shall:
12819          (i) review the county map and data to evaluate if the county map and data accurately
12820     reflect the boundaries of State Board of Education districts established by the Legislature in the
12821     redistricting boundary data;
12822          (ii) determine whether the county map and data are correct or incorrect; and
12823          (iii) communicate those findings to the [lieutenant governor] director.
12824          (d) The [lieutenant governor] director shall either notify the county clerk that the
12825     county map and data are correct or inform the county clerk that the county map and data are
12826     incorrect.
12827          (e) If the county clerk receives notice from the [lieutenant governor] director that the

12828     county map and data submitted are incorrect, the county clerk shall:
12829          (i) make the corrections necessary to conform the county map and data to the
12830     redistricting boundary data; and
12831          (ii) resubmit the corrected county map and data to the [lieutenant governor] director for
12832     a new review under this Subsection (3).
12833          (4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
12834     establish voting precincts and polling places within each State Board of Education district
12835     according to the procedures and requirements of Section 20A-5-303.
12836          (b) Within five working days after approval of voting precincts and polling places by
12837     the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
12838     voting precinct map identifying the boundaries of each voting precinct within the county to the
12839     [lieutenant governor] director and to the Utah Geospatial Resource Center for review.
12840          (c) Within 30 days after receipt of a voting precinct map from a county clerk, the Utah
12841     Geospatial Resource Center shall:
12842          (i) review the voting precinct map to evaluate if the voting precinct map accurately
12843     reflects the boundaries of State Board of Education districts established by the Legislature in
12844     the redistricting boundary data;
12845          (ii) determine whether the voting precinct map is correct or incorrect; and
12846          (iii) communicate those findings to the [lieutenant governor] director.
12847          (d) The [lieutenant governor] director shall either notify the county clerk that the voting
12848     precinct map is correct or notify the county clerk that the voting precinct map is incorrect.
12849          (e) If the county clerk receives notice from the [lieutenant governor] director that the
12850     voting precinct map is incorrect, the county clerk shall:
12851          (i) make the corrections necessary to conform the voting precinct map to the
12852     redistricting boundary data; and
12853          (ii) resubmit the corrected voting precinct map to the [lieutenant governor] director and
12854     to the Utah Geospatial Resource Center for a new review under this Subsection (4).
12855          Section 234. Section 20A-14-103 is amended to read:
12856          20A-14-103. State Board of Education members -- Term -- Requirements.
12857          (1) Unless otherwise provided by law and except as provided in Subsection (2):
12858          (a) voters in the following districts, as designated in the Senate block equivalency file,

12859     shall elect a State Board of Education member for a term of four years:
12860          (i) at the 2022 General Election, State Board of Education Districts 1, 2, 4, 5, 8, 11,
12861     and 14; and
12862          (ii) at the 2024 General Election, State Board of Education Districts 3, 6, 7, 9, 10, 12,
12863     13, and 15; and
12864          (b) a State Board of Education member representing a district described in Subsection
12865     (1)(a)(ii) on November 16, 2021, shall represent the realigned district, if the State Board of
12866     Education member resides in the realigned district, for a term of office that ends January 6,
12867     2025.
12868          (2) (a) As used in this Subsection (2), "District 6" means District 6 as designated in the
12869     Senate block equivalency file.
12870          (b) If one of the incumbent State Board of Education members from District 6 files
12871     written notice with the [lieutenant governor] director by close of business on January 3, 2022,
12872     that the member will not seek election to the State Board of Education from District 6:
12873          (i) the filing incumbent member may serve until January 2, 2023, in representation of
12874     the district to which the member was elected at the 2020 General Election; and
12875          (ii) the other incumbent member from District 6 shall serve out the term for which the
12876     member was elected, in representation of District 6, which is until January 6, 2025.
12877          (c) If neither or both incumbent State Board of Education members in District 6 file the
12878     written notice described in Subsection (2)(b):
12879          (i) the incumbent members may serve until January 2, 2023, in representation of the
12880     district to which the members were elected at the 2020 General Election;
12881          (ii) the [lieutenant governor] director shall designate District 6 as an office to be filled
12882     in the 2022 General Election in the notice of election required by Section 20A-5-101;
12883          (iii) the State Board of Education member elected from District 6 at the 2022 General
12884     Election shall be elected to serve a term of office of two years; and
12885          (iv) the State Board of Education member elected from District 6 at the 2024 General
12886     Election shall be elected to serve a term of office of four years.
12887          (3) (a) A person seeking election to the State Board of Education shall have been a
12888     resident of the State Board of Education district in which the person is seeking election for at
12889     least one year as of the date of the election.

12890          (b) A person who has resided within the State Board of Education district, as the
12891     boundaries of the district exist on the date of the election, for one year immediately preceding
12892     the date of the election shall be considered to have met the requirements of this Subsection (3).
12893          (4) A State Board of Education member shall:
12894          (a) be and remain a registered voter in the State Board of Education district from which
12895     the member was elected or appointed; and
12896          (b) maintain the member's primary residence within the State Board of Education
12897     district from which the member was elected or appointed during the member's term of office.
12898          (5) A State Board of Education member may not, during the member's term of office,
12899     also serve as an employee of the State Board of Education.
12900          Section 235. Section 20A-15-103 is amended to read:
12901          20A-15-103. Delegates -- Candidacy -- Qualifications -- Nominating procedures --
12902     Removal of petition signature.
12903          (1) Candidates for the office of delegate to the ratification convention shall be citizens,
12904     residents of Utah, and at least 21 years old.
12905          (2) Persons wishing to be delegates to the ratification convention shall:
12906          (a) circulate a nominating petition meeting the requirements of this section; and
12907          (b) obtain the signature of at least 100 registered voters.
12908          (3) (a) A single nominating petition may nominate any number of candidates up to 21,
12909     the total number of delegates to be elected.
12910          (b) Nominating petitions may not contain anything identifying a candidate's party or
12911     political affiliation.
12912          (c) Each nominating petition shall contain a written statement signed by each nominee,
12913     indicating either that the candidate will:
12914          (i) vote for ratification of the proposed amendment; or
12915          (ii) vote against ratification of the proposed amendment.
12916          (d) A nominating petition containing the names of more than one nominee may not
12917     contain the name of any nominee whose stated position in the nominating petition is
12918     inconsistent with that of any other nominee listed in the petition.
12919          (4) (a) Candidates shall file their nominating petitions with the [lieutenant governor]
12920     director before 5 p.m. no later than 40 days before the proclaimed date of the election.

12921          (b) Within 10 days after the last day for filing the petitions, the [lieutenant governor]
12922     director shall:
12923          (i) use the procedures described in Section 20A-1-1002 to determine whether a signer
12924     is a registered voter;
12925          (ii) declare nominated the 21 nominees in favor of ratification and the 21 nominees
12926     against ratification whose nominating petitions have been signed by the largest number of
12927     registered voters;
12928          (iii) decide any ties by lot drawn by the [lieutenant governor] director; and
12929          (iv) certify the nominated candidates of each group to the county clerk of each county
12930     within the state.
12931          (5) (a) A voter who signs a nomination petition under this section may have the voter's
12932     signature removed from the petition by, no later than three business days after the last day for
12933     filing the petitions, submitting to the [lieutenant governor] director a statement requesting that
12934     the voter's signature be removed.
12935          (b) A statement described in Subsection (5)(a) shall comply with the requirements
12936     described in Subsection 20A-1-1003(2).
12937          (c) The [lieutenant governor] director shall use the procedures described in Subsection
12938     20A-1-1003(3) to determine whether to remove an individual's signature from a petition after
12939     receiving a timely, valid statement requesting removal of the signature.
12940          Section 236. Section 20A-15-201 is amended to read:
12941          20A-15-201. Convening -- Vacancies -- Election of officers -- Journal of
12942     proceedings.
12943          (1) The delegates to the convention shall convene at the state capitol at noon on the
12944     28th day after their election to pass upon the question of whether or not the proposed
12945     amendment shall be ratified.
12946          (2) (a) If, at the time the convention convenes, there is a vacancy in the convention, the
12947     delegates from the group from which the delegate creating the vacancy was elected shall, by
12948     majority vote, appoint a person to fill the vacancy.
12949          (b) If the convention contains no other delegates from the group from which the
12950     delegate creating the vacancy was elected, the governor shall appoint a person to fill the
12951     vacancy.

12952          (3) The convention may:
12953          (a) elect a president, secretary, and other officers; and
12954          (b) adopt its own rules.
12955          (4) The convention shall:
12956          (a) keep a journal of its proceedings;
12957          (b) record in the journal the vote of each delegate on the question of ratification of the
12958     proposed amendment; and
12959          (c) file the journal with the [lieutenant governor] director after the convention
12960     adjourns.
12961          (5) (a) Delegates to the ratification convention shall:
12962          (i) serve without pay;
12963          (ii) receive a per diem of $4 per day while the convention is in session; and
12964          (iii) receive mileage at the rate of 10 cents per mile for the distance necessarily
12965     traveled in going to and returning from the place of meeting by the most usual route.
12966          (b) The [lieutenant governor] director shall pay the per diem and mileage, together with
12967     the necessary expenses of the convention for printing and stenographic services, from the state
12968     treasury.
12969          Section 237. Section 20A-15-202 is amended to read:
12970          20A-15-202. Certificate of ratification.
12971          (1) If the convention agrees, by vote of a majority of the total number of delegates, to
12972     ratify the proposed amendment, the president and secretary of the convention shall:
12973          (a) prepare and sign a certificate to that effect; and
12974          (b) transmit it to the [lieutenant governor] director.
12975          (2) Upon receipt of a ratification certificate, the [lieutenant governor] director shall
12976     transmit the certificate under the great seal of the state to the Secretary of State of the United
12977     States.
12978          Section 238. Section 20A-16-201 is amended to read:
12979          20A-16-201. Duties of director.
12980          The [lieutenant governor] director shall:
12981          (1) implement this chapter and the state's responsibilities under the Uniformed and
12982     Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq.;

12983          (2) make available to covered voters information regarding voter registration
12984     procedures for covered voters and procedures for casting military-overseas ballots;
12985          (3) establish an electronic transmission system through which a covered voter may
12986     apply for and receive voter registration materials, military-overseas ballots, and other
12987     information under this chapter;
12988          (4) (a) develop standardized absentee-voting materials, including privacy and
12989     transmission envelopes and electronic equivalents of the envelopes, authentication materials,
12990     and voting instructions, to be used with the military-overseas ballot of a voter authorized to
12991     vote in any jurisdiction in the state; and
12992          (b) to the extent reasonably possible, coordinate with other states on the development
12993     required by Subsection (4)(a); and
12994          (5) prescribe the form and content of a declaration:
12995          (a) for use by a covered voter to swear or affirm specific representations pertaining to
12996     the voter's identity, eligibility to vote, status as a covered voter, and timely and proper
12997     completion of an overseas-military ballot;
12998          (b) that is based on the declaration prescribed to accompany a federal write-in absentee
12999     ballot, as modified to be consistent with this chapter; and
13000          (c) that is a prominent part of all balloting materials for which the declaration is
13001     required, including an indication of the date of execution of the declaration.
13002          Section 239. Section 20A-16-202 is amended to read:
13003          20A-16-202. Report on ballots.
13004          (1) No later than 60 days after each regular general election date, each county clerk
13005     shall submit a report to the [lieutenant governor] director indicating:
13006          (a) the number of ballots sent to covered voters; and
13007          (b) the number of ballots returned by covered voters that were counted.
13008          (2) No later than 90 days after each regular general election date, the [lieutenant
13009     governor] director shall submit a statewide report to the Election Assistance Commission that
13010     includes the information required by Subsection (1).
13011          Section 240. Section 20A-16-302 is amended to read:
13012          20A-16-302. Methods of registering to vote.
13013          (1) To apply to register to vote, in addition to any other approved method, a covered

