Utah 2025 Regular Session

Utah Senate Bill SB0341 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-27 08:29 S.B. 341
2	2	1
3	3	Election Modifications
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Michael K. McKell
7	7	House Sponsor:
8	8	2
9	9
10	10	3
11	11	LONG TITLE
12	12	4
13	13	General Description:
14	14	5
15	15	This bill amends provisions relating to elections.
16	16	6
17	17	Highlighted Provisions:
18	18	7
19	19	This bill:
20	20	8
21	21	▸ defines terms;
22	22	9
23	23	▸ establishes requirements and procedures addressing circumstances when the lieutenant
24	24	10
25	25	governor may have a real or perceived conflict of interest in certain matters relating to
26	26	11
27	27	the administration of elections, the regulation of campaign finance requirements or
28	28	12
29	29	reporting requirements, or the regulation of lobbying, including:
30	30	13
31	31	● requiring, or in certain circumstances permitting, the lieutenant governor to delegate
32	32	14
33	33	certain duties to a county clerk that relate to a race where the governor or lieutenant
34	34	15
35	35	governor are running for office;
36	36	16
37	37	● requiring, or in certain circumstances permitting, the attorney general to act in the
38	38	17
39	39	place of the lieutenant governor in relation to matters requiring factual
40	40	18
41	41	determinations, interpreting or applying the law, or imposing penalties; and
42	42	19
43	43	● provides that the state board of canvassers shall canvass regular primary election
44	44	20
45	45	results and presidential primary election results; and
46	46	21
47	47	▸ makes technical and conforming changes.
48	48	22
49	49	Money Appropriated in this Bill:
50	50	23
51	51	None
52	52	24
53	53	Other Special Clauses:
54	54	25
55	55	None
56	56	26
57	57	Utah Code Sections Affected:
58	58	27
59	59	AMENDS:
60	60	28
61	61	20A-1-105, as enacted by Laws of Utah 2023, Chapter 297
62	62	29
63	63	20A-1-304, as last amended by Laws of Utah 2024, Chapter 503
64	64	30
65	65	20A-1-402, as enacted by Laws of Utah 1993, Chapter 1
66	66	S.B. 341 S.B. 341 02-27 08:29
67	67	31
68	68	20A-1-802, as enacted by Laws of Utah 2014, Chapter 254
69	69	32
70	70	20A-1-803, as enacted by Laws of Utah 2014, Chapter 254
71	71	33
72	72	20A-4-306, as last amended by Laws of Utah 2024, Chapter 503
73	73	34
74	74	67-1a-2, as last amended by Laws of Utah 2024, Chapter 438
75	75	35
76	76	ENACTS:
77	77	36
78	78	20A-1-109, Utah Code Annotated 1953
79	79	37
80	80	REPEALS:
81	81	38
82	82	20A-1-801, as enacted by Laws of Utah 2014, Chapter 254
83	83	39
84	84
85	85	40
86	86	Be it enacted by the Legislature of the state of Utah:
87	87	41
88	88	Section 1. Section 20A-1-105 is amended to read:
89	89	42
90	90	20A-1-105 . Chief election officer of the state -- Duties, authority, and
91	91	43
92	92	enforcement.
93	93	44
94	94	(1) This section is subject to the conflict of interest provisions described in Section
95	95	45
96	96	20A-1-109.
97	97	46
98	98	[(1)] (2) The lieutenant governor:
99	99	47
100	100	(a) is the chief election officer of the state;
101	101	48
102	102	(b) is responsible to oversee, and generally supervise, all elections and functions relating
103	103	49
104	104	to elections in the state; and
105	105	50
106	106	(c) shall enforce compliance by election officers with all legal requirements relating to
107	107	51
108	108	elections, including:
109	109	52
110	110	(i) Public Law 103-31, the National Voter Registration Act of 1993;
111	111	53
112	112	(ii) Public Law 107-252, the Help America Vote Act of 2002;
113	113	54
114	114	(iii) all other applicable provisions of federal law and rule relating to elections;
115	115	55
116	116	(iv) state law relating to elections;
117	117	56
118	118	(v) the requirements of this title; and
119	119	57
120	120	(vi) rules made under this title.
121	121	58
122	122	[(2)] (3) To the extent that the lieutenant governor determines the following is useful in
123	123	59
124	124	fulfilling the responsibilities described in Subsection [(1)] (2), the lieutenant governor
125	125	60
126	126	has:
127	127	61
128	128	(a) full access to closely observe, examine, and copy all records, documents, recordings,
129	129	62
130	130	and other information in the custody or control of an election officer or a board of
131	131	63
132	132	canvassers;
133	133	64
134	134	(b) full access to closely observe, examine, and copy all voter registration records,
135	135	- 2 - 02-27 08:29 S.B. 341
136	136	65
137	137	ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in
138	138	66
139	139	the custody or control of an election officer or a board of canvassers;
140	140	67
141	141	(c) full access to closely observe and examine all facilities, storage areas, and
142	142	68
143	143	equipment, and to closely observe, examine, or copy all materials, in the custody or
144	144	69
145	145	control of an election officer or a board of canvassers;
146	146	70
147	147	(d) full access to all staff, including full-time, part-time, and volunteer staff of an
148	148	71
149	149	election officer or a board of canvassers;
150	150	72
151	151	(e) full access to closely observe, examine, and copy all records and information relating
152	152	73
153	153	to election audits that are conducted, directed, or commissioned by a county clerk;
154	154	74
155	155	(f) the right to attend any meeting, including a closed meeting, relating to a matter
156	156	75
157	157	within the scope of authority or responsibility of the lieutenant governor described in
158	158	76
159	159	this chapter or Subsection 67-1a-2(2); and
160	160	77
161	161	(g) the right to closely observe and examine any work or other process relating to a
162	162	78
163	163	matter within the scope of authority or responsibility of the lieutenant governor
164	164	79
165	165	described in this chapter or Subsection 67-1a-2(2).
