Section 1, Section 17B-1-303 is amended to read: 17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice of board member contact information. (1) (a)Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each member of a board of trustees begins at noon on the January 1 following the member's election or appointment. (b)The term of each member of the initial board of trustees of a newly created special district begins: (i)upon appointment, for an appointed member; and (ii)upon the member taking the oath of office after the canvass of the election at which the member is elected, for an elected member. (c)The term of each water conservancy district board member whom the governor appoints in accordance with Subsection 17B-2a-1005(2)(c): (i)begins on the later of the following: (A)the date on which the Senate consents to the appointment; or (B)the expiration date of the prior term; and (ii)ends on the February 1 that is approximately four years after the date described in Subsection (1)(c)(i)(A) or (B). (d)The term of a member of a board of trustees whom an appointing authority appoints in accordance with Subsection (5)(b) begins upon the member taking the oath of office. (e)If the member of the board of trustees fails to assume or qualify for office on January 1 for any reason, the term begins on the date the member assumes or qualifies for office. (2) (a) (i)Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii) and (iii), the term of each member of a board of trustees is four years, except that approximately half the members of the initial board of trustees, chosen by lot, shall serve a two-year term so that the term of approximately half the board members expires every two years. (ii)If the terms of members of the initial board of trustees of a newly created special district do not begin on January 1 because of application of Subsection (1)(b), the terms of those members shall be adjusted as necessary, subject to Subsection (2)(a)(iii), to result in the terms of their successors complying with: (A)the requirement under Subsection (1)(a) for a term to begin on January 1 following a member's election or appointment; and (B)the requirement under Subsection (2)(a)(i) that terms be four years. (iii)If the term of a member of a board of trustees does not begin on January 1 because of the application of Subsection (1)(e), the term is shortened as necessary to result in the term complying with the requirement under Subsection (1)(a) that the successor member's term, regardless of whether the incumbent is the successor, begins at noon on January 1 following the successor member's election or appointment. (iv)An adjustment under Subsection (2)(a)(ii) may not add more than a year to or subtract more than a year from a member's term. (b)Each board of trustees member shall serve until a successor is duly elected or appointed and qualified, unless the member earlier is removed from office or resigns or otherwise leaves office. (c)If a member of a board of trustees no longer meets the qualifications of Subsection 17B-1-302 (1), (2), or (3), or if the member's term expires without a duly elected or appointed successor: (i)the member's position is considered vacant, subject to Subsection (2)(c)(ii); and (ii)the member may continue to serve until a successor is duly elected or appointed and qualified. (3) (a) (i)Before entering upon the duties of office, each member of a board of trustees shall take the oath of office specified in Utah Constitution, Article IV, Section 10. (ii)A judge, county clerk, notary public, or the special district clerk may administer an oath of office. (b)The member of the board of trustees taking the oath of office shall file the oath of office with the clerk of the special district. (c)The failure of a board of trustees member to take the oath under Subsection (3)(a) does not invalidate any official act of that member. (4)A board of trustees member may serve any number of terms. (5) (a)Except as provided in Subsection (6), each midterm vacancy in a board of trustees position is filled in accordance with Section 20A-1-512. (b)When the number of members of a board of trustees increases in accordance with Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new board of trustees position in accordance with Section 17B-1-304 or 20A-1-512. (6) (a)As used in this Subsection (6): (i)"Appointed official" means a person who: (A)is appointed as a member of a special district board of trustees by a county or municipality that is entitled to appoint a member to the board; and (B)holds an elected position with the appointing county or municipality. (ii)"Appointing entity" means the county or municipality that appointed the appointed official to the board of trustees. (b)The board of trustees shall declare a midterm vacancy for the board position held by an appointed official if: (i)during the appointed official's term on the board of trustees, the appointed official ceases to hold the elected position with the appointing entity; and (ii)the appointing entity submits a written request to the board to declare the vacancy. (c)Upon the board's declaring a midterm vacancy under Subsection (6)(b), the appointing entity shall appoint another person to fill the remaining unexpired term on the board of trustees. (7) (a)A member of a board of trustees shall obtain a fidelity bond or obtain theft or crime insurance for the faithful performance of the member's duties, in the amount and with the sureties or with an insurance company that the board of trustees prescribes. (b)The special district: (i)may assist the board of trustees in obtaining a fidelity bond or obtaining theft or crime insurance as a group or for members individually; and (ii)shall pay the cost of each fidelity bond or insurance coverage required under this Subsection (7). (8) (a) The lieutenant governor may extend the term of an elected district board member by one year in In order to compensate for a change in the election year under Subsection 17B-1-306(14) . , the lieutenant governor may: (i) extend the term of an elected district board member by one year; or (ii) subject to Subsection 17B-1-306(14)(b)(iii), and in accordance with Subsection (2)(a), shorten the term of an elected district board member by one year, if necessary, to ensure that the term of approximately half of the board members expires every two years. (b)When the number of members of a board of trustees increases in accordance with Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members expires every two years in accordance with Subsection (2)(a): (i)the board shall set shorter terms for approximately half of the new board members, chosen by lot; and (ii)the initial term of a new board member position may be less than two or four years. (9) (a)A special district shall: (i)post on the Utah Public Notice Website created in Section 63A-16-601 the name, phone number, and email address of each member of the special district's board of trustees; (ii)update the information described in Subsection (9)(a)(i) when: (A)the membership of the board of trustees changes; or (B)a member of the board of trustees' phone number or email address changes; and (iii)post any update required under Subsection (9)(a)(ii) within 30 days after the date on which the change requiring the update occurs. (b)This Subsection (9) applies regardless of whether the county or municipal legislative body also serves as the board of trustees of the special district.