13014     voter may use a federal postcard application or the application's electronic equivalent.
13015          (2) (a) A covered voter may use the declaration accompanying a federal write-in
13016     absentee ballot to apply to register to vote simultaneously with the submission of the federal
13017     write-in absentee ballot, if the declaration is received before the day of the election.
13018          (b) If the declaration is received on or after the day of the election, the declaration shall
13019     be treated as an application to register to vote for subsequent elections.
13020          (3) (a) The [lieutenant governor] director shall ensure that the electronic transmission
13021     system described in Subsection 20A-16-201(3) is capable of accepting both a federal postcard
13022     application and any other approved electronic registration application sent to the appropriate
13023     election official.
13024          (b) The voter may use the electronic transmission system or any other approved
13025     method to register to vote.
13026          Section 241. Section 20A-16-401 is amended to read:
13027          20A-16-401. Methods of applying for military-overseas ballots.
13028          (1) A covered voter who is registered to vote in the state may apply for a
13029     military-overseas ballot:
13030          (a) via the federal postcard application;
13031          (b) via the federal postcard application's electronic equivalent; or
13032          (c) by otherwise making a request in writing.
13033          (2) A covered voter who is not registered to vote in this state may use a federal
13034     postcard application or the federal postcard application's electronic equivalent to apply
13035     simultaneously to register to vote under Section 20A-16-302 and for a military-overseas ballot.
13036          (3) (a) The [lieutenant governor] director shall ensure that the electronic transmission
13037     system described in Subsection 20A-16-201(3) is capable of accepting the submission of both a
13038     federal postcard application and any other approved electronic military-overseas ballot
13039     application sent to the appropriate election official.
13040          (b) The voter may use the electronic transmission system or any other approved
13041     method to apply for a military-overseas ballot.
13042          (4) A covered voter may use the declaration accompanying a federal write-in absentee
13043     ballot as an application for a military-overseas ballot simultaneously with the submission of the
13044     federal write-in absentee ballot, if the declaration is received by the appropriate election official

13045     before the day of the election.
13046          (5) To receive the benefits of this chapter, a covered voter shall inform the appropriate
13047     election official that the voter is a covered voter by:
13048          (a) the use of a federal postcard application or federal write-in absentee ballot;
13049          (b) the use of an overseas address on an approved voter registration application or
13050     ballot application; or
13051          (c) the inclusion on an approved voter registration application or ballot application of
13052     other information sufficient to identify the voter as a covered voter.
13053          (6) This chapter does not preclude a covered voter from voting via a manual ballot by
13054     mail.
13055          Section 242. Section 20A-16-410 is amended to read:
13056          20A-16-410. Confirmation of receipt of application and voted ballot.
13057          The [lieutenant governor] director, in coordination with an election officer, shall
13058     implement an electronic free-access system by which a covered voter may determine by
13059     telephone, electronic mail, or Internet:
13060          (1) whether the voter's federal postcard application or other registration or
13061     military-overseas ballot application has been received and accepted;
13062          (2) whether the voter's military-overseas ballot has been received; and
13063          (3) the current status of the ballot.
13064          Section 243. Section 20A-21-101 is amended to read:
13065          20A-21-101. Definitions.
13066          As used in this chapter:
13067          (1) "Approved device" means a device described in Subsection 20A-21-201(4).
13068          (2) "Candidate qualification process" means the process, described in Section
13069     20A-9-403 or 20A-9-408, of gathering signatures to seek the nomination of a registered
13070     political party.
13071          (3) "Electronic candidate qualification process" means the same as that term is defined
13072     in Section 20A-9-101.
13073          (4) "Electronic initiative process" means the same as that term is defined in Section
13074     20A-7-101.
13075          (5) "Electronic referendum process" means the same as that term is defined in Section

13076     20A-7-101.
13077          (6) "Manual candidate qualification process" means the same as that term is defined in
13078     Section 20A-9-101.
13079          (7) "Petition" means:
13080          (a) as it relates to the electronic initiative process or the electronic referendum process,
13081     the electronic record that an individual signs to indicate the individual is in favor of placing the
13082     initiative or referendum on the ballot; or
13083          (b) as it relates to electronic candidate qualification process, the electronic record that
13084     an individual signs to indicate the individual is in favor of placing an individual's name on the
13085     ballot to run for a particular elective office.
13086          (8) "Signature" means:
13087          (a) as it relates to a signature gathered for an initiative or referendum, the same as that
13088     term is defined in Section 20A-7-101; or
13089          (b) as it relates to a signature gathered for the candidate qualification process, the same
13090     as that term is defined in Section 20A-9-101.
13091          (9) "Website" means:
13092          (a) as it relates to the electronic initiative process or the electronic referendum process,
13093     the website designated by the [lieutenant governor] director for collecting the signatures and
13094     other information relating to the electronic initiative process or the electronic referendum
13095     process; or
13096          (b) as it relates to the electronic candidate qualification process, a website designated
13097     by the [lieutenant governor] director for collecting the signatures and other information relating
13098     to the electronic candidate qualification process.
13099          Section 244. Section 20A-21-201 is amended to read:
13100          20A-21-201. Electronic signature gathering for an initiative, a referendum, or
13101     candidate qualification.
13102          (1) (a) After filing a petition for a statewide initiative or a statewide referendum, and
13103     before gathering signatures, the sponsors shall, after consulting with the [Office of the
13104     Lieutenant Governor] office, sign a form provided by the [Office of the Lieutenant Governor]
13105     office indicating whether the sponsors will gather signatures manually or electronically.
13106          (b) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather

13107     signatures electronically:
13108          (i) in relation to a statewide initiative, signatures for that initiative:
13109          (A) may only be gathered and submitted electronically, in accordance with this section
13110     and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
13111          (B) may not be gathered or submitted using the manual signature-gathering process
13112     described in Sections 20A-7-105 and 20A-7-204; and
13113          (ii) in relation to a statewide referendum, signatures for that referendum:
13114          (A) may only be gathered and submitted electronically, in accordance with this section
13115     and Sections 20A-7-313, 20A-7-314, and 20A-7-315; and
13116          (B) may not be gathered or submitted using the manual signature-gathering process
13117     described in Sections 20A-7-105 and 20A-7-304.
13118          (c) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
13119     signatures manually:
13120          (i) in relation to a statewide initiative, signatures for that initiative:
13121          (A) may only be gathered and submitted using the manual signature-gathering process
13122     described in Sections 20A-7-105 and 20A-7-204; and
13123          (B) may not be gathered or submitted electronically, as described in this section and
13124     Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
13125          (ii) in relation to a statewide referendum, signatures for that referendum:
13126          (A) may only be gathered and submitted using the manual signature-gathering process
13127     described in Sections 20A-7-105 and 20A-7-304; and
13128          (B) may not be gathered or submitted electronically, as described in this section and
13129     Sections 20A-7-313, 20A-7-314, and 20A-7-315.
13130          (2) (a) After filing a petition for a local initiative or a local referendum, and before
13131     gathering signatures, the sponsors shall, after consulting with the local clerk's office, sign a
13132     form provided by the local clerk's office indicating whether the sponsors will gather signatures
13133     manually or electronically.
13134          (b) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
13135     signatures electronically:
13136          (i) in relation to a local initiative, signatures for that initiative:
13137          (A) may only be gathered and submitted electronically, in accordance with this section

13138     and Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
13139          (B) may not be gathered or submitted using the manual signature-gathering process
13140     described in Sections 20A-7-105 and 20A-7-504; and
13141          (ii) in relation to a local referendum, signatures for that referendum:
13142          (A) may only be gathered and submitted electronically, in accordance with this section
13143     and Sections 20A-7-614, 20A-7-615, and 20A-7-616; and
13144          (B) may not be gathered or submitted using the manual signature-gathering process
13145     described in Sections 20A-7-105 and 20A-7-604.
13146          (c) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
13147     signatures manually:
13148          (i) in relation to a local initiative, signatures for that initiative:
13149          (A) may only be gathered and submitted using the manual signature-gathering process
13150     described in Sections 20A-7-105 and 20A-7-504; and
13151          (B) may not be gathered or submitted electronically, as described in this section and
13152     Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
13153          (ii) in relation to a local referendum, signatures for that referendum:
13154          (A) may only be gathered and submitted using the manual signature-gathering process
13155     described in Sections 20A-7-105 and 20A-7-604; and
13156          (B) may not be gathered or submitted electronically, as described in this section and
13157     Sections 20A-7-614, 20A-7-615, and 20A-7-616.
13158          (3) (a) After a candidate files a notice of intent to gather signatures to qualify for a
13159     ballot, and before gathering signatures, the candidate shall, after consulting with the election
13160     officer, sign a form provided by the election officer indicating whether the candidate will
13161     gather signatures manually or electronically.
13162          (b) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
13163     signatures electronically, signatures for the candidate:
13164          (i) may only be gathered and submitted using the electronic candidate qualification
13165     process; and
13166          (ii) may not be gathered or submitted using the manual candidate qualification process.
13167          (c) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
13168     signatures manually, signatures for the candidate:

13169          (i) may only be gathered and submitted using the manual candidate qualification
13170     process; and
13171          (ii) may not be gathered or submitted using the electronic candidate qualification
13172     process.
13173          (4) To gather a signature electronically, a signature-gatherer shall:
13174          (a) use a device provided by the signature-gatherer or a sponsor of the petition that:
13175          (i) is approved by the [lieutenant governor] director;
13176          (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other
13177     information relating to an individual signing the petition in any location other than the location
13178     used by the website to store the information;
13179          (iii) does not, on the device, store a signature or any other information relating to an
13180     individual signing the petition except for the minimum time necessary to upload information to
13181     the website;
13182          (iv) does not contain any applications, software, or data other than those approved by
13183     the [lieutenant governor] director; and
13184          (v) complies with cyber-security and other security protocols required by the
13185     [lieutenant governor] director;
13186          (b) use the approved device to securely access a website designated by the [lieutenant
13187     governor] director, directly, or via an application designated by the [lieutenant governor]
13188     director; and
13189          (c) while connected to the website, present the approved device to an individual
13190     considering signing the petition and, while the signature-gatherer is in the physical presence of
13191     the individual:
13192          (i) wait for the individual to reach each screen presented to the individual on the
13193     approved device; and
13194          (ii) wait for the individual to advance to each subsequent screen by clicking on the
13195     acknowledgement at the bottom of the screen.
13196          (5) Each screen shown on an approved device as part of the signature-gathering process
13197     shall appear as a continuous electronic document that, if the entire document does not appear
13198     on the screen at once, requires the individual viewing the screen to, before advancing to the
13199     next screen, scroll through the document until the individual reaches the end of the document.

13200          (6) After advancing through each screen required for the petition, the signature process
13201     shall proceed as follows:
13202          (a) except as provided in Subsection (6)(b):
13203          (i) the individual desiring to sign the petition shall present the individual's driver
13204     license or state identification card to the signature-gatherer;
13205          (ii) the signature-gatherer shall verify that the individual pictured on the driver license
13206     or state identification card is the individual signing the petition;
13207          (iii) the signature-gatherer shall scan or enter the driver license number or state
13208     identification card number through the approved device; and
13209          (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the
13210     website shall determine whether the individual desiring to sign the petition is eligible to sign
13211     the petition;
13212          (b) if the individual desiring to sign the petition is unable to provide a driver license or
13213     state identification card to the signature gatherer:
13214          (i) the individual may present other valid voter identification;
13215          (ii) if the valid voter identification contains a picture of the individual, the
13216     signature-gatherer shall verify that the individual pictured is the individual signing the petition;
13217          (iii) if the valid voter identification does not contain a picture of the individual, the
13218     signature-gatherer shall, to the extent reasonably practicable, use the individual's address or
13219     other available means to determine whether the identification relates to the individual
13220     presenting the identification;
13221          (iv) the signature-gatherer shall scan an image of the valid voter identification and
13222     immediately upload the image to the website; and
13223          (v) the individual:
13224          (A) shall enter the individual's address; and
13225          (B) may, at the discretion of the individual, enter the individual's date of birth or age
13226     after the individual clicks on the screen acknowledging that they have read and understand the
13227     following statement, "Birth date or age information is not required, but may be used to verify
13228     your identity with voter registration records. If you choose not to provide it, your signature may
13229     not be verified as a valid signature if you change your address before your signature is verified
13230     or if the information you provide does not match your voter registration records."; and