166	166	80
167	167	[(3)] (4) An election officer shall fully assist, and cooperate with, the lieutenant governor in:
168	168	81
169	169	(a) fulfillment, by the lieutenant governor, of the responsibilities described in Subsection [
170	170	82
171	171	(1)] (2); and
172	172	83
173	173	(b) obtaining the access and exercising the rights described in Subsection [(2)] (3).
174	174	84
175	175	[(4)] (5) If the lieutenant governor determines that an election officer is in violation of a law
176	176	85
177	177	or rule described in Subsection [(1)(c)] (2)(c), the lieutenant governor, in an effort to
178	178	86
179	179	remedy the violation and bring the election officer into compliance with the law or rule:
180	180	87
181	181	(a) shall consult with the election officer; and
182	182	88
183	183	(b) may provide training and other assistance to the election officer to the extent the
184	184	89
185	185	lieutenant governor determines warranted.
186	186	90
187	187	[(5)] (6) If a violation continues after the lieutenant governor complies with Subsection [
188	188	91
189	189	(4)(a)] (5)(a), the lieutenant governor shall issue a written order to the election officer
190	190	92
191	191	that:
192	192	93
193	193	(a) describes the violation;
194	194	94
195	195	(b) describes the action taken under Subsection [(4)] (5) to remedy the violation and
196	196	95
197	197	bring the election officer into compliance with the law or rule;
198	198	96
199	199	(c) directs the election officer to remedy and cease the violation;
200	200	97
201	201	(d) describes the specific actions the election officer must take to comply with the order;
202	202	98
203	203	(e) states the deadline for the election officer to comply with the order; and
204	204	- 3 - S.B. 341 02-27 08:29
205	205	99
206	206	(f) describes the actions the election officer must take to verify compliance with the
207	207	100
208	208	order.
209	209	101
210	210	[(6)] (7)(a) An order described in Subsection [(5)] (6) has the force of law.
211	211	102
212	212	(b) An election officer shall fully comply with an order described in Subsection [(5)] (6)
213	213	103
214	214	unless the election officer obtains a court order rescinding or modifying the order in
215	215	104
216	216	accordance with Subsections [(7) through (9)] (8) through (10).
217	217	105
218	218	[(7)] (8) An election officer desiring to seek a court order described in Subsection [(6)] (7)
219	219	106
220	220	shall file an action seeking a court order within 10 days after the day on which the
221	221	107
222	222	lieutenant governor issues the order described in Subsection [(5)] (6).
223	223	108
224	224	[(8)] (9) A court may not rescind or modify an order described in Subsection [(5)] (6) unless,
225	225	109
226	226	and only to the extent that:
227	227	110
228	228	(a) the order is arbitrary or capricious;
229	229	111
230	230	(b) the court finds that the violation alleged by the lieutenant governor did not occur; or
231	231	112
232	232	(c) the court determines that the violation alleged by the lieutenant governor is not a
233	233	113
234	234	violation of law or rule.
235	235	114
236	236	[(9)] (10) An election officer who files an action described in Subsection [(7)] (8) has the
237	237	115
238	238	burden of proof.
239	239	116
240	240	[(10)] (11) This section does not prohibit the lieutenant governor from bringing a legal
241	241	117
242	242	action, at any time, to compel an election officer to comply with the law and rules
243	243	118
244	244	described in Subsection [(1)] (2).
245	245	119
246	246	Section 2. Section 20A-1-109 is enacted to read:
247	247	120
248	248	20A-1-109 . Conflicts of interest and perceived conflicts of interest -- Authority of
249	249	121
250	250	attorney general to act.
251	251	122
252	252	(1) As used in this section:
253	253	123
254	254	(a) "Conflicted race" means a race where:
255	255	124
256	256	(i) the current governor is seeking reelection; or
257	257	125
258	258	(ii) the lieutenant governor is the election officer and the race is for an office that the
259	259	126
260	260	lieutenant governor is seeking.
261	261	127
262	262	(b) "Specified election administration function" means the signature verification and
263	263	128
264	264	certification process described in Section 20A-9-403 or 20A-9-408.
265	265	129
266	266	(2) The lieutenant governor shall delegate to one or more county clerks the performance of
267	267	130
268	268	a specified election administration function related to a conflicted race.
269	269	131
270	270	(3) The lieutenant governor may delegate to one or more county clerks the performance of
271	271	132
272	272	an election administration function that the lieutenant governor is not required to
273	273	- 4 - 02-27 08:29 S.B. 341
274	274	133
275	275	delegate under Subsection (2), if the lieutenant governor decides to delegate the election
276	276	134
277	277	administration function to avoid a real or perceived conflict of interest.
