01-21 09:48 H.B. 291
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Mayoral Recall Election Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
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LONG TITLE
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General Description:
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This bill establishes a procedure to conduct a recall election for the office of mayor.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes a procedure to require a recall election for a mayor;
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▸ establishes requirements to file a recall application and petition;
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▸ describes requirements for a petition for a recall election, gathering and submitting
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signatures, removing signatures, and evaluating signatures;
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▸ establishes requirements for holding a recall election and determining the results of a
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recall election;
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▸ establishes ballot requirements for a recall election;
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▸ establishes criminal penalties for misconduct relating to a petition for a recall election; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-1-102, as last amended by Laws of Utah 2024, Chapter 438
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20A-1-206, as last amended by Laws of Utah 2023, Chapters 15, 435
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20A-1-1001, as enacted by Laws of Utah 2023, Chapter 116
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20A-6-305, as last amended by Laws of Utah 2020, Chapter 49
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ENACTS:
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20A-1-1101, Utah Code Annotated 1953
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20A-1-1102, Utah Code Annotated 1953
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20A-1-1103, Utah Code Annotated 1953 H.B. 291 01-21 09:48
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20A-1-1104, Utah Code Annotated 1953
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20A-1-1105, Utah Code Annotated 1953
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20A-1-1106, Utah Code Annotated 1953
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20A-1-1107, Utah Code Annotated 1953
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20A-1-1108, Utah Code Annotated 1953
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20A-1-1109, Utah Code Annotated 1953
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20A-1-1110, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-1-102 is amended to read:
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20A-1-102 . Definitions.
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As used in this title:
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(1) "Active voter" means a registered voter who has not been classified as an inactive voter
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by the county clerk.
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(2) "Automatic tabulating equipment" means apparatus that automatically examines and
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counts votes recorded on ballots and tabulates the results.
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(3)(a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
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storage medium, that records an individual voter's vote.
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(b) "Ballot" does not include a record to tally multiple votes.
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(4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters on
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the ballot for their approval or rejection including:
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(a) an opinion question specifically authorized by the Legislature;
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(b) a constitutional amendment;
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(c) an initiative;
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(d) a referendum;
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(e) a bond proposition;
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(f) a judicial retention question;
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(g) an incorporation of a city or town; or
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(h) any other ballot question specifically authorized by the Legislature.
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(5) "Bind," "binding," or "bound" means securing more than one piece of paper together
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using staples or another means in at least three places across the top of the paper in the
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blank space reserved for securing the paper.
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(6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
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20A-4-306 to canvass election returns.
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(7) "Bond election" means an election held for the purpose of approving or rejecting the
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proposed issuance of bonds by a government entity.
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(8) "Business reply mail envelope" means an envelope that may be mailed free of charge by
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the sender.
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(9) "Canvass" means the review of election returns and the official declaration of election
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results by the board of canvassers.
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(10) "Canvassing judge" means a poll worker designated to assist in counting ballots at the
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canvass.
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(11) "Contracting election officer" means an election officer who enters into a contract or
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interlocal agreement with a provider election officer.
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(12) "Convention" means the political party convention at which party officers and
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delegates are selected.
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(13) "Counting center" means one or more locations selected by the election officer in
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charge of the election for the automatic counting of ballots.
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(14) "Counting judge" means a poll worker designated to count the ballots during election
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day.
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(15) "Counting room" means a suitable and convenient private place or room for use by the
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poll workers and counting judges to count ballots.
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(16) "County officers" means those county officers that are required by law to be elected.
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(17) "Date of the election" or "election day" or "day of the election":
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(a) means the day that is specified in the calendar year as the day that the election
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occurs; and
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(b) does not include:
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(i) deadlines established for voting by mail, military-overseas voting, or emergency
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voting; or
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(ii) any early voting or early voting period as provided under Chapter 3a, Part 6,
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Early Voting.
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(18) "Elected official" means:
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(a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
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Municipal Alternate Voting Methods Pilot Project;
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(b) a person who is considered to be elected to a municipal office in accordance with [
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Subsection 20A-1-206(1)(c)(ii)] Section 20A-1-206; or
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(c) a person who is considered to be elected to a special district office in accordance
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with [Subsection 20A-1-206(3)(b)(ii)] Section 20A-1-206.
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(19) "Election" means a regular general election, a municipal general election, a statewide
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special election, a local special election, a regular primary election, a municipal primary
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election, and a special district election.
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(20) "Election Assistance Commission" means the commission established by the Help
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America Vote Act of 2002, Pub. L. No. 107-252.
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(21) "Election cycle" means the period beginning on the first day persons are eligible to file
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declarations of candidacy and ending when the canvass is completed.
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(22) "Election judge" means a poll worker that is assigned to:
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(a) preside over other poll workers at a polling place;
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(b) act as the presiding election judge; or
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(c) serve as a canvassing judge, counting judge, or receiving judge.
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(23) "Election officer" means:
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(a) the lieutenant governor, for all statewide ballots and elections;
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(b) the county clerk for:
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(i) a county ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5;
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(c) the municipal clerk for:
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(i) a municipal ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5;
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(d) the special district clerk or chief executive officer for:
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(i) a special district ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5; or
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(e) the business administrator or superintendent of a school district for:
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(i) a school district ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5.
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(24) "Election official" means any election officer, election judge, or poll worker.
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(25) "Election results" means:
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(a) for an election other than a bond election, the count of votes cast in the election and
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the election returns requested by the board of canvassers; or
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(b) for bond elections, the count of those votes cast for and against the bond proposition
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plus any or all of the election returns that the board of canvassers may request.
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(26) "Election returns" includes:
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(a) the pollbook, the military and overseas absentee voter registration and voting
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certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all
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excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
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the total votes cast form; and
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(b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
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ballot.
