02-27 08:29 S.B. 341
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Election Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions relating to elections.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes requirements and procedures addressing circumstances when the lieutenant
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governor may have a real or perceived conflict of interest in certain matters relating to
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the administration of elections, the regulation of campaign finance requirements or
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reporting requirements, or the regulation of lobbying, including:
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● requiring, or in certain circumstances permitting, the lieutenant governor to delegate
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certain duties to a county clerk that relate to a race where the governor or lieutenant
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governor are running for office;
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● requiring, or in certain circumstances permitting, the attorney general to act in the
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place of the lieutenant governor in relation to matters requiring factual
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determinations, interpreting or applying the law, or imposing penalties; and
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● provides that the state board of canvassers shall canvass regular primary election
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results and presidential primary election results; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-1-105, as enacted by Laws of Utah 2023, Chapter 297
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20A-1-304, as last amended by Laws of Utah 2024, Chapter 503
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20A-1-402, as enacted by Laws of Utah 1993, Chapter 1
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20A-1-802, as enacted by Laws of Utah 2014, Chapter 254
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20A-1-803, as enacted by Laws of Utah 2014, Chapter 254
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20A-4-306, as last amended by Laws of Utah 2024, Chapter 503
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67-1a-2, as last amended by Laws of Utah 2024, Chapter 438
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ENACTS:
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20A-1-109, Utah Code Annotated 1953
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REPEALS:
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20A-1-801, as enacted by Laws of Utah 2014, Chapter 254
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-1-105 is amended to read:
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20A-1-105 . Chief election officer of the state -- Duties, authority, and
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enforcement.
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(1) This section is subject to the conflict of interest provisions described in Section
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20A-1-109.
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[(1)] (2) The lieutenant governor:
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(a) is the chief election officer of the state;
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(b) is responsible to oversee, and generally supervise, all elections and functions relating
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to elections in the state; and
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(c) shall enforce compliance by election officers with all legal requirements relating to
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elections, including:
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(i) Public Law 103-31, the National Voter Registration Act of 1993;
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(ii) Public Law 107-252, the Help America Vote Act of 2002;
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(iii) all other applicable provisions of federal law and rule relating to elections;
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(iv) state law relating to elections;
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(v) the requirements of this title; and
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(vi) rules made under this title.
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[(2)] (3) To the extent that the lieutenant governor determines the following is useful in
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fulfilling the responsibilities described in Subsection [(1)] (2), the lieutenant governor
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has:
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(a) full access to closely observe, examine, and copy all records, documents, recordings,
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and other information in the custody or control of an election officer or a board of
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canvassers;
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(b) full access to closely observe, examine, and copy all voter registration records,
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ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in
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the custody or control of an election officer or a board of canvassers;
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(c) full access to closely observe and examine all facilities, storage areas, and
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equipment, and to closely observe, examine, or copy all materials, in the custody or
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control of an election officer or a board of canvassers;
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(d) full access to all staff, including full-time, part-time, and volunteer staff of an
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election officer or a board of canvassers;
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(e) full access to closely observe, examine, and copy all records and information relating
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to election audits that are conducted, directed, or commissioned by a county clerk;
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(f) the right to attend any meeting, including a closed meeting, relating to a matter
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within the scope of authority or responsibility of the lieutenant governor described in
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this chapter or Subsection 67-1a-2(2); and
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(g) the right to closely observe and examine any work or other process relating to a
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matter within the scope of authority or responsibility of the lieutenant governor
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described in this chapter or Subsection 67-1a-2(2).
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[(3)] (4) An election officer shall fully assist, and cooperate with, the lieutenant governor in:
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(a) fulfillment, by the lieutenant governor, of the responsibilities described in Subsection [
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(1)] (2); and
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(b) obtaining the access and exercising the rights described in Subsection [(2)] (3).
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[(4)] (5) If the lieutenant governor determines that an election officer is in violation of a law
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or rule described in Subsection [(1)(c)] (2)(c), the lieutenant governor, in an effort to
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remedy the violation and bring the election officer into compliance with the law or rule:
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(a) shall consult with the election officer; and
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(b) may provide training and other assistance to the election officer to the extent the
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lieutenant governor determines warranted.
