02-06 15:57 1st Sub. (Green) S.B. 54
Stephanie Pitcher proposes the following substitute bill:
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Appearance of Candidate Name on Ballot
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses the manner in which a candidate's name may appear on a ballot.
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Highlighted Provisions:
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This bill:
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▸ establishes criteria for permitting a candidate to:
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● use the candidate's middle name instead of the candidate's first name on a ballot;
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● use the candidate's nickname on a ballot; or
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● use the candidate's initial on a ballot;
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▸ establishes a procedure for a candidate to request that the candidate's name appear on a
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ballot as described in the preceding paragraph; and
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▸ provides for an appeal of a rejection of a request described in the preceding paragraph.
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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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17B-1-306, as last amended by Laws of Utah 2024, Chapters 382, 465
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20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
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20A-6-301, as last amended by Laws of Utah 2021, Chapter 136
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20A-6-302, as last amended by Laws of Utah 2020, Chapter 31
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20A-6-401, as last amended by Laws of Utah 2024, Chapters 438, 465
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20A-6-401.1, as last amended by Laws of Utah 2020, Chapter 31
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20A-6-402, as last amended by Laws of Utah 2024, Chapter 438
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20A-9-201, as last amended by Laws of Utah 2024, Chapter 465
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20A-9-203, as last amended by Laws of Utah 2024, Chapter 465
1st Sub. S.B. 54 1st Sub. (Green) S.B. 54 02-06 15:57
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20A-9-403, as last amended by Laws of Utah 2024, Chapter 503
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20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
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20A-12-201, as last amended by Laws of Utah 2023, Chapter 394
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ENACTS:
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20A-6-109, Utah Code Annotated 1953
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RENUMBERS AND AMENDS:
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20A-6-110, (Renumbered from 20A-6-305, as last amended by Laws of Utah 2020,
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Chapter 49)
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17B-1-306 is amended to read:
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17B-1-306 . Special district board -- Election procedures -- Notice.
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(1) Except as provided in Subsection (12), each elected board member shall be selected as
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provided in this section.
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(2)(a) Each election of a special district board member shall be held:
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(i) at the same time as the municipal general election or the regular general election,
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as applicable; and
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(ii) at polling places designated by the special district board in consultation with the
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county clerk for each county in which the special district is located, which polling
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places shall coincide with municipal general election or regular general election
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polling places, as applicable, whenever feasible.
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(b) The special district board, in consultation with the county clerk, may consolidate two
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or more polling places to enable voters from more than one district to vote at one
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consolidated polling place.
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(c)(i) Subject to Subsections (5)(h) and (i), the number of polling places under
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Subsection (2)(a)(ii) in an election of board members of an irrigation district shall
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be one polling place per division of the district, designated by the district board.
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(ii) Each polling place designated by an irrigation district board under Subsection
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(2)(c)(i) shall coincide with a polling place designated by the county clerk under
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Subsection (2)(a)(ii).
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(3)(a) The clerk of each special district with a board member position to be filled at the
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next municipal general election or regular general election, as applicable, shall
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provide notice of:
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(i) each elective position of the special district to be filled at the next municipal
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general election or regular general election, as applicable;
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(ii) the constitutional and statutory qualifications for each position; and
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(iii) the dates and times for filing a declaration of candidacy.
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(b) If the election is to be held at the same time as the municipal general election, a
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declaration of candidacy shall be filed on the days specified in Subsection
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20A-9-203(3)(a)(i).
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(c) If the election is to be held at the same time as the regular general election, a
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declaration of candidacy shall be filed by the deadline stated in Subsection
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20A-9-201.5(2).
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(4) The clerk of the special district shall publish the notice described in Subsection (3)(a)
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for the special district, as a class A notice under Section 63G-30-102, for at least 10 days
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before the first day for filing a declaration of candidacy.
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(5)(a) Except as provided in Subsection (5)(c), to become a candidate for an elective
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special district board position, an individual shall file a declaration of candidacy in
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person with an official designated by the special district within the candidate filing
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period for the applicable election year in which the election for the special district
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board is held and:
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(i) during the special district's standard office hours, if the standard office hours
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provide at least three consecutive office hours each day during the candidate filing
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period that is not a holiday or weekend; or
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(ii) if the standard office hours of a special district do not provide at least three
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consecutive office hours each day, a three-hour consecutive time period each day
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designated by the special district during the candidate filing period that is not a
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holiday or weekend.
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(b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the filing
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time shall be extended until the close of normal office hours on the following regular
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business day.
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(c) Subject to Subsection (5)(f), an individual may designate an agent to file a
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declaration of candidacy with the official designated by the special district if:
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(i) the individual is located outside of the state during the entire filing period;
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(ii) the designated agent appears in person before the official designated by the
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special district; and
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(iii) the individual communicates with the official designated by the special district
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using an electronic device that allows the individual and official to see and hear
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each other.
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(d)(i) Before the filing officer may accept any declaration of candidacy from an
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individual, the filing officer shall:
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(A) read to the individual the constitutional and statutory qualification
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requirements for the office that the individual is seeking; and
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(B) require the individual to state whether the individual meets those requirements.
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(ii) If the individual does not meet the qualification requirements for the office, the
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filing officer may not accept the individual's declaration of candidacy.
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(iii) If it appears that the individual meets the requirements of candidacy, the filing
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officer shall accept the individual's declaration of candidacy.
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"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
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____________, City of ________________, County of ________________, state of Utah,
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(Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
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for the office of board of trustees member for _______________________ (state the name of
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the special district); that I am a candidate for that office to be voted upon at the next election;
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and that, if filing via a designated agent, I will be out of the state of Utah during the entire
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candidate filing period, and I hereby request that my name be printed upon the official ballot
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for that election.
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(Signed) _________________________________________
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Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
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of ____________, ____.
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(Signed) ________________________
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(Clerk or Notary Public)".
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(f) An agent designated under Subsection (5)(c) may not sign the form described in
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Subsection (5)(e).
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(g) Each individual wishing to become a valid write-in candidate for an elective special
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district board position is governed by Section 20A-9-601.
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(h) If at least one individual does not file a declaration of candidacy as required by this
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section, an individual shall be appointed to fill that board position in accordance with
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the appointment provisions of Section 20A-1-512.
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(i) If only one candidate files a declaration of candidacy and there is no write-in
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candidate who complies with Section 20A-9-601, the board, in accordance with
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Section 20A-1-206, may:
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(i) consider the candidate to be elected to the position; and
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(ii) cancel the election.
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(6)(a) A primary election may be held if:
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(i) the election is authorized by the special district board; and
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(ii) the number of candidates for a particular local board position or office exceeds
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twice the number of persons needed to fill that position or office.
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(b) The primary election shall be conducted:
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(i) on the same date as the municipal primary election or the regular primary election,
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as applicable; and
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(ii) according to the procedures for primary elections provided under Title 20A,
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Election Code.
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(7)(a) Except as provided in Subsection (7)(c), within one business day after the
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deadline for filing a declaration of candidacy, the special district clerk shall certify
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the candidate names to the clerk of each county in which the special district is located.
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(b)(i) Except as provided in Subsection (7)(c) and in accordance with [Section
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20A-6-305] Sections 20A-6-109 and 20A-6-110, the clerk of each county in which
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the special district is located and the special district clerk shall coordinate [the ]
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placement of the name of each candidate for special district office in the
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nonpartisan section of the ballot with the appropriate election officer.
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(ii) If consolidation of the special district election ballot with the municipal general
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election ballot or the regular general election ballot, as applicable, is not feasible,
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the special district board of trustees, in consultation with the county clerk, shall
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provide for a separate special district election ballot to be administered by poll
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workers at polling places designated under Subsection (2).
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(c)(i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
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of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
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[(ii)(A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district
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shall prescribe the form of the ballot for each board member election.]
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[(B) Each ballot for an election of an irrigation district board member shall be in a
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nonpartisan format.]
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[(C) The name of each candidate shall be placed on the ballot in the order
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specified under Section 20A-6-305.]
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(ii) The board of an irrigation district shall:
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(A) subject to Subsections (7)(c)(ii)(B) and (C), establish the form of the ballot for
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a board member election;
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(B) ensure that the ballot is in a nonpartisan format; and
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(C) ensure that the name of each candidate is placed on the ballot in accordance
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with Sections 20A-6-109 and 20A-6-110.
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(8)(a) Each voter at an election for a board of trustees member of a special district shall:
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(i) be a registered voter within the district, except for an election of:
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(A) an irrigation district board of trustees member; or
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(B) a basic special district board of trustees member who is elected by property
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owners; and
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(ii) meet the requirements to vote established by the district.
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(b) Each voter may vote for as many candidates as there are offices to be filled.
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(c) The candidates who receive the highest number of votes are elected.
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(9) Except as otherwise provided by this section, the election of special district board
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members is governed by Title 20A, Election Code.
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(10)(a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
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special district board shall serve a four-year term, beginning at noon on the January 1
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after the person's election.
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(b) A person elected shall be sworn in as soon as practical after January 1.
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(11)(a) Except as provided in Subsection (11)(b), each special district shall reimburse
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the county or municipality holding an election under this section for the costs of the
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election attributable to that special district.
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(b) Each irrigation district shall bear the district's own costs of each election the district
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holds under this section.
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(12) This section does not apply to an improvement district that provides electric or gas
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service.
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(13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,
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Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
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(14)(a) As used in this Subsection (14), "board" means:
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(i) a special district board; or
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(ii) the administrative control board of a special service district that has elected
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members on the board.