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(27) "Electronic signature" means an electronic sound, symbol, or process attached to or
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logically associated with a record and executed or adopted by a person with the intent to
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sign the record.
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(28) "Inactive voter" means a registered voter who is listed as inactive by a county clerk
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under Subsection 20A-2-505(4)(c)(i) or (ii).
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(29) "Judicial office" means the office filled by any judicial officer.
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(30) "Judicial officer" means any justice or judge of a court of record or any county court
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judge.
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(31) "Local election" means a regular county election, a regular municipal election, a
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municipal primary election, a local special election, a special district election, and a
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bond election.
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(32) "Local political subdivision" means a county, a municipality, a special district, or a
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local school district.
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(33) "Local special election" means a special election called by the governing body of a
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local political subdivision in which all registered voters of the local political subdivision
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may vote.
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(34) "Manual ballot" means a paper document produced by an election officer on which an
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individual records an individual's vote by directly placing a mark on the paper document
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using a pen or other marking instrument.
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(35) "Mechanical ballot" means a record, including a paper record, electronic record, or
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mechanical record, that:
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(a) is created via electronic or mechanical means; and
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(b) records an individual voter's vote cast via a method other than an individual directly
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placing a mark, using a pen or other marking instrument, to record an individual
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voter's vote.
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(36) "Municipal executive" means:
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(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
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(b) the mayor in the council-manager form of government defined in Subsection
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10-3b-103(6).
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(37) "Municipal general election" means the election held in municipalities and, as
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applicable, special districts on the first Tuesday after the first Monday in November of
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each odd-numbered year for the purposes established in Section 20A-1-202.
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(38) "Municipal legislative body" meansthe council of the city or town in any form of
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municipal government.
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(39) "Municipal office" means an elective office in a municipality.
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(40) "Municipal officers" means those municipal officers that are required by law to be
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elected.
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(41) "Municipal primary election" means an election held to nominate candidates for
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municipal office.
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(42) "Municipality" means a city or town.
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(43) "Official ballot" means the ballots distributed by the election officer for voters to
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record their votes.
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(44) "Official endorsement" means the information on the ballot that identifies:
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(a) the ballot as an official ballot;
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(b) the date of the election; and
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(c)(i) for a ballot prepared by an election officer other than a county clerk, the
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facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
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(ii) for a ballot prepared by a county clerk, the words required by Subsection
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20A-6-301(1)(b)(iii).
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(45) "Official register" means the official record furnished to election officials by the
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election officer that contains the information required by Section 20A-5-401.
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(46) "Political party" means an organization of registered voters that has qualified to
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participate in an election by meeting the requirements of Chapter 8, Political Party
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Formation and Procedures.
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(47)(a) "Poll worker" means a person assigned by an election official to assist with an
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election, voting, or counting votes.
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(b) "Poll worker" includes election judges.
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(c) "Poll worker" does not include a watcher.
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(48) "Pollbook" means a record of the names of voters in the order that they appear to cast
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votes.
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(49) "Polling place" means a building where voting is conducted.
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(50) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
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which the voter marks the voter's choice.
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(51) "Presidential Primary Election" means the election established in Chapter 9, Part 8,
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Presidential Primary Election.
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(52) "Primary convention" means the political party conventions held during the year of the
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regular general election.
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(53) "Protective counter" means a separate counter, which cannot be reset, that:
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(a) is built into a voting machine; and
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(b) records the total number of movements of the operating lever.
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(54) "Provider election officer" means an election officer who enters into a contract or
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interlocal agreement with a contracting election officer to conduct an election for the
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contracting election officer's local political subdivision in accordance with Section
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20A-5-400.1.
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(55) "Provisional ballot" means a ballot voted provisionally by a person:
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(a) whose name is not listed on the official register at the polling place;
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(b) whose legal right to vote is challenged as provided in this title; or
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(c) whose identity was not sufficiently established by a poll worker.
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(56) "Provisional ballot envelope" means an envelope printed in the form required by
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Section 20A-6-105 that is used to identify provisional ballots and to provide information
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to verify a person's legal right to vote.
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(57)(a) "Public figure" means an individual who, due to the individual being considered
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for, holding, or having held a position of prominence in a public or private capacity,
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or due to the individual's celebrity status, has an increased risk to the individual's
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safety.
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(b) "Public figure" does not include an individual:
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(i) elected to public office; or
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(ii) appointed to fill a vacancy in an elected public office.
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(58) "Qualify" or "qualified" means to take the oath of office and begin performing the
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duties of the position for which the individual was elected.
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(59) "Receiving judge" means the poll worker that checks the voter's name in the official
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register at a polling place and provides the voter with a ballot.
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(60) "Registration form" means a form by which an individual may register to vote under
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this title.
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(61) "Regular ballot" means a ballot that is not a provisional ballot.
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(62) "Regular general election" means the election held throughout the state on the first
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Tuesday after the first Monday in November of each even-numbered year for the
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purposes established in Section 20A-1-201.
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(63) "Regular primary election" means the election, held on the date specified in Section
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20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
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local school board positions to advance to the regular general election.
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(64) "Resident" means a person who resides within a specific voting precinct in Utah.
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(65) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
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provided to a voter with a manual ballot:
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(a) into which the voter places the manual ballot after the voter has voted the manual
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ballot in order to preserve the secrecy of the voter's vote; and
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(b) that includes the voter affidavit and a place for the voter's signature.
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(66) "Sample ballot" means a mock ballot similar in form to the official ballot, published as
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provided in Section 20A-5-405.
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(67) "Special district" means a local government entity under Title 17B, Limited Purpose
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Local Government Entities - Special Districts, and includes a special service district
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under Title 17D, Chapter 1, Special Service District Act.
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(68) "Special district officers" means those special district board members who are required
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by law to be elected.