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[(5)] (6) If a violation continues after the lieutenant governor complies with Subsection [
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(4)(a)] (5)(a), the lieutenant governor shall issue a written order to the election officer
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that:
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(a) describes the violation;
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(b) describes the action taken under Subsection [(4)] (5) to remedy the violation and
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bring the election officer into compliance with the law or rule;
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(c) directs the election officer to remedy and cease the violation;
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(d) describes the specific actions the election officer must take to comply with the order;
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(e) states the deadline for the election officer to comply with the order; and
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(f) describes the actions the election officer must take to verify compliance with the
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order.
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[(6)] (7)(a) An order described in Subsection [(5)] (6) has the force of law.
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(b) An election officer shall fully comply with an order described in Subsection [(5)] (6)
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unless the election officer obtains a court order rescinding or modifying the order in
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accordance with Subsections [(7) through (9)] (8) through (10).
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[(7)] (8) An election officer desiring to seek a court order described in Subsection [(6)] (7)
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shall file an action seeking a court order within 10 days after the day on which the
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lieutenant governor issues the order described in Subsection [(5)] (6).
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[(8)] (9) A court may not rescind or modify an order described in Subsection [(5)] (6) unless,
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and only to the extent that:
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(a) the order is arbitrary or capricious;
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(b) the court finds that the violation alleged by the lieutenant governor did not occur; or
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(c) the court determines that the violation alleged by the lieutenant governor is not a
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violation of law or rule.
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[(9)] (10) An election officer who files an action described in Subsection [(7)] (8) has the
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burden of proof.
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[(10)] (11) This section does not prohibit the lieutenant governor from bringing a legal
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action, at any time, to compel an election officer to comply with the law and rules
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described in Subsection [(1)] (2).
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Section 2. Section 20A-1-109 is enacted to read:
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20A-1-109 . Conflicts of interest and perceived conflicts of interest -- Authority of
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attorney general to act.
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(1) As used in this section:
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(a) "Conflicted race" means a race where:
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(i) the current governor is seeking reelection; or
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(ii) the lieutenant governor is the election officer and the race is for an office that the
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lieutenant governor is seeking.
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(b) "Specified election administration function" means the signature verification and
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certification process described in Section 20A-9-403 or 20A-9-408.
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(2) The lieutenant governor shall delegate to one or more county clerks the performance of
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a specified election administration function related to a conflicted race.
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(3) The lieutenant governor may delegate to one or more county clerks the performance of
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an election administration function that the lieutenant governor is not required to
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delegate under Subsection (2), if the lieutenant governor decides to delegate the election
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administration function to avoid a real or perceived conflict of interest.
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(4) The attorney general shall act in the place of the lieutenant governor, in the lieutenant
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governor's role as the chief election officer, to:
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(a) resolve a dispute, submitted in writing to the lieutenant governor or the attorney
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general, in a conflicted race regarding:
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(i) application or interpretation of the law;
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(ii) whether an individual qualifies as a candidate;
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(iii) a candidate vacancy or filling a candidate vacancy;
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(iv) disqualification of a candidate;
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(v) whether a candidate, or a candidate's campaign, has violated a provision of this
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title; or
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(vi) whether a candidate qualifies for a primary election ballot or a general election
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ballot;
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(b) investigate a complaint alleging that:
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(i) the governor, the lieutenant governor, or a candidate in a conflicted race violated a
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provision of this title or Title 36, Chapter 11, Lobbyist Disclosure and Regulation
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Act; or
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(ii) a person violated a provision of this title or Title 36, Chapter 11, Lobbyist
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Disclosure and Regulation Act, in relation to an interaction with, or a contribution
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or gift to, the governor, the lieutenant governor, or a candidate in a conflicted race;
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(c) after conducting an investigation described in Subsection (4)(b):
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(i) determine whether a violation occurred; and
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(ii) take an action or impose a civil penalty that the lieutenant governor is authorized
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to take or impose for a violation described in Subsection (4)(b); or
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(d) determine whether to release or refuse to release a record, or information from a
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record, relating to a matter described in this section.
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(5) A person may file with the attorney general a request that the attorney general take an
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action described in Subsection (4).
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(6) The lieutenant governor may refer a dispute, complaint, or other action which the
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attorney general is not required to act upon under Subsection (4) if the lieutenant
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governor determines that referring the matter will avoid a real or perceived conflict of
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interest.
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(7) Action taken by the attorney general under this section has the same force of law as if
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the lieutenant governor took the action in the lieutenant governor's role as the chief
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election officer.