278	278	135
279	279	(4) The attorney general shall act in the place of the lieutenant governor, in the lieutenant
280	280	136
281	281	governor's role as the chief election officer, to:
282	282	137
283	283	(a) resolve a dispute, submitted in writing to the lieutenant governor or the attorney
284	284	138
285	285	general, in a conflicted race regarding:
286	286	139
287	287	(i) application or interpretation of the law;
288	288	140
289	289	(ii) whether an individual qualifies as a candidate;
290	290	141
291	291	(iii) a candidate vacancy or filling a candidate vacancy;
292	292	142
293	293	(iv) disqualification of a candidate;
294	294	143
295	295	(v) whether a candidate, or a candidate's campaign, has violated a provision of this
296	296	144
297	297	title; or
298	298	145
299	299	(vi) whether a candidate qualifies for a primary election ballot or a general election
300	300	146
301	301	ballot;
302	302	147
303	303	(b) investigate a complaint alleging that:
304	304	148
305	305	(i) the governor, the lieutenant governor, or a candidate in a conflicted race violated a
306	306	149
307	307	provision of this title or Title 36, Chapter 11, Lobbyist Disclosure and Regulation
308	308	150
309	309	Act; or
310	310	151
311	311	(ii) a person violated a provision of this title or Title 36, Chapter 11, Lobbyist
312	312	152
313	313	Disclosure and Regulation Act, in relation to an interaction with, or a contribution
314	314	153
315	315	or gift to, the governor, the lieutenant governor, or a candidate in a conflicted race;
316	316	154
317	317	(c) after conducting an investigation described in Subsection (4)(b):
318	318	155
319	319	(i) determine whether a violation occurred; and
320	320	156
321	321	(ii) take an action or impose a civil penalty that the lieutenant governor is authorized
322	322	157
323	323	to take or impose for a violation described in Subsection (4)(b); or
324	324	158
325	325	(d) determine whether to release or refuse to release a record, or information from a
326	326	159
327	327	record, relating to a matter described in this section.
328	328	160
329	329	(5) A person may file with the attorney general a request that the attorney general take an
330	330	161
331	331	action described in Subsection (4).
332	332	162
333	333	(6) The lieutenant governor may refer a dispute, complaint, or other action which the
334	334	163
335	335	attorney general is not required to act upon under Subsection (4) if the lieutenant
336	336	164
337	337	governor determines that referring the matter will avoid a real or perceived conflict of
338	338	165
339	339	interest.
340	340	166
341	341	(7) Action taken by the attorney general under this section has the same force of law as if
342	342	- 5 - S.B. 341 02-27 08:29
343	343	167
344	344	the lieutenant governor took the action in the lieutenant governor's role as the chief
345	345	168
346	346	election officer.
347	347	169
348	348	(8) This section does not authorize the attorney general to exercise any power granted to the
349	349	170
350	350	governor or lieutenant governor:
351	351	171
352	352	(a) under the Utah Constitution; or
353	353	172
354	354	(b) by statute that relates to a matter other than a matter described in this section.
355	355	173
356	356	Section 3. Section 20A-1-304 is amended to read:
357	357	174
358	358	20A-1-304 . Tie votes.
359	359	175 176
360	360	(1) This section does not apply to a race conducted by instant runoff voting under Chapter
361	361	177
362	362	4, Part 6, Municipal Alternate Voting Methods Pilot Project.
363	363	178
364	364	(2) Except as provided in Subsection (3), or for a primary election described in Subsection
365	365	179
366	366	(4), if, after conducting a recount under Subsection 20A-4-401(5), a tie vote occurs, the
367	367	180
368	368	election officer shall, in a public meeting held no later than three days after the day on
369	369	181
370	370	which the recount canvass is completed:
371	371	182
372	372	(a) determine the winning candidate, by lot, in whatever manner the election officer
373	373	183
374	374	determines; and
375	375	184
376	376	(b) provide notice and an opportunity for each candidate involved in the tie to observe
377	377	185
378	378	the casting or drawing of the lot or to send a representative to observe the casting or
379	379	186
380	380	drawing of the lot.
381	381	187
382	382	(3) Except as provided in Subsection (4)(c) for a primary election described in Subsection
383	383	188
384	384	(4), if, after a recount under Subsection 20A-4-401(5), a tie vote occurs in a conflicted
385	385	189
386	386	race, as defined in Subsection 20A-1-109(1), the attorney general shall, in a public
387	387	190
388	388	meeting held no later than three days after the day on which the recount canvass is
389	389	191
390	390	completed:
391	391	192
392	392	(a) determine the winning candidate, by lot, in whatever manner the attorney general
393	393	193
394	394	determines; and
395	395	194
396	396	(b) provide notice and an opportunity for each candidate involved in the tie to observe
397	397	195
398	398	the casting or drawing of the lot or to send a representative to observe the casting or
399	399	196
400	400	drawing of the lot.
401	401	197
402	402	[(3)] (4)(a) [If] Except as provided in Subsection (4)(c), if, after conducting a recount
403	403	198
404	404	under Subsection 20A-4-401(5), a tie vote occurs in a primary election race for a
405	405	199
406	406	national, statewide, or other office that represents more than one county, the
407	407	200
408	408	governor, lieutenant governor, and attorney general shall, at a public meeting called
409	409	201
410	410	by the governor no later than three days after the day on which the recount canvass is
411	411	- 6 - 02-27 08:29 S.B. 341
412	412	202
413	413	completed:
414	414	203
415	415	(i) determine the winning nominee, by lot, in whatever manner the governor
416	416	204
417	417	determines; and
418	418	205
419	419	(ii) provide notice and an opportunity for each candidate involved in the tie to
420	420	206
421	421	observe the casting or drawing of the lot or to send a representative to observe the
422	422	207
423	423	casting or drawing of the lot.
424	424	208
425	425	(b) If, after conducting a recount under Subsection 20A-4-401(5), a tie vote occurs in a
426	426	209
427	427	primary election race for a county office, the district court judges of the district in
428	428	210
429	429	which the county is located shall, at a public meeting called by the judges no later
430	430	211
431	431	than three days after the day on which the recount canvass is completed:
432	432	212
433	433	(i) determine the winning nominee, by lot, in whatever manner the judges determine;
434	434	213
435	435	and
436	436	214
437	437	(ii) provide notice and an opportunity for each candidate involved in the tie to
438	438	215
439	439	observe the casting or drawing of the lot or to send a representative to observe the
440	440	216
441	441	casting or drawing of the lot.