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(69) "Special election" means an election held as authorized by Section 20A-1-203.
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(70) "Spoiled ballot" means each ballot that:
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(a) is spoiled by the voter;
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(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
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(c) lacks the official endorsement.
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(71) "Statewide special election" means a special election called by the governor or the
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Legislature in which all registered voters in Utah may vote.
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(72) "Tabulation system" means a device or system designed for the sole purpose of
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tabulating votes cast by voters at an election.
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(73) "Ticket" means a list of:
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(a) political parties;
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(b) candidates for an office; or
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(c) ballot propositions.
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(74) "Transfer case" means the sealed box used to transport voted ballots to the counting
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center.
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(75) "Vacancy" means:
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(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a
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position created by state constitution or state statute, whether that absence occurs
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because of death, disability, disqualification, resignation, or other cause ; or
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(b) in relation to a candidate for a position created by state constitution or state statute,
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the removal of a candidate due to the candidate's death, resignation, or
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disqualification.
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(76) "Valid voter identification" means:
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(a) a form of identification that bears the name and photograph of the voter which may
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include:
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(i) a currently valid Utah driver license;
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(ii) a currently valid identification card that is issued by:
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(A) the state; or
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(B) a branch, department, or agency of the United States;
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(iii) a currently valid Utah permit to carry a concealed weapon;
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(iv) a currently valid United States passport; or
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(v) a currently valid United States military identification card;
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(b) one of the following identification cards, whether or not the card includes a
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photograph of the voter:
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(i) a valid tribal identification card;
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(ii) a Bureau of Indian Affairs card; or
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(iii) a tribal treaty card; or
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(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the
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name of the voter and provide evidence that the voter resides in the voting precinct,
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which may include:
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(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
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election;
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(ii) a bank or other financial account statement, or a legible copy thereof;
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(iii) a certified birth certificate;
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(iv) a valid social security card;
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(v) a check issued by the state or the federal government or a legible copy thereof;
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(vi) a paycheck from the voter's employer, or a legible copy thereof;
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(vii) a currently valid Utah hunting or fishing license;
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(viii) certified naturalization documentation;
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(ix) a currently valid license issued by an authorized agency of the United States;
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(x) a certified copy of court records showing the voter's adoption or name change;
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(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
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(xii) a currently valid identification card issued by:
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(A) a local government within the state;
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(B) an employer for an employee; or
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(C) a college, university, technical school, or professional school located within
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the state; or
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(xiii) a current Utah vehicle registration.
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(77) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
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by following the procedures and requirements of this title.
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(78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
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(a) mailing the ballot to the location designated in the mailing; or
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(b) depositing the ballot in a ballot drop box designated by the election officer.
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(79) "Voter" means an individual who:
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(a) meets the requirements for voting in an election;
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(b) meets the requirements of election registration;
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(c) is registered to vote; and
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(d) is listed in the official register book.
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(80) "Voter registration deadline" means the registration deadline provided in Section
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20A-2-102.5.
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(81) "Voting area" means the area within six feet of the voting booths, voting machines,
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and ballot box.
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(82) "Voting booth" means:
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(a) the space or compartment within a polling place that is provided for the preparation
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of ballots, including the voting enclosure or curtain; or
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(b) a voting device that is free standing.
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(83) "Voting device" means any device provided by an election officer for a voter to vote a
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mechanical ballot.
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(84) "Voting precinct" means the smallest geographical voting unit, established under
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Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
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(85) "Watcher" means an individual who complies with the requirements described in
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Section 20A-3a-801 to become a watcher for an election.
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(86) "Write-in ballot" means a ballot containing any write-in votes.
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(87) "Write-in vote" means a vote cast for an individual, whose name is not printed on the
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ballot, in accordance with the procedures established in this title.
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Section 2. Section 20A-1-206 is amended to read:
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20A-1-206 . Cancellation of local election or local race -- Municipalities -- Special
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districts -- Notice.
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(1) As used in this section:
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(a) "Contested race" means a race in a general election where the number of candidates,
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including any eligible write-in candidates, exceeds the number of offices to be filled
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in the race.
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(b) "Election" means an event, run by an election officer, that includes one or more races
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for public office or one or more ballot propositions.
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(c)(i) "Race" means a contest between candidates to obtain the number of votes
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necessary to take a particular public office.
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(ii) "Race," as the term relates to a contest for an at-large position, includes all open
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positions for the same at-large office.
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(iii) "Race," as the term relates to a contest for a municipal council position that is not
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an at-large position, includes only the contest to represent a particular district on
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the council.
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(2) A municipal legislative body may cancel a local election if:
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(a) the ballot for the local election will not include:
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(i) any contested races or ballot propositions; or
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(ii) a recall election described in Part 11, Recall Election for Mayor; and
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(b) the municipal legislative body passes, no later than 20 days before the day of the
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scheduled election, a resolution that cancels the election and certifies that:
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(i) the ballot for the election would not include any contested races or ballot
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propositions; and
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(ii) the candidates who qualified for the ballot are considered elected.
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(3) A municipal legislative body may cancel a race in a local election if:
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(a) the ballot for the race will not include any contested races or ballot propositions; and
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(b) the municipal legislative body passes, no later than 20 days before the day of the
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scheduled election, a resolution that cancels the race and certifies that:
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(i) the ballot for the race would not include any contested races or ballot propositions;
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and
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(ii) the candidate for the race is considered elected.
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(4) A municipal legislative body that cancels a local election in accordance with Subsection
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(2) shall give notice that the election is cancelled by:
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(a) subject to Subsection (8), providing notice to the lieutenant governor's office to be
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posted on the Statewide Electronic Voter Information Website described in Section
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20A-7-801, for 15 consecutive days before the day of the scheduled election; and
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(b) providing notice for the municipality, as a class A notice under Section 63G-30-102,
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for at least 15 days before the day of the scheduled election.