13231          (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:
13232          (i) except for a petition to qualify a candidate for the ballot, give the individual signing
13233     the petition the opportunity to enter the individual's email address after the individual reads the
13234     following statement, "If you provide your email address, you may receive an email with
13235     additional information relating to the petition you are signing."; and
13236          (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is
13237     eligible to sign the petition, permit the individual to enter the individual's name as the
13238     individual's electronic signature and, immediately after the signature-gather timely complies
13239     with Subsection (10), certify the signature; or
13240          (B) if the individual provides valid voter identification under Subsection (6)(b), permit
13241     the individual to enter the individual's name as the individual's electronic signature.
13242          (7) If an individual provides valid voter identification under Subsection (6)(b), the
13243     county clerk shall, within seven days after the day on which the individual submits the valid
13244     voter identification, certify the signature if:
13245          (a) the individual is eligible to sign the petition;
13246          (b) the identification provided matches the information on file; and
13247          (c) the signature-gatherer timely complies with Subsection (10).
13248          (8) For each signature submitted under this section, the website shall record:
13249          (a) the information identifying the individual who signs;
13250          (b) the date the signature was collected; and
13251          (c) the name of the signature-gatherer.
13252          (9) An individual who is a signature-gatherer may not sign a petition unless another
13253     individual acts as the signature-gatherer when the individual signs the petition.
13254          (10) Except for a petition for a candidate to seek the nomination of a registered
13255     political party, each individual who gathers a signature under this section shall, within one
13256     business day after the day on which the individual gathers a signature, electronically sign and
13257     submit the following statement to the website:
13258          "VERIFICATION OF SIGNATURE-GATHERER
13259          State of Utah, County of ____
13260          I, _____________________, of ______, hereby state, under penalty of perjury, that:
13261          I am a resident of Utah and am at least 18 years old;

13262          All the signatures that I collected on [Date signatures were gathered] were signed by
13263     individuals who professed to be the individuals whose signatures I gathered, and each of the
13264     individuals signed the petition in my presence;
13265          I did not knowingly make a misrepresentation of fact concerning the law or proposed
13266     law to which the petition relates;
13267          I believe that each individual has signed the individual's name and written the
13268     individual's residence correctly, that each signer has read and understands the law to which the
13269     petition relates, and that each signer is registered to vote in Utah;
13270          Each signature correctly reflects the date on which the individual signed the petition;
13271     and
13272          I have not paid or given anything of value to any individual who signed this petition to
13273     encourage that individual to sign it."
13274          (11) Except for a petition for a candidate to seek the nomination of a registered
13275     political party:
13276          (a) the county clerk may not certify a signature that is not timely verified in accordance
13277     with Subsection (10); and
13278          (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely
13279     verified in accordance with Subsection (10), the county clerk shall:
13280          (i) revoke the certification;
13281          (ii) remove the signature from the posting described in Subsection 20A-7-217(4),
13282     [20A-7-315(3)] 20A-7-315(4), 20A-7-516(4), or [20A-7-616(3)] 20A-7-616(4); and
13283          (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),
13284     20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).
13285          (12) For a petition for a candidate to seek the nomination of a registered political party,
13286     each individual who gathers a signature under this section shall, within one business day after
13287     the day on which the individual gathers a signature, electronically sign and submit the
13288     following statement to the [lieutenant governor] director in the manner specified by the
13289     [lieutenant governor] director:
13290          "VERIFICATION OF SIGNATURE-GATHERER
13291          State of Utah, County of ____
13292          I, _____________________, of ______, hereby state that:

13293          I am a resident of Utah and am at least 18 years old;
13294          All the signatures that I collected on [Date signatures were gathered] were signed by
13295     individuals who professed to be the individuals whose signatures I gathered, and each of the
13296     individuals signed the petition in my presence;
13297          I believe that each individual has signed the individual's name and written the
13298     individual's residence correctly and that each signer is registered to vote in Utah; and
13299          Each signature correctly reflects the date on which the individual signed the petition."
13300          (13) For a petition for a candidate to seek the nomination of a registered political party,
13301     the election officer may not certify a signature that is not timely verified in accordance with
13302     Subsection (12).
13303          Section 245. Section 36-11-102 is amended to read:
13304          36-11-102. Definitions.
13305          As used in this chapter:
13306          (1) "Aggregate daily expenditures" means:
13307          (a) for a single lobbyist, principal, or government officer, the total of all expenditures
13308     made within a calendar day by the lobbyist, principal, or government officer for the benefit of
13309     an individual public official;
13310          (b) for an expenditure made by a member of a lobbyist group, the total of all
13311     expenditures made within a calendar day by every member of the lobbyist group for the benefit
13312     of an individual public official; or
13313          (c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
13314     lobbyist within a calendar day for the benefit of an individual public official, regardless of
13315     whether the expenditures were attributed to different clients.
13316          (2) "Approved activity" means an event, a tour, or a meeting:
13317          (a) (i) to which a legislator or another nonexecutive branch public official is invited;
13318     and
13319          (ii) attendance at which is approved by:
13320          (A) the speaker of the House of Representatives, if the public official is a member of
13321     the House of Representatives or another nonexecutive branch public official; or
13322          (B) the president of the Senate, if the public official is a member of the Senate or
13323     another nonexecutive branch public official; or

13324          (b) (i) to which a public official who holds a position in the executive branch of state
13325     government is invited; and
13326          (ii) attendance at which is approved by the governor or the lieutenant governor.
13327          (3) "Board of education" means:
13328          (a) a local school board described in Title 53G, Chapter 4, School Districts;
13329          (b) the State Board of Education;
13330          (c) the State Charter School Board created under Section 53G-5-201; or
13331          (d) a charter school governing board described in Title 53G, Chapter 5, Charter
13332     Schools.
13333          (4) "Capitol hill complex" means the same as that term is defined in Section
13334     63C-9-102.
13335          (5) (a) "Compensation" means anything of economic value, however designated, that is
13336     paid, loaned, granted, given, donated, or transferred to an individual for the provision of
13337     services or ownership before any withholding required by federal or state law.
13338          (b) "Compensation" includes:
13339          (i) a salary or commission;
13340          (ii) a bonus;
13341          (iii) a benefit;
13342          (iv) a contribution to a retirement program or account;
13343          (v) a payment includable in gross income, as defined in Section 62, Internal Revenue
13344     Code, and subject to social security deductions, including a payment in excess of the maximum
13345     amount subject to deduction under social security law;
13346          (vi) an amount that the individual authorizes to be deducted or reduced for salary
13347     deferral or other benefits authorized by federal law; or
13348          (vii) income based on an individual's ownership interest.
13349          (6) "Compensation payor" means a person who pays compensation to a public official
13350     in the ordinary course of business:
13351          (a) because of the public official's ownership interest in the compensation payor; or
13352          (b) for services rendered by the public official on behalf of the compensation payor.
13353          (7) "Education action" means:
13354          (a) a resolution, policy, or other official action for consideration by a board of

13355     education;
13356          (b) a nomination or appointment by an education official or a board of education;
13357          (c) a vote on an administrative action taken by a vote of a board of education;
13358          (d) an adjudicative proceeding over which an education official has direct or indirect
13359     control;
13360          (e) a purchasing or contracting decision;
13361          (f) drafting or making a policy, resolution, or rule;
13362          (g) determining a rate or fee; or
13363          (h) making an adjudicative decision.
13364          (8) "Education official" means:
13365          (a) a member of a board of education;
13366          (b) an individual appointed to or employed in a position under a board of education, if
13367     that individual:
13368          (i) occupies a policymaking position or makes purchasing or contracting decisions;
13369          (ii) drafts resolutions or policies or drafts or makes rules;
13370          (iii) determines rates or fees;
13371          (iv) makes decisions relating to an education budget or the expenditure of public
13372     money; or
13373          (v) makes adjudicative decisions; or
13374          (c) an immediate family member of an individual described in Subsection (8)(a) or (b).
13375          (9) "Event" means entertainment, a performance, a contest, or a recreational activity
13376     that an individual participates in or is a spectator at, including a sporting event, an artistic
13377     event, a play, a movie, dancing, or singing.
13378          (10) "Executive action" means:
13379          (a) a nomination or appointment by the governor;
13380          (b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
13381     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
13382          (c) agency ratemaking proceedings; or
13383          (d) an adjudicative proceeding of a state agency.
13384          (11) (a) "Expenditure" means any of the items listed in this Subsection (11)(a) when
13385     given to or for the benefit of a public official unless consideration of equal or greater value is

13386     received:
13387          (i) a purchase, payment, or distribution;
13388          (ii) a loan, gift, or advance;
13389          (iii) a deposit, subscription, or forbearance;
13390          (iv) services or goods;
13391          (v) money;
13392          (vi) real property;
13393          (vii) a ticket or admission to an event; or
13394          (viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
13395     any item listed in Subsections (11)(a)(i) through (vii).
13396          (b) "Expenditure" does not mean:
13397          (i) a commercially reasonable loan made in the ordinary course of business;
13398          (ii) a campaign contribution:
13399          (A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
13400     Reporting Requirements, Section 10-3-208, Section 17-16-6.5, or any applicable ordinance
13401     adopted under Subsection [10-3-208(6)] 10-3-208(8) or 17-16-6.5(1); or
13402          (B) lawfully given to a person that is not required to report the contribution under a law
13403     or ordinance described in Subsection (11)(b)(ii)(A);
13404          (iii) printed informational material that is related to the performance of the recipient's
13405     official duties;
13406          (iv) a devise or inheritance;
13407          (v) any item listed in Subsection (11)(a) if:
13408          (A) given by a relative;
13409          (B) given by a compensation payor for a purpose solely unrelated to the public
13410     official's position as a public official;
13411          (C) the item is food or beverage with a value that does not exceed the food
13412     reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
13413     the food reimbursement rate; or
13414          (D) the item is not food or beverage, has a value of less than $10, and the aggregate
13415     daily expenditures do not exceed $10;
13416          (vi) food or beverage that is provided at an event, a tour, or a meeting to which the

13417     following are invited:
13418          (A) all members of the Legislature;
13419          (B) all members of a standing or interim committee;
13420          (C) all members of an official legislative task force;
13421          (D) all members of a party caucus; or
13422          (E) all members of a group described in Subsections (11)(b)(vi)(A) through (D) who
13423     are attending a meeting of a national organization whose primary purpose is addressing general
13424     legislative policy;
13425          (vii) food or beverage that is provided at an event, a tour, or a meeting to a public
13426     official who is:
13427          (A) giving a speech at the event, tour, or meeting;
13428          (B) participating in a panel discussion at the event, tour, or meeting; or
13429          (C) presenting or receiving an award at the event, tour, or meeting;
13430          (viii) a plaque, commendation, or award that:
13431          (A) is presented in public; and
13432          (B) has the name of the individual receiving the plaque, commendation, or award
13433     inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
13434     award;
13435          (ix) a gift that:
13436          (A) is an item that is not consumable and not perishable;
13437          (B) a public official, other than a local official or an education official, accepts on
13438     behalf of the state;
13439          (C) the public official promptly remits to the state;
13440          (D) a property administrator does not reject under Section 63G-23-103;
13441          (E) does not constitute a direct benefit to the public official before or after the public
13442     official remits the gift to the state; and
13443          (F) after being remitted to the state, is not transferred, divided, distributed, or used to
13444     distribute a gift or benefit to one or more public officials in a manner that would otherwise
13445     qualify the gift as an expenditure if the gift were given directly to a public official;
13446          (x) any of the following with a cash value not exceeding $30:
13447          (A) a publication; or