Section 2, Section 17B-1-306 is amended to read: 17B-1-306. Special district board -- Election procedures -- Notice. (1)Except as provided in Subsection (12), each elected board member shall be selected as provided in this section. (2) (a)Each election of a special district board member shall be held: (i)at the same time as the municipal general election or the regular general election, as applicable; and (ii)at polling places designated by the special district board in consultation with the county clerk for each county in which the special district is located, which polling places shall coincide with municipal general election or regular general election polling places, as applicable, whenever feasible. (b)The special district board, in consultation with the county clerk, may consolidate two or more polling places to enable voters from more than one district to vote at one consolidated polling place. (c) (i)Subject to Subsections (5)(h) and (i), the number of polling places under Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one polling place per division of the district, designated by the district board. (ii)Each polling place designated by an irrigation district board under Subsection (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection (2)(a)(ii). (3)The clerk of each special district with a board member position to be filled at the next municipal general election or regular general election, as applicable, shall provide notice of: (a)each elective position of the special district to be filled at the next municipal general election or regular general election, as applicable; (b)the constitutional and statutory qualifications for each position; and (c)the dates and times for filing a declaration of candidacy. (4)The clerk of the special district shall publish the notice described in Subsection (3) for the special district, as a class A notice under Section 63G-30-102, for at least 10 days before the first day for filing a declaration of candidacy. (5) (a)Except as provided in Subsection (5)(c), to become a candidate for an elective special district board position, an individual shall file a declaration of candidacy in person with an official designated by the special district within the candidate filing period for the applicable election year in which the election for the special district board is held and: (i)during the special district's standard office hours, if the standard office hours provide at least three consecutive office hours each day during the candidate filing period that is not a holiday or weekend; or (ii)if the standard office hours of a special district do not provide at least three consecutive office hours each day, a three-hour consecutive time period each day designated by the special district during the candidate filing period that is not a holiday or weekend. (b)When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the filing time shall be extended until the close of normal office hours on the following regular business day. (c)Subject to Subsection (5)(f), an individual may designate an agent to file a declaration of candidacy with the official designated by the special district if: (i)the individual is located outside of the state during the entire filing period; (ii)the designated agent appears in person before the official designated by the special district; and (iii)the individual communicates with the official designated by the special district using an electronic device that allows the individual and official to see and hear each other. (d) (i)Before the filing officer may accept any declaration of candidacy from an individual, the filing officer shall: (A)read to the individual the constitutional and statutory qualification requirements for the office that the individual is seeking; and (B)require the individual to state whether the individual meets those requirements. (ii)If the individual does not meet the qualification requirements for the office, the filing officer may not accept the individual's declaration of candidacy. (iii)If it appears that the individual meets the requirements of candidacy, the filing officer shall accept the individual's declaration of candidacy. (e)The declaration of candidacy shall be in substantially the following form: "I, (print name) ____________, being first duly sworn, say that I reside at (Street) ____________, City of ________________, County of ________________, state of Utah, (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the office of board of trustees member for _______________________ (state the name of the special district); that I am a candidate for that office to be voted upon at the next election; and that, if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period, and I hereby request that my name be printed upon the official ballot for that election. (Signed) _________________________________________ Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of ____________, ____. (Signed) ________________________ (Clerk or Notary Public)". (f)An agent designated under Subsection (5)(c) may not sign the form described in Subsection (5)(e). (g)Each individual wishing to become a valid write-in candidate for an elective special district board position is governed by Section 20A-9-601. (h)If at least one individual does not file a declaration of candidacy as required by this section, an individual shall be appointed to fill that board position in accordance with the appointment provisions of Section 20A-1-512. (i)If only one candidate files a declaration of candidacy and there is no write-in candidate who complies with Section 20A-9-601, the board, in accordance with Section 20A-1-206, may: (i)consider the candidate to be elected to the position; and (ii)cancel the election. (6) (a)A primary election may be held if: (i)the election is authorized by the special district board; and (ii)the number of candidates for a particular local board position or office exceeds twice the number of persons needed to fill that position or office. (b)The primary election shall be conducted: (i)on the same date as the municipal primary election or the regular primary election, as applicable; and (ii)according to the procedures for primary elections provided under Title 20A, Election Code. (7) (a)Except as provided in Subsection (7)(c), within one business day after the deadline for filing a declaration of candidacy, the special district clerk shall certify the candidate names to the clerk of each county in which the special district is located. (b) (i)Except as provided in Subsection (7)(c) and in accordance with Section 20A-6-305 , the clerk of each county in which the special district is located and the special district clerk shall coordinate the placement of the name of each candidate for special district office in the nonpartisan section of the ballot with the appropriate election officer. (ii)If consolidation of the special district election ballot with the municipal general election ballot or the regular general election ballot, as applicable, is not feasible, the special district board of trustees, in consultation with the county clerk, shall provide for a separate special district election ballot to be administered by poll workers at polling places designated under Subsection (2). (c) (i)Subsections (7)(a) and (b) do not apply to an election of a member of the board of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act. (ii) (A)Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall prescribe the form of the ballot for each board member election. (B)Each ballot for an election of an irrigation district board member shall be in a nonpartisan format. (C)The name of each candidate shall be placed on the ballot in the order specified under Section 20A-6-305. (8) (a)Each voter at an election for a board of trustees member of a special district shall: (i)be a registered voter within the district, except for an election of: (A)an irrigation district board of trustees member; or (B)a basic special district board of trustees member who is elected by property owners; and (ii)meet the requirements to vote established by the district. (b)Each voter may vote for as many candidates as there are offices to be filled. (c)The candidates who receive the highest number of votes are elected. (9)Except as otherwise provided by this section, the election of special district board members is governed by Title 20A, Election Code. (10) (a)Except as provided in Subsection 17B-1-303(8), a person elected to serve on a special district board shall serve a four-year term, beginning at noon on the January 1 after the person's election. (b)A person elected shall be sworn in as soon as practical after January 1. (11) (a)Except as provided in Subsection (11)(b), each special district shall reimburse the county or municipality holding an election under this section for the costs of the election attributable to that special district. (b)Each irrigation district shall bear the district's own costs of each election the district holds under this section. (12)This section does not apply to an improvement district that provides electric or gas service. (13)Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A, Chapter 3a, Part 6, Early Voting, do not apply to an election under this section. (14) (a)As used in this Subsection (14), "board" means: (i)a special district board; or (ii)the administrative control board of a special service district that has elected members on the board. (b) A board may If a board desires to hold elections for membership on the board at a regular general election instead of a municipal general election if the board submits , or at a municipal general election instead of a regular general election, the board may submit an application to the lieutenant governor that: (i)requests permission to hold elections for membership on the board at a regular general election instead of a municipal general election; and change the election year for membership on the board in a manner described in this Subsection (14)(b); (ii)indicates that holding elections at the time of the regular general election a change in the election year is beneficial, based on potential cost savings, a potential increase in voter turnout, or another material reason . ; and (iii) if a change in the election year may result in shortening a board member's term of office, indicates that the members of the board unanimously support the lieutenant governor taking that action. (c)Upon receipt of an application described in Subsection (14)(b), the lieutenant governor may approve the application if : (i) the lieutenant governor concludes that holding the elections at the regular general election changing the election year is beneficial based on the criteria described in Subsection (14)(b)(ii). (14)(b)(ii); and (ii) for an application that may result in shortening a board member's term of office, the application satisfies the unanimity requirement described in Subsection (14)(b)(iii). (d)If the lieutenant governor approves a board's application described in this section: (i)all future elections for membership on the board shall be held at the time of the regular general election specified in the application; and (ii)the board may not hold elections at the time of a municipal general election an election other than the general election specified in the application, unless the board receives permission from the lieutenant governor to hold all future elections for membership on the board at a municipal general election instead of a regular general election, change the election under the same procedure, and by applying the same criteria, described in this Subsection (14). (15) (a)This Subsection (15) applies to a special district if: (i)the special district's board members are elected by the owners of real property, as provided in Subsection 17B-1-1402(1)(b); and (ii)the special district was created before January 1, 2020. (b)The board of a special district described in Subsection (15)(a) may conduct an election: (i)to fill a board member position that expires at the end of the term for that board member's position; and (ii)notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired term of a board member. (c)An election under Subsection (15)(b) may be conducted as determined by the special district board, subject to Subsection (15)(d). (d) (i)The special district board shall provide to property owners eligible to vote at the special district election: (A)notice of the election; and (B)a form to nominate an eligible individual to be elected as a board member. (ii) (A)The special district board may establish a deadline for a property owner to submit a nomination form. (B)A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after the board provides the notice and nomination form under Subsection (15)(d)(i). (iii) (A)After the deadline for submitting nomination forms, the special district board shall provide a ballot to all property owners eligible to vote at the special district election. (B)A special district board shall allow at least five days for ballots to be returned. (iv)A special district board shall certify the results of an election under this Subsection (15) during an open meeting of the board.

Section 3, Section 20A-1-305 is amended to read: 20A-1-305. Compilation and distribution of election laws. (1)The lieutenant governor shall: (a) publish a sufficient number of copies of make an electronic compilation of Title 20A, Election Code, and any other provisions of law that govern elections; and (b) transmit copies transmit an electronic copy of the compilation to each county clerk. (2)Each county clerk shall : furnish each election officer in the county with a copy of the compilation described in Subsection (1)(a). (a) inform the lieutenant governor of the number of copies needed; and (b) furnish each election officer in the county with one copy.

Section 4, Section 20A-4-109 is amended to read: 20A-4-109. Ballot reconciliation -- Rulemaking authority. (1)In accordance with this section and rules made under Subsection (2), an election officer whose office processes ballots shall: (a)conduct ballot reconciliations every time ballots are tabulated; (b)conduct a final ballot reconciliation when an election officer concludes processing all ballots; (c)document each ballot reconciliation; (d)publicly release the results of each ballot reconciliation; and (e)in conducting ballot reconciliations: (i)ensure that the number of ballots received for processing, the number of ballots processed, and sum of the number of uncounted verified ballots and the number of ballots tabulated is equal to the number of voters given credit for voting , are equal ; or (ii)if the numbers sum described in Subsection (1)(e)(i) are is not equal to the number of voters given credit for voting , account for and explain the differences in the numbers. (2)The director of elections within the Office of the Lieutenant Governor may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing procedures and requirements for conducting, documenting, and publishing a ballot reconciliation.

Section 5, Section 20A-4-301 is amended to read: 20A-4-301. Board of canvassers. (1) (a)Each county legislative body is the board of county canvassers for: (i)the county; and (ii)each special district whose election is conducted by the county if: (A)the election relates to the creation of the special district; (B)the county legislative body serves as the governing body of the special district; or (C)there is no duly constituted governing body of the special district. (b)The board of county canvassers shall meet to canvass the returns at the usual place of meeting of the county legislative body, at a date and time determined by the county clerk that is no sooner than seven days after the election and no later than 14 days after the election. (c)If one or more of the county legislative body fails to attend the meeting of the board of county canvassers, the remaining members shall replace the absent member by appointing in the order named: (i)the county treasurer; (ii)the county assessor; or (iii)the county sheriff. (d)Attendance of the number of persons equal to a simple majority of the county legislative body, but not less than three persons, shall constitute a quorum for conducting the canvass. (e)The county clerk is the clerk of the board of county canvassers. (2) (a)The mayor and the municipal legislative body are the board of municipal canvassers for the municipality. (b)The board of municipal canvassers shall meet to canvass the returns at the usual place of meeting of the municipal legislative body: (i)for canvassing of returns from a municipal general election, no sooner than seven days after the election and no later than 14 days after the election; or (ii)for canvassing of returns from a municipal primary election, no sooner than seven days after the election and no later than 14 days after the election. (c)Attendance of a simple majority of the municipal legislative body shall constitute a quorum for conducting the canvass. (3) (a)The legislative body of the entity authorizing a bond election is the board of canvassers for each bond election. (b)The board of canvassers for the bond election shall comply with the canvassing procedures and requirements of Section 11-14-207. (c)Attendance of a simple majority of the legislative body of the entity authorizing a bond election shall constitute a quorum for conducting the canvass. (4) (a) If a board of trustees or an administrative control board is the governing body of a special district, the board of trustees or the administrative control board is the board of special district canvassers for the special district. (b) The board of special district canvassers shall meet to canvass the returns at the usual place of meeting for the board of trustees or the administrative control board, as applicable, at a date and time determined by the special district clerk that is no sooner than seven days after the day of the election and no later than 14 days after the day of the election. (c) Attendance of a simple majority of the board of trustees or the administrative control board is a quorum for conducting the canvass.

Section 6, Section 20A-6-401 is amended to read: 20A-6-401. Ballots for municipal primary elections. (1)Each election officer shall ensure that: (a)the following endorsements are printed in 18 point bold type: (i)"Official Primary Ballot for ____ (City, Town, or Metro Township), Utah"; (ii)the date of the election; and (iii)a facsimile of the signature of the election officer and the election officer's title in eight point type; (b)immediately below the election officer's title, two one-point parallel horizontal rules separate endorsements from the rest of the ballot; (c)immediately below the horizontal rules, an "Instructions to Voters" section is printed in 10 point bold type that states: "To vote for a candidate, mark the space following adjacent to the name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by two one-point parallel rules; (d)after the rules, the designation of the office for which the candidates seek nomination is printed and the words, "Vote for one" or "Vote for up to _____ (the number of candidates for which the voter may vote)" are printed in 10-point bold type, followed by a hair-line rule; (e)after the hair-line rule, the names of the candidates are printed in heavy face type between lines or rules three-eighths inch apart, in the order specified under Section 20A-6-305 with surnames last and grouped according to the office that they seek; (f)a square with sides not less than one-fourth inch long is printed immediately adjacent to the names of the candidates; and (g)the candidate groups are separated from each other by one light and one heavy line or rule. (2)A municipal primary ballot may not contain any space for write-in votes.