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(5) A special district board may cancel a local election if:
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(a) the ballot for the local election will not include any contested races or ballot
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propositions; and
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(b) the special district board passes, no later than 20 days before the day of the
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scheduled election, a resolution that cancels the election and certifies that:
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(i) the ballot for the election would not include any contested races or ballot
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propositions; and
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(ii) the candidates who qualified for the ballot are considered elected.
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(6) A special district board may cancel a special district race if:
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(a) the race is uncontested; and
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(b) the special district board passes, no later than 20 days before the day of the
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scheduled election, a resolution that cancels the race and certifies that the candidate
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who qualified for the ballot for that race is considered elected.
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(7) A special district that cancels a local election in accordance with Subsection (5) shall
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provide notice that the election is cancelled:
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(a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter
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Information Website described in Section 20A-7-801, for 15 consecutive days before
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the day of the scheduled election; and
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(b) as a class A notice under Section 63G-30-102, for at least 15 days before the day of
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the scheduled election.
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(8) A municipal legislative body that posts a notice in accordance with Subsection (4)(a) or
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a special district that posts a notice in accordance with Subsection (7)(a) is not liable for
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a notice that fails to post due to technical or other error by the publisher of the Statewide
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Electronic Voter Information Website.
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Section 3. Section 20A-1-1001 is amended to read:
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20A-1-1001 . Definitions.
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As used in this part:
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(1)(a) "Clerk" means the lieutenant governor, a county clerk, municipal clerk, town
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clerk, city recorder, or municipal recorder.
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(b) "Clerk" includes a board of trustees under Title 17B, Chapter 1, Provisions
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Applicable to All Special Districts.
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(2) "Local petition" means:
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(a) a manual or electronic local initiative petition described in Chapter 7, Part 5, Local
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Initiatives - Procedures; or
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(b) a manual or electronic local referendum petition described in Chapter 7, Part 6, Local
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Referenda - Procedures.
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(3) "Petition" means one of the following written requests, signed by registered voters,
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appealing to an authority with respect to a particular cause:
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(a) a local petition;
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(b) a petition to consolidate two or more municipalities under Section 10-2-601;
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(c) a petition for disincorporation of a municipality under Section 10-2-701;
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(d) a petition to incorporate a proposed municipality under Section 10-2a-208;
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(e) a petition to consolidate adjoining counties under Section 17-2-103;
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(f) a petition to annex a portion of a county to an adjoining county under Section
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17-2-203;
425
(g) a petition for the creation of a new county under Section 17-3-1;
426
(h) a petition for the removal of a county seat under Section 17-11-2;
427
(i) a petition for the adoption of an optional plan under Section 17-52a-303;
428
(j) a petition for the repeal of an optional plan under Section 17-52a-505;
429
(k) a petition to create a special district under Section 17B-1-203;
430
(l) a petition to withdraw an area from a special district under Section 17B-1-504;
431
(m) a petition to dissolve a special district under Section 17B-1-1303;
432
(n) a petition for issuance of local building authority bonds under Section 17D-2-502;
433
(o) a recall petition, as defined in Section 20A-1-1101;
434
[(o)] (p) a petition to become a registered political party under Section 20A-8-103;
435
[(p)] (q) a nomination petition for municipal office under Section 20A-9-203;
436
[(q)] (r) a nomination petition for a regular primary election under Subsection
437
20A-9-403(3)(a) and Section 20A-9-405;
438
[(r)] (s) a petition for a political party to qualify as a municipal political party under
439
Section 20A-9-404;
- 13 - H.B. 291 01-21 09:48
440
[(s)] (t) a petition for the nomination of a qualified political party under Section
441
20A-9-408;
442
[(t)] (u) a nomination petition for a candidate not affiliated with a political party under
443
Section 20A-9-502;
444
[(u)] (v) a nomination petition to become a delegate to a ratification convention under
445
Section 20A-15-103;
446
[(v)] (w) a petition to create a new school district under Section 53G-3-301;
447
[(w)] (x) a petition to consolidate school districts under Section 53G-3-401;
448
[(x)] (y) a petition to transfer a portion of a school district to another district under
449
Section 53G-3-501;
450
[(y)] (z) a petition to determine whether a privatization project agreement should be
451
approved under Section 73-10d-4; or
452
[(z)] (aa) a statewide petition.
453
(4) "Statewide petition" means:
454
(a) a manual or electronic statewide initiative petition described in Chapter 7, Part 2,
455
Statewide Initiatives; or
456
(b) a manual or electronic statewide referendum petition described in Chapter 7, Part 3,
457
Statewide Referenda.
458
(5)(a) "Substantially similar name" means:
459
(i) the given name, the surname, or both, provided by the individual with the
460
individual's petition signature, contain only minor spelling differences when
461
compared to the given name and surname shown on the official register;
462
(ii) the surname provided by the individual with the individual's petition signature
463
exactly matches the surname shown on the official register, and the given names
464
differ only because one of the given names shown is a commonly used
465
abbreviation or variation of the other;
466
(iii) the surname provided by the individual with the individual's petition signature
467
exactly matches the surname shown on the official register, and the given names
468
differ only because one of the given names shown is accompanied by a first or
469
middle initial or a middle name which is not shown on the other record; or
470
(iv) the surname provided by the individual with the individual's petition signature
471
exactly matches the surname shown on the official register, and the given names
472
differ only because one of the given names shown is an alphabetically
473
corresponding initial that has been provided in the place of a given name shown
- 14 - 01-21 09:48 H.B. 291
474
on the other record.
475
(b) "Substantially similar name" does not include a name having an initial or a middle
476
name provided by the individual with the individual's petition signature that does not
477
match a different initial or middle name shown on the official register.