442	442	217
443	443	(c) If a tie vote in an election described in Subsection (4)(a) occurs in a conflicted race,
444	444	218
445	445	as defined in Subsection 20A-1-109(1), the attorney general, at a public meeting
446	446	219
447	447	called by the attorney general no later than three days after the day on which the
448	448	220
449	449	recount canvass is completed:
450	450	221
451	451	(i) determine the winning nominee, by lot, in whatever manner the attorney general
452	452	222
453	453	determines; and
454	454	223
455	455	(ii) provide notice and an opportunity for each candidate involved in the tie to
456	456	224
457	457	observe the casting or drawing of the lot or to send a representative to observe the
458	458	225
459	459	casting or drawing of the lot.
460	460	226
461	461	Section 4. Section 20A-1-402 is amended to read:
462	462	227
463	463	20A-1-402 . Election officer to render interpretations and make decisions.
464	464	228
465	465	[The] Except as otherwise provided in Section 20A-1-109, the election officer shall
466	466	229
467	467	render all interpretations and make all initial decisions about controversies or other matters
468	468	230
469	469	arising under this chapter.
470	470	231
471	471	Section 5. Section 20A-1-802 is amended to read:
472	472	232
473	473	20A-1-802 . Definitions.
474	474	233
475	475	As used in this part:
476	476	234
477	477	(1) "Bad faith" means that a person files a petition described in Subsection 20A-1-803(1):
478	478	235
479	479	(a) under circumstances where a reasonable person would not believe that the allegations
480	480	- 7 - S.B. 341 02-27 08:29
481	481	236
482	482	are true; or
483	483	237
484	484	(b)(i) within 60 days before an election that the candidate to which the petition relates
485	485	238
486	486	will appear on the ballot; and
487	487	239
488	488	(ii) under circumstances where a reasonable person would not believe that the
489	489	240
490	490	allegations constitute a significant violation of a provision of this title.
491	491	241
492	492	(2) "Defendant" means each person against whom an allegation is made in the verified
493	493	242
494	494	petition described in Subsection 20A-1-803(1).
495	495	243
496	496	(3) "Receiving official" means:
497	497	244
498	498	(a) the lieutenant governor, unless the verified petition described in Section 20A-1-803
499	499	245
500	500	alleges a violation by the governor, the lieutenant governor, or an employee of the
501	501	246
502	502	lieutenant governor's office; or
503	503	247
504	504	(b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a
505	505	248
506	506	violation by the governor, the lieutenant governor, or an employee of the lieutenant
507	507	249
508	508	governor's office.
509	509	250
510	510	(4) "Reviewing official" means:
511	511	251
512	512	(a) except as provided in Subsection (4)(b), the receiving official; or
513	513	252
514	514	(b) the [reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving
515	515	253
516	516	official appoints another individual as the reviewing official under Subsection
517	517	254
518	518	20A-1-803(3)(a)] individual designated under Subsection 20A-1-803(3) or (4) to take
519	519	255
520	520	further action on the petition.
521	521	256
522	522	(5) "Significant violation" means:
523	523	257
524	524	(a) a violation that, if known by voters before the election, may have resulted in a
525	525	258
526	526	candidate, other than the candidate certified as having won the election, winning the
527	527	259
528	528	election; or
529	529	260
530	530	(b) a violation that, had the violation not occurred, may have resulted in a candidate,
531	531	261
532	532	other than the candidate certified as having won the election, winning the election.
533	533	262
534	534	Section 6. Section 20A-1-803 is amended to read:
535	535	263
536	536	20A-1-803 . Verified petition by registered voter -- Receiving and reviewing
537	537	264
538	538	official -- Special investigation -- Special counsel -- Civil action.
539	539	265
540	540	(1) A registered voter may file a verified petition alleging a violation of any provision of
541	541	266
542	542	this title, if[ the registered voter]:
543	543	267
544	544	(a) the registered voter has information relating to the alleged violation; and
545	545	268
546	546	(b) the allegation is against a candidate for whom the registered voter had the right to
547	547	269
548	548	vote, a personal campaign committee of that candidate, or a member of a personal
549	549	- 8 - 02-27 08:29 S.B. 341
550	550	270
551	551	campaign committee of that candidate.
552	552	271
553	553	(2) The registered voter described in Subsection (1) shall file the verified petition with the
554	554	272
555	555	receiving official.
556	556	273
557	557	(3) If the receiving official is the lieutenant governor, any conflict of interest or potential
558	558	274
559	559	conflict of interest with the lieutenant governor is addressed in accordance with Section
560	560	275
561	561	20A-1-109.
562	562	276
563	563	[(3)] (4) If the receiving official is the attorney general and the attorney general determines,
564	564	277
565	565	in writing, that the [receiving official] attorney general has a conflict of interest in
566	566	278
567	567	relation to taking an action required in this part, the [receiving official] attorney general
568	568	279
569	569	shall:
570	570	280
571	571	(a) designate as the reviewing official an individual who does not have a conflict of
572	572	281
573	573	interest, in the following order of precedence:
574	574	282
575	575	[(i) the attorney general;]
576	576	283
577	577	[(ii)] (i) the state auditor; or
578	578	284
579	579	[(iii)] (ii) the state treasurer[; or] ; and
580	580	285
581	581	[(iv) the governor; and]
582	582	286
583	583	(b) forward the petition to the reviewing official for further action.
584	584	287
585	585	[(4)] (5)(a) The reviewing official shall gather information and determine whether, in the
586	586	288
587	587	discretion of the reviewing official, a special investigation is necessary.