13448          (B) a commemorative item;
13449          (xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
13450     which is:
13451          (A) to solicit a contribution that is reportable under Title 20A, Chapter 11, Campaign
13452     and Financial Reporting Requirements, 2 U.S.C. Sec. 434, Section 10-3-208, Section
13453     17-16-6.5, or an applicable ordinance adopted under Subsection [10-3-208(6)] 10-3-208(8) or
13454     17-16-6.5(1);
13455          (B) to solicit a campaign contribution that a person is not required to report under a law
13456     or ordinance described in Subsection (11)(b)(xi)(A); or
13457          (C) charitable solicitation, as defined in Section 13-22-2;
13458          (xii) travel to, lodging at, food or beverage served at, and admission to an approved
13459     activity;
13460          (xiii) sponsorship of an approved activity;
13461          (xiv) notwithstanding Subsection (11)(a)(vii), admission to, attendance at, or travel to
13462     or from an event, a tour, or a meeting:
13463          (A) that is sponsored by a governmental entity;
13464          (B) that is widely attended and related to a governmental duty of a public official;
13465          (C) for a local official, that is sponsored by an organization that represents only local
13466     governments, including the Utah Association of Counties, the Utah League of Cities and
13467     Towns, or the Utah Association of Special Districts; or
13468          (D) for an education official, that is sponsored by a public school, a charter school, or
13469     an organization that represents only public schools or charter schools, including the Utah
13470     Association of Public Charter Schools, the Utah School Boards Association, or the Utah
13471     School Superintendents Association; or
13472          (xv) travel to a widely attended tour or meeting related to a governmental duty of a
13473     public official if that travel results in a financial savings to:
13474          (A) for a public official who is not a local official or an education official, the state; or
13475          (B) for a public official who is a local official or an education official, the local
13476     government or board of education to which the public official belongs.
13477          (12) "Food reimbursement rate" means the total amount set by the director of the
13478     Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an

13479     employee of the executive branch, for an entire day.
13480          (13) (a) "Foreign agent" means an individual who engages in lobbying under contract
13481     with a foreign government.
13482          (b) "Foreign agent" does not include an individual who is recognized by the United
13483     States Department of State as a duly accredited diplomatic or consular officer of a foreign
13484     government, including a duly accredited honorary consul.
13485          (14) "Foreign government" means a government other than the government of:
13486          (a) the United States;
13487          (b) a state within the United States;
13488          (c) a territory or possession of the United States; or
13489          (d) a political subdivision of the United States.
13490          (15) (a) "Government officer" means:
13491          (i) an individual elected to a position in state or local government, when acting in the
13492     capacity of the state or local government position;
13493          (ii) an individual elected to a board of education, when acting in the capacity of a
13494     member of a board of education;
13495          (iii) an individual appointed to fill a vacancy in a position described in Subsection
13496     (15)(a)(i) or (ii), when acting in the capacity of the position; or
13497          (iv) an individual appointed to or employed in a full-time position by state government,
13498     local government, or a board of education, when acting in the capacity of the individual's
13499     appointment or employment.
13500          (b) "Government officer" does not mean a member of the legislative branch of state
13501     government.
13502          (16) "Immediate family" means:
13503          (a) a spouse;
13504          (b) a child residing in the household; or
13505          (c) an individual claimed as a dependent for tax purposes.
13506          (17) "Legislative action" means:
13507          (a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
13508     proposed in either house of the Legislature or its committees or requested by a legislator; and
13509          (b) the action of the governor in approving or vetoing legislation.

13510          (18) "Lobbying" means communicating with a public official for the purpose of
13511     influencing a legislative action, executive action, local action, or education action.
13512          (19) (a) "Lobbyist" means:
13513          (i) an individual who is employed by a principal; or
13514          (ii) an individual who contracts for economic consideration, other than reimbursement
13515     for reasonable travel expenses, with a principal to lobby a public official.
13516          (b) "Lobbyist" does not include:
13517          (i) a government officer;
13518          (ii) a member or employee of the legislative branch of state government;
13519          (iii) a person, including a principal, while appearing at, or providing written comments
13520     to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
13521     Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
13522          (iv) a person participating on or appearing before an advisory or study task force,
13523     commission, board, or committee, constituted by the Legislature, a local government, a board
13524     of education, or any agency or department of state government, except legislative standing,
13525     appropriation, or interim committees;
13526          (v) a representative of a political party;
13527          (vi) an individual representing a bona fide church solely for the purpose of protecting
13528     the right to practice the religious doctrines of the church, unless the individual or church makes
13529     an expenditure that confers a benefit on a public official;
13530          (vii) a newspaper, television station or network, radio station or network, periodical of
13531     general circulation, or book publisher for the purpose of publishing news items, editorials,
13532     other comments, or paid advertisements that directly or indirectly urge legislative action,
13533     executive action, local action, or education action;
13534          (viii) an individual who appears on the individual's own behalf before a committee of
13535     the Legislature, an agency of the executive branch of state government, a board of education,
13536     the governing body of a local government, a committee of a local government, or a committee
13537     of a board of education, solely for the purpose of testifying in support of or in opposition to
13538     legislative action, executive action, local action, or education action; or
13539          (ix) an individual representing a business, entity, or industry, who:
13540          (A) interacts with a public official, in the public official's capacity as a public official,

13541     while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
13542     interaction or while presenting at a legislative committee meeting at the same time that the
13543     registered lobbyist is attending another legislative committee meeting; and
13544          (B) does not make an expenditure for, or on behalf of, a public official in relation to the
13545     interaction or during the period of interaction.
13546          (20) "Lobbyist group" means two or more lobbyists, principals, government officers, or
13547     any combination of lobbyists, principals, and government officers, who each contribute a
13548     portion of an expenditure made to benefit a public official or member of the public official's
13549     immediate family.
13550          (21) "Local action" means:
13551          (a) an ordinance or resolution for consideration by a local government;
13552          (b) a nomination or appointment by a local official or a local government;
13553          (c) a vote on an administrative action taken by a vote of a local government's
13554     legislative body;
13555          (d) an adjudicative proceeding over which a local official has direct or indirect control;
13556          (e) a purchasing or contracting decision;
13557          (f) drafting or making a policy, resolution, or rule;
13558          (g) determining a rate or fee; or
13559          (h) making an adjudicative decision.
13560          (22) "Local government" means:
13561          (a) a county, city, town, or metro township;
13562          (b) a special district governed by Title 17B, Limited Purpose Local Government
13563     Entities - Special Districts;
13564          (c) a special service district governed by Title 17D, Chapter 1, Special Service District
13565     Act;
13566          (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
13567     Government Entities - Community Reinvestment Agency Act;
13568          (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
13569          (f) a redevelopment agency; or
13570          (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
13571     13, Interlocal Cooperation Act.

13572          (23) "Local official" means:
13573          (a) an elected member of a local government;
13574          (b) an individual appointed to or employed in a position in a local government if that
13575     individual:
13576          (i) occupies a policymaking position or makes purchasing or contracting decisions;
13577          (ii) drafts ordinances or resolutions or drafts or makes rules;
13578          (iii) determines rates or fees; or
13579          (iv) makes adjudicative decisions; or
13580          (c) an immediate family member of an individual described in Subsection (23)(a) or
13581     (b).
13582          (24) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
13583     make a decision, including a conference, seminar, or summit.
13584          (25) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
13585     who represents two or more clients and divides the aggregate daily expenditure made to benefit
13586     a public official or member of the public official's immediate family between two or more of
13587     those clients.
13588          (26) "Principal" means a person that employs an individual to perform lobbying, either
13589     as an employee or as an independent contractor.
13590          (27) "Public official" means:
13591          (a) (i) a member of the Legislature;
13592          (ii) an individual elected to a position in the executive branch of state government; or
13593          (iii) an individual appointed to or employed in a position in the executive or legislative
13594     branch of state government if that individual:
13595          (A) occupies a policymaking position or makes purchasing or contracting decisions;
13596          (B) drafts legislation or makes rules;
13597          (C) determines rates or fees; or
13598          (D) makes adjudicative decisions;
13599          (b) an immediate family member of a person described in Subsection (27)(a);
13600          (c) a local official; or
13601          (d) an education official.
13602          (28) "Public official type" means a notation to identify whether a public official is:

13603          (a) (i) a member of the Legislature;
13604          (ii) an individual elected to a position in the executive branch of state government;
13605          (iii) an individual appointed to or employed in a position in the legislative branch of
13606     state government who meets the definition of public official under Subsection (27)(a)(iii);
13607          (iv) an individual appointed to or employed in a position in the executive branch of
13608     state government who meets the definition of public official under Subsection (27)(a)(iii);
13609          (v) a local official, including a description of the type of local government for which
13610     the individual is a local official; or
13611          (vi) an education official, including a description of the type of board of education for
13612     which the individual is an education official; or
13613          (b) an immediate family member of an individual described in Subsection (27)(a), (c),
13614     or (d).
13615          (29) "Quarterly reporting period" means the three-month period covered by each
13616     financial report required under Subsection 36-11-201(2)(a).
13617          (30) "Related person" means a person, agent, or employee who knowingly and
13618     intentionally assists a lobbyist, principal, or government officer in lobbying.
13619          (31) "Relative" means:
13620          (a) a spouse;
13621          (b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
13622     brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
13623          (c) a spouse of an individual described in Subsection (31)(b).
13624          (32) "Tour" means visiting a location, for a purpose relating to the duties of a public
13625     official, and not primarily for entertainment, including:
13626          (a) viewing a facility;
13627          (b) viewing the sight of a natural disaster; or
13628          (c) assessing a circumstance in relation to which a public official may need to take
13629     action within the scope of the public official's duties.
13630          Section 246. Section 63A-19-101 is enacted to read:
13631     
CHAPTER 19. ELECTIONS OFFICE

13632          63A-19-101. Definitions.
13633          As used in this chapter:

13634          (1) "Appointing committee" means the committee created in Subsection
13635     63A-19-201(2).
13636          (2) "Director" means the director of the office, appointed under Subsection
13637     63A-19-201(3)(a).
13638          (3) "Office" means the Elections Office, created in Subsection 63A-19-201(1).
13639          Section 247. Section 63A-19-201 is enacted to read:
13640          63A-19-201. Elections Office - Creation -- Director -- Appointment -- Term.
13641          (1) There is created an independent entity within the department known as the
13642     "Elections Office."
13643          (2) There is created an appointing committee, consisting of the following:
13644          (a) the governor;
13645          (b) the lieutenant governor;
13646          (c) the president of the Senate;
13647          (d) the speaker of the House or Representatives;
13648          (e) the attorney general;
13649          (f) the state auditor; and
13650          (g) the state treasurer.
13651          (3) The appointing committee shall, by a majority vote of the members of the
13652     appointing committee:
13653          (a) appoint the director of the office, with the advice and consent of the Senate; and
13654          (b) establish the salary for the director based upon a recommendation from the
13655     Division of Human Resource Management which shall be based on a market salary survey
13656     conducted by the Division of Human Resource Management.
13657          (4) An individual appointed as the director:
13658          (a) shall be familiar with federal and state election law;
13659          (b) shall be familiar with the state's election system;
13660          (c) shall have strong management and interpersonal skills;
13661          (d) shall be a nonpartisan individual who is not affiliated with a political party; and
13662          (e) may not hold an elective office, or be a candidate for elective office, while serving
13663     as the director.
13664          (5) The director:

13665          (a) shall serve a term of six years;
13666          (b) may, in accordance with Subsection (3), be appointed to subsequent terms; and
13667          (c) may be removed during a term of service, only for cause, by a majority vote of the
13668     appointing committee with the advice and consent of the Senate.
13669          (6) If the director is removed for cause, the appointing committee shall appoint an
13670     individual, in accordance with Subsection (3), to serve the remainder of the previous director's
13671     term.
13672          (7) The director and the office are not under the supervision of, and do not take
13673     direction from, the governor, lieutenant governor, executive director, or any other person,
13674     except for direction given by the executive director for solely administrative purposes.
13675          (8) The office:
13676          (a) shall use the legal services of the Office of the Attorney General;
13677          (b) shall submit a budget for the office directly to the department;
13678          (c) is subject to:
13679          (i) Title 51, Chapter 5, Funds Consolidation Act;
13680          (ii) Title 51, Chapter 7, State Money Management Act;
13681          (iii) Title 63A, Utah Government Operations Code;
13682          (iv) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
13683          (v) Title 63G, Chapter 6a, Utah Procurement Code;
13684          (vi) Title 63J, Chapter 1, Budgetary Procedures Act;
13685          (vii) Title 63J, Chapter 2, Revenue Procedures and Control Act;
13686          (viii) Chapter 17, Utah State Personnel Management Act;
13687          (ix) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
13688          (x) Title 52, Chapter 4, Open and Public Meetings Act;
13689          (xi) Title 63G, Chapter 2, Government Records Access and Management Act; and
13690          (xii) coverage under the Risk Management Fund created under Section 63A-4-201; and
13691          (d) shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
13692     Act, make rules to establish policies for employees that are substantially similar to the rules
13693     made by the Division of Human Resource Management.
13694          Section 248. Section 63A-19-202 is enacted to read:
13695          63A-19-202. Duties of the director.