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(b) If a board desires to hold elections for membership on the board at a regular general
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election instead of a municipal general election , or at a municipal general election
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instead of a regular general election, the board may submit an application to the
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lieutenant governor that:
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(i) requests permission to change the election year for membership on the board in a
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manner described in this Subsection (14)(b);
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(ii) indicates that a change in the election year is beneficial, based on potential cost
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savings, a potential increase in voter turnout, or another material reason; and
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(iii) if a change in the election year may result in shortening a board member's term
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of office, indicates that the members of the board unanimously support the
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lieutenant governor taking that action.
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(c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
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governor may approve the if:
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(i) the lieutenant governor concludes that changing the election year is beneficial
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based on the criteria described in Subsection (14)(b)(ii); and
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(ii) for an application that may result in shortening a board member's term of office,
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the application satisfies the unanimity requirement described in Subsection
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(14)(b)(iii).
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(d) If the lieutenant governor approves a board's application described in this section:
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(i) all future elections for membership on the board shall be held at the time of the
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general election specified in the application; and
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(ii) the board may not hold elections at the time of an election other than the general
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election specified in the application, unless the board receives permission from the
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lieutenant governor to change the election under the same procedure, and by
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applying the same criteria, described in this Subsection (14).
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(15)(a) This Subsection (15) applies to a special district if:
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(i) the special district's board members are elected by the owners of real property, as
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provided in Subsection 17B-1-1402(1)(b); and
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(ii) the special district was created before January 1, 2020.
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(b) The board of a special district described in Subsection (15)(a) may conduct an
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election:
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(i) to fill a board member position that expires at the end of the term for that board
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member's position; and
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(ii) notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired
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term of a board member.
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(c) An election under Subsection (15)(b) may be conducted as determined by the special
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district board, subject to Subsection (15)(d).
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(d)(i) The special district board shall provide to property owners eligible to vote at
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the special district election:
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(A) notice of the election; and
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(B) a form to nominate an eligible individual to be elected as a board member.
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(ii)(A) The special district board may establish a deadline for a property owner to
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submit a nomination form.
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(B) A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days
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after the board provides the notice and nomination form under Subsection
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(15)(d)(i).
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(iii)(A) After the deadline for submitting nomination forms, the special district
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board shall provide a ballot to all property owners eligible to vote at the special
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district election.
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(B) A special district board shall allow at least five days for ballots to be returned.
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(iv) A special district board shall certify the results of an election under this
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Subsection (15) during an open meeting of the board.
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Section 2. Section 20A-6-109 is enacted to read:
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20A-6-109 . Appearance of candidate's name on ballot -- Name variations --
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Appeal.
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(1) Except as otherwise provided in this section, an election officer shall ensure that a
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candidate's name appears on the ballot with the candidate's legal first name, followed by
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the candidate's legal surname.
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(2) An election officer shall place on the ballot a candidate's legal middle name, or a
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common derivative of the candidate's legal middle name, in place of the candidate's legal
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first name, if:
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(a) the candidate normally uses the candidate's legal middle name, or the common
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derivative, instead of the candidate's legal first name; and
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(b) no later than 5 p.m. on the day on which the applicable declaration of candidacy
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period ends, the candidate files with the election officer:
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(i) a request that the election officer place on the ballot the candidate's legal middle
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name, or a common derivative of the candidate's legal middle name, instead of the
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candidate's legal first name, specifying the candidate's legal middle name, or the
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common derivative of the candidate's legal middle name;
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(ii) an affidavit signed by the candidate in which the candidate states, under penalty
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of perjury, that the candidate is generally known by acquaintances in the
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candidate's county of residence by the legal middle name, or the common
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derivative of the legal middle name, specified in the request described in
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Subsection (2)(b)(i), and stated in the affidavit, instead of the candidate's legal
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first name; and
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(iii) an affidavit signed by five residents of the candidate's county of residence who
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are not immediate family members of the candidate stating, under penalty of
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perjury, that the candidate is generally known by acquaintances in the candidate's
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county of residence by the legal middle name, or the common derivative of the
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legal middle name, specified in the request described in Subsection (2)(b)(i), and
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stated in the affidavit, instead of the candidate's legal first name.
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(3) Subject to Subsection (4), an election officer shall place a candidate's nickname on a
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ballot, if:
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(a) the election officer determines that the nickname:
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(i) does not imply that the candidate is an individual other than the candidate,
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regardless of whether the individual is living or deceased;
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(ii) does not constitute a slogan;
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(iii) does not associate the candidate with an economic, religious, political, or other
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group, issue, or opinion;
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(iv) is not offensive, profane, or spurious; and
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(v) is not a title, rank, degree, certification, job description, or similar designation; and
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(b) no later than 5 p.m. on the day on which the applicable declaration of candidacy
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period ends, the candidate files with the election officer:
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(i) a request that the election officer place the candidate's nickname on the ballot,
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specifying the desired nickname and, in accordance with Subsection (4), the
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desired placement of the nickname;
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(ii) an affidavit signed by the candidate in which the candidate states, under penalty
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of perjury, that the candidate:
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(A) is generally known by acquaintances in the candidate's county of residence by
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the nickname specified in the request described in Subsection (3)(b)(i) and
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stated in the affidavit; and
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(B) is not using the nickname to gain an advantage on the ballot; and
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(iii) an affidavit signed by five residents of the candidate's county of residence who
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are not immediate family members of the candidate stating, under penalty of
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perjury, that the candidate is generally known by acquaintances in the candidate's
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county of residence by the nickname specified in the request described in
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Subsection (3)(b)(i) and stated in the affidavit.
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(4) If, under Subsection (3), an election officer places a candidate's nickname on the ballot,
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the candidate may choose one of the following:
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(a) to place the nickname on the ballot before or after the candidate's legal first name;
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(b) to place the nickname on the ballot before or after the candidate's legal middle name,
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if the candidate's legal middle name appears on the ballot under Subsection (2) or (7);
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or
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(c) to place the nickname on the ballot in place of the candidate's legal first name.
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(5) An election officer may, without requiring compliance with Subsection (3), approve a
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written request filed with the election officer no later than 5 p.m. on the day on which
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the applicable declaration of candidacy period ends, to:
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(a) place on the ballot a nickname instead of a legal first name, if the nickname is a
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common derivative of the legal first name;
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(b) place on the ballot the first initial of a legal middle name between a legal first name,
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or a common derivative of the legal first name, and a legal last name; or
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(c) place on the ballot the first initial of a legal first name before a legal middle name, or
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a common derivative of the legal middle name, if the candidate's legal middle name,
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or a common derivative of the legal middle name, appears on the ballot under
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Subsection (2) or (7).
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(6)(a) An election officer shall approve or reject a request filed under Subsection (2)(b),
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(3)(b), or (5) within five business days after the day on which the election officer
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receives the request.
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(b) Failure by an election officer to timely comply with Subsection (6)(a) is considered a
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rejection of the request.
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(c) If an election officer rejects a request described in Subsection (6)(a) or fails to timely
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comply with Subsection (6)(a), the candidate may, within five days after the day of
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the rejection or, if the election officer fails to timely comply with Subsection (6)(a),
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within five days after the day of the deadline described in Subsection (6)(a), appeal
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the rejection to a court with jurisdiction.
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(7) If two or more candidates for the same office have the same or similar names, the
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election officer may do one of the following, to the extent the election officer determines
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necessary, to differentiate between the candidates:
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(a) for one or more of the candidates, include the candidate's legal middle name, in
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addition to the candidate's legal first name and legal last name; or
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(b) negotiate another manner of differentiation with the candidates who have the same or
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similar names.
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(8) Regardless of whether an election officer approves placement of a candidate's name on
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the ballot in a manner other than the candidate's legal first name followed by the
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candidate's legal last name, the candidate's legal name will be used to determine the
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order of placement on the ballot under Section 20A-6-110.
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Section 3. Section 20A-6-110, which is renumbered from Section 20A-6-305 is renumbered
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and amended to read:
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[20A-6-305] 20A-6-110 . Master ballot position list -- Random selection --
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Procedures -- Publication -- Surname -- Exemptions -- Ballot order.
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(1) As used in this section, "master ballot position list" means an official list of the 26
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characters in the alphabet listed in random order and numbered from one to 26 as
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provided under Subsection (2).
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(2) The lieutenant governor shall:
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(a) within 30 days after the candidate filing deadline in each even-numbered year,
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conduct a random selection to create a master ballot position list for all elections in
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accordance with procedures established under Subsection (2)(c);
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(b) publish the master ballot position list on the lieutenant governor's election website no
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later than 15 days after creating the list; and
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(c) establish written procedures for:
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(i) the election official to use the master ballot position list; and
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(ii) the lieutenant governor in:
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(A) conducting the random selection in a fair manner; and
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(B) providing a record of the random selection process used.
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(3) In accordance with the written procedures established under Subsection (2)(c)(i), an
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election officer shall use the master ballot position list for the current year to determine
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the order in which to list candidates on the ballot for an election held during the year.
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(4) To determine the order in which to list candidates on the ballot required under
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Subsection (3), the election officer shall apply the randomized alphabet using:
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(a) the candidate's surname;
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(b) for candidates with a surname that has the same spelling[, the candidate's given
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name; and] :
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(i) the candidate's legal first name; or
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(ii) if the candidates also have a legal first name that has the same spelling, the
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candidate's legal middle name; and
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(c) the surname of the president and the surname of the governor for an election for the
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offices of president and vice president and governor and lieutenant governor.