588	588	289
589	589	(b) In making the determination described in Subsection [(4)(a)] (5)(a), the reviewing
590	590	290
591	591	official may consider the following:
592	592	291
593	593	(i) whether, based on the information available to the reviewing official, the
594	594	292
595	595	reviewing official is able to determine that a violation did not occur;
596	596	293
597	597	(ii) the seriousness of the alleged violation;
598	598	294
599	599	(iii) whether the alleged violation was intentional or accidental;
600	600	295
601	601	(iv) whether the alleged violation could be resolved informally;
602	602	296
603	603	(v) whether the petition is frivolous or filed for the purpose of harassment;
604	604	297
605	605	(vi) whether the alleged violation should be addressed in, or is being adequately
606	606	298
607	607	addressed in, another forum, including a criminal investigation or proceeding;
608	608	299
609	609	(vii) whether additional investigation, as part of a civil proceeding in relation to the
610	610	300
611	611	petition, is desirable;
612	612	301
613	613	(viii) the likelihood that an action, based on the allegations, is likely to be successful;
614	614	302
615	615	or
616	616	303
617	617	(ix) other criteria relevant to making the determination.
618	618	- 9 - S.B. 341 02-27 08:29
619	619	304
620	620	[(5)] (6) If the reviewing official determines that a special investigation is necessary, the
621	621	305
622	622	reviewing official shall:
623	623	306
624	624	(a) except as provided in Subsection [(5)(b)] (6)(b), refer the information to the attorney
625	625	307
626	626	general, who shall appoint special counsel; or
627	627	308
628	628	(b) if the verified petition alleges that the attorney general violated a provision of this
629	629	309
630	630	title, or if the reviewing official determines that the Office of the Attorney General
631	631	310
632	632	has a conflict of interest in relation to the verified petition, appoint a person who is
633	633	311
634	634	not an employee of the Office of the Attorney General as special counsel, in
635	635	312
636	636	accordance with Title 63G, Chapter 6a, Utah Procurement Code.
637	637	313
638	638	[(6)] (7) The special counsel:
639	639	314
640	640	(a) shall review the petition and any evidence relative to determining whether a
641	641	315
642	642	defendant committed a violation of a provision of this title;
643	643	316
644	644	(b) may interview individuals or gather additional evidence relative to determining
645	645	317
646	646	whether a defendant committed a violation of a provision of this title;
647	647	318
648	648	(c) shall advise the reviewing official whether, in the opinion of the special counsel,
649	649	319
650	650	sufficient evidence exists to establish that a defendant committed a significant
651	651	320
652	652	violation of a provision of this title; and
653	653	321
654	654	(d) shall, within three days after the day on which the special counsel complies with
655	655	322
656	656	Subsection [(6)(c)] (7)(c), prepare and provide to the reviewing official a document
657	657	323
658	658	that:
659	659	324
660	660	(i) states whether, in the opinion of the special counsel, sufficient evidence exists to
661	661	325
662	662	establish that a defendant committed at least one significant violation of a
663	663	326
664	664	provision of this title; and
665	665	327
666	666	(ii) if the special counsel is of the opinion that sufficient evidence exists to establish
667	667	328
668	668	that a defendant committed at least one significant violation of a provision of this
669	669	329
670	670	title:
671	671	330
672	672	(A) states the name of each defendant for which, in the opinion of the special
673	673	331
674	674	counsel, sufficient evidence exists to establish that the defendant committed at
675	675	332
676	676	least one significant violation of a provision of this title;
677	677	333
678	678	(B) states each provision of this title for which, in the opinion of the special
679	679	334
680	680	counsel, sufficient evidence exists to establish that the defendant violated; and
681	681	335
682	682	(C) may not include a description of the evidence supporting the opinion of the
683	683	336
684	684	special counsel.
685	685	337
686	686	[(7)] (8) The reviewing official shall:
687	687	- 10 - 02-27 08:29 S.B. 341
688	688	338
689	689	(a) within three days after the day on which the reviewing official receives the document
690	690	339
691	691	described in Subsection [(6)(d)] (7)(d), post a conspicuous link to the document on the
692	692	340
693	693	home page of the reviewing official's website; and
694	694	341
695	695	(b) within seven days after the day on which the special counsel complies with
696	696	342
697	697	Subsection [(6)(c)] (7)(c):
698	698	343
699	699	(i) determine whether, in the opinion of the reviewing official, sufficient evidence
700	700	344
701	701	exists to establish that a defendant committed a significant violation of a provision
702	702	345
703	703	of this title; and
704	704	346
705	705	(ii) if the reviewing official is of the opinion that sufficient evidence exists to
706	706	347
707	707	establish that a defendant committed at least one significant violation of a
708	708	348
709	709	provision of this title, direct the special counsel to file a civil action and serve
710	710	349
711	711	summons in accordance with the Utah Rules of Civil Procedure:
712	712	350
713	713	(A) against each defendant for whom the reviewing official determines that
714	714	351
715	715	sufficient evidence exists that the defendant committed a significant violation
716	716	352
717	717	of this title; and
718	718	353
719	719	(B) that includes each significant violation for which the reviewing official
720	720	354
721	721	determines that sufficient evidence exists.
722	722	355
723	723	[(8)] (9)(a) The purpose of the civil action described in Subsection [(7)(b)(ii)] (8)(b)(ii) is
724	724	356
725	725	to determine whether a defendant committed a significant violation of a provision of
726	726	357
727	727	this title.
728	728	358
729	729	(b) For a civil action described in Subsection [(7)(b)(ii)] (8)(b)(ii), the complaint may
730	730	359
731	731	include an allegation of any violation of a provision of this title by a defendant,
732	732	360
733	733	regardless of whether the violation is alleged in the petition.
734	734	361
735	735	(c) The special counsel may amend the complaint at any time after the complaint is filed,
736	736	362
737	737	including by adding allegations to the complaint or amending allegations already
738	738	363
739	739	made in the complaint, if the court determines that the amendment will not violate the
740	740	364
741	741	due process rights of the defendant against whom the added or amended allegation is
742	742	365
743	743	made.