Section 7, Section 20A-7-101 is amended to read: 20A-7-101. Definitions. As used in this chapter: (1)"Approved device" means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. (2)"Budget officer" means: (a)for a county, the person designated as finance officer as defined in Section 17-36-3; (b)for a city, the person designated as budget officer in Subsection 10-6-106(4); (c)for a town, the town council; or (d)for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located. (3)"Certified" means that the county clerk has acknowledged a signature as being the signature of a registered voter. (4)"Circulation" means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. (5)"Electronic initiative process" means: (a)as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or (b)as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201 , for gathering signatures. (6)"Electronic referendum process" means: (a)as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or (b)as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201 , for gathering signatures. (7)"Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or town that is holding an election on a ballot proposition. (8)"Final fiscal impact statement" means a financial statement prepared after voters approve an initiative that contains the information required by Subsection 20A-7-202.5 (2) or 20A-7-502.5(2). (9)"Initial fiscal impact statement" means a financial statement prepared under Section 20A-7-202.5 after the filing of a statewide initiative application. (10)"Initial fiscal impact and legal statement" means a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local referendum. (11)"Initiative" means a new law proposed for adoption by the public as provided in this chapter. (12)"Initiative application" means: (a)for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or (b)for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). (13)"Initiative packet" means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. (14)"Initiative petition": (a)as it relates to a statewide initiative, using the manual initiative process: (i)means the form described in Subsection 20A-7-203(2)(a), petitioning for submission of the initiative to the Legislature or the legal voters; and (ii)if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-203(2)(b); (b)as it relates to a statewide initiative, using the electronic initiative process: (i)means the form described in Subsections 20A-7-215(2) and (3), petitioning for submission of the initiative to the Legislature or the legal voters; and (ii)if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-215(5)(b); (c)as it relates to a local initiative, using the manual initiative process: (i)means the form described in Subsection 20A-7-503(2)(a), petitioning for submission of the initiative to the legislative body or the legal voters; and (ii)if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-503(2)(b); or (d)as it relates to a local initiative, using the electronic initiative process: (i)means the form described in Subsection 20A-7-514(2)(a), petitioning for submission of the initiative to the legislative body or the legal voters; and (ii)if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-514(4)(a). (15) (a)"Land use law" means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. (b)"Land use law" does not include a land use decision, as defined in Section 10-9a-103 or 17-27a-103. (16)"Legal signatures" means the number of signatures of legal voters that: (a)meet the numerical requirements of this chapter; and (b)have been obtained, certified, and verified as provided in this chapter. (17)"Legal voter" means an individual who is registered to vote in Utah. (18)"Legally referable to voters" means: (a)for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502.7; or (b)for a proposed local referendum, that the proposed local referendum is legally referable to voters under Section 20A-7-602.7. (19)"Local attorney" means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. (20)"Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. (21) (a)"Local law" includes: (i)an ordinance; (ii)a resolution; (iii)a land use law; (iv)a land use regulation, as defined in Section 10-9a-103; or (v)other legislative action of a local legislative body. (b)"Local law" does not include a land use decision, as defined in Section 10-9a-103. (22)"Local legislative body" means the legislative body of a county, city, town, or metro township. (23)"Local obligation law" means a local law passed by the local legislative body regarding a bond that was approved by a majority of qualified voters in an election. (24)"Local tax law" means a law, passed by a political subdivision with an annual or biannual calendar fiscal year, that increases a tax or imposes a new tax. (25)"Manual initiative process" means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. (26)"Manual referendum process" means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs. (27)"Measure" means a proposed constitutional amendment, an initiative, or referendum. (28) "Presiding officers" means the president of the Senate and the speaker of the House of Representatives. (28) (29) "Referendum" means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. (29) (30) "Referendum application" means: (a)for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or (b)for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). (30) (31) "Referendum packet" means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit. (31) (32) "Referendum petition" means: (a)as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection; (b)as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection; (c)as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or (d)as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. (32) (33) "Signature": (a)for a statewide initiative: (i)as it relates to the electronic initiative process, means an electronic signature collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or (ii)as it relates to the manual initiative process: (A)means a holographic signature collected physically on a signature sheet described in Section 20A-7-203; and (B)does not include an electronic signature; (b)for a statewide referendum: (i)as it relates to the electronic referendum process, means an electronic signature collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or (ii)as it relates to the manual referendum process: (A)means a holographic signature collected physically on a signature sheet described in Section 20A-7-303; and (B)does not include an electronic signature; (c)for a local initiative: (i)as it relates to the electronic initiative process, means an electronic signature collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or (ii)as it relates to the manual initiative process: (A)means a holographic signature collected physically on a signature sheet described in Section 20A-7-503; and (B)does not include an electronic signature; or (d)for a local referendum: (i)as it relates to the electronic referendum process, means an electronic signature collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or (ii)as it relates to the manual referendum process: (A)means a holographic signature collected physically on a signature sheet described in Section 20A-7-603; and (B)does not include an electronic signature. (33) (34) "Signature sheets" means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. (34) (35) "Special local ballot proposition" means a local ballot proposition that is not a standard local ballot proposition. (35) (36) "Sponsors" means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. (36) (37) (a)"Standard local ballot proposition" means a local ballot proposition for an initiative or a referendum. (b)"Standard local ballot proposition" does not include a property tax referendum described in Section 20A-7-613. (37) (38) "Tax percentage difference" means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. (38) (39) "Tax percentage increase" means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth. (39) (40) "Verified" means acknowledged by the person circulating the petition as required in Section 20A-7-105.

Section 8, Section 20A-7-103 is amended to read: 20A-7-103. Constitutional amendments and other questions submitted by the Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote. (1)The procedures contained in this section govern when the Legislature submits a proposed constitutional amendment or other question to the voters. (2)The lieutenant governor shall, not more than 60 days or less than 14 days before the date of the election, publish the full text of the amendment, question, or statute for the state, as a class A notice under Section 63G-30-102, through the date of the election. (3)The legislative general counsel presiding officers shall: (a)entitle each proposed constitutional amendment "Constitutional Amendment __" and assign it a letter according to a letter to the constitutional amendment in accordance with the requirements of Section 20A-6-107; (b)entitle each proposed question "Proposition Number __" with the number assigned to the proposition under Section 20A-6-107 placed in the blank; (c)draft and designate a ballot title for each proposed amendment or question submitted by the Legislature that: (i)summarizes the subject matter of the amendment or question; and (ii)for a proposed constitutional amendment, summarizes any legislation that is enacted and will become effective upon the voters' adoption of the proposed constitutional amendment; and (d)deliver each letter or number and ballot title to the lieutenant governor. (4)The lieutenant governor shall certify the letter or number and ballot title of each amendment or question to the county clerk of each county no later than 65 days before the date of the election. (5)The county clerk of each county shall: (a)ensure that the letter or number and the ballot title of each amendment and question prepared in accordance with this section are included in the sample ballots and official ballots; and (b)publish the sample ballots and official ballots as provided by law.