478
Section 4. Section 20A-1-1101 is enacted to read:
479
Part 11. Recall Election for Mayor
480
20A-1-1101 . Definitions.
481
As used in this part:
482
(1) "Petition sponsor" means an individual described in Subsection 20A-1-1102(2)(e) who
483
signs the recall application.
484
(2) "Recall application" means the application described in Section 20A-1-1102 to call an
485
election to consider recalling the mayor of a municipality.
486
(3) "Recall packet" means a packet created by binding the documents described in, and in
487
accordance with, Subsection 20A-1-1105(2)(b).
488
(4) "Recall petition" means the form described in Subsection 20A-1-1104(1) petitioning for
489
an election to recall the mayor of a municipality.
490
(5) "Signature sheet" means a sheet described in Subsection 20A-1-1104(2) used to gather
491
signatures in support of a recall petition.
492
Section 5. Section 20A-1-1102 is enacted to read:
493
20A-1-1102 . Application for election to consider recalling mayor of municipality.
494
(1) Registered voters who are residents of a municipality may, in accordance with this
495
section, seek the removal of a mayor from office via a recall election by filing a recall
496
application with the county clerk of a county within which all or a portion of the
497
municipality is located.
498
(2) A recall application shall include:
499
(a) the name of the mayor, the name of the municipality, and a statement that the signers
500
of the recall application seek a recall election to remove the mayor from office;
501
(b) a statement that the signers seek removal of the mayor for the commission of a high
502
crime, a misdemeanor, or malfeasance in office, in accordance with Utah
503
Constitution, Article VI, Section 19;
504
(c) a description of the mayor's alleged conduct that constitutes a high crime, a
505
misdemeanor, or malfeasance in office under Utah Constitution, Article VI, Section
506
19;
507
(d) an attestation, under penalty of perjury, that:
- 15 - H.B. 291 01-21 09:48
508
(i) the statements and descriptions in the application are, to the best of the signers'
509
knowledge, true and accurate; and
510
(ii) the signers are registered voters and residents of the municipality to which the
511
recall application relates; and
512
(e) the name, address, and notarized signature of three registered voters who are
513
residents of the municipality to which the recall application relates.
514
Section 6. Section 20A-1-1103 is enacted to read:
515
20A-1-1103 . Duties of county clerk upon receipt of recall application -- Rejection
516
of recall application -- Appeal.
517
(1) Except as provided in Subsection (2), a county clerk who receives a recall application
518
under Section 20A-1-1102 shall, within five business days after the day on which the
519
petition sponsors file the recall application, provide one of the petition sponsors with:
520
(a) a recall petition;
521
(b) a signature sheet;
522
(c) the verification form described in Subsection 20A-1-1104(3); and
523
(d) a range of numbers that the signers are required to use for the recall packets.
524
(2)(a) A county clerk shall reject a recall application if:
525
(i) the recall application fails to comply with Section 20A-1-1102;
526
(ii) the county attorney determines, as a matter of law, that the conduct alleged in
527
Section 20A-1-1102, if true, does not constitute grounds for removal from office
528
under Utah Constitution, Article VI, Section 19;
529
(iii) the county attorney determines there is probable cause to believe that a signer of
530
the recall application has committed perjury in the recall application; or
531
(iv) the fifth business day after the day on which the petition sponsors file the recall
532
application is less than 150 calendar days before the date of the last municipal
533
primary election before the term of office of the mayor who is the subject of the
534
recall application ends.
535
(b) A county clerk who rejects a recall application shall, within five business days after
536
the day on which the petition sponsors file the recall application, provide the petition
537
sponsors with a written rejection that:
538
(i) states the reasons for the rejection; and
539
(ii)(A) if the county clerk rejects the application under Subsection (2)(a)(i),
540
describes how the application fails to comply with Section 20A-1-1102;
541
(B) if the county clerk rejects the application under Subsection (2)(a)(ii), describes
- 16 - 01-21 09:48 H.B. 291
542
the legal authority and reasoning for the determination; or
543
(C) if the county clerk rejects the recall application under Subsection (2)(a)(iii),
544
describes the basis for the determination.
545
(c) If the county clerk rejects the recall application under Subsection (2)(a)(iii), the
546
county clerk shall refer the matter to law enforcement for investigation.
547
(3) A recall application is considered rejected if, within five business days after the day on
548
which the petition sponsors file the recall application, the county clerk fails to do one of
549
the following:
550
(a) comply with Subsection (1); or
551
(b) comply with Subsection (2)(b).
552
(4) If a county clerk rejects a recall application or fails to timely comply with Subsection
553
(3), a petition sponsor may appeal the rejection by filing an action in a court with
554
jurisdiction within 10 days after the earlier of:
555
(a) the day on which the clerk complies with Subsection (2)(b); or
556
(b) the day after the clerk fails to timely comply with Subsection (3).
557
Section 7. Section 20A-1-1104 is enacted to read:
558
20A-1-1104 . Recall petition -- Signature sheet -- Verification.
559
(1) A county clerk shall prepare a recall petition in substantially the following form:
560
"RECALL PETITION To the Honorable ____, County Clerk:
561
We, the undersigned citizens of Utah who are residents of (name of municipality),
562
respectfully order that a recall election be held to determine whether (name of mayor)
563
should be removed from office as the mayor of (name of municipality);
564
Each signer says:
565
I have personally signed the recall petition;
566
The date next to my signature correctly reflects the date that I actually signed the
567
recall petition;
568
I have personally reviewed the entire recall application included with this packet;
569
I am registered to vote in Utah; and
570
My residence and post office address are written correctly after my name."