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(5) Subsections (1) through (4) do not apply to:
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(a) an election for an office for which only one candidate is listed on the ballot; or
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(b) a judicial retention election under Section 20A-12-201.
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(6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
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appear separately, in the following order:
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(a) for federal office:
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(i) president and vice president of the United States;
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(ii) United States Senate office; and
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(iii) United States House of Representatives office;
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(b) for state office:
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(i) governor and lieutenant governor;
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(ii) attorney general;
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(iii) state auditor;
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(iv) state treasurer;
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(v) state Senate office;
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(vi) state House of Representatives office; and
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(vii) State Board of Education member;
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(c) for county office:
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(i) county executive office;
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(ii) county legislative body member;
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(iii) county assessor;
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(iv) county or district attorney;
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(v) county auditor;
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(vi) county clerk;
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(vii) county recorder;
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(viii) county sheriff;
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(ix) county surveyor;
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(x) county treasurer; and
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(xi) local school board member;
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(d) for municipal office:
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(i) mayor; and
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(ii) city or town council member;
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(e) elected planning and service district council member;
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(f) judicial retention questions; and
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(g) ballot propositions not described in Subsection (6)(f).
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(7)(a) A ticket for a race for a combined office shall appear on the ballot in the place of
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the earliest ballot ticket position that is reserved for an office that is subsumed in the
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combined office.
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(b) Each ticket, other than a ticket described in Subsection (6)(f), shall list:
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(i) each candidate in accordance with Subsections (1) through (4); and
414
(ii) except as otherwise provided in this title, the party name, initials, or title
415
following each candidate's name.
416
Section 4. Section 20A-6-203 is amended to read:
417
20A-6-203 . Ballots for regular primary elections.
418
(1) The lieutenant governor, together with county clerks, suppliers of election materials,
419
and representatives of registered political parties, shall:
420
(a) develop ballots to be used in Utah's regular primary election;
421
(b) ensure that the ballots comply[ generally], where applicable, with the requirements
422
of Title 20A, Chapter 6, Part 1, General Requirements for All Ballots, Section
423
20A-6-109, Section 20A-6-110, and this section; and
424
(c) provide voting booths, election records and supplies, ballot boxes, and as applicable,
425
voting devices, for each voting precinct as required by Section 20A-5-403.
426
(2)(a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
427
Chapter 6, Part 1, General Requirements for All Ballots, and Sections 20A-5-403,
428
20A-6-401, and 20A-6-401.1, the lieutenant governor, together with county clerks,
429
suppliers of election materials, and representatives of registered political parties shall
430
ensure that the ballots, voting booths, election records and supplies, and ballot boxes:
431
(i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
432
voters are authorized to vote for a party's candidate;
433
(ii) simplify the task of poll workers, particularly in determining a voter's party
434
affiliation;
435
(iii) minimize the possibility of spoiled ballots due to voter confusion; and
436
(iv) protect against fraud.
437
(b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
- 13 - 1st Sub. (Green) S.B. 54 02-06 15:57
438
county clerks, suppliers of election materials, and representatives of registered
439
political parties shall:
440
(i) mark ballots as being for a particular registered political party; and
441
(ii) instruct individuals counting the ballots to count only those votes for candidates
442
from the registered political party whose ballot the voter received.
443
Section 5. Section 20A-6-301 is amended to read:
444
20A-6-301 . Manual ballots -- Regular general election.
445
(1) Each election officer shall ensure that:
446
(a) all manual ballots furnished for use at the regular general election contain:
447
(i) no captions or other endorsements except as provided in this section;
448
(ii) no symbols, markings, or other descriptions of a political party or group, except
449
for a registered political party that has chosen to nominate its candidates in
450
accordance with Section 20A-9-403; and
451
(iii) no indication that a candidate for elective office has been nominated by, or has
452
been endorsed by, or is in any way affiliated with a political party or group, unless
453
the candidate has been nominated by a registered political party in accordance
454
with Subsection 20A-9-202(4) or Subsection 20A-9-403(5);
455
(b) at the top of the ballot, the following endorsements are printed in 18 point bold type:
456
(i) "Official Ballot for ____ County, Utah";
457
(ii) the date of the election; and
458
(iii) the words "certified by the Clerk of __________ County" or, as applicable, the
459
name of a combined office that includes the duties of a county clerk;
460
(c) unaffiliated candidates, candidates not affiliated with a registered political party, and
461
all other candidates for elective office who were not nominated by a registered
462
political party in accordance with Subsection 20A-9-202(4) or Subsection
463
20A-9-403(5), are listed with the other candidates for the same office in accordance
464
with [Section 20A-6-305] Sections 20A-6-109 and 20A-6-110, without a party name
465
or title;
466
(d) each ticket containing the lists of candidates, including the party name and device,
467
are separated by heavy parallel lines;
468
(e) the offices to be filled are plainly printed immediately above the names of the
469
candidates for those offices;
470
(f) the names of candidates are printed in capital letters, not less than one-eighth nor
471
more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
- 14 - 02-06 15:57 1st Sub. (Green) S.B. 54
472
between lines or rules three-eighths of an inch apart; and
473
(g) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
474
which a write-in candidate is qualified under Section 20A-9-601:
475
(i) the ballot includes a space for a write-in candidate immediately following the last
476
candidate listed on that ticket; or
477
(ii) for the offices of president and vice president and governor and lieutenant
478
governor, the ballot includes two spaces for write-in candidates immediately
479
following the last candidates on that ticket, one placed above the other, to enable
480
the entry of two valid write-in candidates.
481
(2) An election officer shall ensure that:
482
(a) each individual nominated by any registered political party under Subsection
483
20A-9-202(4) or Subsection 20A-9-403(5), and no other individual, is placed on the
484
ballot:
485
(i) under the registered political party's name, if any; or
486
(ii) under the title of the registered political party as designated by them in their
487
certificates of nomination or petition, or, if none is designated, then under some
488
suitable title;
489
(b) the names of all unaffiliated candidates that qualify as required in Chapter 9, Part 5,
490
Candidates not Affiliated with a Party, are placed on the ballot;
491
(c) the names of the candidates for president and vice president are used on the ballot
492
instead of the names of the presidential electors; and
493
(d) the ballots contain no other names.
494
(3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
495
(a) the designation of the office to be filled in the election and the number of candidates
496
to be elected are printed in type not smaller than eight point;
497
(b) the words designating the office are printed flush with the left-hand margin;
498
(c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
499
which the voter may vote)" extend to the extreme right of the column;
500
(d) the nonpartisan candidates are grouped according to the office for which they are
501
candidates;
502
(e) the names in each group are placed in [the order specified under Section 20A-6-305]
503
accordance with Sections 20A-6-109 and 20A-6-110, with the surnames last; and
504
(f) each group is preceded by the designation of the office for which the candidates seek
505
election, and the words, "Vote for one" or "Vote for up to _____ (the number of
- 15 - 1st Sub. (Green) S.B. 54 02-06 15:57
506
candidates for which the voter may vote)," according to the number to be elected.
507
(4) Each election officer shall ensure that:
508
(a) proposed amendments to the Utah Constitution are listed on the ballot in accordance
509
with Section 20A-6-107;
510
(b) ballot propositions submitted to the voters are listed on the ballot in accordance with
511
Section 20A-6-107;
512
(c) bond propositions that have qualified for the ballot are listed on the ballot under the
513
title assigned to each bond proposition under Section 11-14-206; and
514
(d) the judicial retention section of the ballot includes a statement at the beginning
515
directing voters to the Judicial Performance Evaluation Commission's website in
516
accordance with Subsection 20A-12-201(4).
517
Section 6. Section 20A-6-302 is amended to read:
518
20A-6-302 . Manual ballots -- Placement of candidates' names.
519
(1) An election officer shall ensure, for manual ballots in regular general elections, that:
520
(a) each candidate is listed by party, if nominated by a registered political party under
521
Subsection 20A-9-202(4) or Subsection 20A-9-403(5);
522
(b) candidates' surnames are listed in alphabetical order on the ballots when two or more
523
candidates' names are required to be listed on a ticket under the title of an office; and
524
(c) the names of candidates are placed on the ballot in:
525
(i) the manner described in Section 20A-6-109; and
526
(ii) the order [specified under Section 20A-6-305] described in Section 20A-6-110.
527
(2)(a) When there is only one candidate for county attorney at the regular general
528
election in counties that have three or fewer registered voters of the county who are
529
licensed active members in good standing of the Utah State Bar, the county clerk
530
shall cause that candidate's name and party affiliation, if any, to be placed on a
531
separate section of the ballot with the following question: "Shall (name of candidate)
532
be elected to the office of county attorney? Yes ____ No ____."
533
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
534
elected to the office of county attorney.
535
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
536
elected and may not take office, nor may the candidate continue in the office past the
537
end of the term resulting from any prior election or appointment.
538
(d) When the name of only one candidate for county attorney is printed on the ballot
539
under authority of this Subsection (2), the county clerk may not count any write-in
- 16 - 02-06 15:57 1st Sub. (Green) S.B. 54
540
votes received for the office of county attorney.
541
(e) If no qualified individual files for the office of county attorney or if the candidate is
542
not elected by the voters, the county legislative body shall appoint the county
543
attorney as provided in Section 20A-1-509.2.