Section 9, Section 20A-7-105 is amended to read: 20A-7-105. Manual petition processes -- Obtaining signatures -- Verification -- Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor -- Removal of signature. (1)This section applies only to the manual initiative process and the manual referendum process. (2)As used in this section: (a)"Local petition" means: (i)a manual local initiative petition described in Part 5, Local Initiatives - Procedures; or (ii)a manual local referendum petition described in Part 6, Local Referenda - Procedures. (b)"Packet" means an initiative packet or referendum packet. (c)"Petition" means a local petition or statewide petition. (d)"Statewide petition" means: (i)a manual statewide initiative petition described in Part 2, Statewide Initiatives; or (ii)a manual statewide referendum petition described in Part 3, Statewide Referenda. (3) (a)A Utah voter may sign a statewide petition if the voter is a legal voter. (b)A Utah voter may sign a local petition if the voter: (i)is a legal voter; and (ii)resides in the local jurisdiction. (4) (a)The sponsors shall ensure that the individual in whose presence each signature sheet was signed: (i)is at least 18 years old and meets the residency requirements of Section 20A-2-105; (ii)verifies each signature sheet by completing the verification printed on the last page of each packet; and (iii)is informed that each signer is required to read and understand: (A)for an initiative petition, the law proposed by the initiative; or (B)for a referendum petition, the law that the referendum seeks to overturn. (b)An individual may not sign the verification printed on the last page of a packet if the individual signed a signature sheet in the packet. (5) (a)The sponsors, or an agent of the sponsors, shall submit a signed and verified packet to the county clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of: (i)for a statewide initiative: (A)30 days after the day on which the first individual signs the initiative packet; (B)316 days after the day on which the application for the initiative petition is filed; or (C)the February 15 immediately before the next regular general election immediately after the application is filed under Section 20A-7-202; (ii)for a statewide referendum: (A)30 days after the day on which the first individual signs the referendum packet; or (B)40 days after the day on which the legislative session at which the law passed ends; (iii)for a local initiative: (A)30 days after the day on which the first individual signs the initiative packet; (B)316 days after the day on which the application is filed; (C)the April 15 immediately before the next regular general election immediately after the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or (D)the April 15 immediately before the next municipal general election immediately after the application is filed under Section 20A-7-502, if the local initiative is a municipal initiative; or (iv)for a local referendum: (A)30 days after the day on which the first individual signs the referendum packet; or (B)45 days after the day on which the sponsors receive the items described in Subsection 20A-7-604(3) from the local clerk. (b)A person may not submit a packet after the applicable deadline described in Subsection (5)(a). (c)Before delivering an initiative packet to the county clerk under this Subsection (5), the sponsors shall send an email to each individual who provides a legible, valid email address on the signature sheet that includes the following: (i)the subject of the email shall include the following statement, "Notice Regarding Your Petition Signature"; and (ii)the body of the email shall include the following statement in 12-point type: "You signed a petition for the following initiative: [insert title of initiative] To access a copy of the initiative petition, the initiative, the fiscal impact statement, and information on the deadline for removing your signature from the petition, please visit the following link: [insert a uniform resource locator that takes the individual directly to the page on the lieutenant governor's or county clerk's website that includes the information referred to in the email]." (d) When the sponsors submit the last initiative packet to the county clerk, the sponsors shall submit to the county clerk: For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on which the sponsors submit the last initiative packet to the county clerk, submit to the lieutenant governor: (i)a list containing: (A)the name and email address of each individual the sponsors sent, or caused to be sent, the email described in Subsection (5)(c); and (B)the date the email was sent; (ii)a copy of the email described in Subsection (5)(c); and (iii)the following written verification, completed and signed by each of the sponsors: "Verification of initiative sponsor State of Utah, County of __________I, __________, of __________, hereby state, under penalty of perjury, that: I am a sponsor of the initiative petition entitled ____________________; and I sent, or caused to be sent, to each individual who provided a legible, valid email address on a signature sheet submitted to the county clerk in relation to the initiative petition, the email described in Utah Code Subsection 20A-7-105(5)(c). ______________________________________________________________ __ (Name) (Residence Address) (Date)". (e) For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which the sponsors submit the last initiative packet to the local clerk, submit to the local clerk the items described in Subsection (5)(d). (e) (f) Signatures gathered for an initiative petition are not valid if the sponsors do not comply with Subsection (5)(c) or , (d) , or (e). (6) (a)Within 21 days after the day on which the county clerk receives the packet, the county clerk shall: (i)use the procedures described in Section 20A-1-1002 to determine whether each signer is a legal voter and, as applicable, the jurisdiction where the signer is registered to vote; (ii)for a statewide initiative or a statewide referendum: (A)certify on the petition whether each name is that of a legal voter; (B)post the name, voter identification number, and date of signature of each legal voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor; and (C)deliver the verified packet to the lieutenant governor; (iii)for a local initiative or a local referendum: (A)certify on the petition whether each name is that of a legal voter who is registered in the jurisdiction to which the initiative or referendum relates; (B)post the name, voter identification number, and date of signature of each legal voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor; and (C)deliver the verified packet to the local clerk. (b)For a local initiative or local referendum, the local clerk shall post a link in a conspicuous location on the local government's website to the posting described in Subsection (6)(a)(iii)(B): (i)for a local initiative, during the period of time described in Subsection 20A-7-507 (3)(a); or (ii)for a local referendum, during the period of time described in Subsection 20A-7-607 (2)(a)(i). (7)The county clerk may not certify a signature under Subsection (6): (a)on a packet that is not verified in accordance with Subsection (4); or (b)that does not have a date of signature next to the signature. (8) (a)A voter who signs a statewide initiative petition may have the voter's signature removed from the petition by submitting to the county clerk a statement requesting that the voter's signature be removed no later than the earlier of: (i)for an initiative packet received by the county clerk before December 1: (A)30 days after the day on which the voter signs the signature removal statement; or (B)90 days after the day on which the lieutenant governor posts the voter's name under Subsection 20A-7-207(2); or (ii)for an initiative packet received by the county clerk on or after December 1: (A)30 days after the day on which the voter signs the signature removal statement; or (B)45 days after the day on which the lieutenant governor posts the voter's name under Subsection 20A-7-207(2). (b)A voter who signs a statewide referendum petition may have the voter's signature removed from the petition by submitting to the county clerk a statement requesting that the voter's signature be removed no later than the earlier of: (i)30 days after the day on which the voter signs the statement requesting removal; or (ii)45 days after the day on which the lieutenant governor posts the voter's name under Subsection 20A-7-307(2). (c)A voter who signs a local initiative petition may have the voter's signature removed from the petition by submitting to the county clerk a statement requesting that the voter's signature be removed no later than the earlier of: (i)30 days after the day on which the voter signs the signature removal statement; (ii)90 days after the day on which the local clerk posts the voter's name under Subsection 20A-7-507(2); (iii)316 days after the day on which the application is filed; or (iv) (A)for a county initiative, April 15 immediately before the next regular general election immediately after the application is filed under Section 20A-7-502 ; or (B)for a municipal initiative, April 15 immediately before the next municipal general election immediately after the application is filed under Section 20A-7-502 . (d)A voter who signs a local referendum petition may have the voter's signature removed from the petition by submitting to the county clerk a statement requesting that the voter's signature be removed no later than the earlier of: (i)30 days after the day on which the voter signs the statement requesting removal; or (ii)45 days after the day on which the local clerk posts the voter's name under Subsection 20A-7-607(2)(a). (e)A statement described in this Subsection (8) shall comply with the requirements described in Subsection 20A-1-1003(2). (f)In order for the signature to be removed, the county clerk must receive the statement described in this Subsection (8) before 5 p.m. no later than the applicable deadline described in this Subsection (8). (g)A county clerk shall analyze a signature, for purposes of removing a signature from a petition, in accordance with Subsection 20A-1-1003(3). (9) (a)If the county clerk timely receives a statement requesting signature removal under Subsection (8) and determines that the signature should be removed from the petition under Subsection 20A-1-1003(3), the county clerk shall: (i)ensure that the voter's name, voter identification number, and date of signature are not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and (ii)remove the voter's signature from the signature packets and signature packet totals. (b)The county clerk shall comply with Subsection (9)(a) before the later of: (i)the deadline described in Subsection (6)(a); or (ii)two business days after the day on which the county clerk receives a statement requesting signature removal under Subsection (8). (10)A person may not retrieve a packet from a county clerk, or make any alterations or corrections to a packet, after the packet is submitted to the county clerk.

Section 10, Section 20A-7-702 is amended to read: 20A-7-702. Voter information pamphlet -- Form -- Contents. The voter information pamphlet shall contain the following items in this order: (1)a cover title page; (2)an introduction to the pamphlet by the lieutenant governor; (3)a table of contents; (4)a list of all candidates for constitutional offices; (5)a list of candidates for each legislative district; (6)a 100-word statement of qualifications for each candidate for the office of governor, lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the candidate to the lieutenant governor's office before 5 p.m. on the first business day in August before the date of the election; (7)information pertaining to all measures to be submitted to the voters, beginning a new page for each measure and containing, in the following order for each measure: (a)a copy of the number and ballot title of the measure; (b)the final vote cast by the Legislature on the measure if it is a measure submitted by the Legislature or by referendum; (c) (i) for a measure other than a measure described in Section 20A-7-103, the impartial analysis of the measure prepared by the Office of Legislative Research and General Counsel; or (ii) for a measure described in Section 20A-7-103, the analysis of the measure prepared by the presiding officers; (d)the arguments in favor of the measure, the rebuttal to the arguments in favor of the measure, the arguments against the measure, and the rebuttal to the arguments against the measure, with the name and title of the authors at the end of each argument or rebuttal; (e)for each constitutional amendment, a complete copy of the text of the constitutional amendment, with all new language underlined, and all deleted language placed within brackets; (f)for each initiative qualified for the ballot: (i)a copy of the initiative as certified by the lieutenant governor and a copy of the initial fiscal impact statement prepared according to Section 20A-7-202.5; and (ii)if the initiative proposes a tax increase, the following statement in bold type: "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax rate."; and (g)for each referendum qualified for the ballot, a complete copy of the text of the law being submitted to the voters for their approval or rejection, with all new language underlined and all deleted language placed within brackets, as applicable; (8)a description provided by the Judicial Performance Evaluation Commission of the selection and retention process for judges, including, in the following order: (a)a description of the judicial selection process; (b)a description of the judicial performance evaluation process; (c)a description of the judicial retention election process; (d)a list of the criteria of the judicial performance evaluation and the certification standards; (e)the names of the judges standing for retention election; and (f)for each judge: (i)a list of the counties in which the judge is subject to retention election; (ii)a short biography of professional qualifications and a recent photograph; (iii)a narrative concerning the judge's performance; (iv)for each certification standard under Section 78A-12-205, a statement identifying whether, under Section 78A-12-205, the judge met the standard and, if not, the manner in which the judge failed to meet the standard; (v)a statement that the Judicial Performance Evaluation Commission: (A)has determined that the judge meets or exceeds minimum performance standards; (B)has determined that the judge does not meet or exceed minimum performance standards; or (C)has not made a determination regarding whether the judge meets or exceeds minimum performance standards; (vi)any statement, described in Subsection 78A-12-206(3)(b), provided by a judge whom the Judicial Performance Evaluation Commission determines does not meet or exceed minimum performance standards; (vii)in a bar graph, the average of responses to each survey category, displayed with an identification of the minimum acceptable score as set by Section 78A-12-205 and the average score of all judges of the same court level; and (viii)a website address that contains the Judicial Performance Evaluation Commission's report on the judge's performance evaluation; (9)for each judge, a statement provided by the Utah Supreme Court identifying the cumulative number of informal reprimands, when consented to by the judge in accordance with Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article VIII, Section 13, during the judge's current term and the immediately preceding term, and a detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct that the judge has received; (10)an explanation of ballot marking procedures prepared by the lieutenant governor, indicating the ballot marking procedure used by each county and explaining how to mark the ballot for each procedure; (11)voter registration information, including information on how to obtain a ballot; (12)a list of all county clerks' offices and phone numbers; (13)the address of the Statewide Electronic Voter Information Website, with a statement indicating that the election officer will post on the website any changes to the location of a polling place and the location of any additional polling place; (14)a phone number that a voter may call to obtain information regarding the location of a polling place; and (15)on the back cover page, a printed copy of the following statement signed by the lieutenant governor: "I, _______________ (print name), Lieutenant Governor of Utah, certify that the measures contained in this pamphlet will be submitted to the voters of Utah at the election to be held throughout the state on ____ (date of election), and that this pamphlet is complete and correct according to law. SEAL Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day of ____ (month), ____ (year) (signed) ____________________________________ Lieutenant Governor".