571
(2) Each recall petition signature sheet shall:
572
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
573
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
574
that line blank for the purpose of binding;
575
(c) include the title of the referendum printed below the horizontal line, in at least
- 17 - H.B. 291 01-21 09:48
576
14-point type;
577
(d) include a table immediately below the title of the referendum, and beginning .5 inch
578
from the left side of the paper, as follows:
579
(i) the first column shall be .5 inch wide and include three rows;
580
(ii) the first row of the first column shall be .85 inch tall and contain the words "For
581
Office Use Only" in 10-point type;
582
(iii) the second row of the first column shall be .35 inch tall;
583
(iv) the third row of the first column shall be .5 inch tall;
584
(v) the second column shall be 2.75 inches wide;
585
(vi) the first row of the second column shall be .35 inch tall and contain the words
586
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
587
type;
588
(vii) the second row of the second column shall be .5 inch tall;
589
(viii) the third row of the second column shall be .35 inch tall and contain the words
590
"Street Address, City, Zip Code" in 10-point type;
591
(ix) the fourth row of the second column shall be .5 inch tall;
592
(x) the third column shall be 2.75 inches wide;
593
(xi) the first row of the third column shall be .35 inch tall and contain the words
594
"Signature of Registered Voter" in 10-point type;
595
(xii) the second row of the third column shall be .5 inch tall;
596
(xiii) the third row of the third column shall be .35 inch tall and contain the words
597
"Email Address (optional, to receive additional information)" in 10-point type;
598
(xiv) the fourth row of the third column shall be .5 inch tall;
599
(xv) the fourth column shall be one inch wide;
600
(xvi) the first row of the fourth column shall be .35 inch tall and contain the words
601
"Date Signed" in 10-point type;
602
(xvii) the second row of the fourth column shall be .5 inch tall;
603
(xviii) the third row of the fourth column shall be .35 inch tall and contain the words
604
"Birth Date or Age (optional)" in 10-point type;
605
(xix) the fourth row of the third column shall be .5 inch tall; and
606
(xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
607
and contain the following words, "By signing this recall petition, you are stating
608
that you have read the entire recall application attached to this signature packet."
609
in 12-point type;
- 18 - 01-21 09:48 H.B. 291
610
(e) the table described in Subsection (2)(d) shall be repeated, leaving sufficient room at
611
the bottom of the sheet for the information described in Subsection (2)(f); and
612
(f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
613
followed by the following statement in not less than eight-point type:
614
"It is a class A misdemeanor for an individual to sign a recall petition with a
615
name other than the individual's own name, or to knowingly sign the individual's
616
name more than once for the same recall petition, or to sign a recall petition when the
617
individual knows that the individual is not a registered voter.
618
Birth date or age information is not required, but may be used to verify your
619
identity with voter registration records. If you choose not to provide it, your signature
620
may not be verified as a valid signature if you change your address before petition
621
signatures are verified or if the information you provide does not match your voter
622
registration records."
623
(3) The final page of each signature packet shall contain the following printed or typed
624
statement:
625
"Verification of signature collector
626
State of Utah, County of ____
627
I, _______________, of ____, hereby state, under penalty of perjury, that:
628
I am at least 18 years old;
629
All the names that appear in this signature packet were signed by individuals who
630
professed to be the individuals whose names appear in it, and each of the individuals
631
signed the individual's name on it in my presence;
632
I did not knowingly make a misrepresentation of fact concerning this recall
633
petition or the recall application attached to this signature packet; and
634
I believe that each individual has printed and signed the individual's name and
635
written the individual's post office address and residence correctly, that each signer has
636
read the recall application attached to this signature packet, and that each signer is
637
registered to vote in Utah.
638
________________________________________________________________________
639
(Name) (Residence Address) (Date)
640
Each individual who signed the signature packet wrote the correct date of
641
signature next to the individual's name.
642
I have not paid or given anything of value to any individual who signed this
643
signature packet to encourage that individual to sign it.
- 19 - H.B. 291 01-21 09:48
644
_____________________________________________________________________
645
(Name) (Residence Address) (Date)".
646
(4) If the forms described in this section are substantially followed, the forms are sufficient,
647
notwithstanding clerical and merely technical errors.
648
Section 8. Section 20A-1-1105 is enacted to read:
649
20A-1-1105 . Recall packets.
650
(1) Before gathering signatures for the recall petition, the petition sponsors shall:
651
(a) arrange and pay for the printing of all documents that are part of the recall packets;
652
and
653
(b) ensure that the recall packets and the documents described in Subsection (1)(a) meet
654
the form requirements of this section.
655
(2) The petition sponsors:
656
(a) may prepare the recall packets for circulation by creating multiple recall packets;
657
(b) shall create recall packets by binding, in the following order, the following
658
documents at the top in a manner that the recall packets may be conveniently opened
659
for signing:
660
(i) a copy of the recall petition;
661
(ii) a copy of the recall application;
662
(iii) no more than 50 signature sheets; and
663
(iv) the verification form described in Subsection 20A-1-1104(3);
664
(c) shall number the recall packets sequentially, in accordance with the number range
665
described in Subsection 20A-1-1103(1)(d); and
666
(d) may not circulate or submit a recall packet that is not numbered in accordance with
667
Subsection (2)(c).
668
(3) A recall packet is not required to have a uniform number of signature sheets.
669
Section 9. Section 20A-1-1106 is enacted to read:
670
20A-1-1106 . Recall application and petition -- Required posting.
671
(1) On the day on which the county clerk complies with Subsection 20A-1-1103(1), the
672
county clerk shall post the following information together in a conspicuous place on the
673
county clerk's website:
674
(a) the recall petition;
675
(b) the recall application; and
676
(c) information describing how an individual may remove the individual's signature
677
from the recall petition.