544
(f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
545
the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a)
546
to the two consecutive terms immediately preceding the term for which the candidate
547
is seeking election, Subsection (2)(a) does not apply and that candidate shall be
548
considered to be an unopposed candidate the same as any other unopposed candidate
549
for another office, unless a petition is filed with the county clerk before 5 p.m. no
550
later than one day before that year's primary election that:
551
(i) requests the procedure set forth in Subsection (2)(a) to be followed; and
552
(ii) contains the signatures of registered voters in the county representing in number
553
at least 25% of all votes cast in the county for all candidates for governor at the
554
last election at which a governor was elected.
555
(3)(a) When there is only one candidate for district attorney at the regular general
556
election in a prosecution district that has three or fewer registered voters of the
557
district who are licensed active members in good standing of the Utah State Bar, the
558
county clerk shall cause that candidate's name and party affiliation, if any, to be
559
placed on a separate section of the ballot with the following question: "Shall (name of
560
candidate) be elected to the office of district attorney? Yes ____ No ____."
561
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
562
elected to the office of district attorney.
563
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
564
elected and may not take office, nor may the candidate continue in the office past the
565
end of the term resulting from any prior election or appointment.
566
(d) When the name of only one candidate for district attorney is printed on the ballot
567
under authority of this Subsection (3), the county clerk may not count any write-in
568
votes received for the office of district attorney.
569
(e) If no qualified individual files for the office of district attorney, or if the only
570
candidate is not elected by the voters under this subsection, the county legislative
571
body shall appoint a new district attorney for a four-year term as provided in Section
572
20A-1-509.2.
573
(f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
- 17 - 1st Sub. (Green) S.B. 54 02-06 15:57
574
the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a)
575
to the two consecutive terms immediately preceding the term for which the candidate
576
is seeking election, Subsection (3)(a) does not apply and that candidate shall be
577
considered to be an unopposed candidate the same as any other unopposed candidate
578
for another office, unless a petition is filed with the county clerk before 5 p.m. no
579
later than one day before that year's primary election that:
580
(i) requests the procedure set forth in Subsection (3)(a) to be followed; and
581
(ii) contains the signatures of registered voters in the county representing in number
582
at least 25% of all votes cast in the county for all candidates for governor at the
583
last election at which a governor was elected.
584
Section 7. Section 20A-6-401 is amended to read:
585
20A-6-401 . Ballots for municipal primary elections.
586
(1) Each election officer shall ensure that:
587
(a) the following endorsements are printed in 18 point bold type:
588
(i) "Official Primary Ballot for ____ (City or Town), Utah";
589
(ii) the date of the election; and
590
(iii) a facsimile of the signature of the election officer and the election officer's title in
591
eight point type;
592
(b) immediately below the election officer's title, two one-point parallel horizontal rules
593
separate endorsements from the rest of the ballot;
594
(c) immediately below the horizontal rules, an "Instructions to Voters" section is printed
595
in 10 point bold type that states: "To vote for a candidate, mark the space adjacent to
596
the name(s) of the person(s) you favor as the candidate(s) for each respective office."
597
followed by two one-point parallel rules;
598
(d) after the rules, the designation of the office for which the candidates seek nomination
599
is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
600
candidates for which the voter may vote)" are printed in 10-point bold type, followed
601
by a hair-line rule;
602
(e) after the hair-line rule, the names of the candidates are printed in heavy face type
603
between lines or rules three-eighths inch apart, in [the order specified under Section
604
20A-6-305] accordance with Sections 20A-6-109 and 20A-6-110, with surnames last
605
and grouped according to the office that [they] the candidates seek;
606
(f) a square with sides not less than one-fourth inch long is printed immediately adjacent
607
to the names of the candidates; and
- 18 - 02-06 15:57 1st Sub. (Green) S.B. 54
608
(g) the candidate groups are separated from each other by one light and one heavy line
609
or rule.
610
(2) A municipal primary ballot may not contain any space for write-in votes.
611
Section 8. Section 20A-6-401.1 is amended to read:
612
20A-6-401.1 . Ballots for partisan municipal primary elections.
613
(1) An election officer shall ensure that:
614
(a) all manual ballots furnished for use at the regular primary election:
615
(i) separate the candidates of one political party from those of the other political
616
parties; and
617
(ii) contain no captions or other endorsements except as provided in this section;
618
(b) the names of all candidates from each party are listed on the same ballot in one or
619
more columns under their party name and emblem;
620
(c) the political parties are printed on the ballot in the order specified under Section [
621
20A-6-305] 20A-6-110;
622
(d) the following endorsements are printed in 18-point bold type:
623
(i) "Official Primary Ballot for ____ (name of municipality), Utah";
624
(ii) the date of the election; and
625
(iii) a facsimile of the signature of the election officer and the election officer's title in
626
eight point type;
627
(e) after the facsimile signature, the political party emblem and the name of the political
628
party are printed;
629
(f) after the party name and emblem, the ballot contains the following printed in not
630
smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote
631
for a candidate, mark the space following the name of the person for whom you wish
632
to vote and in no other place. Do not vote for any candidate listed under more than
633
one party or group designation.", followed by two one-point parallel horizontal rules;
634
(g) after the rules, the designation of the office for which the candidates seek nomination
635
is printed flush with the left-hand margin and the words, "Vote for one" or "Vote for
636
up to _____ (the number of candidates for which the voter may vote)" are printed to
637
extend to the extreme right of the column in 10-point bold type, followed by a
638
hair-line rule;
639
(h) after the hair-line rule, the names of the candidates are printed in heavy face type
640
between lines or rules three-eighths inch apart, in [the order specified under Section
641
20A-6-305] accordance with Sections 20A-6-109 and 20A-6-110, with surnames last
- 19 - 1st Sub. (Green) S.B. 54 02-06 15:57
642
and grouped according to the office that they seek;
643
(i) a square with sides not less than one-fourth inch long is printed immediately adjacent
644
to the names of the candidates;
645
(j) the candidate groups are separated from each other by one light and one heavy line or
646
rule; and
647
(k) the nonpartisan candidates are listed as follows:
648
(i) immediately below the listing of the party candidates, the word
649
"NONPARTISAN" is printed in reverse type in an 18 point solid rule that extends
650
the full width of the type copy of the party listing above; and
651
(ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
652
candidate's name, the voting square, and any other necessary information is
653
printed in the same style and manner as for party candidates.
654
(2) For mechanical ballots, the election officer may require that:
655
(a) the ballot for a regular primary election consist of several groups of pages or display
656
screens, so that a separate group can be used to list the names of candidates seeking
657
nomination of each qualified political party, with additional groups used to list
658
candidates for other nonpartisan offices;
659
(b) the separate groups of pages or display screens are identified by color or other
660
suitable means; and
661
(c) the ballot contains instructions that direct the voter how to vote the ballot.
662
Section 9. Section 20A-6-402 is amended to read:
663
20A-6-402 . Ballots for municipal general elections.
664
(1) Except as otherwise required for a race conducted by instant runoff voting under Title
665
20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, for a manual
666
ballot at a municipal general election, an election officer shall ensure that:
667
(a) the names of the two candidates who received the highest number of votes for mayor
668
in the municipal primary are placed upon the ballot;
669
(b) if no municipal primary election was held, the names of the candidates who filed
670
declarations of candidacy for municipal offices are placed upon the ballot;
671
(c) for other offices:
672
(i) twice the number of candidates as there are positions to be filled are certified as
673
eligible for election in the municipal general election from those candidates who
674
received the greater number of votes in the primary election; and
675
(ii) the names of those candidates are placed upon the municipal general election
- 20 - 02-06 15:57 1st Sub. (Green) S.B. 54
676
ballot;
677
(d) the names of the candidates are placed on the ballot in [the order specified under
678
Section 20A-6-305] accordance with Sections 20A-6-109 and 20A-6-110;
679
(e) in an election in which a voter is authorized to cast a write-in vote and where a
680
write-in candidate is qualified under Section 20A-9-601, a write-in area is placed
681
upon the ballot that contains, for each office in which there is a qualified write-in
682
candidate:
683
(i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
684
(ii) a square or other conforming area that is adjacent to or opposite the blank
685
horizontal line to enable the voter to indicate the voter's vote;
686
(f) ballot propositions that have qualified for the ballot, including propositions submitted
687
to the voters by the municipality, municipal initiatives, and municipal referenda, are
688
listed on the ballot in accordance with Section 20A-6-107; and
689
(g) bond propositions that have qualified for the ballot are listed on the ballot under the
690
title assigned to each bond proposition under Section 11-14-206.
691
(2) Except as otherwise required for a race conducted by instant runoff voting under Title
692
20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
693
mechanical ballot at municipal general elections, each election officer shall ensure that:
694
(a) the following endorsements are displayed on the first portion of the ballot:
695
(i) "Official Ballot for ____ (City or Town), Utah";
696
(ii) the date of the election; and
697
(iii) a facsimile of the signature of the election officer and the election officer's title;
698
(b) immediately below the election officer's title, a distinct border or line separates the
699
endorsements from the rest of the ballot;
700
(c) immediately below the border or line, an "Instructions to Voters" section is displayed
701
that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
702
the candidate(s) for each respective office." followed by another border or line;
703
(d) after the border or line, the designation of the office for which the candidates seek
704
election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the
705
number of candidates for which the voter may vote)" are displayed, followed by a
706
line or border;
707
(e) after the line or border, the names of the candidates are displayed in [the order
708
specified under Section 20A-6-305] accordance with Sections 20A-6-109 and
709
20A-6-110, with surnames last and grouped according to the office that [they] the
- 21 - 1st Sub. (Green) S.B. 54 02-06 15:57
710
candidates seek;
711
(f) a voting square or position is located adjacent to the name of each candidate;
712
(g) following the name of the last candidate for each office in which a write-in candidate
713
is qualified under Section 20A-9-601, the ballot contains a write-in space where the
714
voter may enter the name of and vote for a valid write-in candidate for the office; and
715
(h) the candidate groups are separated from each other by a line or border.