Section 11, Section 20A-7-703 is amended to read: 20A-7-703. Analysis of initiative or referendum -- Determination of fiscal effects. (1)The director of the Office of Legislative Research and General Counsel, after the approval of the legislative general counsel as to legal sufficiency, shall: (a)prepare an impartial analysis of each measure submitted to the voters by the Legislature or by initiative or referendum petition; and (b)submit the impartial analysis to the lieutenant governor no later than the day that falls 90 days before the date of the election in which the measure will appear on the ballot. (2)The director shall ensure that the impartial analysis: (a)is not more than 1,000 words long; (b)is prepared in clear and concise language that will easily be understood by the average voter; (c)avoids the use of technical terms as much as possible; (d)shows the effect of the measure on existing law; (e)identifies any potential conflicts with the United States or Utah Constitutions raised by the measure; (f)fairly describes the operation of the measure; (g)identifies the measure's fiscal effects over the time period or time periods determined by the director to be most useful in understanding the estimated fiscal impact of the proposed law; and (h)identifies the amount of any increase or decrease in revenue or cost to state or local government. (3) The director shall analyze the measure as it is proposed to be adopted without considering any implementing legislation, unless the implementing legislation has been enacted and will become effective upon the adoption of the measure by the voters. (4) (3) (a)In determining the fiscal effects of a measure, the director shall confer with the legislative fiscal analyst. (b)The director shall consider any measure that requires implementing legislation in order to take effect to have no financial effect, unless implementing legislation has been enacted that will become effective upon adoption of the measure by the voters. (5) (4) If the director requests the assistance of any state department, agency, or official in preparing the director's analysis, that department, agency, or official shall assist the director.

Section 12, Section 20A-7-703.1 is enacted to read: 20A-7-703.1. Analysis of measure submitted to voters by Legislature -- Determination of fiscal effects. (1) The presiding officers shall: (a) prepare an analysis of each measure, described in Section 20A-7-103, that is submitted to the voters by the Legislature; and (b) submit the analysis to the lieutenant governor no later than the day that falls 90 days before the date of the election in which the measure will appear on the ballot. (2) The presiding officers shall ensure that the analysis: (a) is not more than 1,000 words long; (b) is prepared in clear and concise language that will easily be understood by the average voter; (c) to the extent possible, avoids the use of technical terms; (d) shows the effect of the measure on existing law; (e) describes the measure; (f) identifies the measure's fiscal effects over the time period or time periods determined by the presiding officers to be most useful in understanding the estimated fiscal impact of the measure; and (g) identifies the amount of any increase or decrease in revenue or cost to state or local government. (3) The presiding officers shall analyze the measure as the measure is proposed to be adopted, without considering any implementing legislation, unless the implementing legislation has been enacted and will become effective upon the adoption of the measure by the voters. (4) (a) In determining the fiscal effects of a measure, the presiding officers shall confer with the legislative fiscal analyst. (b) The presiding officers shall consider any measure that requires implementing legislation in order to take effect to have no financial effect, unless implementing legislation has been enacted that will become effective upon adoption of the measure by the voters. (5) If the presiding officers request the assistance of any state department, agency, or official in preparing the analysis described in this section, that department, agency, or official shall assist the presiding officers.

Section 13, Section 20A-9-201 is amended to read: 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of more than one political party prohibited with exceptions -- General filing and form requirements -- Affidavit of impecuniosity. (1)Before filing a declaration of candidacy for election to any office, an individual shall: (a)be a United States citizen; (b)meet the legal requirements of that office; and (c)if seeking a registered political party's nomination as a candidate for elective office, state: (i)the registered political party of which the individual is a member; or (ii)that the individual is not a member of a registered political party. (2) (a)Except as provided in Subsection (2)(b), an individual may not: (i)file a declaration of candidacy for, or be a candidate for, more than one office in Utah during any election year; (ii)appear on the ballot as the candidate of more than one political party; or (iii)file a declaration of candidacy for a registered political party of which the individual is not a member, except to the extent that the registered political party permits otherwise in the registered political party's bylaws. (b) (i)An individual may file a declaration of candidacy for, or be a candidate for, president or vice president of the United States and another office, if the individual resigns the individual's candidacy for the other office after the individual is officially nominated for president or vice president of the United States. (ii)An individual may file a declaration of candidacy for, or be a candidate for, more than one justice court judge office. (iii)An individual may file a declaration of candidacy for lieutenant governor even if the individual filed a declaration of candidacy for another office in the same election year if the individual withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor. (3) (a)Except for a candidate for president or vice president of the United States, before the filing officer may accept any declaration of candidacy, the filing officer shall: (i)read to the individual the constitutional and statutory qualification requirements for the office that the individual is seeking; (ii)require the individual to state whether the individual meets the requirements described in Subsection (3)(a)(i); (iii)if the declaration of candidacy is for a county office, inform the individual that an individual who holds a county elected office may not, at the same time, hold a municipal elected office; and (iv)if the declaration of candidacy is for a legislative office, inform the individual that Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit or trust, under authority of the United States or Utah, from being a member of the Legislature. (b)Before accepting a declaration of candidacy for the office of county attorney, the county clerk shall ensure that the individual filing that declaration of candidacy is: (i)a United States citizen; (ii)an attorney licensed to practice law in the state who is an active member in good standing of the Utah State Bar; (iii)a registered voter in the county in which the individual is seeking office; and (iv)a current resident of the county in which the individual is seeking office and either has been a resident of that county for at least one year before the date of the election or was appointed and is currently serving as county attorney and became a resident of the county within 30 days after appointment to the office. (c)Before accepting a declaration of candidacy for the office of district attorney, the county clerk shall ensure that, as of the date of the election, the individual filing that declaration of candidacy is: (i)a United States citizen; (ii)an attorney licensed to practice law in the state who is an active member in good standing of the Utah State Bar; (iii)a registered voter in the prosecution district in which the individual is seeking office; and (iv)a current resident of the prosecution district in which the individual is seeking office and either will have been a resident of that prosecution district for at least one year before the date of the election or was appointed and is currently serving as district attorney and became a resident of the prosecution district within 30 days after receiving appointment to the office. (d)Before accepting a declaration of candidacy for the office of county sheriff, the county clerk shall ensure that the individual filing the declaration: (i)is a United States citizen; (ii)is a registered voter in the county in which the individual seeks office; (iii) (A)has successfully met the standards and training requirements established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or (B)has met the waiver requirements in Section 53-6-206; (iv)is qualified to be certified as a law enforcement officer, as defined in Section 53-13-103 ; and (v)before the date of the election, will have been a resident of the county in which the individual seeks office for at least one year. (e)Before accepting a declaration of candidacy for the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or State Board of Education member, the filing officer shall ensure that the individual filing the declaration of candidacy also makes the conflict of interest disclosure described in Section 20A-11-1603. (4)If an individual who files a declaration of candidacy does not meet the qualification requirements for the office the individual is seeking, the filing officer may not accept the individual's declaration of candidacy. (5)If an individual who files a declaration of candidacy meets the requirements described in Subsection (3), the filing officer shall: (a)inform the individual that: (i)the individual's name will appear on the ballot as the individual's name is written on the individual's declaration of candidacy; (ii)the individual may be required to comply with state or local campaign finance disclosure laws; and (iii)the individual is required to file a financial statement before the individual's political convention under: (A)Section 20A-11-204 for a candidate for constitutional office; (B)Section 20A-11-303 for a candidate for the Legislature; or (C)local campaign finance disclosure laws, if applicable; (b)except for a presidential candidate, provide the individual with a copy of the current campaign financial disclosure laws for the office the individual is seeking and inform the individual that failure to comply will result in disqualification as a candidate and removal of the individual's name from the ballot; (c) (i) provide the individual with a copy of Section 20A-7-801 regarding the Statewide Electronic Voter Information Website Program and inform the individual of the submission deadline under Subsection 20A-7-801(4)(a); (ii) inform the individual that the individual must provide the filing officer with an email address that the individual actively monitors: (A) to receive a communication from a filing officer or an election officer; and (B) if the individual wishes to display a candidate profile on the Statewide Electronic Voter Information Website, to submit to the website the biographical and other information described in Subsection 20A-7-801 (4)(a)(ii); (iii) inform the individual that the email address described in Subsection (5)(c)(ii) is not a record under Title 63G, Chapter 2, Government Records Access and Management Act; and (iv) obtain from the individual the email address described in Subsection (5)(c)(ii); (d)provide the candidate with a copy of the pledge of fair campaign practices described under Section 20A-9-206 and inform the candidate that: (i)signing the pledge is voluntary; and (ii)signed pledges shall be filed with the filing officer; (e)accept the individual's declaration of candidacy; and (f)if the individual has filed for a partisan office, provide a certified copy of the declaration of candidacy to the chair of the county or state political party of which the individual is a member. (6)If the candidate elects to sign the pledge of fair campaign practices, the filing officer shall: (a)accept the candidate's pledge; and (b)if the candidate has filed for a partisan office, provide a certified copy of the candidate's pledge to the chair of the county or state political party of which the candidate is a member. (7) (a)Except for a candidate for president or vice president of the United States, the form of the declaration of candidacy shall: (i)be substantially as follows: "State of Utah, County of ____ I, ______________, declare my candidacy for the office of ____, seeking the nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns and elections; if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period; I will file all campaign financial disclosure reports as required by law; and I understand that failure to do so will result in my disqualification as a candidate for this office and removal of my name from the ballot. The mailing address that I designate for receiving official election notices is ___________________________. ____________________________________________________________________ Subscribed and sworn before me this __________(month\day\year). Notary Public (or other officer qualified to administer oath)."; and (ii)require the candidate to state, in the sworn statement described in Subsection (7)(a)(i): (A)the registered political party of which the candidate is a member; or (B)that the candidate is not a member of a registered political party. (b)An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5 . (8) (a)Except for a candidate for president or vice president of the United States, the fee for filing a declaration of candidacy is: (i)$50 for candidates for the local school district board; and (ii)$50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the person holding the office for all other federal, state, and county offices. (b)Except for presidential candidates, the filing officer shall refund the filing fee to any candidate: (i)who is disqualified; or (ii)who the filing officer determines has filed improperly. (c) (i)The county clerk shall immediately pay to the county treasurer all fees received from candidates. (ii)The lieutenant governor shall: (A)apportion to and pay to the county treasurers of the various counties all fees received for filing of nomination certificates or acceptances; and (B)ensure that each county receives that proportion of the total amount paid to the lieutenant governor from the congressional district that the total vote of that county for all candidates for representative in Congress bears to the total vote of all counties within the congressional district for all candidates for representative in Congress. (d) (i)A person who is unable to pay the filing fee may file a declaration of candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer, a financial statement filed at the time the affidavit is submitted. (ii)A person who is able to pay the filing fee may not claim impecuniosity. (iii) (A)False statements made on an affidavit of impecuniosity or a financial statement filed under this section shall be subject to the criminal penalties provided under Sections 76-8-503 and 76-8-504 and any other applicable criminal provision. (B)Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be considered an offense under this title for the purposes of assessing the penalties provided in Subsection 20A-1-609(2). (iv)The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially the following form: "Affidavit of Impecuniosity Individual Name ____________________________Address_____________________________ Phone Number _________________ I,__________________________(name), do solemnly [swear] [affirm], under penalty of law for false statements, that, owing to my poverty, I am unable to pay the filing fee required by law. Date ______________ Signature________________________________________________ Affiant Subscribed and sworn to before me on ___________ (month\day\year) ______________________ (signature) Name and Title of Officer Authorized to Administer Oath ______________________". (v)The filing officer shall provide to a person who requests an affidavit of impecuniosity a statement printed in substantially the following form, which may be included on the affidavit of impecuniosity: "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a candidate who is found guilty of filing a false statement, in addition to being subject to criminal penalties, will be removed from the ballot." (vi)The filing officer may request that a person who makes a claim of impecuniosity under this Subsection (8)(d) file a financial statement on a form prepared by the election official. (9)An individual who fails to file a declaration of candidacy or certificate of nomination within the time provided in this chapter is ineligible for nomination to office. (10)A declaration of candidacy filed under this section may not be amended or modified after the final date established for filing a declaration of candidacy.