13696          (1) The director shall, in accordance with Subsection (2), serve as the chief election
13697     officer of the state.
13698          (2) (a) As the chief election officer, the director shall:
13699          (i) exercise oversight, and general supervisory authority, over all elections;
13700          (ii) exercise direct authority over the conduct of elections for federal, state, and
13701     multicounty officers and statewide or multicounty ballot propositions and any recounts
13702     involving those races;
13703          (iii) establish uniformity in the election ballot;
13704          (iv) (A) prepare election information for the public as required by law and as
13705     determined appropriate by the director; and
13706          (B) make the information described in Subsection (2)(a)(iv)(A) available to the public
13707     and to news media, on the Internet, and in other forms as required by law and as determined
13708     appropriate by the director;
13709          (v) receive and answer election questions and maintain an election file on opinions
13710     received from the attorney general;
13711          (vi) maintain a current list of registered political parties as defined in Section
13712     20A-8-101;
13713          (vii) maintain election returns and statistics;
13714          (viii) certify to the governor the names of individuals nominated to run for, or elected
13715     to, office;
13716          (ix) ensure that all voting equipment purchased by the state complies with the
13717     requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
13718          (x) during a declared emergency, to the extent that the director determines it warranted,
13719     designate, as provided in Section 20A-1-308, a different method, time, or location relating to:
13720          (A) voting on election day;
13721          (B) early voting;
13722          (C) the transmittal or voting of a mail-in ballot or military-overseas ballot;
13723          (D) the counting of mail-in ballot or military-overseas ballot; or
13724          (E) the canvassing of election returns; and
13725          (xi) exercise all other election authority, and perform other election duties, as provided
13726     in Title 20A, Election Code.

13727          (b) As chief election officer, the director:
13728          (i) shall oversee all elections, and functions relating to elections, in the state;
13729          (ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
13730     an election officer with legal requirements relating to elections; and
13731          (iii) may not assume the responsibilities assigned to the county clerks, city recorders,
13732     town clerks, or other local election officials by Title 20A, Election Code.
13733          Section 249. Section 63C-27-201 is amended to read:
13734          63C-27-201. Cybersecurity Commission created.
13735          (1) There is created the Cybersecurity Commission.
13736          (2) The commission shall be composed of 24 members:
13737          (a) one member the governor designates to serve as the governor's designee;
13738          (b) the commissioner of the Department of Public Safety;
13739          (c) the [lieutenant governor] director of the Elections Office, or an election officer, as
13740     that term is defined in Section 20A-1-102, [the] [lieutenant governor] whom the director
13741     designates to serve as the [lieutenant governor's] director's designee;
13742          (d) the chief information officer of the Division of Technology Services;
13743          (e) the chief information security officer, as described in Section 63A-16-210;
13744          (f) the chairman of the Public Service Commission shall designate a representative
13745     with professional experience in information technology or cybersecurity;
13746          (g) the executive director of the Utah Department of Transportation shall designate a
13747     representative with professional experience in information technology or cybersecurity;
13748          (h) the director of the Division of Finance shall designate a representative with
13749     professional experience in information technology or cybersecurity;
13750          (i) the executive director of the Department of Health and Human Services shall
13751     designate a representative with professional experience in information technology or
13752     cybersecurity;
13753          (j) the director of the Division of Indian Affairs shall designate a representative with
13754     professional experience in information technology or cybersecurity;
13755          (k) the Utah League of Cities and Towns shall designate a representative with
13756     professional experience in information technology or cybersecurity;
13757          (l) the Utah Association of Counties shall designate a representative with professional

13758     experience in information technology or cybersecurity;
13759          (m) the attorney general, or the attorney general's designee;
13760          (n) the commissioner of financial institutions, or the commissioner's designee;
13761          (o) the executive director of the Department of Environmental Quality shall designate a
13762     representative with professional experience in information technology or cybersecurity;
13763          (p) the executive director of the Department of Natural Resources shall designate a
13764     representative with professional experience in information technology or cybersecurity;
13765          (q) the highest ranking information technology official, or the official's designee, from
13766     each of:
13767          (i) the Judicial Council;
13768          (ii) the Utah Board of Higher Education;
13769          (iii) the State Board of Education; and
13770          (iv) the State Tax Commission;
13771          (r) the governor shall appoint:
13772          (i) one representative from the Utah National Guard; and
13773          (ii) one representative from the Governor's Office of Economic Opportunity;
13774          (s) the president of the Senate shall appoint one member of the Senate; and
13775          (t) the speaker of the House of Representatives shall appoint one member of the House
13776     of Representatives.
13777          (3) (a) The governor's designee shall serve as cochair of the commission.
13778          (b) The commissioner of the Department of Public Safety shall serve as cochair of the
13779     commission.
13780          (4) (a) The members described in Subsection (2) shall represent urban, rural, and
13781     suburban population areas.
13782          (b) No fewer than half of the members described in Subsection (2) shall have
13783     professional experience in cybersecurity or in information technology.
13784          (5) In addition to the membership described in Subsection (2), the commission shall
13785     seek information and advice from state and private entities with expertise in critical
13786     infrastructure.
13787          (6) As necessary to improve information and protect potential vulnerabilities, the
13788     commission shall seek information and advice from federal entities including:

13789          (a) the Cybersecurity and Infrastructure Security Agency;
13790          (b) the Federal Energy Regulatory Commission;
13791          (c) the Federal Bureau of Investigation; and
13792          (d) the United States Department of Transportation.
13793          (7) (a) Except as provided in Subsections (7)(b) and (c), a member is appointed for a
13794     term of four years.
13795          (b) A member shall serve until the member's successor is appointed and qualified.
13796          (c) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the
13797     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
13798     commission members are staggered so that approximately half of the commission members
13799     appointed under Subsection (2)(r) are appointed every two years.
13800          (8) (a) If a vacancy occurs in the membership of the commission, the member shall be
13801     replaced in the same manner in which the original appointment was made.
13802          (b) An individual may be appointed to more than one term.
13803          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
13804     appointed for the unexpired term.
13805          (9) (a) A majority of the members of the commission is a quorum.
13806          (b) The action of a majority of a quorum constitutes an action of the commission.
13807          (10) The commission shall meet at least two times a year.
13808          Section 250. Section 63G-2-203 is amended to read:
13809          63G-2-203. Fees.
13810          (1) (a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
13811     cover the governmental entity's actual cost of providing a record.
13812          (b) A fee under Subsection (1)(a) shall be approved by the governmental entity's
13813     executive officer.
13814          (2) (a) When a governmental entity compiles a record in a form other than that
13815     normally maintained by the governmental entity, the actual costs under this section may include
13816     the following:
13817          (i) the cost of staff time for compiling, formatting, manipulating, packaging,
13818     summarizing, or tailoring the record either into an organization or media to meet the person's
13819     request;

13820          (ii) the cost of staff time for search, retrieval, and other direct administrative costs for
13821     complying with a request; and
13822          (iii) in the case of fees for a record that is the result of computer output other than word
13823     processing, the actual incremental cost of providing the electronic services and products
13824     together with a reasonable portion of the costs associated with formatting or interfacing the
13825     information for particular users, and the administrative costs as set forth in Subsections
13826     (2)(a)(i) and (ii).
13827          (b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
13828     paid employee who, in the discretion of the custodian of records, has the necessary skill and
13829     training to perform the request.
13830          (3) (a) Fees shall be established as provided in this Subsection (3).
13831          (b) A governmental entity with fees established by the Legislature:
13832          (i) shall establish the fees defined in Subsection (2), or other actual costs associated
13833     with this section through the budget process; and
13834          (ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
13835     establishes fees through the budget process.
13836          (c) Political subdivisions shall establish fees by ordinance or written formal policy
13837     adopted by the governing body.
13838          (d) The judiciary shall establish fees by rules of the judicial council.
13839          (4) A governmental entity may fulfill a record request without charge and is
13840     encouraged to do so if it determines that:
13841          (a) releasing the record primarily benefits the public rather than a person;
13842          (b) the individual requesting the record is the subject of the record, or an individual
13843     specified in Subsection 63G-2-202(1) or (2); or
13844          (c) the requester's legal rights are directly implicated by the information in the record,
13845     and the requester is impecunious.
13846          (5) (a) As used in this Subsection (5), "media representative":
13847          (i) means a person who requests a record to obtain information for a story or report for
13848     publication or broadcast to the general public; and
13849          (ii) does not include a person who requests a record to obtain information for a blog,
13850     podcast, social media account, or other means of mass communication generally available to a

13851     member of the public.
13852          (b) A governmental entity may not charge a fee for:
13853          (i) reviewing a record to determine whether it is subject to disclosure, except as
13854     permitted by Subsection (2)(a)(ii);
13855          (ii) inspecting a record; or
13856          (iii) the first quarter hour of staff time spent in responding to a request under Section
13857     63G-2-204.
13858          (c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from
13859     charging a fee for the first quarter hour of staff time spent in responding to a request under
13860     Section 63G-2-204 if the person who submits the request:
13861          (i) is not a Utah media representative; and
13862          (ii) previously submitted a separate request within the 10-day period immediately
13863     before the date of the request to which the governmental entity is responding.
13864          (6) (a) A person who believes that there has been an unreasonable denial of a fee
13865     waiver under Subsection (4) may appeal the denial in the same manner as a person appeals
13866     when inspection of a public record is denied under Section 63G-2-205.
13867          (b) The adjudicative body hearing the appeal:
13868          (i) shall review the fee waiver de novo, but shall review and consider the governmental
13869     entity's denial of the fee waiver and any determination under Subsection (4); and
13870          (ii) has the same authority when a fee waiver or reduction is denied as it has when the
13871     inspection of a public record is denied.
13872          (7) (a) All fees received under this section by a governmental entity subject to
13873     Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
13874          (b) Those funds shall be used to recover the actual cost and expenses incurred by the
13875     governmental entity in providing the requested record or record series.
13876          (8) (a) A governmental entity may require payment of past fees and future estimated
13877     fees before beginning to process a request if:
13878          (i) fees are expected to exceed $50; or
13879          (ii) the requester has not paid fees from previous requests.
13880          (b) Any prepaid amount in excess of fees due shall be returned to the requester.
13881          (9) This section does not alter, repeal, or reduce fees established by other statutes or

13882     legislative acts.
13883          (10) (a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be
13884     set as provided in this Subsection (10).
13885          (b) The [lieutenant governor] director of the Elections Office, appointed under
13886     Subsection 63A-19-201(3)(a), shall:
13887          (i) after consultation with county clerks, establish uniform fees for voter registration
13888     and voter history records that meet the requirements of this section; and
13889          (ii) obtain legislative approval of those fees by following the procedures and
13890     requirements of Section 63J-1-504.
13891          Section 251. Section 63G-2-302 is amended to read:
13892          63G-2-302. Private records.
13893          (1) The following records are private:
13894          (a) records concerning an individual's eligibility for unemployment insurance benefits,
13895     social services, welfare benefits, or the determination of benefit levels;
13896          (b) records containing data on individuals describing medical history, diagnosis,
13897     condition, treatment, evaluation, or similar medical data;
13898          (c) records of publicly funded libraries that when examined alone or with other records
13899     identify a patron;
13900          (d) records received by or generated by or for:
13901          (i) the Independent Legislative Ethics Commission, except for:
13902          (A) the commission's summary data report that is required under legislative rule; and
13903          (B) any other document that is classified as public under legislative rule; or
13904          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
13905     unless the record is classified as public under legislative rule;
13906          (e) records received by, or generated by or for, the Independent Executive Branch
13907     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
13908     of Executive Branch Ethics Complaints;
13909          (f) records received or generated for a Senate confirmation committee concerning
13910     character, professional competence, or physical or mental health of an individual:
13911          (i) if, prior to the meeting, the chair of the committee determines release of the records:
13912          (A) reasonably could be expected to interfere with the investigation undertaken by the