716
(3) When a municipality has chosen to nominate candidates by convention or committee,
717
the election officer shall ensure that the party name is included with the candidate's
718
name on the ballot.
719
Section 10. Section 20A-9-201 is amended to read:
720
20A-9-201 . Declarations of candidacy -- Candidacy for more than one office or
721
of more than one political party prohibited with exceptions -- General filing and form
722
requirements -- Affidavit of impecuniosity.
723
(1) Before filing a declaration of candidacy for election to any office, an individual shall:
724
(a) be a United States citizen;
725
(b) meet the legal requirements of that office; and
726
(c) if seeking a registered political party's nomination as a candidate for elective office,
727
state:
728
(i) the registered political party of which the individual is a member; or
729
(ii) that the individual is not a member of a registered political party.
730
(2)(a) Except as provided in Subsection (2)(b), an individual may not:
731
(i) file a declaration of candidacy for, or be a candidate for, more than one office in
732
Utah during any election year;
733
(ii) appear on the ballot as the candidate of more than one political party; or
734
(iii) file a declaration of candidacy for a registered political party of which the
735
individual is not a member, except to the extent that the registered political party
736
permits otherwise in the registered political party's bylaws.
737
(b)(i) An individual may file a declaration of candidacy for, or be a candidate for,
738
president or vice president of the United States and another office, if the
739
individual resigns the individual's candidacy for the other office after the
740
individual is officially nominated for president or vice president of the United
741
States.
742
(ii) An individual may file a declaration of candidacy for, or be a candidate for, more
743
than one justice court judge office.
- 22 - 02-06 15:57 1st Sub. (Green) S.B. 54
744
(iii) An individual may file a declaration of candidacy for lieutenant governor even if
745
the individual filed a declaration of candidacy for another office in the same
746
election year if the individual withdraws as a candidate for the other office in
747
accordance with Subsection 20A-9-202(6) before filing the declaration of
748
candidacy for lieutenant governor.
749
(3)(a) Except for a candidate for president or vice president of the United States, before
750
the filing officer may accept any declaration of candidacy, the filing officer shall:
751
(i) read to the individual the constitutional and statutory qualification requirements
752
for the office that the individual is seeking;
753
(ii) require the individual to state whether the individual meets the requirements
754
described in Subsection (3)(a)(i);
755
(iii) if the declaration of candidacy is for a county office, inform the individual that
756
an individual who holds a county elected office may not, at the same time, hold a
757
municipal elected office; and
758
(iv) if the declaration of candidacy is for a legislative office, inform the individual
759
that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
760
public office of profit or trust, under authority of the United States or Utah, from
761
being a member of the Legislature.
762
(b) Before accepting a declaration of candidacy for the office of county attorney, the
763
county clerk shall ensure that the individual filing that declaration of candidacy is:
764
(i) a United States citizen;
765
(ii) an attorney licensed to practice law in the state who is an active member in good
766
standing of the Utah State Bar;
767
(iii) a registered voter in the county in which the individual is seeking office; and
768
(iv) a current resident of the county in which the individual is seeking office and
769
either has been a resident of that county for at least one year before the date of the
770
election or was appointed and is currently serving as county attorney and became
771
a resident of the county within 30 days after appointment to the office.
772
(c) Before accepting a declaration of candidacy for the office of district attorney, the
773
county clerk shall ensure that, as of the date of the election, the individual filing that
774
declaration of candidacy is:
775
(i) a United States citizen;
776
(ii) an attorney licensed to practice law in the state who is an active member in good
777
standing of the Utah State Bar;
- 23 - 1st Sub. (Green) S.B. 54 02-06 15:57
778
(iii) a registered voter in the prosecution district in which the individual is seeking
779
office; and
780
(iv) a current resident of the prosecution district in which the individual is seeking
781
office and either will have been a resident of that prosecution district for at least
782
one year before the date of the election or was appointed and is currently serving
783
as district attorney and became a resident of the prosecution district within 30
784
days after receiving appointment to the office.
785
(d) Before accepting a declaration of candidacy for the office of county sheriff, the
786
county clerk shall ensure that the individual filing the declaration:
787
(i) is a United States citizen;
788
(ii) is a registered voter in the county in which the individual seeks office;
789
(iii)(A) has successfully met the standards and training requirements established
790
for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
791
Training and Certification Act; or
792
(B) has met the waiver requirements in Section 53-6-206;
793
(iv) is qualified to be certified as a law enforcement officer, as defined in Section
794
53-13-103; and
795
(v) before the date of the election, will have been a resident of the county in which
796
the individual seeks office for at least one year.
797
(e) Before accepting a declaration of candidacy for the office of governor, lieutenant
798
governor, state auditor, state treasurer, attorney general, state legislator, or State
799
Board of Education member, the filing officer shall ensure that the individual filing
800
the declaration of candidacy also makes the conflict of interest disclosure described
801
in Section 20A-11-1603.
802
(4) If an individual who files a declaration of candidacy does not meet the qualification
803
requirements for the office the individual is seeking, the filing officer may not accept the
804
individual's declaration of candidacy.
805
(5) If an individual who files a declaration of candidacy meets the requirements described
806
in Subsection (3), the filing officer shall:
807
(a) inform the individual that:
808
(i) subject to Section 20A-6-109, the individual's name will appear on the ballot as
809
the individual's name is written on the individual's declaration of candidacy;
810
(ii) the individual may be required to comply with state or local campaign finance
811
disclosure laws; and
- 24 - 02-06 15:57 1st Sub. (Green) S.B. 54
812
(iii) the individual is required to file a financial statement before the individual's
813
political convention under:
814
(A) Section 20A-11-204 for a candidate for constitutional office;
815
(B) Section 20A-11-303 for a candidate for the Legislature; or
816
(C) local campaign finance disclosure laws, if applicable;
817
(b) except for a presidential candidate, provide the individual with a copy of the current
818
campaign financial disclosure laws for the office the individual is seeking and inform
819
the individual that failure to comply will result in disqualification as a candidate and
820
removal of the individual's name from the ballot;
821
(c)(i) provide the individual with a copy of Section 20A-7-801 regarding the
822
Statewide Electronic Voter Information Website Program and inform the
823
individual of the submission deadline under Subsection 20A-7-801(4)(a);
824
(ii) inform the individual that the individual must provide the filing officer with an
825
email address that the individual actively monitors:
826
(A) to receive a communication from a filing officer or an election officer; and
827
(B) if the individual wishes to display a candidate profile on the Statewide
828
Electronic Voter Information Website, to submit to the website the
829
biographical and other information described in Subsection 20A-7-801
830
(4)(a)(ii);
831
(iii) inform the individual that the email address described in Subsection (5)(c)(ii) is
832
not a record under Title 63G, Chapter 2, Government Records Access and
833
Management Act; and
834
(iv) obtain from the individual the email address described in Subsection (5)(c)(ii);
835
(d) provide the candidate with a copy of the pledge of fair campaign practices described
836
under Section 20A-9-206 and inform the candidate that:
837
(i) signing the pledge is voluntary; and
838
(ii) signed pledges shall be filed with the filing officer;
839
(e) accept the individual's declaration of candidacy; and
840
(f) if the individual has filed for a partisan office, provide a certified copy of the
841
declaration of candidacy to the chair of the county or state political party of which the
842
individual is a member.
843
(6) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
844
shall:
845
(a) accept the candidate's pledge; and
- 25 - 1st Sub. (Green) S.B. 54 02-06 15:57
846
(b) if the candidate has filed for a partisan office, provide a certified copy of the
847
candidate's pledge to the chair of the county or state political party of which the
848
candidate is a member.
849
(7)(a) Except for a candidate for president or vice president of the United States, the
850
form of the declaration of candidacy shall:
851 (i) be substantially as follows:
852
"State of Utah, County of ____
853
I, ______________, declare my candidacy for the office of ____, seeking the
854
nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
855
the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
856
_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
857
knowingly violate any law governing campaigns and elections; if filing via a designated agent,
858
I will be out of the state of Utah during the entire candidate filing period; I will file all
859
campaign financial disclosure reports as required by law; and I understand that failure to do so
860
will result in my disqualification as a candidate for this office and removal of my name from
861
the ballot. The mailing address that I designate for receiving official election notices is
862
___________________________.
863
____________________________________________________________________
864
Subscribed and sworn before me this __________(month\day\year).
865
Notary Public (or other officer qualified to administer oath)."; and
866
(ii) require the candidate to state, in the sworn statement described in Subsection
867
(7)(a)(i):
868
(A) the registered political party of which the candidate is a member; or
869
(B) that the candidate is not a member of a registered political party.
870
(b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
871
candidacy may not sign the form described in Subsection (7)(a) or Section
872
20A-9-408.5.
873
(8)(a) Except for a candidate for president or vice president of the United States, the fee
874
for filing a declaration of candidacy is:
875
(i) $50 for candidates for the local school district board; and
876
(ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
877
person holding the office for all other federal, state, and county offices.