Section 14, Section 20A-9-203 is amended to read: 20A-9-203. Declarations of candidacy -- Municipal general elections -- Nomination petition -- Removal of signature. (1)An individual may become a candidate for any municipal office if: (a)the individual is a registered voter; and (b) (i)the individual has resided within the municipality in which the individual seeks to hold elective office for the 12 consecutive months immediately before the date of the election; or (ii)the territory in which the individual resides was annexed into the municipality, the individual has resided within the annexed territory or the municipality the 12 consecutive months immediately before the date of the election. (2) (a)For purposes of determining whether an individual meets the residency requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months before the election, the municipality is considered to have been incorporated 12 months before the date of the election. (b)In addition to the requirements of Subsection (1), each candidate for a municipal council position shall, if elected from a district, be a resident of the council district from which the candidate is elected. (c)In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent individual, an individual convicted of a felony, or an individual convicted of treason or a crime against the elective franchise may not hold office in this state until the right to hold elective office is restored under Section 20A-2-101.3 or 20A-2-101.5. (3) (a)An individual seeking to become a candidate for a municipal office shall, regardless of the nomination method by which the individual is seeking to become a candidate: (i)except as provided in Subsection (3)(b) or Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a declaration of candidacy, in person with the city recorder or town clerk, during the office hours described in Section 10-3-301 and not later than the close of those office hours, between June 1 and June 7 of any odd-numbered year; and (ii)pay the filing fee, if one is required by municipal ordinance. (b)Subject to Subsection (5)(b), an individual may designate an agent to file a declaration of candidacy with the city recorder or town clerk if: (i)the individual is located outside of the state during the entire filing period; (ii)the designated agent appears in person before the city recorder or town clerk; (iii)the individual communicates with the city recorder or town clerk using an electronic device that allows the individual and city recorder or town clerk to see and hear each other; and (iv)the individual provides the city recorder or town clerk with an email address to which the city recorder or town clerk may send the individual the copies described in Subsection (4). (c)Any resident of a municipality may nominate a candidate for a municipal office by: (i)except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during the office hours described in Section 10-3-301 and not later than the close of those office hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support of the nomination petition of the lesser of at least: (A)25 registered voters who reside in the municipality; or (B)20% of the registered voters who reside in the municipality; and (ii)paying the filing fee, if one is required by municipal ordinance. (4) (a)Before the filing officer may accept any declaration of candidacy or nomination petition, the filing officer shall: (i)read to the prospective candidate or individual filing the petition the constitutional and statutory qualification requirements for the office that the candidate is seeking; (ii)require the candidate or individual filing the petition to state whether the candidate meets the requirements described in Subsection (4)(a)(i); and (iii)inform the candidate or the individual filing the petition that an individual who holds a municipal elected office may not, at the same time, hold a county elected office. (b)If the prospective candidate does not meet the qualification requirements for the office, the filing officer may not accept the declaration of candidacy or nomination petition. (c)If it appears that the prospective candidate meets the requirements of candidacy, the filing officer shall: (i)inform the candidate that the candidate's name will appear on the ballot as it is written on the declaration of candidacy; (ii)provide the candidate with a copy of the current campaign financial disclosure laws for the office the candidate is seeking and inform the candidate that failure to comply will result in disqualification as a candidate and removal of the candidate's name from the ballot; (iii)provide the candidate with a copy of Section 20A-7-801 regarding the Statewide Electronic Voter Information Website Program and inform the candidate of the submission deadline under Subsection 20A-7-801(4)(a); (iv) inform the candidate that the candidate must provide the filing officer with an email address that the candidate actively monitors: (A) to receive a communication from a filing officer or an election officer; and (B) if the candidate wishes to display a candidate profile on the Statewide Electronic Voter Information Website, to submit to the website the biographical and other information described in Subsection 20A-7-801 (4)(a)(ii); (v) inform the candidate that the email address described in Subsection (4)(c)(iv) is not a record under Title 63G, Chapter 2, Government Records Access and Management Act; (vi) obtain from the candidate the email address described in Subsection (4)(c)(iv); (iv) (vii) provide the candidate with a copy of the pledge of fair campaign practices described under Section 20A-9-206 and inform the candidate that: (A)signing the pledge is voluntary; and (B)signed pledges shall be filed with the filing officer; and (v) (viii) accept the declaration of candidacy or nomination petition. (d)If the candidate elects to sign the pledge of fair campaign practices, the filing officer shall: (i)accept the candidate's pledge; and (ii)if the candidate has filed for a partisan office, provide a certified copy of the candidate's pledge to the chair of the county or state political party of which the candidate is a member. (5) (a)The declaration of candidacy shall be in substantially the following form: "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet the legal qualifications required of candidates for this office. If filing via a designated agent, I attest that I will be out of the state of Utah during the entire candidate filing period. I will file all campaign financial disclosure reports as required by law and I understand that failure to do so will result in my disqualification as a candidate for this office and removal of my name from the ballot. I request that my name be printed upon the applicable official ballots. (Signed) _______________ Subscribed and sworn to (or affirmed) before me by ____ on this __________(month\day\year). (Signed) _______________ (Clerk or other officer qualified to administer oath)." (b)An agent designated under Subsection (3)(b) to file a declaration of candidacy may not sign the form described in Subsection (5)(a). (c) (i)A nomination petition shall be in substantially the following form: "NOMINATION PETITION The undersigned residents of (name of municipality), being registered voters, nominate (name of nominee) for the office of (name of office) for the (length of term of office)." (ii)The remainder of the petition shall contain lines and columns for the signatures of individuals signing the petition and each individual's address and phone number. (6)If the declaration of candidacy or nomination petition fails to state whether the nomination is for the two-year or four-year term, the clerk shall consider the nomination to be for the four-year term. (7) (a) (i)The clerk shall verify with the county clerk that all candidates are registered voters. (b)With the assistance of the county clerk, and using the procedures described in Section 20A-1-1002, the municipal clerk shall determine whether the required number of signatures of registered voters appears on a nomination petition. (8)Immediately after expiration of the period for filing a declaration of candidacy, the clerk shall: (a)publicize a list of the names of the candidates as they will appear on the ballot by publishing the list for the municipality, as a class A notice under Section 63G-30-102, for seven days; and (b)notify the lieutenant governor of the names of the candidates as they will appear on the ballot. (9)Except as provided in Subsection (10)(c), an individual may not amend a declaration of candidacy or nomination petition filed under this section after the candidate filing period ends. (10) (a)A declaration of candidacy or nomination petition that an individual files under this section is valid unless a person files a written objection with the clerk before 5 p.m. within 10 days after the last day for filing. (b)If a person files an objection, the clerk shall: (i)mail or personally deliver notice of the objection to the affected candidate immediately; and (ii)decide any objection within 48 hours after the objection is filed. (c)If the clerk sustains the objection, the candidate may, before 5 p.m. within three days after the day on which the clerk sustains the objection, correct the problem for which the objection is sustained by amending the candidate's declaration of candidacy or nomination petition, or by filing a new declaration of candidacy. (d) (i)The clerk's decision upon objections to form is final. (ii)The clerk's decision upon substantive matters is reviewable by a district court if prompt application is made to the district court. (iii)The decision of the district court is final unless the Supreme Court, in the exercise of its discretion, agrees to review the lower court decision. (11)A candidate who qualifies for the ballot under this section may withdraw as a candidate by filing a written affidavit with the municipal clerk. (12) (a)A voter who signs a nomination petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the city recorder or municipal clerk, submitting to the municipal clerk a statement requesting that the voter's signature be removed. (b)A statement described in Subsection (12)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c)With the assistance of the county clerk and using the procedures described in Subsection 20A-1-1003(3), the municipal clerk shall determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.