744	744	366
745	745	[(9)] (10)(a) An action brought under this section shall:
746	746	367
747	747	(i) be heard without a jury, with the court determining all issues of fact and issues of
748	748	368
749	749	law; and
750	750	369
751	751	(ii) have precedence over any other civil actions.
752	752	370
753	753	(b) The court shall schedule discovery and hearings, and shall otherwise conduct
754	754	371
755	755	proceedings relating to an action brought under this section, in an expedited manner
756	756	- 11 - S.B. 341 02-27 08:29
757	757	372
758	758	while preserving the rights of the parties and the integrity of the proceedings.
759	759	373
760	760	Section 7. Section 20A-4-306 is amended to read:
761	761	374
762	762	20A-4-306 . Statewide canvass.
763	763	375
764	764	(1)[(a)] The state board of canvassers shall convene:
765	765	376
766	766	(a) for a presidential primary election, on the fourth Tuesday in March, at noon;
767	767	377
768	768	(b) for a regular primary election, on the third Tuesday after the regular primary
769	769	378
770	770	election, at noon;
771	771	379
772	772	[(i)] (c) for a regular general election, on the fourth Monday of November, at noon; or
773	773	380
774	774	[(ii)] (d) for a statewide special election, at noon on the day following the receipt by the
775	775	381
776	776	lieutenant governor of the last of the returns of a statewide special election.
777	777	382
778	778	[(b)] (2)(a) The state auditor, the state treasurer, and the attorney general are the state
779	779	383
780	780	board of canvassers.
781	781	384
782	782	[(c)] (b) Attendance of all members of the state board of canvassers is required to
783	783	385
784	784	constitute a quorum for conducting the canvass.
785	785	386
786	786	[(2)] (3)[(a)] The state board of canvassers shall:
787	787	387
788	788	[(i)] (a) meet in the lieutenant governor's office; and
789	789	388
790	790	[(ii)] (b) compute and determine the vote for officers and for and against any ballot
791	791	389
792	792	propositions voted upon by the voters of the entire state or of two or more counties.
793	793	390
794	794	[(b)] (4) The lieutenant governor, as secretary of the board shall file a report in the lieutenant
795	795	391
796	796	governor's office that details:
797	797	392
798	798	[(i)] (a) for each statewide officer and ballot proposition:
799	799	393
800	800	[(A)] (i) the name of the statewide office or ballot proposition that appeared on the
801	801	394
802	802	ballot;
803	803	395
804	804	[(B)] (ii) the candidates for each statewide office whose names appeared on the ballot,
805	805	396
806	806	plus any recorded write-in candidates;
807	807	397
808	808	[(C)] (iii) the number of votes from each county cast for each candidate and for and
809	809	398
810	810	against each ballot proposition;
811	811	399
812	812	[(D)] (iv) the total number of votes cast statewide for each candidate and for and
813	813	400
814	814	against each ballot proposition; and
815	815	401
816	816	[(E)] (v) the total number of votes cast statewide; and
817	817	402
818	818	[(ii)] (b) for each officer or ballot proposition voted on in two or more counties:
819	819	403
820	820	[(A)] (i) the name of each of those offices and ballot propositions that appeared on the
821	821	404
822	822	ballot;
823	823	405
824	824	[(B)] (ii) the candidates for those offices, plus any recorded write-in candidates;
825	825	- 12 - 02-27 08:29 S.B. 341
826	826	406
827	827	[(C)] (iii) the number of votes from each county cast for each candidate and for and
828	828	407
829	829	against each ballot proposition; and
830	830	408
831	831	[(D)] (iv) the total number of votes cast for each candidate and for and against each
832	832	409
833	833	ballot proposition.
834	834	410
835	835	[(c)] (5) Except as provided in Subsection [(2)(d)] (6), the lieutenant governor shall:
836	836	411
837	837	[(i)] (a) prepare certificates of election for:
838	838	412
839	839	[(A)] (i) each successful candidate; and
840	840	413
841	841	[(B)] (ii) each of the presidential electors of the candidate for president who received
842	842	414
843	843	a majority of the votes;
844	844	415
845	845	[(ii)] (b) authenticate each certificate with the lieutenant governor's seal; and
846	846	416
847	847	[(iii)] (c) deliver a certificate of election to:
848	848	417
849	849	[(A)] (i) each candidate who had the highest number of votes for each office; and
850	850	418
851	851	[(B)] (ii) each of the presidential electors of the candidate for president who received
852	852	419
853	853	a majority of the votes.
854	854	420
855	855	[(d)] (6) The lieutenant governor shall, in the report described in Subsection [(2)(b)] (4),
856	856	421
857	857	declare a tie vote if:
858	858	422
859	859	[(i)] (a) two or more officers receive an equal and the highest number of votes for an
860	860	423
861	861	office; or
862	862	424
863	863	[(ii)] (b) in a race for an at-large office:
864	864	425
865	865	[(A)] (i) two or more candidates receive an equal number of votes; and
866	866	426
867	867	[(B)] (ii) a recount is necessary to determine which candidates are elected to the
868	868	427
869	869	at-large office.
870	870	428
871	871	[(3)] (7) If the lieutenant governor has not received election returns from all counties on the
872	872	429
873	873	fifth day before the day designated for the meeting of the state board of canvassers, the
874	874	430
875	875	lieutenant governor shall:
876	876	431
877	877	(a) send a messenger to the clerk of the board of county canvassers of the delinquent
878	878	432
879	879	county;
880	880	433
881	881	(b) instruct the messenger to demand a certified copy of the board of canvasser's report
882	882	434
883	883	required by Section 20A-4-304 from the clerk; and
884	884	435
885	885	(c) pay the messenger the per diem provided by law as compensation.