13913     committee; or
13914          (B) would create a danger of depriving a person of a right to a fair proceeding or
13915     impartial hearing; and
13916          (ii) after the meeting, if the meeting was closed to the public;
13917          (g) employment records concerning a current or former employee of, or applicant for
13918     employment with, a governmental entity that would disclose that individual's home address,
13919     home telephone number, social security number, insurance coverage, marital status, or payroll
13920     deductions;
13921          (h) records or parts of records under Section 63G-2-303 that a current or former
13922     employee identifies as private according to the requirements of that section;
13923          (i) that part of a record indicating a person's social security number or federal employer
13924     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
13925     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
13926          (j) that part of a voter registration record identifying a voter's:
13927          (i) driver license or identification card number;
13928          (ii) social security number, or last four digits of the social security number;
13929          (iii) email address;
13930          (iv) date of birth; or
13931          (v) phone number;
13932          (k) a voter registration record that is classified as a private record by the [lieutenant
13933     governor] director of the Elections Office, appointed under Subsection 63A-19-201(3)(a), or a
13934     county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or 20A-2-204(4)(b);
13935          (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
13936          (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
13937     verification submitted in support of the form;
13938          (n) a record that:
13939          (i) contains information about an individual;
13940          (ii) is voluntarily provided by the individual; and
13941          (iii) goes into an electronic database that:
13942          (A) is designated by and administered under the authority of the Chief Information
13943     Officer; and

13944          (B) acts as a repository of information about the individual that can be electronically
13945     retrieved and used to facilitate the individual's online interaction with a state agency;
13946          (o) information provided to the Commissioner of Insurance under:
13947          (i) Subsection 31A-23a-115(3)(a);
13948          (ii) Subsection 31A-23a-302(4); or
13949          (iii) Subsection 31A-26-210(4);
13950          (p) information obtained through a criminal background check under Title 11, Chapter
13951     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
13952          (q) information provided by an offender that is:
13953          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
13954     Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
13955          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
13956     77-43-108(4);
13957          (r) a statement and any supporting documentation filed with the attorney general in
13958     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
13959     homeland security;
13960          (s) electronic toll collection customer account information received or collected under
13961     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
13962     collected by a public transit district, including contact and payment information and customer
13963     travel data;
13964          (t) an email address provided by a military or overseas voter under Section
13965     20A-16-501;
13966          (u) a completed military-overseas ballot that is electronically transmitted under Title
13967     20A, Chapter 16, Uniform Military and Overseas Voters Act;
13968          (v) records received by or generated by or for the Political Subdivisions Ethics Review
13969     Commission established in Section 63A-15-201, except for:
13970          (i) the commission's summary data report that is required in Section 63A-15-202; and
13971          (ii) any other document that is classified as public in accordance with Title 63A,
13972     Chapter 15, Political Subdivisions Ethics Review Commission;
13973          (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
13974     an incident or threat;

13975          (x) a criminal background check or credit history report conducted in accordance with
13976     Section 63A-3-201;
13977          (y) a record described in Subsection 53-5a-104(7);
13978          (z) on a record maintained by a county for the purpose of administering property taxes,
13979     an individual's:
13980          (i) email address;
13981          (ii) phone number; or
13982          (iii) personal financial information related to a person's payment method;
13983          (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
13984     exemption, deferral, abatement, or relief under:
13985          (i) Title 59, Chapter 2, Part 11, Exemptions;
13986          (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
13987          (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
13988          (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
13989          (bb) a record provided by the State Tax Commission in response to a request under
13990     Subsection 59-1-403(4)(y)(iii);
13991          (cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
13992     child welfare case, as described in Subsection 36-33-103(3); and
13993          (dd) a record relating to drug or alcohol testing of a state employee under Section
13994     63A-17-1004.
13995          (2) The following records are private if properly classified by a governmental entity:
13996          (a) records concerning a current or former employee of, or applicant for employment
13997     with a governmental entity, including performance evaluations and personal status information
13998     such as race, religion, or disabilities, but not including records that are public under Subsection
13999     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
14000          (b) records describing an individual's finances, except that the following are public:
14001          (i) records described in Subsection 63G-2-301(2);
14002          (ii) information provided to the governmental entity for the purpose of complying with
14003     a financial assurance requirement; or
14004          (iii) records that must be disclosed in accordance with another statute;
14005          (c) records of independent state agencies if the disclosure of those records would

14006     conflict with the fiduciary obligations of the agency;
14007          (d) other records containing data on individuals the disclosure of which constitutes a
14008     clearly unwarranted invasion of personal privacy;
14009          (e) records provided by the United States or by a government entity outside the state
14010     that are given with the requirement that the records be managed as private records, if the
14011     providing entity states in writing that the record would not be subject to public disclosure if
14012     retained by it;
14013          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
14014     created in Section 26B-6-102, that may disclose, or lead to the discovery of, the identity of a
14015     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
14016          (g) audio and video recordings created by a body-worn camera, as defined in Section
14017     77-7a-103, that record sound or images inside a home or residence except for recordings that:
14018          (i) depict the commission of an alleged crime;
14019          (ii) record any encounter between a law enforcement officer and a person that results in
14020     death or bodily injury, or includes an instance when an officer fires a weapon;
14021          (iii) record any encounter that is the subject of a complaint or a legal proceeding
14022     against a law enforcement officer or law enforcement agency;
14023          (iv) contain an officer involved critical incident as defined in Subsection
14024     76-2-408(1)(f); or
14025          (v) have been requested for reclassification as a public record by a subject or
14026     authorized agent of a subject featured in the recording.
14027          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
14028     records, statements, history, diagnosis, condition, treatment, and evaluation.
14029          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
14030     doctors, or affiliated entities are not private records or controlled records under Section
14031     63G-2-304 when the records are sought:
14032          (i) in connection with any legal or administrative proceeding in which the patient's
14033     physical, mental, or emotional condition is an element of any claim or defense; or
14034          (ii) after a patient's death, in any legal or administrative proceeding in which any party
14035     relies upon the condition as an element of the claim or defense.
14036          (c) Medical records are subject to production in a legal or administrative proceeding

14037     according to state or federal statutes or rules of procedure and evidence as if the medical
14038     records were in the possession of a nongovernmental medical care provider.
14039          Section 252. Section 63G-2-305 is amended to read:
14040          63G-2-305. Protected records.
14041          The following records are protected if properly classified by a governmental entity:
14042          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
14043     has provided the governmental entity with the information specified in Section 63G-2-309;
14044          (2) commercial information or nonindividual financial information obtained from a
14045     person if:
14046          (a) disclosure of the information could reasonably be expected to result in unfair
14047     competitive injury to the person submitting the information or would impair the ability of the
14048     governmental entity to obtain necessary information in the future;
14049          (b) the person submitting the information has a greater interest in prohibiting access
14050     than the public in obtaining access; and
14051          (c) the person submitting the information has provided the governmental entity with
14052     the information specified in Section 63G-2-309;
14053          (3) commercial or financial information acquired or prepared by a governmental entity
14054     to the extent that disclosure would lead to financial speculations in currencies, securities, or
14055     commodities that will interfere with a planned transaction by the governmental entity or cause
14056     substantial financial injury to the governmental entity or state economy;
14057          (4) records, the disclosure of which could cause commercial injury to, or confer a
14058     competitive advantage upon a potential or actual competitor of, a commercial project entity as
14059     defined in Subsection 11-13-103(4);
14060          (5) test questions and answers to be used in future license, certification, registration,
14061     employment, or academic examinations;
14062          (6) records, the disclosure of which would impair governmental procurement
14063     proceedings or give an unfair advantage to any person proposing to enter into a contract or
14064     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
14065     Subsection (6) does not restrict the right of a person to have access to, after the contract or
14066     grant has been awarded and signed by all parties:
14067          (a) a bid, proposal, application, or other information submitted to or by a governmental

14068     entity in response to:
14069          (i) an invitation for bids;
14070          (ii) a request for proposals;
14071          (iii) a request for quotes;
14072          (iv) a grant; or
14073          (v) other similar document; or
14074          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
14075          (7) information submitted to or by a governmental entity in response to a request for
14076     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
14077     the right of a person to have access to the information, after:
14078          (a) a contract directly relating to the subject of the request for information has been
14079     awarded and signed by all parties; or
14080          (b) (i) a final determination is made not to enter into a contract that relates to the
14081     subject of the request for information; and
14082          (ii) at least two years have passed after the day on which the request for information is
14083     issued;
14084          (8) records that would identify real property or the appraisal or estimated value of real
14085     or personal property, including intellectual property, under consideration for public acquisition
14086     before any rights to the property are acquired unless:
14087          (a) public interest in obtaining access to the information is greater than or equal to the
14088     governmental entity's need to acquire the property on the best terms possible;
14089          (b) the information has already been disclosed to persons not employed by or under a
14090     duty of confidentiality to the entity;
14091          (c) in the case of records that would identify property, potential sellers of the described
14092     property have already learned of the governmental entity's plans to acquire the property;
14093          (d) in the case of records that would identify the appraisal or estimated value of
14094     property, the potential sellers have already learned of the governmental entity's estimated value
14095     of the property; or
14096          (e) the property under consideration for public acquisition is a single family residence
14097     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
14098     the property as required under Section 78B-6-505;

14099          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
14100     compensated transaction of real or personal property including intellectual property, which, if
14101     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
14102     of the subject property, unless:
14103          (a) the public interest in access is greater than or equal to the interests in restricting
14104     access, including the governmental entity's interest in maximizing the financial benefit of the
14105     transaction; or
14106          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
14107     the value of the subject property have already been disclosed to persons not employed by or
14108     under a duty of confidentiality to the entity;
14109          (10) records created or maintained for civil, criminal, or administrative enforcement
14110     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
14111     release of the records:
14112          (a) reasonably could be expected to interfere with investigations undertaken for
14113     enforcement, discipline, licensing, certification, or registration purposes;
14114          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
14115     proceedings;
14116          (c) would create a danger of depriving a person of a right to a fair trial or impartial
14117     hearing;
14118          (d) reasonably could be expected to disclose the identity of a source who is not
14119     generally known outside of government and, in the case of a record compiled in the course of
14120     an investigation, disclose information furnished by a source not generally known outside of
14121     government if disclosure would compromise the source; or
14122          (e) reasonably could be expected to disclose investigative or audit techniques,
14123     procedures, policies, or orders not generally known outside of government if disclosure would
14124     interfere with enforcement or audit efforts;
14125          (11) records the disclosure of which would jeopardize the life or safety of an
14126     individual;
14127          (12) records the disclosure of which would jeopardize the security of governmental
14128     property, governmental programs, or governmental recordkeeping systems from damage, theft,
14129     or other appropriation or use contrary to law or public policy;

14130          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
14131     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
14132     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
14133          (14) records that, if disclosed, would reveal recommendations made to the Board of
14134     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
14135     Board of Pardons and Parole, or the Department of Health and Human Services that are based
14136     on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
14137     board's jurisdiction;
14138          (15) records and audit workpapers that identify audit, collection, and operational
14139     procedures and methods used by the State Tax Commission, if disclosure would interfere with
14140     audits or collections;
14141          (16) records of a governmental audit agency relating to an ongoing or planned audit
14142     until the final audit is released;
14143          (17) records that are subject to the attorney client privilege;
14144          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
14145     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
14146     quasi-judicial, or administrative proceeding;
14147          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
14148     from a member of the Legislature; and
14149          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
14150     legislative action or policy may not be classified as protected under this section; and
14151          (b) (i) an internal communication that is part of the deliberative process in connection
14152     with the preparation of legislation between:
14153          (A) members of a legislative body;
14154          (B) a member of a legislative body and a member of the legislative body's staff; or
14155          (C) members of a legislative body's staff; and
14156          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
14157     legislative action or policy may not be classified as protected under this section;
14158          (20) (a) records in the custody or control of the Office of Legislative Research and
14159     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
14160     legislation or contemplated course of action before the legislator has elected to support the