Section 15, Section 20A-9-207 is amended to read: 20A-9-207. Withdrawal of candidacy -- Notice. As used in this section: (1)"Public office" means the offices of governor, lieutenant governor, attorney general, state auditor, state treasurer, state senator, state representative, state school board, or an elective office of a local political subdivision. (2)"Public office candidate" means a person who files a declaration of candidacy for a public office. (3)If a public office candidate withdraws as a candidate, the an election officer shall: (a) no later than two business days after the day on which the election officer receives notice of the withdrawal, notify every opposing candidate for the public office that the public office candidate has withdrawn; (b) subject to Subsection (4), upon notice of a withdrawal that occurs 65 or fewer days before the date of the election, send an email notification to each voter who is eligible to vote in the public office race for whom the election officer has an email address informing the voter : (i) that the public office candidate has withdrawn ; and (ii) that votes a vote cast for the public office candidate will not be counted ; , regardless of whether the public office candidate's name appears on the ballot; (c)post notice of the withdrawal on a public website; and (d) if practicable, remove the public office candidate's name from the ballot. (d) if practicable, include with the ballot, including a military or overseas ballot, a written notice that: (i) contains the information described in Subsections (3)(b)(i) and (ii); or (ii) directs the voter to a public website to inform the voter whether a candidate on the ballot has withdrawn. (4) An election officer may fulfill the requirement described in Subsection (3) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice: (a) informing the voter that the candidate has withdraw; or (b) directing the voter to a public website to inform the voter whether a candidate on the ballot has withdrawn. (4) An election officer shall send the email notification described in Subsection (3)(b) on or before the earlier of: (a) the next day on which the election officer mails ballots in accordance with Section 20A-3a-202 ; or (b) two business days before the date of the election.

Section 16, Section 20A-9-601 is amended to read: 20A-9-601. Qualifying as a write-in candidate. (1) (a)Except as provided in Subsection (1)(b), an individual who wishes to become a valid write-in candidate shall file a declaration of candidacy in person, or through a designated agent for a candidate for president or vice president of the United States, with the appropriate filing officer before 5 p.m. no later than 65 days before the date of the regular general election or a the municipal general election in which the individual intends to be a write-in candidate. (b) (i)The provisions of this Subsection (1)(b) do not apply to an individual who files a declaration of candidacy for president of the United States. (ii)Subject to Subsection (2)(d), an individual may designate an agent to file a declaration of candidacy with the appropriate filing officer if: (A)the individual is located outside of the state during the entire filing period; (B)the designated agent appears in person before the filing officer; and (C)the individual communicates with the filing officer using an electronic device that allows the individual and filing officer to see and hear each other. (2) (a)The form of the declaration of candidacy for a write-in candidate for all offices, except president or vice president of the United States, is substantially as follows: "State of Utah, County of ____ I, ______________, declare my intention of becoming a candidate for the office of ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate any law governing campaigns and elections; if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period; I will file all campaign financial disclosure reports as required by law; and I understand that failure to do so will result in my disqualification as a candidate for this office and rejection of any votes cast for me. The mailing address that I designate for receiving official election notices is ___________________________. ____________________________________________________________________ Subscribed and sworn before me this __________(month\day\year). Notary Public (or other officer qualified to administer oath)." (b)The form of the declaration of candidacy for a write-in candidate for president of the United States is substantially as follows: "State of Utah, County of ____ I, ______________, declare my intention of becoming a candidate for the office of the president of the United States. I do solemnly swear that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate any law governing campaigns and elections. The mailing address that I designate for receiving official election notices is ___________________________. I designate _______________ as my vice presidential candidate. ____________________________________________________________________ Subscribed and sworn before me this __________(month\day\year). Notary Public (or other officer qualified to administer oath.)" (c)A declaration of candidacy for a write-in candidate for vice president of the United States shall be in substantially the same form as a declaration of candidacy described in Subsection 20A-9-202(7). (d)An agent described in Subsection (1)(a) or (b) may not sign the form described in Subsection (2)(a) or (b). (3) (a)The filing officer shall: (i)read to the candidate the constitutional and statutory requirements for the office; (ii)ask the candidate whether the candidate meets the requirements; and (iii)if the declaration of candidacy is for a legislative office, inform the individual that Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit or trust, under authority of the United States or Utah, from being a member of the Legislature. (b)If the candidate cannot meet the requirements of office, the filing officer may not accept the write-in candidate's declaration of candidacy. (4) (a)Except as provided in Subsection (4)(b), a write-in candidate is subject to Subsection 20A-9-201(8). (b)A write-in candidate for president of the United States is subject to Subsection 20A-9-201 (8)(d) or 20A-9-803(1)(d), as applicable. (5)By November 1 of each regular general election year, the lieutenant governor shall certify to each county clerk the names of all write-in candidates who filed their declaration of candidacy with the lieutenant governor.