886	886	436
887	887	[(4)] (8) The state board of canvassers may not withhold the declaration of the result or any
888	888	437
889	889	certificate of election because of any defect or informality in the returns of any election
890	890	438
891	891	if the board can determine from the returns, with reasonable certainty, what office is
892	892	439
893	893	intended and who is elected to it.
894	894	- 13 - S.B. 341 02-27 08:29
895	895	440
896	896	[(5)(a) At noon on the fourth Monday after the regular primary election, the lieutenant
897	897	441
898	898	governor shall:]
899	899	442
900	900	[(i) canvass the returns for all multicounty candidates required to file with the office
901	901	443
902	902	of the lieutenant governor; and]
903	903	444
904	904	[(ii) publish and file the results of the canvass in the lieutenant governor's office.]
905	905	445
906	906	[(b) Not later than the August 1 after the primary election, the lieutenant governor shall
907	907	446
908	908	certify the results of the primary canvass to the county clerks.]
909	909	447
910	910	[(6)(a) At noon on the fourth Tuesday in March of a year in which a presidential
911	911	448
912	912	election will be held, the lieutenant governor shall:]
913	913	449
914	914	[(i) canvass the returns of the presidential primary election; and]
915	915	450
916	916	[(ii) publish and file the results of the canvass in the lieutenant governor's office.]
917	917	451
918	918	[(b) The lieutenant governor shall certify the results of the presidential primary election
919	919	452
920	920	canvass to each registered political party that participated in the primary not later
921	921	453
922	922	than the April 15 after the primary election.]
923	923	454
924	924	Section 8. Section 67-1a-2 is amended to read:
925	925	455
926	926	67-1a-2 . Duties enumerated.
927	927	456
928	928	(1) The lieutenant governor shall:
929	929	457
930	930	(a) perform duties delegated by the governor, including assignments to serve in any of
931	931	458
932	932	the following capacities:
933	933	459
934	934	(i) as the head of any one department, if so qualified, with the advice and consent of
935	935	460
936	936	the Senate, and, upon appointment at the pleasure of the governor and without
937	937	461
938	938	additional compensation;
939	939	462
940	940	(ii) as the chairperson of any cabinet group organized by the governor or authorized
941	941	463
942	942	by law for the purpose of advising the governor or coordinating intergovernmental
943	943	464
944	944	or interdepartmental policies or programs;
945	945	465
946	946	(iii) as liaison between the governor and the state Legislature to coordinate and
947	947	466
948	948	facilitate the governor's programs and budget requests;
949	949	467
950	950	(iv) as liaison between the governor and other officials of local, state, federal, and
951	951	468
952	952	international governments or any other political entities to coordinate, facilitate,
953	953	469
954	954	and protect the interests of the state;
955	955	470
956	956	(v) as personal advisor to the governor, including advice on policies, programs,
957	957	471
958	958	administrative and personnel matters, and fiscal or budgetary matters; and
959	959	472
960	960	(vi) as chairperson or member of any temporary or permanent boards, councils,
961	961	473
962	962	commissions, committees, task forces, or other group appointed by the governor;
963	963	- 14 - 02-27 08:29 S.B. 341
964	964	474
965	965	(b) serve on all boards and commissions in lieu of the governor, whenever so designated
966	966	475
967	967	by the governor;
968	968	476
969	969	(c) serve as the chief election officer of the state as required by Subsection (2);
970	970	477
971	971	(d) keep custody of the Great Seal of the State of Utah;
972	972	478
973	973	(e) keep a register of, and attest, the official acts of the governor;
974	974	479
975	975	(f) affix the Great Seal, with an attestation, to all official documents and instruments to
976	976	480
977	977	which the official signature of the governor is required; and
978	978	481
979	979	(g) furnish a certified copy of all or any part of any law, record, or other instrument
980	980	482
981	981	filed, deposited, or recorded in the office of the lieutenant governor to any person
982	982	483
983	983	who requests it and pays the fee.
984	984	484
985	985	(2) Except as otherwise provided in the conflict of interest provisions described in Section
986	986	485
987	987	20A-1-109:
988	988	486
989	989	(a) [As] as the chief election officer, the lieutenant governor shall:
990	990	487
991	991	(i) exercise oversight, and general supervisory authority, over all elections;
992	992	488
993	993	(ii) exercise direct authority over the conduct of elections for federal, state, and
994	994	489
995	995	multicounty officers and statewide or multicounty ballot propositions and any
996	996	490
997	997	recounts involving those races;
998	998	491
999	999	(iii) establish uniformity in the election ballot;
1000	1000	492
1001	1001	(iv)(A) prepare election information for the public as required by law and as
1002	1002	493
1003	1003	determined appropriate by the lieutenant governor; and
1004	1004	494
1005	1005	(B) make the information described in Subsection (2)(a)(iv)(A) available to the
1006	1006	495
1007	1007	public and to news media, on the Internet, and in other forms as required by
1008	1008	496
1009	1009	law and as determined appropriate by the lieutenant governor;
1010	1010	497
1011	1011	(v) receive and answer election questions and maintain an election file on opinions
1012	1012	498
1013	1013	received from the attorney general;
1014	1014	499
1015	1015	(vi) maintain a current list of registered political parties as defined in Section
1016	1016	500
1017	1017	20A-8-101;
1018	1018	501
1019	1019	(vii) maintain election returns and statistics;
1020	1020	502
1021	1021	(viii) certify to the governor the names of individuals nominated to run for, or elected
1022	1022	503
1023	1023	to, office;
1024	1024	504
1025	1025	(ix) ensure that all voting equipment purchased by the state complies with the
1026	1026	505
1027	1027	requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
1028	1028	506
1029	1029	(x) during a declared emergency, to the extent that the lieutenant governor determines
1030	1030	507
1031	1031	it warranted, designate, as provided in Section 20A-1-308, a different method,
1032	1032	- 15 - S.B. 341 02-27 08:29
1033	1033	508
1034	1034	time, or location relating to:
1035	1035	509
1036	1036	(A) voting on election day;
1037	1037	510
1038	1038	(B) early voting;
1039	1039	511
1040	1040	(C) the transmittal or voting of an absentee ballot or military-overseas ballot;
1041	1041	512
1042	1042	(D) the counting of an absentee ballot or military-overseas ballot; or
1043	1043	513
1044	1044	(E) the canvassing of election returns; and
1045	1045	514
1046	1046	(xi) exercise all other election authority, and perform other election duties, as
1047	1047	515
1048	1048	provided in Title 20A, Election Code[.] ; and
1049	1049	516
1050	1050	(b) [As] as chief election officer, the lieutenant governor:
1051	1051	517
1052	1052	(i) shall oversee all elections, and functions relating to elections, in the state;
1053	1053	518
1054	1054	(ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance
1055	1055	519
1056	1056	by an election officer with legal requirements relating to elections; and
1057	1057	520
1058	1058	(iii) may not assume the responsibilities assigned to the county clerks, city recorders,
1059	1059	521
1060	1060	town clerks, or other local election officials by Title 20A, Election Code.