878
(b) Except for presidential candidates, the filing officer shall refund the filing fee to any
879
candidate:
- 26 - 02-06 15:57 1st Sub. (Green) S.B. 54
880
(i) who is disqualified; or
881
(ii) who the filing officer determines has filed improperly.
882
(c)(i) The county clerk shall immediately pay to the county treasurer all fees received
883
from candidates.
884
(ii) The lieutenant governor shall:
885
(A) apportion to and pay to the county treasurers of the various counties all fees
886
received for filing of nomination certificates or acceptances; and
887
(B) ensure that each county receives that proportion of the total amount paid to the
888
lieutenant governor from the congressional district that the total vote of that
889
county for all candidates for representative in Congress bears to the total vote
890
of all counties within the congressional district for all candidates for
891
representative in Congress.
892
(d)(i) A person who is unable to pay the filing fee may file a declaration of candidacy
893
without payment of the filing fee upon a prima facie showing of impecuniosity as
894
evidenced by an affidavit of impecuniosity filed with the filing officer and, if
895
requested by the filing officer, a financial statement filed at the time the affidavit
896
is submitted.
897
(ii) A person who is able to pay the filing fee may not claim impecuniosity.
898
(iii)(A) False statements made on an affidavit of impecuniosity or a financial
899
statement filed under this section shall be subject to the criminal penalties
900
provided under Sections 76-8-503 and 76-8-504 and any other applicable
901
criminal provision.
902
(B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
903
considered an offense under this title for the purposes of assessing the penalties
904
provided in Subsection 20A-1-609(2).
905 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
906
the following form:
907
"Affidavit of Impecuniosity
908
Individual Name
909
____________________________Address_____________________________
910
Phone Number _________________
911
I,__________________________(name), do solemnly [swear] [affirm], under penalty of
912
law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
913
by law.
- 27 - 1st Sub. (Green) S.B. 54 02-06 15:57
914
Date ______________
915
Signature________________________________________________ Affiant
916
Subscribed and sworn to before me on ___________ (month\day\year)
917
______________________
918
(signature)
919
Name and Title of Officer Authorized to Administer Oath ______________________".
920 (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a
921
statement printed in substantially the following form, which may be included on the affidavit
922
of impecuniosity:
923
"Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
924
candidate who is found guilty of filing a false statement, in addition to being subject to
925
criminal penalties, will be removed from the ballot."
926
(vi) The filing officer may request that a person who makes a claim of impecuniosity
927
under this Subsection (8)(d) file a financial statement on a form prepared by the
928
election official.
929
(9) An individual who fails to file a declaration of candidacy or certificate of nomination
930
within the time provided in this chapter is ineligible for nomination to office.
931
(10) A declaration of candidacy filed under this section may not be amended or modified
932
after the final date established for filing a declaration of candidacy.
933
Section 11. Section 20A-9-203 is amended to read:
934
20A-9-203 . Declarations of candidacy -- Municipal general elections --
935
Nomination petition -- Removal of signature.
936
(1) An individual may become a candidate for any municipal office if:
937
(a) the individual is a registered voter; and
938
(b)(i) the individual has resided within the municipality in which the individual seeks
939
to hold elective office for the 12 consecutive months immediately before the date
940
of the election; or
941
(ii) the territory in which the individual resides was annexed into the municipality,
942
the individual has resided within the annexed territory or the municipality the 12
943
consecutive months immediately before the date of the election.
944
(2)(a) For purposes of determining whether an individual meets the residency
945
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than
946
12 months before the election, the municipality is considered to have been
947
incorporated 12 months before the date of the election.
- 28 - 02-06 15:57 1st Sub. (Green) S.B. 54
948
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
949
council position shall, if elected from a district, be a resident of the council district
950
from which the candidate is elected.
951
(c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
952
individual, an individual convicted of a felony, or an individual convicted of treason
953
or a crime against the elective franchise may not hold office in this state until the
954
right to hold elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
955
(3)(a) An individual seeking to become a candidate for a municipal office shall,
956
regardless of the nomination method by which the individual is seeking to become a
957
candidate:
958
(i) except as provided in Subsection (3)(b) or Chapter 4, Part 6, Municipal Alternate
959
Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
960
declaration of candidacy, in person with the city recorder or town clerk, during the
961
office hours described in Section 10-3-301 and not later than the close of those
962
office hours, between June 1 and June 7 of any odd-numbered year; and
963
(ii) pay the filing fee, if one is required by municipal ordinance.
964
(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
965
declaration of candidacy with the city recorder or town clerk if:
966
(i) the individual is located outside of the state during the entire filing period;
967
(ii) the designated agent appears in person before the city recorder or town clerk;
968
(iii) the individual communicates with the city recorder or town clerk using an
969
electronic device that allows the individual and city recorder or town clerk to see
970
and hear each other; and
971
(iv) the individual provides the city recorder or town clerk with an email address to
972
which the city recorder or town clerk may send the individual the copies described
973
in Subsection (4).
974
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
975
(i) except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
976
Project, filing a nomination petition with the city recorder or town clerk during the
977
office hours described in Section 10-3-301 and not later than the close of those
978
office hours, between June 1 and June 7 of any odd-numbered year that includes
979
signatures in support of the nomination petition of the lesser of at least:
980
(A) 25 registered voters who reside in the municipality; or
981
(B) 20% of the registered voters who reside in the municipality; and
- 29 - 1st Sub. (Green) S.B. 54 02-06 15:57
982
(ii) paying the filing fee, if one is required by municipal ordinance.
983
(4)(a) Before the filing officer may accept any declaration of candidacy or nomination
984
petition, the filing officer shall:
985
(i) read to the prospective candidate or individual filing the petition the constitutional
986
and statutory qualification requirements for the office that the candidate is seeking;
987
(ii) require the candidate or individual filing the petition to state whether the
988
candidate meets the requirements described in Subsection (4)(a)(i); and
989
(iii) inform the candidate or the individual filing the petition that an individual who
990
holds a municipal elected office may not, at the same time, hold a county elected
991
office.
992
(b) If the prospective candidate does not meet the qualification requirements for the
993
office, the filing officer may not accept the declaration of candidacy or nomination
994
petition.
995
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
996
filing officer shall:
997
(i) inform the candidate that, subject to Section 20A-6-109, the candidate's name will
998
appear on the ballot as it is written on the declaration of candidacy;
999
(ii) provide the candidate with a copy of the current campaign financial disclosure
1000
laws for the office the candidate is seeking and inform the candidate that failure to
1001
comply will result in disqualification as a candidate and removal of the candidate's
1002
name from the ballot;
1003
(iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
1004
Electronic Voter Information Website Program and inform the candidate of the
1005
submission deadline under Subsection 20A-7-801(4)(a);
1006
(iv) inform the candidate that the candidate must provide the filing officer with an
1007
email address that the candidate actively monitors:
1008
(A) to receive a communication from a filing officer or an election officer; and
1009
(B) if the candidate wishes to display a candidate profile on the Statewide
1010
Electronic Voter Information Website, to submit to the website the
1011
biographical and other information described in Subsection 20A-7-801
1012
(4)(a)(ii);
1013
(v) inform the candidate that the email address described in Subsection (4)(c)(iv) is
1014
not a record under Title 63G, Chapter 2, Government Records Access and
1015
Management Act;
- 30 - 02-06 15:57 1st Sub. (Green) S.B. 54
1016
(vi) obtain from the candidate the email address described in Subsection (4)(c)(iv);
1017
(vii) provide the candidate with a copy of the pledge of fair campaign practices
1018
described under Section 20A-9-206 and inform the candidate that:
1019
(A) signing the pledge is voluntary; and
1020
(B) signed pledges shall be filed with the filing officer; and
1021
(viii) accept the declaration of candidacy or nomination petition.
1022
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
1023
shall:
1024
(i) accept the candidate's pledge; and
1025
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
1026
candidate's pledge to the chair of the county or state political party of which the
1027
candidate is a member.
1028
(5)(a) The declaration of candidacy shall be in substantially the following form:
1029
"I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
1030
____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
1031
(if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
1032
(stating the term). I will meet the legal qualifications required of candidates for this office. If
1033
filing via a designated agent, I attest that I will be out of the state of Utah during the entire
1034
candidate filing period. I will file all campaign financial disclosure reports as required by law
1035
and I understand that failure to do so will result in my disqualification as a candidate for this
1036
office and removal of my name from the ballot. I request that my name be printed upon the
1037
applicable official ballots. (Signed) _______________
1038
Subscribed and sworn to (or affirmed) before me by ____ on this
1039
__________(month\day\year).
1040
(Signed) _______________ (Clerk or other officer qualified to administer oath)."
1041
(b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
1042
not sign the form described in Subsection (5)(a).
1043
(c)(i) A nomination petition shall be in substantially the following form:
1044
"NOMINATION PETITION
1045
The undersigned residents of (name of municipality), being registered voters, nominate
1046
(name of nominee) for the office of (name of office) for the (length of term of office)."
1047
(ii) The remainder of the petition shall contain lines and columns for the signatures of
1048
individuals signing the petition and each individual's address and phone number.
1049
(6) If the declaration of candidacy or nomination petition fails to state whether the
- 31 - 1st Sub. (Green) S.B. 54 02-06 15:57
1050
nomination is for the two-year or four-year term, the clerk shall consider the nomination
1051
to be for the four-year term.
1052
(7)(a)(i) The clerk shall verify with the county clerk that all candidates are registered
1053
voters.