14161     legislation or course of action, or made the legislation or course of action public; and
14162          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
14163     Office of Legislative Research and General Counsel is a public document unless a legislator
14164     asks that the records requesting the legislation be maintained as protected records until such
14165     time as the legislator elects to make the legislation or course of action public;
14166          (21) research requests from legislators to the Office of Legislative Research and
14167     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
14168     in response to these requests;
14169          (22) drafts, unless otherwise classified as public;
14170          (23) records concerning a governmental entity's strategy about:
14171          (a) collective bargaining; or
14172          (b) imminent or pending litigation;
14173          (24) records of investigations of loss occurrences and analyses of loss occurrences that
14174     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
14175     Uninsured Employers' Fund, or similar divisions in other governmental entities;
14176          (25) records, other than personnel evaluations, that contain a personal recommendation
14177     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
14178     personal privacy, or disclosure is not in the public interest;
14179          (26) records that reveal the location of historic, prehistoric, paleontological, or
14180     biological resources that if known would jeopardize the security of those resources or of
14181     valuable historic, scientific, educational, or cultural information;
14182          (27) records of independent state agencies if the disclosure of the records would
14183     conflict with the fiduciary obligations of the agency;
14184          (28) records of an institution within the state system of higher education defined in
14185     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
14186     retention decisions, and promotions, which could be properly discussed in a meeting closed in
14187     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
14188     the final decisions about tenure, appointments, retention, promotions, or those students
14189     admitted, may not be classified as protected under this section;
14190          (29) records of the governor's office, including budget recommendations, legislative
14191     proposals, and policy statements, that if disclosed would reveal the governor's contemplated

14192     policies or contemplated courses of action before the governor has implemented or rejected
14193     those policies or courses of action or made them public;
14194          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
14195     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
14196     recommendations in these areas;
14197          (31) records provided by the United States or by a government entity outside the state
14198     that are given to the governmental entity with a requirement that they be managed as protected
14199     records if the providing entity certifies that the record would not be subject to public disclosure
14200     if retained by it;
14201          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
14202     public body except as provided in Section 52-4-206;
14203          (33) records that would reveal the contents of settlement negotiations but not including
14204     final settlements or empirical data to the extent that they are not otherwise exempt from
14205     disclosure;
14206          (34) memoranda prepared by staff and used in the decision-making process by an
14207     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
14208     other body charged by law with performing a quasi-judicial function;
14209          (35) records that would reveal negotiations regarding assistance or incentives offered
14210     by or requested from a governmental entity for the purpose of encouraging a person to expand
14211     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
14212     person or place the governmental entity at a competitive disadvantage, but this section may not
14213     be used to restrict access to a record evidencing a final contract;
14214          (36) materials to which access must be limited for purposes of securing or maintaining
14215     the governmental entity's proprietary protection of intellectual property rights including patents,
14216     copyrights, and trade secrets;
14217          (37) the name of a donor or a prospective donor to a governmental entity, including an
14218     institution within the state system of higher education defined in Section 53B-1-102, and other
14219     information concerning the donation that could reasonably be expected to reveal the identity of
14220     the donor, provided that:
14221          (a) the donor requests anonymity in writing;
14222          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be

14223     classified protected by the governmental entity under this Subsection (37); and
14224          (c) except for an institution within the state system of higher education defined in
14225     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
14226     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
14227     over the donor, a member of the donor's immediate family, or any entity owned or controlled
14228     by the donor or the donor's immediate family;
14229          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
14230     73-18-13;
14231          (39) a notification of workers' compensation insurance coverage described in Section
14232     34A-2-205;
14233          (40) (a) the following records of an institution within the state system of higher
14234     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
14235     or received by or on behalf of faculty, staff, employees, or students of the institution:
14236          (i) unpublished lecture notes;
14237          (ii) unpublished notes, data, and information:
14238          (A) relating to research; and
14239          (B) of:
14240          (I) the institution within the state system of higher education defined in Section
14241     53B-1-102; or
14242          (II) a sponsor of sponsored research;
14243          (iii) unpublished manuscripts;
14244          (iv) creative works in process;
14245          (v) scholarly correspondence; and
14246          (vi) confidential information contained in research proposals;
14247          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
14248     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
14249          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
14250          (41) (a) records in the custody or control of the Office of the Legislative Auditor
14251     General that would reveal the name of a particular legislator who requests a legislative audit
14252     prior to the date that audit is completed and made public; and
14253          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the

14254     Office of the Legislative Auditor General is a public document unless the legislator asks that
14255     the records in the custody or control of the Office of the Legislative Auditor General that would
14256     reveal the name of a particular legislator who requests a legislative audit be maintained as
14257     protected records until the audit is completed and made public;
14258          (42) records that provide detail as to the location of an explosive, including a map or
14259     other document that indicates the location of:
14260          (a) a production facility; or
14261          (b) a magazine;
14262          (43) information contained in the statewide database of the Division of Aging and
14263     Adult Services created by Section 26B-6-210;
14264          (44) information contained in the Licensing Information System described in Title 80,
14265     Chapter 2, Child Welfare Services;
14266          (45) information regarding National Guard operations or activities in support of the
14267     National Guard's federal mission;
14268          (46) records provided by any pawn or secondhand business to a law enforcement
14269     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
14270     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
14271          (47) information regarding food security, risk, and vulnerability assessments performed
14272     by the Department of Agriculture and Food;
14273          (48) except to the extent that the record is exempt from this chapter pursuant to Section
14274     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
14275     prepared or maintained by the Division of Emergency Management, and the disclosure of
14276     which would jeopardize:
14277          (a) the safety of the general public; or
14278          (b) the security of:
14279          (i) governmental property;
14280          (ii) governmental programs; or
14281          (iii) the property of a private person who provides the Division of Emergency
14282     Management information;
14283          (49) records of the Department of Agriculture and Food that provides for the
14284     identification, tracing, or control of livestock diseases, including any program established under

14285     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
14286     of Animal Disease;
14287          (50) as provided in Section 26B-2-408:
14288          (a) information or records held by the Department of Health and Human Services
14289     related to a complaint regarding a child care program or residential child care which the
14290     department is unable to substantiate; and
14291          (b) information or records related to a complaint received by the Department of Health
14292     and Human Services from an anonymous complainant regarding a child care program or
14293     residential child care;
14294          (51) unless otherwise classified as public under Section 63G-2-301 and except as
14295     provided under Section 41-1a-116, an individual's home address, home telephone number, or
14296     personal mobile phone number, if:
14297          (a) the individual is required to provide the information in order to comply with a law,
14298     ordinance, rule, or order of a government entity; and
14299          (b) the subject of the record has a reasonable expectation that this information will be
14300     kept confidential due to:
14301          (i) the nature of the law, ordinance, rule, or order; and
14302          (ii) the individual complying with the law, ordinance, rule, or order;
14303          (52) the portion of the following documents that contains a candidate's residential or
14304     mailing address, if the candidate provides to the filing officer another address or phone number
14305     where the candidate may be contacted:
14306          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
14307     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
14308     20A-9-408.5, 20A-9-502, or 20A-9-601;
14309          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
14310          (c) a notice of intent to gather signatures for candidacy, described in Section
14311     20A-9-408;
14312          (53) the name, home address, work addresses, and telephone numbers of an individual
14313     that is engaged in, or that provides goods or services for, medical or scientific research that is:
14314          (a) conducted within the state system of higher education, as defined in Section
14315     53B-1-102; and

14316          (b) conducted using animals;
14317          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
14318     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
14319     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
14320     information disclosed under Subsection 78A-12-203(5)(e);
14321          (55) information collected and a report prepared by the Judicial Performance
14322     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
14323     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
14324     the information or report;
14325          (56) records provided or received by the Public Lands Policy Coordinating Office in
14326     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
14327          (57) information requested by and provided to the 911 Division under Section
14328     63H-7a-302;
14329          (58) in accordance with Section 73-10-33:
14330          (a) a management plan for a water conveyance facility in the possession of the Division
14331     of Water Resources or the Board of Water Resources; or
14332          (b) an outline of an emergency response plan in possession of the state or a county or
14333     municipality;
14334          (59) the following records in the custody or control of the Office of Inspector General
14335     of Medicaid Services, created in Section 63A-13-201:
14336          (a) records that would disclose information relating to allegations of personal
14337     misconduct, gross mismanagement, or illegal activity of a person if the information or
14338     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
14339     through other documents or evidence, and the records relating to the allegation are not relied
14340     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
14341     report or final audit report;
14342          (b) records and audit workpapers to the extent they would disclose the identity of a
14343     person who, during the course of an investigation or audit, communicated the existence of any
14344     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
14345     regulation adopted under the laws of this state, a political subdivision of the state, or any
14346     recognized entity of the United States, if the information was disclosed on the condition that

14347     the identity of the person be protected;
14348          (c) before the time that an investigation or audit is completed and the final
14349     investigation or final audit report is released, records or drafts circulated to a person who is not
14350     an employee or head of a governmental entity for the person's response or information;
14351          (d) records that would disclose an outline or part of any investigation, audit survey
14352     plan, or audit program; or
14353          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
14354     investigation or audit;
14355          (60) records that reveal methods used by the Office of Inspector General of Medicaid
14356     Services, the fraud unit, or the Department of Health and Human Services, to discover
14357     Medicaid fraud, waste, or abuse;
14358          (61) information provided to the Department of Health and Human Services or the
14359     Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
14360     58-68-304(3) and (4);
14361          (62) a record described in Section 63G-12-210;
14362          (63) captured plate data that is obtained through an automatic license plate reader
14363     system used by a governmental entity as authorized in Section 41-6a-2003;
14364          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
14365     victim, including:
14366          (a) a victim's application or request for benefits;
14367          (b) a victim's receipt or denial of benefits; and
14368          (c) any administrative notes or records made or created for the purpose of, or used to,
14369     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
14370     Reparations Fund;
14371          (65) an audio or video recording created by a body-worn camera, as that term is
14372     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
14373     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
14374     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
14375     that term is defined in Section 26B-2-101, except for recordings that:
14376          (a) depict the commission of an alleged crime;
14377          (b) record any encounter between a law enforcement officer and a person that results in

14378     death or bodily injury, or includes an instance when an officer fires a weapon;
14379          (c) record any encounter that is the subject of a complaint or a legal proceeding against
14380     a law enforcement officer or law enforcement agency;
14381          (d) contain an officer involved critical incident as defined in Subsection
14382     76-2-408(1)(f); or
14383          (e) have been requested for reclassification as a public record by a subject or
14384     authorized agent of a subject featured in the recording;
14385          (66) a record pertaining to the search process for a president of an institution of higher
14386     education described in Section 53B-2-102, except for application materials for a publicly
14387     announced finalist;
14388          (67) an audio recording that is:
14389          (a) produced by an audio recording device that is used in conjunction with a device or
14390     piece of equipment designed or intended for resuscitating an individual or for treating an
14391     individual with a life-threatening condition;
14392          (b) produced during an emergency event when an individual employed to provide law
14393     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
14394          (i) is responding to an individual needing resuscitation or with a life-threatening
14395     condition; and
14396          (ii) uses a device or piece of equipment designed or intended for resuscitating an
14397     individual or for treating an individual with a life-threatening condition; and
14398          (c) intended and used for purposes of training emergency responders how to improve
14399     their response to an emergency situation;
14400          (68) records submitted by or prepared in relation to an applicant seeking a
14401     recommendation by the Research and General Counsel Subcommittee, the Budget
14402     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
14403     employment position with the Legislature;
14404          (69) work papers as defined in Section 31A-2-204;
14405          (70) a record made available to Adult Protective Services or a law enforcement agency
14406     under Section 61-1-206;
14407          (71) a record submitted to the Insurance Department in accordance with Section
14408     31A-37-201;