Section 17, Section 63G-2-103 is amended to read: 63G-2-103. Definitions. As used in this chapter: (1)"Audit" means: (a)a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or (b)a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. (2)"Chronological logs" mean the regular and customary summary records of law enforcement agencies and other public safety agencies that show: (a)the time and general nature of police, fire, and paramedic calls made to the agency; and (b)any arrests or jail bookings made by the agency. (3)"Classification," "classify," and their derivative forms mean determining whether a record series, record, or information within a record is public, private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b). (4) (a)"Computer program" means: (i)a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and (ii)any associated documentation and source material that explain how to operate the computer program. (b)"Computer program" does not mean: (i)the original data, including numbers, text, voice, graphics, and images; (ii)analysis, compilation, and other manipulated forms of the original data produced by use of the program; or (iii)the mathematical or statistical formulas, excluding the underlying mathematical algorithms contained in the program, that would be used if the manipulated forms of the original data were to be produced manually. (5) (a)"Contractor" means: (i)any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or (ii)any private, nonprofit organization that receives funds from a governmental entity. (b)"Contractor" does not mean a private provider. (6)"Controlled record" means a record containing data on individuals that is controlled as provided by Section 63G-2-304. (7)"Designation," "designate," and their derivative forms mean indicating, based on a governmental entity's familiarity with a record series or based on a governmental entity's review of a reasonable sample of a record series, the primary classification that a majority of records in a record series would be given if classified and the classification that other records typically present in the record series would be given if classified. (8)"Elected official" means each person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office, but does not include judges. (9)"Explosive" means a chemical compound, device, or mixture: (a)commonly used or intended for the purpose of producing an explosion; and (b)that contains oxidizing or combustive units or other ingredients in proportions, quantities, or packing so that: (i)an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases; and (ii)the resultant gaseous pressures are capable of: (A)producing destructive effects on contiguous objects; or (B)causing death or serious bodily injury. (10)"Government audit agency" means any governmental entity that conducts an audit. (11) (a)"Governmental entity" means: (i)executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives; (ii)the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature; (iii)courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; (iv)any state-funded institution of higher education or public education; or (v)any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701 , this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. (b)"Governmental entity" also means: (i)every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsection (11)(a) that is funded or established by the government to carry out the public's business; (ii)as defined in Section 11-13-103, an interlocal entity or joint or cooperative undertaking; (iii)as defined in Section 11-13a-102, a governmental nonprofit corporation; (iv)an association as defined in Section 53G-7-1101; (v)the Utah Independent Redistricting Commission; and (vi)a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. (c)"Governmental entity" does not include the Utah Educational Savings Plan created in Section 53B-8a-103. (12)"Gross compensation" means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer. (13)"Individual" means a human being. (14) (a)"Initial contact report" means an initial written or recorded report, however titled, prepared by peace officers engaged in public patrol or response duties describing official actions initially taken in response to either a public complaint about or the discovery of an apparent violation of law, which report may describe: (i)the date, time, location, and nature of the complaint, the incident, or offense; (ii)names of victims; (iii)the nature or general scope of the agency's initial actions taken in response to the incident; (iv)the general nature of any injuries or estimate of damages sustained in the incident; (v)the name, address, and other identifying information about any person arrested or charged in connection with the incident; or (vi)the identity of the public safety personnel, except undercover personnel, or prosecuting attorney involved in responding to the initial incident. (b)Initial contact reports do not include follow-up or investigative reports prepared after the initial contact report. However, if the information specified in Subsection (14)(a) appears in follow-up or investigative reports, it may only be treated confidentially if it is private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201 (3)(b). (c)Initial contact reports do not include accident reports, as that term is described in Title 41, Chapter 6a, Part 4, Accident Responsibilities. (15)"Legislative body" means the Legislature. (16)"Notice of compliance" means a statement confirming that a governmental entity has complied with an order of the State Records Committee. (17)"Person" means: (a)an individual; (b)a nonprofit or profit corporation; (c)a partnership; (d)a sole proprietorship; (e)other type of business organization; or (f)any combination acting in concert with one another. (18)"Personal identifying information" means the same as that term is defined in Section 63A-12-100.5 . (19)"Privacy annotation" means the same as that term is defined in Section 63A-12-100.5. (20)"Private provider" means any person who contracts with a governmental entity to provide services directly to the public. (21)"Private record" means a record containing data on individuals that is private as provided by Section 63G-2-302. (22)"Protected record" means a record that is classified protected as provided by Section 63G-2-305 . (23)"Public record" means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). (24)"Reasonable search" means a search that is: (a)reasonable in scope and intensity; and (b)not unreasonably burdensome for the government entity. (25) (a)"Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics: (i)that is prepared, owned, received, or retained by a governmental entity or political subdivision; and (ii)where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. (b)"Record" does not mean include: (i)a personal note or personal communication prepared or received by an employee or officer of a governmental entity: (A)in a capacity other than the employee's or officer's governmental capacity; or (B)that is unrelated to the conduct of the public's business; (ii)a temporary draft or similar material prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom the originator is working; (iii)material that is legally owned by an individual in the individual's private capacity; (iv)material to which access is limited by the laws of copyright or patent unless the copyright or patent is owned by a governmental entity or political subdivision; (v)proprietary software; (vi)junk mail or a commercial publication received by a governmental entity or an official or employee of a governmental entity; (vii)a book that is cataloged, indexed, or inventoried and contained in the collections of a library open to the public; (viii)material that is cataloged, indexed, or inventoried and contained in the collections of a library open to the public, regardless of physical form or characteristics of the material; (ix)a daily calendar or other personal note prepared by the originator for the originator's personal use or for the personal use of an individual for whom the originator is working; (x)a computer program that is developed or purchased by or for any governmental entity for its own use; (xi)a note or internal memorandum prepared as part of the deliberative process by: (A)a member of the judiciary; (B)an administrative law judge; (C)a member of the Board of Pardons and Parole; or (D)a member of any other body, other than an association or appeals panel as defined in Section 53G-7-1101, charged by law with performing a quasi-judicial function; (xii)a telephone number or similar code used to access a mobile communication device that is used by an employee or officer of a governmental entity, provided that the employee or officer of the governmental entity has designated at least one business telephone number that is a public record as provided in Section 63G-2-301 ; (xiii)information provided by the Public Employees' Benefit and Insurance Program, created in Section 49-20-103, to a county to enable the county to calculate the amount to be paid to a health care provider under Subsection 17-50-319(2)(e)(ii); (xiv)information that an owner of unimproved property provides to a local entity as provided in Section 11-42-205; (xv)a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102; (xvi)child sexual abuse material, as defined by Section 76-5b-103; (xvii)before final disposition of an ethics complaint occurs, a video or audio recording of the closed portion of a meeting or hearing of: (A)a Senate or House Ethics Committee; (B)the Independent Legislative Ethics Commission; (C)the Independent Executive Branch Ethics Commission, created in Section 63A-14-202 ; or (D)the Political Subdivisions Ethics Review Commission established in Section 63A-15-201 ; or (xviii)confidential communication described in Section 58-60-102, 58-61-102, or 58-61-702 . ; or (xix) the email address that a candidate for elective office provides to a filing officer under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv). (26)"Record series" means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition. (27)"Records officer" means the individual appointed by the chief administrative officer of each governmental entity, or the political subdivision to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of records. (28)"Schedule," "scheduling," and their derivative forms mean the process of specifying the length of time each record series should be retained by a governmental entity for administrative, legal, fiscal, or historical purposes and when each record series should be transferred to the state archives or destroyed. (29)"Sponsored research" means research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget: (a)conducted: (i)by an institution within the state system of higher education defined in Section 53B-1-102 ; and (ii)through an office responsible for sponsored projects or programs; and (b)funded or otherwise supported by an external: (i)person that is not created or controlled by the institution within the state system of higher education; or (ii)federal, state, or local governmental entity. (30)"State archives" means the Division of Archives and Records Service created in Section 63A-12-101. (31)"State archivist" means the director of the state archives. (32)"State Records Committee" means the State Records Committee created in Section 63G-2-501 . (33)"Summary data" means statistical records and compilations that contain data derived from private, controlled, or protected information but that do not disclose private, controlled, or protected information.

Section 18, Section 63G-2-303 is amended to read: 63G-2-303. Private information concerning certain government employees. (1)As used in this section: (a)"At-risk government employee" means a current or former: (i)peace officer as specified in Section 53-13-102; (ii)state or federal judge of an appellate, district, justice, or juvenile court, or court commissioner; (iii)judge authorized by Title 39A, Chapter 5, Utah Code of Military Justice; (iv)judge authorized by Armed Forces, Title 10, United States Code; (v)federal prosecutor; (vi)prosecutor appointed pursuant to Armed Forces, Title 10, United States Code; (vii)law enforcement official as defined in Section 53-5-711; (viii)prosecutor authorized by Title 39A, Chapter 5, Utah Code of Military Justice; or (ix)state or local government employee who, because of the unique nature of the employee's regular work assignments or because of one or more recent credible threats directed to or against the employee, would be at immediate and substantial risk of physical harm if the employee's personal information is disclosed. (b)"Family member" means the spouse, child, sibling, parent, or grandparent of an at-risk government employee who is living with the employee. (c)"Personal information" means the employee's or the employee's family member's home address, home telephone number, personal mobile telephone number, personal pager number, personal email address, social security number, insurance coverage, marital status, or payroll deductions. (2) (a)Pursuant to Subsection 63G-2-302(1)(h), an at-risk government employee may file a written application that: (i)gives notice of the employee's status as an at-risk government employee to each agency of a government entity holding a record or a part of a record that would disclose the employee's personal information; and (ii)requests that the government agency classify those records or parts of records as private. (b)An at-risk government employee desiring to file an application under this section may request assistance from the government agency to identify the individual records containing personal information. (c)Each government agency shall develop a form that: (i)requires the at-risk government employee to designate each specific record or part of a record containing the employee's personal information that the applicant desires to be classified as private; (ii)affirmatively requests that the government entity holding those records classify them as private; (iii)informs the employee that by submitting a completed form the employee may not receive official announcements affecting the employee's property, including notices about proposed municipal annexations, incorporations, or zoning modifications; and (iv)contains a place for the signature required under Subsection (2)(d). (d)A form submitted by an employee under Subsection (2)(c) shall be signed by the highest ranking elected or appointed official in the employee's chain of command certifying that the employee submitting the form is an at-risk government employee. (3)A county recorder, county treasurer, county auditor, or a county tax assessor may fully satisfy the requirements of this section by: (a)providing a method for the assessment roll and index and the tax roll and index that will block public access to the home address, home telephone number, situs address, and Social Security number; and (b)providing the at-risk government employee requesting the classification with a disclaimer informing the employee that the employee may not receive official announcements affecting the employee's property, including notices about proposed annexations, incorporations, or zoning modifications. (4)A government agency holding records of an at-risk government employee classified as private under this section may release the record or part of the record if: (a)the employee or former employee gives written consent; (b)a court orders release of the records; or (c)the government agency receives a certified death certificate for the employee or former employee . ; or (d) as it relates to the employee's voter registration record: (i) the person to whom the record or part of the record is released is a qualified person under Subsection 20A-2-104(4)(n); and (ii) the government agency's release of the record or part of the record complies with the requirements of Subsection 20A-2-104(4)(o). (5) (a)If the government agency holding the private record receives a subpoena for the records, the government agency shall attempt to notify the at-risk government employee or former employee by mailing a copy of the subpoena to the employee's last-known mailing address together with a request that the employee either: (i)authorize release of the record; or (ii)within 10 days of the date that the copy and request are mailed, deliver to the government agency holding the private record a copy of a motion to quash filed with the court who issued the subpoena. (b)The government agency shall comply with the subpoena if the government agency has: (i)received permission from the at-risk government employee or former employee to comply with the subpoena; (ii)not received a copy of a motion to quash within 10 days of the date that the copy of the subpoena was mailed; or (iii)received a court order requiring release of the records. (6) (a)Except as provided in Subsection (6)(b), a form submitted under this section remains in effect until the earlier of: (i)four years after the date the employee signs the form, whether or not the employee's employment terminates before the end of the four-year period; and (ii)one year after the government agency receives official notice of the death of the employee. (b)A form submitted under this section may be rescinded at any time by: (i)the at-risk government employee who submitted the form; or (ii)if the at-risk government employee is deceased, a member of the employee's immediate family.

Section 19. Effective date. This bill takes effect on May 1, 2024.