1054
(b) With the assistance of the county clerk, and using the procedures described in
1055
Section 20A-1-1002, the municipal clerk shall determine whether the required
1056
number of signatures of registered voters appears on a nomination petition.
1057
(8) Immediately after expiration of the period for filing a declaration of candidacy, the clerk
1058
shall:
1059
(a) publicize a list of the names of the candidates as they will appear on the ballot by
1060
publishing the list for the municipality, as a class A notice under Section 63G-30-102,
1061
for seven days; and
1062
(b) notify the lieutenant governor of the names of the candidates as they will appear on
1063
the ballot.
1064
(9) Except as provided in Subsection (10)(c), an individual may not amend a declaration of
1065
candidacy or nomination petition filed under this section after the candidate filing period
1066
ends.
1067
(10)(a) A declaration of candidacy or nomination petition that an individual files under
1068
this section is valid unless a person files a written objection with the clerk before 5
1069
p.m. within 10 days after the last day for filing.
1070
(b) If a person files an objection, the clerk shall:
1071
(i) mail or personally deliver notice of the objection to the affected candidate
1072
immediately; and
1073
(ii) decide any objection within 48 hours after the objection is filed.
1074
(c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three days
1075
after the day on which the clerk sustains the objection, correct the problem for which
1076
the objection is sustained by amending the candidate's declaration of candidacy or
1077
nomination petition, or by filing a new declaration of candidacy.
1078
(d)(i) The clerk's decision upon objections to form is final.
1079
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
1080
prompt application is made to the district court.
1081
(iii) The decision of the district court is final unless the Supreme Court, in the
1082
exercise of its discretion, agrees to review the lower court decision.
1083
(11) A candidate who qualifies for the ballot under this section may withdraw as a
- 32 - 02-06 15:57 1st Sub. (Green) S.B. 54
1084
candidate by filing a written affidavit with the municipal clerk.
1085
(12)(a) A voter who signs a nomination petition under this section may have the voter's
1086
signature removed from the petition by, no later than three business days after the day
1087
on which the petition is filed with the city recorder or municipal clerk, submitting to
1088
the municipal clerk a statement requesting that the voter's signature be removed.
1089
(b) A statement described in Subsection (12)(a) shall comply with the requirements
1090
described in Subsection 20A-1-1003(2).
1091
(c) With the assistance of the county clerk and using the procedures described in
1092
Subsection 20A-1-1003(3), the municipal clerk shall determine whether to remove an
1093
individual's signature from a petition after receiving a timely, valid statement
1094
requesting removal of the signature.
1095
Section 12. Section 20A-9-403 is amended to read:
1096
20A-9-403 . Regular primary elections.
1097
(1)(a) Candidates for elective office that are to be filled at the next regular general
1098
election shall be nominated in a regular primary election by direct vote of the people
1099
in the manner prescribed in this section. The regular primary election is held on the
1100
date specified in Section 20A-1-201.5. Nothing in this section shall affect a
1101
candidate's ability to qualify for a regular general election's ballot as an unaffiliated
1102
candidate under Section 20A-9-501 or to participate in a regular general election as a
1103
write-in candidate under Section 20A-9-601.
1104
(b) Each registered political party that chooses to have the names of the registered
1105
political party's candidates for elective office featured with party affiliation on the
1106
ballot at a regular general election shall comply with the requirements of this section
1107
and shall nominate the registered political party's candidates for elective office in the
1108
manner described in this section.
1109
(c) A filing officer may not permit an official ballot at a regular general election to be
1110
produced or used if the ballot denotes affiliation between a registered political party
1111
or any other political group and a candidate for elective office who is not nominated
1112
in the manner prescribed in this section or in Subsection 20A-9-202(4).
1113
(d) Unless noted otherwise, the dates in this section refer to those that occur in each
1114
even-numbered year in which a regular general election will be held.
1115
(2)(a) Each registered political party, in a statement filed with the lieutenant governor,
1116
shall:
1117
(i) either declare the registered political party's intent to participate in the next regular
- 33 - 1st Sub. (Green) S.B. 54 02-06 15:57
1118
primary election or declare that the registered political party chooses not to have
1119
the names of the registered political party's candidates for elective office featured
1120
on the ballot at the next regular general election; and
1121
(ii) if the registered political party participates in the upcoming regular primary
1122
election, identify one or more registered political parties whose members may
1123
vote for the registered political party's candidates and whether individuals
1124
identified as unaffiliated with a political party may vote for the registered political
1125
party's candidates.
1126
(b)(i) A registered political party that is a continuing political party shall file the
1127
statement described in Subsection (2)(a) with the lieutenant governor no later than
1128
5 p.m. on November 30 of each odd-numbered year.
1129
(ii) An organization that is seeking to become a registered political party under
1130
Section 20A-8-103 shall file the statement described in Subsection (2)(a) at the
1131
time that the registered political party files the petition described in Section
1132
20A-8-103.
1133
(3)(a) Except as provided in Subsection (3)(e), an individual who submits a declaration
1134
of candidacy under Section 20A-9-202 shall appear as a candidate for elective office
1135
on the regular primary ballot of the registered political party listed on the declaration
1136
of candidacy only if the individual is certified by the appropriate filing officer as
1137
having submitted a nomination petition that was:
1138
(i) circulated and completed in accordance with Section 20A-9-405; and
1139
(ii) signed by at least 2% of the registered political party's members who reside in the
1140
political division of the office that the individual seeks.
1141
(b)(i) A candidate for elective office shall submit signatures for a nomination petition
1142
to the appropriate filing officer for verification and certification no later than 5
1143
p.m. on the final day in March.
1144
(ii) A candidate may supplement the candidate's submissions at any time on or before
1145
the filing deadline.
1146
(c)(i) The lieutenant governor shall determine for each elective office the total
1147
number of signatures that must be submitted under Subsection (3)(a)(ii) or
1148
20A-9-408(8) by counting the aggregate number of individuals residing in each
1149
elective office's political division who have designated a particular registered
1150
political party on the individuals' voter registration forms on or before November
1151
15 of each odd-numbered year.
- 34 - 02-06 15:57 1st Sub. (Green) S.B. 54
1152
(ii) The lieutenant governor shall publish the determination for each elective office
1153
no later than November 30 of each odd-numbered year.
1154
(d) The filing officer shall:
1155
(i) except as otherwise provided in Section 20A-21-201, verify signatures on
1156
nomination petitions in a transparent and orderly manner, no later than 14 days
1157
after the day on which a candidate submits the signatures to the filing officer;
1158
(ii) for all qualifying candidates for elective office who submit nomination petitions
1159
to the filing officer, issue certifications referenced in Subsection (3)(a) no later
1160
than the deadline described in Subsection 20A-9-202(1)(b);
1161
(iii) consider active and inactive voters eligible to sign nomination petitions;
1162
(iv) consider an individual who signs a nomination petition a member of a registered
1163
political party for purposes of Subsection (3)(a)(ii) if the individual has designated
1164
that registered political party as the individual's party membership on the
1165
individual's voter registration form; and
1166
(v) except as otherwise provided in Section 20A-21-201 and with the assistance of
1167
the county clerk as applicable, use the procedures described in Section 20A-1-1002
1168
to verify submitted nomination petition signatures, or use statistical sampling
1169
procedures to verify submitted nomination petition signatures in accordance with
1170
rules made under Subsection (3)(f).
1171
(e) Notwithstanding any other provision in this Subsection (3), a candidate for lieutenant
1172
governor may appear on the regular primary ballot of a registered political party
1173
without submitting nomination petitions if the candidate files a declaration of
1174
candidacy and complies with Subsection 20A-9-202(3).
1175
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1176
director of elections, within the Office of the Lieutenant Governor, may make rules
1177
that:
1178
(i) provide for the use of statistical sampling procedures that:
1179
(A) filing officers are required to use to verify signatures under Subsection (3)(d);
1180
and
1181
(B) reflect a bona fide effort to determine the validity of a candidate's entire
1182
submission, using widely recognized statistical sampling techniques; and
1183
(ii) provide for the transparent, orderly, and timely submission, verification, and
1184
certification of nomination petition signatures.
1185
(g) The county clerk shall:
- 35 - 1st Sub. (Green) S.B. 54 02-06 15:57
1186
(i) review the declarations of candidacy filed by candidates for local boards of
1187
education to determine if more than two candidates have filed for the same seat;
1188
(ii) place the names of all candidates who have filed a declaration of candidacy for a
1189
local board of education seat on the nonpartisan section of the ballot if more than
1190
two candidates have filed for the same seat; and
1191
(iii) [determine the order of] place the local board of education candidates' names on
1192
the ballot in accordance with [Section 20A-6-305] Sections 20A-6-109 and
1193
20A-6-110.
1194
(4)(a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
1195
governor shall provide to the county clerks:
1196
(i) a list of the names of all candidates for federal, constitutional, multi-county, single
1197
county, and county offices who have received certifications under Subsection (3),
1198
along with instructions on how those names shall appear on the primary election
1199
ballot in accordance with [Section 20A-6-305] Sections 20A-6-109 and 20A-6-110;
1200
and
1201
(ii) a list of unopposed candidates for elective office who have been nominated by a
1202
registered political party under Subsection (5)(c) and instruct the county clerks to
1203
exclude the unopposed candidates from the primary election ballot.
1204
(b) A candidate for lieutenant governor and a candidate for governor campaigning as
1205
joint-ticket running mates shall appear jointly on the primary election ballot.