14409          (72) a record described in Section 31A-37-503;
14410          (73) any record created by the Division of Professional Licensing as a result of
14411     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
14412          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
14413     involving an amusement ride;
14414          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
14415     on a political petition, or on a request to withdraw a signature from a political petition,
14416     including a petition or request described in the following titles:
14417          (a) Title 10, Utah Municipal Code;
14418          (b) Title 17, Counties;
14419          (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
14420          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
14421          (e) Title 20A, Election Code;
14422          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
14423     a voter registration record;
14424          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
14425     signature described in Subsection (75) or (76), in the custody of the [lieutenant governor]
14426     director of the Elections Office, appointed under Subsection 63A-19-201(3)(a), or a local
14427     political subdivision collected or held under, or in relation to, Title 20A, Election Code;
14428          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
14429     5, Victims Guidelines for Prosecutors Act;
14430          (79) a record submitted to the Insurance Department under Section 31A-48-103;
14431          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
14432     prohibited under Section 63G-26-103;
14433          (81) an image taken of an individual during the process of booking the individual into
14434     jail, unless:
14435          (a) the individual is convicted of a criminal offense based upon the conduct for which
14436     the individual was incarcerated at the time the image was taken;
14437          (b) a law enforcement agency releases or disseminates the image:
14438          (i) after determining that the individual is a fugitive or an imminent threat to an
14439     individual or to public safety and releasing or disseminating the image will assist in

14440     apprehending the individual or reducing or eliminating the threat; or
14441          (ii) to a potential witness or other individual with direct knowledge of events relevant
14442     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
14443     individual in connection with the criminal investigation or criminal proceeding; or
14444          (c) a judge orders the release or dissemination of the image based on a finding that the
14445     release or dissemination is in furtherance of a legitimate law enforcement interest;
14446          (82) a record:
14447          (a) concerning an interstate claim to the use of waters in the Colorado River system;
14448          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
14449     representative from another state or the federal government as provided in Section
14450     63M-14-205; and
14451          (c) the disclosure of which would:
14452          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
14453     Colorado River system;
14454          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
14455     negotiate the best terms and conditions regarding the use of water in the Colorado River
14456     system; or
14457          (iii) give an advantage to another state or to the federal government in negotiations
14458     regarding the use of water in the Colorado River system;
14459          (83) any part of an application described in Section 63N-16-201 that the Governor's
14460     Office of Economic Opportunity determines is nonpublic, confidential information that if
14461     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
14462     not be used to restrict access to a record evidencing a final contract or approval decision;
14463          (84) the following records of a drinking water or wastewater facility:
14464          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
14465     and
14466          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
14467     drinking water or wastewater facility uses to secure, or prohibit access to, the records described
14468     in Subsection (84)(a);
14469          (85) a statement that an employee of a governmental entity provides to the
14470     governmental entity as part of the governmental entity's personnel or administrative

14471     investigation into potential misconduct involving the employee if the governmental entity:
14472          (a) requires the statement under threat of employment disciplinary action, including
14473     possible termination of employment, for the employee's refusal to provide the statement; and
14474          (b) provides the employee assurance that the statement cannot be used against the
14475     employee in any criminal proceeding;
14476          (86) any part of an application for a Utah Fits All Scholarship account described in
14477     Section 53F-6-402 or other information identifying a scholarship student as defined in Section
14478     53F-6-401; and
14479          (87) a record:
14480          (a) concerning a claim to the use of waters in the Great Salt Lake;
14481          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
14482     person concerning the claim, including a representative from another state or the federal
14483     government; and
14484          (c) the disclosure of which would:
14485          (i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
14486     Salt Lake;
14487          (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
14488     and conditions regarding the use of water in the Great Salt Lake; or
14489          (iii) give an advantage to another person including another state or to the federal
14490     government in negotiations regarding the use of water in the Great Salt Lake.
14491          Section 253. Section 63G-2-704 is amended to read:
14492          63G-2-704. Applicability to the governor, lieutenant governor, and the director of
14493     the Elections Office.
14494          (1) The governor, the office of the governor, the lieutenant governor, [and] the office of
14495     the lieutenant governor, the director of the Elections Office, and the Elections Office shall
14496     designate and classify records in accordance with Sections 63G-2-301 through 63G-2-305 as
14497     public, private, controlled, or protected.
14498          (2) (a) The governor, the office of the governor, the lieutenant governor, [and] the
14499     office of the lieutenant governor, the director of the Elections Office, and the Elections Office
14500     are not subject to:
14501          (i) Section 63G-2-203;

14502          (ii) Section 63G-2-209;
14503          (iii) Section 63G-2-401; or
14504          (iv) Part 6, Collection of Information and Accuracy of Records.
14505          (b) The governor, the office of the governor, the lieutenant governor, [and] the office of
14506     the lieutenant governor, the director of the Elections Office, and the Elections Office are
14507     subject to only the following sections in Title 63A, Chapter 12, Division of Archives and
14508     Records Service and Management of Government Records:
14509          (i) Section 63A-12-102; and
14510          (ii) Section 63A-12-106.
14511          (3) The governor [and], the lieutenant governor, and the director of the Elections
14512     Office:
14513          (a) (i) shall establish policies to handle requests for classification, designation, fees,
14514     access, denials, segregation, appeals to the chief administrative officer, management, retention,
14515     and amendment of records; and
14516          (ii) may establish an appellate board to hear appeals from denials of access; and
14517          (b) may establish:
14518          (i) a process for determining that a person is a vexatious requester, including a process
14519     for an appeal from a determination that a person is a vexatious requester; and
14520          (ii) appropriate limitations on a person determined to be a vexatious requester.
14521          (4) Policies described in Subsection (3) shall include reasonable times for responding
14522     to access requests consistent with the provisions of Part 2, Access to Records, fees, and
14523     reasonable time limits for appeals.
14524          (5) Upon request, the state archivist shall:
14525          (a) assist with and advise concerning the establishment of a records management
14526     program for the governor, the office of the governor, the lieutenant governor, [and] the office
14527     of the lieutenant governor, the director of the Elections Office, and the Elections Office ; and
14528          (b) as required by the governor [or], the lieutenant governor, or the director of the
14529     Elections Office, provide program services as provided in this chapter and Title 63A, Chapter
14530     12, Division of Archives and Records Service and Management of Government Records.
14531          Section 254. Section 67-1a-2 is amended to read:
14532          67-1a-2. Duties enumerated.

14533          (1) The lieutenant governor shall:
14534          (a) perform duties delegated by the governor, including assignments to serve in any of
14535     the following capacities:
14536          (i) as the head of any one department, if so qualified, with the advice and consent of
14537     the Senate, and, upon appointment at the pleasure of the governor and without additional
14538     compensation;
14539          (ii) as the chairperson of any cabinet group organized by the governor or authorized by
14540     law for the purpose of advising the governor or coordinating intergovernmental or
14541     interdepartmental policies or programs;
14542          (iii) as liaison between the governor and the state Legislature to coordinate and
14543     facilitate the governor's programs and budget requests;
14544          (iv) as liaison between the governor and other officials of local, state, federal, and
14545     international governments or any other political entities to coordinate, facilitate, and protect the
14546     interests of the state;
14547          (v) as personal advisor to the governor, including advice on policies, programs,
14548     administrative and personnel matters, and fiscal or budgetary matters; and
14549          (vi) as chairperson or member of any temporary or permanent boards, councils,
14550     commissions, committees, task forces, or other group appointed by the governor;
14551          (b) serve on all boards and commissions in lieu of the governor, whenever so
14552     designated by the governor;
14553          [(c) serve as the chief election officer of the state as required by Subsection (2);]
14554          [(d)] (c) keep custody of the Great Seal of the State of Utah;
14555          [(e)] (d) keep a register of, and attest, the official acts of the governor;
14556          [(f)] (e) affix the Great Seal, with an attestation, to all official documents and
14557     instruments to which the official signature of the governor is required; and
14558          [(g)] (f) furnish a certified copy of all or any part of any law, record, or other
14559     instrument filed, deposited, or recorded in the office of the lieutenant governor to any person
14560     who requests it and pays the fee.
14561          [(2) (a) As the chief election officer, the lieutenant governor shall:]
14562          [(i) exercise oversight, and general supervisory authority, over all elections;]
14563          [(ii) exercise direct authority over the conduct of elections for federal, state, and

14564     multicounty officers and statewide or multicounty ballot propositions and any recounts
14565     involving those races;]
14566          [(iii) establish uniformity in the election ballot;]
14567          [(iv) (A) prepare election information for the public as required by law and as
14568     determined appropriate by the lieutenant governor; and]
14569          [(B) make the information described in Subsection (2)(a)(iv)(A) available to the public
14570     and to news media, on the Internet, and in other forms as required by law and as determined
14571     appropriate by the lieutenant governor;]
14572          [(v) receive and answer election questions and maintain an election file on opinions
14573     received from the attorney general;]
14574          [(vi) maintain a current list of registered political parties as defined in Section
14575     20A-8-101;]
14576          [(vii) maintain election returns and statistics;]
14577          [(viii) certify to the governor the names of individuals nominated to run for, or elected
14578     to, office;]
14579          [(ix) ensure that all voting equipment purchased by the state complies with the
14580     requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;]
14581          [(x) during a declared emergency, to the extent that the lieutenant governor determines
14582     it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
14583     relating to:]
14584          [(A) voting on election day;]
14585          [(B) early voting;]
14586          [(C) the transmittal or voting of an absentee ballot or military-overseas ballot;]
14587          [(D) the counting of an absentee ballot or military-overseas ballot; or]
14588          [(E) the canvassing of election returns; and]
14589          [(xi) exercise all other election authority, and perform other election duties, as
14590     provided in Title 20A, Election Code.]
14591          [(b) As chief election officer, the lieutenant governor:]
14592          [(i) shall oversee all elections, and functions relating to elections, in the state;]
14593          [(ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
14594     an election officer with legal requirements relating to elections; and]

14595          [(iii) may not assume the responsibilities assigned to the county clerks, city recorders,
14596     town clerks, or other local election officials by Title 20A, Election Code.]
14597          [(3)] (2) (a) The lieutenant governor shall:
14598          (i) determine a new municipality's classification under Section 10-2-301 upon the city's
14599     incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
14600     municipality's population using the population estimate from the Utah Population Committee;
14601     and
14602          (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
14603     based on the municipality's population; and
14604          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
14605     municipality's legislative body.
14606          (b) The lieutenant governor shall:
14607          (i) determine the classification under Section 10-2-301 of a consolidated municipality
14608     upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
14609     Consolidation of Municipalities, using population information from:
14610          (A) each official census or census estimate of the United States Bureau of the Census;
14611     or
14612          (B) the population estimate from the Utah Population Committee, if the population of a
14613     municipality is not available from the United States Bureau of the Census; and
14614          (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
14615     belongs based on the municipality's population; and
14616          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
14617     consolidated municipality's legislative body.
14618          (c) The lieutenant governor shall:
14619          (i) determine a new metro township's classification under Section 10-2-301.5 upon the
14620     metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
14621     Townships and Unincorporated Islands in a County of the First Class on and after May 12,
14622     2015, based on the metro township's population using the population estimates from the Utah
14623     Population Committee; and
14624          (ii) prepare a certificate indicating the class in which the new metro township belongs
14625     based on the metro township's population and, within 10 days after preparing the certificate,

14626     deliver a copy of the certificate to the metro township's legislative body.
14627          (d) The lieutenant governor shall monitor the population of each municipality using
14628     population information from:
14629          (i) each official census or census estimate of the United States Bureau of the Census; or
14630          (ii) the population estimate from the Utah Population Committee, if the population of a
14631     municipality is not available from the United States Bureau of the Census.
14632          (e) If the applicable population figure under Subsection [(3)(b) or (d)] (2)(b) or (d)
14633     indicates that a municipality's population has increased beyond the population for its current
14634     class, the lieutenant governor shall:
14635          (i) prepare a certificate indicating the class in which the municipality belongs based on
14636     the increased population figure; and
14637          (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
14638     legislative body of the municipality whose class has changed.
14639          (f) (i) If the applicable population figure under Subsection [(3)(b) or (d)] (2)(b) or (d)
14640     indicates that a municipality's population has decreased below the population for its current
14641     class, the lieutenant governor shall send written notification of that fact to the municipality's
14642     legislative body.
14643          (ii) Upon receipt of a petition under Subsection [10-2-302(2)] 10-2-302(3) from a
14644     municipality whose population has decreased below the population for its current class, the
14645     lieutenant governor shall:
14646          (A) prepare a certificate indicating the class in which the municipality belongs based
14647     on the decreased population figure; and
14648          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
14649     legislative body of the municipality whose class has changed.
14650          Section 255. Effective date.
14651          This bill takes effect on January 1, 2025.