1061	1061	522
1062	1062	(3)(a) The lieutenant governor shall:
1063	1063	523
1064	1064	(i) determine a new municipality's classification under Section 10-2-301 upon the
1065	1065	524
1066	1066	city's incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a
1067	1067	525
1068	1068	Municipality, based on the municipality's population using the population estimate
1069	1069	526
1070	1070	from the Utah Population Committee; and
1071	1071	527
1072	1072	(ii)(A) prepare a certificate indicating the class in which the new municipality
1073	1073	528
1074	1074	belongs based on the municipality's population; and
1075	1075	529
1076	1076	(B) within 10 days after preparing the certificate, deliver a copy of the certificate
1077	1077	530
1078	1078	to the municipality's legislative body.
1079	1079	531
1080	1080	(b) The lieutenant governor shall:
1081	1081	532
1082	1082	(i) determine the classification under Section 10-2-301 of a consolidated municipality
1083	1083	533
1084	1084	upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part
1085	1085	534
1086	1086	6, Consolidation of Municipalities, using population information from:
1087	1087	535
1088	1088	(A) each official census or census estimate of the United States Bureau of the
1089	1089	536
1090	1090	Census; or
1091	1091	537
1092	1092	(B) the population estimate from the Utah Population Committee, if the
1093	1093	538
1094	1094	population of a municipality is not available from the United States Bureau of
1095	1095	539
1096	1096	the Census; and
1097	1097	540
1098	1098	(ii)(A) prepare a certificate indicating the class in which the consolidated
1099	1099	541
1100	1100	municipality belongs based on the municipality's population; and
1101	1101	- 16 - 02-27 08:29 S.B. 341
1102	1102	542
1103	1103	(B) within 10 days after preparing the certificate, deliver a copy of the certificate
1104	1104	543
1105	1105	to the consolidated municipality's legislative body.
1106	1106	544
1107	1107	(c) The lieutenant governor shall monitor the population of each municipality using
1108	1108	545
1109	1109	population information from:
1110	1110	546
1111	1111	(i) each official census or census estimate of the United States Bureau of the Census;
1112	1112	547
1113	1113	or
1114	1114	548
1115	1115	(ii) the population estimate from the Utah Population Committee, if the population of
1116	1116	549
1117	1117	a municipality is not available from the United States Bureau of the Census.
1118	1118	550
1119	1119	(d) If the applicable population figure under Subsection (3)(b) or (c) indicates that a
1120	1120	551
1121	1121	municipality's population has increased beyond the population for its current class,
1122	1122	552
1123	1123	the lieutenant governor shall:
1124	1124	553
1125	1125	(i) prepare a certificate indicating the class in which the municipality belongs based
1126	1126	554
1127	1127	on the increased population figure; and
1128	1128	555
1129	1129	(ii) within 10 days after preparing the certificate, deliver a copy of the certificate to
1130	1130	556
1131	1131	the legislative body of the municipality whose class has changed.
1132	1132	557
1133	1133	(e)(i) If the applicable population figure under Subsection (3)(b) or (c) indicates that
1134	1134	558
1135	1135	a municipality's population has decreased below the population for its current
1136	1136	559
1137	1137	class, the lieutenant governor shall send written notification of that fact to the
1138	1138	560
1139	1139	municipality's legislative body.
1140	1140	561
1141	1141	(ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality
1142	1142	562
1143	1143	whose population has decreased below the population for its current class, the
1144	1144	563
1145	1145	lieutenant governor shall:
1146	1146	564
1147	1147	(A) prepare a certificate indicating the class in which the municipality belongs
1148	1148	565
1149	1149	based on the decreased population figure; and
1150	1150	566
1151	1151	(B) within 10 days after preparing the certificate, deliver a copy of the certificate
1152	1152	567
1153	1153	to the legislative body of the municipality whose class has changed.
1154	1154	568
1155	1155	Section 9. Repealer.
1156	1156	569
1157	1157	This bill repeals:
1158	1158	570
1159	1159	Section 20A-1-801, Title.
1160	1160	571
1161	1161	Section 10. Effective Date.
1162	1162	572
1163	1163	This bill takes effect on May 7, 2025.
1164	1164	- 17 -