02-25 18:16 1st Sub. (Buff) H.B. 369
Ryan D. Wilcox proposes the following substitute bill:
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Elections Office
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses issues relating to Utah's election system.
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Highlighted Provisions:
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This bill:
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▸ provides for the appointment of a conflict of interest elections officer to act in the place of
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the lieutenant governor if a complaint or election controversy arises that has any
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connection to a race for office in which the governor or lieutenant governor is, or seeks
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to be, a candidate;
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▸ describes the terms of service and authority of the conflict of interest elections officer;
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and
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▸ creates the Elections Oversight Task Force and establishes the task force's:
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● membership;
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● duties; and
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● reporting requirements.
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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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ENACTS:
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20A-1-109, Utah Code Annotated 1953
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36-29-113, 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-1-109 is enacted to read:
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20A-1-109 . Conflict of interest election officer -- Appointment -- Term of service
1st Sub. H.B. 369 1st Sub. (Buff) H.B. 369 02-25 18:16
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-- Duties and authority.
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(1) No later than July 1 of the year immediately preceding an even-numbered year in which
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the governor or lieutenant governor will run for an office, the state board of canvassers
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shall, after consulting with county clerks in both urban and rural counties, appoint an
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individual to serve as a conflict of interest election officer.
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(2) The conflict of interest election officer:
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(a) shall be an individual who is familiar with state and federal election law and with
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Utah's election system;
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(b) may not, while serving as the conflict of interest election officer, be a current elected
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official or employee of the state or a political subdivision of the state; and
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(c) shall serve until the day after the day of the statewide canvass for the elections held
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in the even-numbered year following the conflict of interest election officer's
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appointment.
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(3) The conflict of interest election officer has the duty and authority to act in the place of
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the lieutenant governor if a complaint or election controversy arises that has any
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connection to a race for office in which the governor or lieutenant governor is, or seeks
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to be, a candidate.
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(4) If a dispute arises regarding whether a particular matter falls within the authority of the
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conflict of interest election officer under this section, the dispute shall be resolved by the
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state board of canvassers.
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(5) This section does not authorize the conflict of interest election officer to exercise any
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authority granted to the lieutenant governor under the Utah Constitution.
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Section 2. Section 36-29-113 is enacted to read:
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36-29-113 . Elections Oversight Task Force.
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(1) There is created the Elections Oversight Task Force consisting of the following
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members:
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(a) the president of the Senate or the president's designee;
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(b) the speaker of the House of Representatives or the speaker's designee;
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(c) the governor or the governor's designee;
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(d) the attorney general or the attorney general's designee;
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(e) the state auditor or the state auditor's designee; and
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(f) two county clerks appointed by the Utah Association of Counties.
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(2) The members described in Subsections (1)(a) and (b) shall serve as cochairs of the task
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force.
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(3)(a) A majority of the members of the task force constitutes a quorum.
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(b) The action of a majority of a quorum constitutes action of the task force.
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(4)(a) Salaries and expenses of the members of the task force who are legislators shall be
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paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter
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3, Legislator Compensation.
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(b) A member of the task force who is not a legislator:
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(i) may not receive compensation for the member's work associated with the task
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force; and
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(ii) may receive per diem and reimbursement for travel expenses incurred as a
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member of the task force at the rates established by the Division of Finance under
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Sections 63A-3-106 and 63A-3-107.
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(5) The Office of Legislative Research and General Counsel shall provide staff support to
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the task force.
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(6)(a) The task force shall review and make recommendations for improving the state's
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current system of election oversight and administration.
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(b) When conducting the review described in Subsection (6)(a) the task force shall
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analyze:
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(i) the current duties and authority vested in the state's chief election officer under
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Section 67-1a-2;
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(ii) the potential for conflicts of interest when overseeing a statewide election and
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ways in which to mitigate the conflicts;
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(iii) applicable federal and state election law and regulations;
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(iv) alternative ways of structuring the state's system of election oversight and
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administration; and
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(v) any other information related to election oversight and administration that the task
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force determines to be needed.
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(7) On or before September 1, 2026, the task force shall provide a report to the Government
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Operations Interim Committee that includes:
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(a) a description of the alternative election oversight structures reviewed and analyzed
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under Subsection (6);
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(b) a recommendation as to whether any changes to the state's current system of election
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oversight are warranted; and
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(c) if the task force recommends a change described in Subsection (7)(b):
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(i) the changes to state law necessary to implement the change; and
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(ii) a proposed timeline to effectuate the change.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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