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(8) This section does not authorize the attorney general to exercise any power granted to the
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governor or lieutenant governor:
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(a) under the Utah Constitution; or
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(b) by statute that relates to a matter other than a matter described in this section.
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Section 3. Section 20A-1-304 is amended to read:
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20A-1-304 . Tie votes.
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(1) This section does not apply to a race conducted by instant runoff voting under Chapter
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4, Part 6, Municipal Alternate Voting Methods Pilot Project.
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(2) Except as provided in Subsection (3), or for a primary election described in Subsection
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(4), if, after conducting a recount under Subsection 20A-4-401(5), a tie vote occurs, the
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election officer shall, in a public meeting held no later than three days after the day on
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which the recount canvass is completed:
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(a) determine the winning candidate, by lot, in whatever manner the election officer
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determines; and
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(b) provide notice and an opportunity for each candidate involved in the tie to observe
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the casting or drawing of the lot or to send a representative to observe the casting or
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drawing of the lot.
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(3) Except as provided in Subsection (4)(c) for a primary election described in Subsection
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(4), if, after a recount under Subsection 20A-4-401(5), a tie vote occurs in a conflicted
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race, as defined in Subsection 20A-1-109(1), the attorney general shall, in a public
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meeting held no later than three days after the day on which the recount canvass is
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completed:
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(a) determine the winning candidate, by lot, in whatever manner the attorney general
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determines; and
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(b) provide notice and an opportunity for each candidate involved in the tie to observe
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the casting or drawing of the lot or to send a representative to observe the casting or
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drawing of the lot.
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[(3)] (4)(a) [If] Except as provided in Subsection (4)(c), if, after conducting a recount
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under Subsection 20A-4-401(5), a tie vote occurs in a primary election race for a
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national, statewide, or other office that represents more than one county, the
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governor, lieutenant governor, and attorney general shall, at a public meeting called
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by the governor no later than three days after the day on which the recount canvass is
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completed:
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(i) determine the winning nominee, by lot, in whatever manner the governor
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determines; and
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(ii) provide notice and an opportunity for each candidate involved in the tie to
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observe the casting or drawing of the lot or to send a representative to observe the
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casting or drawing of the lot.
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(b) If, after conducting a recount under Subsection 20A-4-401(5), a tie vote occurs in a
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primary election race for a county office, the district court judges of the district in
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which the county is located shall, at a public meeting called by the judges no later
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than three days after the day on which the recount canvass is completed:
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(i) determine the winning nominee, by lot, in whatever manner the judges determine;
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and
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(ii) provide notice and an opportunity for each candidate involved in the tie to
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observe the casting or drawing of the lot or to send a representative to observe the
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casting or drawing of the lot.
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(c) If a tie vote in an election described in Subsection (4)(a) occurs in a conflicted race,
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as defined in Subsection 20A-1-109(1), the attorney general, at a public meeting
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called by the attorney general no later than three days after the day on which the
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recount canvass is completed:
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(i) determine the winning nominee, by lot, in whatever manner the attorney general
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determines; and
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(ii) provide notice and an opportunity for each candidate involved in the tie to
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observe the casting or drawing of the lot or to send a representative to observe the
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casting or drawing of the lot.
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Section 4. Section 20A-1-402 is amended to read:
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20A-1-402 . Election officer to render interpretations and make decisions.
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[The] Except as otherwise provided in Section 20A-1-109, the election officer shall
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render all interpretations and make all initial decisions about controversies or other matters
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arising under this chapter.
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Section 5. Section 20A-1-802 is amended to read:
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20A-1-802 . Definitions.
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As used in this part:
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(1) "Bad faith" means that a person files a petition described in Subsection 20A-1-803(1):
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(a) under circumstances where a reasonable person would not believe that the allegations
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are true; or
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(b)(i) within 60 days before an election that the candidate to which the petition relates
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will appear on the ballot; and
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(ii) under circumstances where a reasonable person would not believe that the
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allegations constitute a significant violation of a provision of this title.
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(2) "Defendant" means each person against whom an allegation is made in the verified
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petition described in Subsection 20A-1-803(1).