1206 (c) After the county clerk receives the certified list from the lieutenant governor under
1207
Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1208
substantially the following form:
1209
"Notice is given that a primary election will be held Tuesday, June ____,
1210
________(year), to nominate party candidates for the parties and candidates for nonpartisan
1211
local school board positions listed on the primary ballot. The polling place for voting precinct
1212
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1213
Attest: county clerk."
1214
(5)(a) A candidate who, at the regular primary election, receives the highest number of
1215
votes cast for the office sought by the candidate is:
1216
(i) nominated for that office by the candidate's registered political party; or
1217
(ii) for a nonpartisan local school board position, nominated for that office.
1218
(b) If two or more candidates are to be elected to the office at the regular general
1219
election, those party candidates equal in number to positions to be filled who receive
- 36 - 02-06 15:57 1st Sub. (Green) S.B. 54
1220
the highest number of votes at the regular primary election are the nominees of the
1221
candidates' party for those positions.
1222
(c)(i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
1223
(A) no individual other than the candidate receives a certification under
1224
Subsection (3) for the regular primary election ballot of the candidate's
1225
registered political party for a particular elective office; or
1226
(B) for an office where more than one individual is to be elected or nominated, the
1227
number of candidates who receive certification under Subsection (3) for the
1228
regular primary election of the candidate's registered political party does not
1229
exceed the total number of candidates to be elected or nominated for that office.
1230
(ii) A candidate who is unopposed for an elective office in the regular primary
1231
election of a registered political party is nominated by the party for that office
1232
without appearing on the primary election ballot.
1233
(6) The expense of providing all ballots, blanks, or other supplies to be used at any primary
1234
election provided for by this section, and all expenses necessarily incurred in the
1235
preparation for or the conduct of that primary election shall be paid out of the treasury of
1236
the county or state, in the same manner as for the regular general elections.
1237
(7) An individual may not file a declaration of candidacy for a registered political party of
1238
which the individual is not a member, except to the extent that the registered political
1239
party permits otherwise under the registered political party's bylaws.
1240
Section 13. Section 20A-9-409 is amended to read:
1241
20A-9-409 . Primary election provisions relating to qualified political party.
1242
(1) The regular primary election is held on the date specified in Section 20A-1-201.5.
1243
(2)(a) A qualified political party that nominates one or more candidates for an elective
1244
office under Section 20A-9-407 and does not have a candidate qualify as a candidate
1245
for that office under Section 20A-9-408, may, but is not required to, participate in the
1246
primary election for that office.
1247
(b) A qualified political party that has only one candidate qualify as a candidate for an
1248
elective office under Section 20A-9-408 and does not nominate a candidate for that
1249
office under Section 20A-9-407, may, but is not required to, participate in the
1250
primary election for that office.
1251
(c) A qualified political party that nominates one or more candidates for an elective
1252
office under Section 20A-9-407 and has one or more candidates qualify as a
1253
candidate for that office under Section 20A-9-408 shall participate in the primary
- 37 - 1st Sub. (Green) S.B. 54 02-06 15:57
1254
election for that office.
1255
(d) A qualified political party that has two or more candidates qualify as candidates for
1256
an elective office under Section 20A-9-408 and does not nominate a candidate for
1257
that office under Section 20A-9-407 shall participate in the primary election for that
1258
office.
1259
(3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section 17-52a-201
1260
or 17-52a-202, a qualified political party shall participate in the primary election for a
1261
county commission office if:
1262
(a) there is more than one:
1263
(i) open position as defined in Section 17-52a-201; or
1264
(ii) midterm vacancy as defined in Section 17-52a-201; and
1265
(b) the number of candidates nominated under Section 20A-9-407 or qualified under
1266
Section 20A-9-408 for the respective open positions or midterm vacancies exceeds
1267
the number of respective open positions or midterm vacancies.
1268
(4)(a) As used in this Subsection (4), a candidate is "unopposed" if:
1269
(i) no individual other than the candidate receives a certification, from the appropriate
1270
filing officer, for the regular primary election ballot of the candidate's registered
1271
political party for a particular elective office; or
1272
(ii) for an office where more than one individual is to be elected or nominated, the
1273
number of candidates who receive certification, from the appropriate filing officer,
1274
for the regular primary election of the candidate's registered political party does
1275
not exceed the total number of candidates to be elected or nominated for that
1276
office.
1277
(b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall:
1278
(i) provide to the county clerks:
1279
(A) a list of the names of all candidates for federal, constitutional, multi-county,
1280
single county, and county offices who have received certifications from the
1281
appropriate filing officer, along with instructions on how those names shall
1282
appear on the primary election ballot in accordance with [Section 20A-6-305]
1283
Sections 20A-6-109 and 20A-6-110; and
1284
(B) a list of unopposed candidates for elective office who have been nominated by
1285
a registered political party; and
1286
(ii) instruct the county clerks to exclude unopposed candidates from the primary
1287
election ballot.
- 38 - 02-06 15:57 1st Sub. (Green) S.B. 54
1288
(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
1289
the fourth Saturday in April.
1290
Section 14. Section 20A-12-201 is amended to read:
1291
20A-12-201 . Judicial appointees -- Retention elections.
1292
(1)(a) Each judicial appointee to a court is subject to an unopposed retention election at
1293
the first general election held more than three years after the judge or justice was
1294
appointed.
1295
(b) After the first retention election:
1296
(i) each Supreme Court justice shall be on the regular general election ballot for an
1297
unopposed retention election every tenth year; and
1298
(ii) each judge of other courts shall be on the regular general election ballot for an
1299
unopposed retention election every sixth year.
1300
(2)(a) Each justice or judge of a court of record who wishes to retain office shall, in the
1301
year the justice or judge is subject to a retention election:
1302
(i) file a declaration of candidacy with the lieutenant governor, or with the county
1303
clerk in the candidate's county of residence, within the period beginning on July 1
1304
and ending at 5 p.m. on July 15 in the year of a regular general election; and
1305
(ii) pay a filing fee of $50.
1306
(b)(i) Each justice court judge who wishes to retain office shall, in the year the justice
1307
court judge is subject to a retention election:
1308
(A) file a declaration of candidacy with the lieutenant governor, or with the county
1309
clerk in the candidate's county of residence, within the period beginning on
1310
July 1 and ending at 5 p.m. on July 15 in the year of a regular general election;
1311
and
1312
(B) pay a filing fee of $25 for each judicial office.
1313
(ii) If a justice court judge is appointed or elected to more than one judicial office, the
1314
declaration of candidacy shall identify all of the courts included in the same
1315
general election.
1316
(iii) If a justice court judge is appointed or elected to more than one judicial office,
1317
filing a declaration of candidacy in one county in which one of those courts is
1318
located is valid for the courts in any other county.
1319
(3)(a) The lieutenant governor shall, no later than August 31 of each regular general
1320
election year:
1321
(i) transmit a certified list containing the names of the justices of the Supreme Court,
- 39 - 1st Sub. (Green) S.B. 54 02-06 15:57
1322
judges of the Court of Appeals, and judges of the Business and Chancery Court
1323
declaring their candidacy to the county clerk of each county; and
1324
(ii) transmit a certified list containing the names of judges of other courts declaring
1325
their candidacy to the county clerk of each county in the geographic division in
1326
which the judge filing the declaration holds office.
1327
(b) Each county clerk shall place the names of justices and judges standing for retention
1328
election:
1329
(i) in the nonpartisan section of the ballot[.] ; and
1330
(ii) in accordance with Section 20A-6-109.
1331
(4)(a) At the general election, the ballots shall contain:
1332 (i) at the beginning of the judicial retention section of the ballot, the following statement:
1333
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's
1334
recommendations for each judge"; and
1335 (ii) as to each justice or judge of any court to be voted on in the county, the following question:
1336
"Shall ______________________________(name of justice or judge) be retained in the
1337
office of ___________________________? (name of office, such as "Justice of the Supreme
1338
Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
1339
Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
1340
Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
1341
County or (name of municipality)")
1342
Yes ()
1343
No ()."
1344
(b) If a justice court exists by means of an interlocal agreement under Section 78A-7-102,
1345
the ballot question for the judge shall include the name of that court.
1346
(5)(a) If the justice or judge receives more yes votes than no votes, the justice or judge is
1347
retained for the term of office provided by law.
1348
(b) If the justice or judge does not receive more yes votes than no votes, the justice or
1349
judge is not retained, and a vacancy exists in the office on the first Monday in
1350
January after the regular general election.
1351
(6) A justice or judge not retained is ineligible for appointment to the office for which the
1352
justice or judge was defeated until after the expiration of that term of office.
1353
(7)(a) If a justice court judge is standing for retention for one or more judicial offices in
1354
a county in which the judge is a county justice court judge or a municipal justice
1355
court judge in a town or municipality of the fourth or fifth class, as described in
- 40 - 02-06 15:57 1st Sub. (Green) S.B. 54
1356
Section 10-2-301, or any combination thereof, the election officer shall place the
1357
judge's name on the county ballot only once for all judicial offices for which the
1358
judge seeks to be retained.
1359
(b) If a justice court judge is standing for retention for one or more judicial offices in a
1360
municipality of the first, second, or third class, as described in Section 10-2-301, the
1361
election officer shall place the judge's name only on the municipal ballot for the
1362
voters of the municipality that the judge serves.
1363
Section 15. Effective Date.
1364
This bill takes effect on May 7, 2025.
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