- 20 - 01-21 09:48 H.B. 291
678
(2) The county clerk shall maintain the information described in Subsection (1) on the
679
county clerk's website until:
680
(a) the day on which the county clerk declares the recall petition insufficient under
681
Section 20A-1-1108; or
682
(b) if the county clerk declares the recall petition sufficient under Section 20A-1-1108,
683
the day after the day on which the recall election results are canvassed.
684
Section 10. Section 20A-1-1107 is enacted to read:
685
20A-1-1107 . Signatures required for recall petition -- Removal of signatures.
686
(1) Except as provided in Subsection (3), the county clerk shall hold a recall election on the
687
election date described in Subsection (2) for voters to decide whether to remove the
688
mayor from office if, no later than the first business day that is at least 60 calendar days
689
after the day on which the recall sponsors file the recall application, the recall sponsors,
690
or the agents of the recall sponsors, submit to the county clerk recall packets containing
691
valid signatures of registered voters who reside in the municipality equal to 50% of the
692
number of registered voters who voted in the race for mayor at which the mayor was last
693
elected.
694
(2) The county clerk shall hold a recall election required under Subsection (1) on the first of
695
the following election dates that is at least 65 days after the day on which the county
696
clerk or a court declares the recall petition sufficient under Section 20A-1-1108:
697
(a) the date of the regular primary election;
698
(b) the date of the regular general election;
699
(c) the date of the municipal primary election; or
700
(d) the date of the municipal general election.
701
(3) The county clerk may not hold a recall election if the day on which the county clerk or a
702
court declares the recall petition sufficient under Section 20A-1-1108 is less than 65
703
calendar days before the date of the last municipal primary election before the term of
704
office of the mayor who is the subject of the recall petition ends.
705
(4)(a) A voter who signs a recall petition under Section 20A-1-1107 may have the
706
voter's signature removed from the recall petition by, no later than three business
707
days after the deadline described in Subsection 20A-1-1107(1), submitting to the
708
county clerk a statement requesting that the voter's signature be removed.
709
(b) A statement described in Subsection (4)(a) shall comply with the requirements
710
described in Subsection 20A-1-1003(2).
711
(c) Using the procedures described in Subsection 20A-1-1003(3), the county clerk shall
- 21 - H.B. 291 01-21 09:48
712
determine whether to remove an individual's signature from a petition after receiving
713
a timely, valid statement requesting removal of the signature.
714
Section 11. Section 20A-1-1108 is enacted to read:
715
20A-1-1108 . Evaluation by county clerk.
716
(1) When the county clerk receives a recall packet from a recall sponsor or an agent of a
717
recall sponsor, the county clerk shall:
718
(a) record the number of the recall packet received;
719
(b) post the name, voter identification number, and date of signature of each individual
720
who signed the recall packet in a conspicuous location on the county clerk's website,
721
until the day after the deadline to remove signatures from the recall petition; and
722
(c) update on the county clerk's website the number of signatures received as of the date
723
of the update.
724
(2) The county clerk shall:
725
(a) each business day, update on the county clerk's website the number of signatures
726
certified as valid, minus the number of signatures removed from the recall petition;
727
and
728
(b) declare the recall petition to be sufficient or insufficient no later than 14 calendar
729
days after the day of the deadline described in Subsection 20A-1-1107(1).
730
(3)(a) If the total number of signatures certified under Subsection (2) equals or exceeds
731
the number of signatures required under Subsection 20A-1-1107(1), and the
732
requirements of this part are met, the lieutenant governor shall mark upon the front of
733
the recall petition the word "sufficient."
734
(b) If the total number of signatures certified under Subsection (2) does not equal or
735
exceed the number of signatures required under Subsection 20A-1-1107(1) or a
736
requirement of this part is not met, the lieutenant governor shall mark upon the front
737
of the recall petition the word "insufficient."
738
(c) The county clerk shall immediately notify any one of the recall petition sponsors of
739
the county clerk's finding.
740
(d) After a recall petition is declared insufficient, a person may not submit additional
741
signatures to qualify the recall election for the ballot.
742
(4)(a) If the county clerk refuses to declare a recall petition sufficient that a registered
743
voter of the municipality believes is legally sufficient, the registered voter may, no
744
later than 10 days after the day on which the county clerk declares the petition
745
insufficient, apply to a court with jurisdiction for an order finding the recall petition
- 22 - 01-21 09:48 H.B. 291
746
legally sufficient.
747
(b) If the court determines that the recall petition is legally sufficient, the county clerk
748
shall mark the recall petition "sufficient" and consider the declaration of sufficiency
749
effective on the day on which the court makes the determination.
750
(c) If the court determines that a recall petition is not legally sufficient, the court may
751
enjoin the county clerk and all other officers from certifying or printing the recall
752
election on the official ballot.
753
Section 12. Section 20A-1-1109 is enacted to read:
754
20A-1-1109 . Form of ballot -- Manner of voting.
755
(1) For a recall election held in accordance with this part, the county clerk and the election
756
officer for the municipality shall ensure that:
757
(a) the question appears on the ballot as follows:
758
"Shall (name of mayor) remain the mayor of (name of municipality) for the
759
remainder of the term to which the mayor was elected?"; and
760
(b) immediately adjacent to the question described in Subsection (1)(a), the words "Yes"
761
and "No," each word presented with an adjacent space in which a voter may indicate
762
the voter's vote.
763
(2)(a) A voter desiring to vote in favor of the mayor remaining in office for the
764
remainder of the mayor's term shall mark the space adjacent to the word "Yes."
765
(b) A voter desiring to vote against the mayor remaining in office for the remainder of
766
the mayor's term shall mark the space adjacent to the word "No."
767
(3)(a) If the majority of voters voting in the recall election vote "No":
768
(i) the mayor is removed from office, and office of mayor becomes vacant, upon the
769
completion of the canvass for the election; and
770
(ii) the vacancy will be filled in accordance with Section 20A-1-510, except that the
771
vacancy may not be filled by the individual whose removal from office resulted in
772
the vacancy.
773
(b) If a majority of the voters voting on the recall election vote "Yes," or the number of
774
voters who vote "Yes" is equal to the number of voters who vote "No," the mayor is
775
not removed from office.
776
Section 13. Section 20A-1-1110 is enacted to read:
777
20A-1-1110 . Misconduct of electors and others.
778
(1) It is unlawful for a person to:
779
(a) sign any name other than the person's own on a recall petition;
- 23 - H.B. 291 01-21 09:48
780
(b) knowingly sign the person's name more than once for the same recall petition at one
781
election;
782
(c) knowingly indicate that a person who signed a recall petition signed the recall
783
petition on a date other than the date that the person signed the recall petition; or
784
(d) sign a recall petition knowing the person is not a legal voter.
785
(2) It is unlawful for a person to sign the verification for a recall packet knowing that:
786
(a) the signature date associated with the person's signature for the recall petition is not
787
the date that the person signed the recall petition;
788
(b) the person has not witnessed the signatures of those persons whose signatures the
789
person collects or submits; or
790
(c) one or more individuals who sign the recall petition are not:
791
(i) registered to vote in Utah; or
792
(ii) eligible to vote in the recall election.
793
(3) It is unlawful for a person to:
794
(a) pay a person to sign a recall petition;
795
(b) pay a person to remove the person's signature from a recall petition;
796
(c) accept payment to sign a recall petition;
797
(d) accept payment to have the person's name removed from a recall petition; or
798
(e) on behalf of a voter described in Section 20A-7-106, place the initials "AV" or enter
799
any information on a signature sheet or statement described in Section 20A-7-106, if
800
the person:
801
(i) does not obtain the voluntary direction or consent of the voter;
802
(ii) believes or has reason to believe that the voter lacks the mental capacity to give
803
the voter's direction or consent;
804
(iii) believes or has reason to believe that the voter does not understand the purpose
805
or nature of the action taken by the person on behalf of the voter;
806
(iv) intentionally or knowingly deceives the voter into providing the direction or
807
consent of the voter; or
808
(v) intentionally or knowingly enters false information on the signature sheet or
809
statement.
810
(4) A violation of this section is guilty of a class A misdemeanor.
811
Section 14. Section 20A-6-305 is amended to read:
812
20A-6-305 . Master ballot position list -- Random selection -- Procedures --
813
Publication -- Surname -- Exemptions -- Ballot order.
- 24 - 01-21 09:48 H.B. 291
814
(1) As used in this section, "master ballot position list" means an official list of the 26
815
characters in the alphabet listed in random order and numbered from one to 26 as
816
provided under Subsection (2).
817
(2) The lieutenant governor shall:
818
(a) within 30 days after the candidate filing deadline in each even-numbered year,
819
conduct a random selection to create a master ballot position list for all elections in
820
accordance with procedures established under Subsection (2)(c);
821
(b) publish the master ballot position list on the lieutenant governor's election website no
822
later than 15 days after creating the list; and
823
(c) establish written procedures for:
824
(i) the election official to use the master ballot position list; and
825
(ii) the lieutenant governor in:
826
(A) conducting the random selection in a fair manner; and
827
(B) providing a record of the random selection process used.
828
(3) In accordance with the written procedures established under Subsection (2)(c)(i), an
829
election officer shall use the master ballot position list for the current year to determine
830
the order in which to list candidates on the ballot for an election held during the year.
831
(4) To determine the order in which to list candidates on the ballot required under
832
Subsection (3), the election officer shall apply the randomized alphabet using:
833
(a) the candidate's surname;
834
(b) for candidates with a surname that has the same spelling, the candidate's given name;
835
and
836
(c) the surname of the president and the surname of the governor for an election for the
837
offices of president and vice president and governor and lieutenant governor.
838
(5) Subsections (1) through (4) do not apply to:
839
(a) an election for an office for which only one candidate is listed on the ballot; or
840
(b) a judicial retention election under Section 20A-12-201.
841
(6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
842
appear separately, in the following order:
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(a) for federal office:
844
(i) president and vice president of the United States;
845
(ii) United States Senate office; and
846
(iii) United States House of Representatives office;
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(b) for state office:
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(i) governor and lieutenant governor;
849
(ii) attorney general;
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(iii) state auditor;
851
(iv) state treasurer;
852
(v) state Senate office;
853
(vi) state House of Representatives office; and
854
(vii) State Board of Education member;
855
(c) for county office:
856
(i) county executive office;
857
(ii) county legislative body member;
858
(iii) county assessor;
859
(iv) county or district attorney;
860
(v) county auditor;
861
(vi) county clerk;
862
(vii) county recorder;
863
(viii) county sheriff;
864
(ix) county surveyor;
865
(x) county treasurer; and
866
(xi) local school board member;
867
(d) a recall election for a mayor, as described in Chapter 1, Part 11, Recall Election for
868
Mayor;
869
[(d)] (e) for municipal office:
870
(i) mayor; and
871
(ii) city or town council member;
872
[(e)] (f) elected planning and service district council member;
873
[(f)] (g) judicial retention questions; and
874
[(g)] (h) ballot propositions not described in Subsection [(6)(f)] (6)(g).
875
(7)(a) A ticket for a race for a combined office shall appear on the ballot in the place of
876
the earliest ballot ticket position that is reserved for an office that is subsumed in the
877
combined office.
878
(b) Each ticket, other than a ticket described in Subsection [(6)(f)] (6)(g), shall list:
879
(i) each candidate in accordance with Subsections (1) through (4); and
880
(ii) except as otherwise provided in this title, the party name, initials, or title
881
following each candidate's name.
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882
Section 15. Effective Date.
883
This bill takes effect on May 7, 2025.
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