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(3) "Receiving official" means:
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(a) the lieutenant governor, unless the verified petition described in Section 20A-1-803
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alleges a violation by the governor, the lieutenant governor, or an employee of the
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lieutenant governor's office; or
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(b) the attorney general, if the verified petition described in Section 20A-1-803 alleges a
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violation by the governor, the lieutenant governor, or an employee of the lieutenant
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governor's office.
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(4) "Reviewing official" means:
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(a) except as provided in Subsection (4)(b), the receiving official; or
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(b) the [reviewing official appointed under Subsection 20A-1-803(3)(a), if the receiving
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official appoints another individual as the reviewing official under Subsection
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20A-1-803(3)(a)] individual designated under Subsection 20A-1-803(3) or (4) to take
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further action on the petition.
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(5) "Significant violation" means:
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(a) a violation that, if known by voters before the election, may have resulted in a
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candidate, other than the candidate certified as having won the election, winning the
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election; or
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(b) a violation that, had the violation not occurred, may have resulted in a candidate,
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other than the candidate certified as having won the election, winning the election.
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Section 6. Section 20A-1-803 is amended to read:
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20A-1-803 . Verified petition by registered voter -- Receiving and reviewing
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official -- Special investigation -- Special counsel -- Civil action.
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(1) A registered voter may file a verified petition alleging a violation of any provision of
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this title, if[ the registered voter]:
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(a) the registered voter has information relating to the alleged violation; and
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(b) the allegation is against a candidate for whom the registered voter had the right to
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vote, a personal campaign committee of that candidate, or a member of a personal
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campaign committee of that candidate.
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(2) The registered voter described in Subsection (1) shall file the verified petition with the
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receiving official.
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(3) If the receiving official is the lieutenant governor, any conflict of interest or potential
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conflict of interest with the lieutenant governor is addressed in accordance with Section
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20A-1-109.
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[(3)] (4) If the receiving official is the attorney general and the attorney general determines,
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in writing, that the [receiving official] attorney general has a conflict of interest in
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relation to taking an action required in this part, the [receiving official] attorney general
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shall:
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(a) designate as the reviewing official an individual who does not have a conflict of
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interest, in the following order of precedence:
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[(i) the attorney general;]
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[(ii)] (i) the state auditor; or
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[(iii)] (ii) the state treasurer[; or] ; and
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[(iv) the governor; and]
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(b) forward the petition to the reviewing official for further action.
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[(4)] (5)(a) The reviewing official shall gather information and determine whether, in the
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discretion of the reviewing official, a special investigation is necessary.
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(b) In making the determination described in Subsection [(4)(a)] (5)(a), the reviewing
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official may consider the following:
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(i) whether, based on the information available to the reviewing official, the
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reviewing official is able to determine that a violation did not occur;
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(ii) the seriousness of the alleged violation;
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(iii) whether the alleged violation was intentional or accidental;
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(iv) whether the alleged violation could be resolved informally;
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(v) whether the petition is frivolous or filed for the purpose of harassment;
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(vi) whether the alleged violation should be addressed in, or is being adequately
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addressed in, another forum, including a criminal investigation or proceeding;
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(vii) whether additional investigation, as part of a civil proceeding in relation to the
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petition, is desirable;
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(viii) the likelihood that an action, based on the allegations, is likely to be successful;
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or
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(ix) other criteria relevant to making the determination.
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[(5)] (6) If the reviewing official determines that a special investigation is necessary, the
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reviewing official shall:
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(a) except as provided in Subsection [(5)(b)] (6)(b), refer the information to the attorney
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general, who shall appoint special counsel; or
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(b) if the verified petition alleges that the attorney general violated a provision of this
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title, or if the reviewing official determines that the Office of the Attorney General
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has a conflict of interest in relation to the verified petition, appoint a person who is
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not an employee of the Office of the Attorney General as special counsel, in
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accordance with Title 63G, Chapter 6a, Utah Procurement Code.
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[(6)] (7) The special counsel:
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(a) shall review the petition and any evidence relative to determining whether a
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defendant committed a violation of a provision of this title;
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(b) may interview individuals or gather additional evidence relative to determining
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whether a defendant committed a violation of a provision of this title;
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(c) shall advise the reviewing official whether, in the opinion of the special counsel,
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sufficient evidence exists to establish that a defendant committed a significant
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violation of a provision of this title; and
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(d) shall, within three days after the day on which the special counsel complies with
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Subsection [(6)(c)] (7)(c), prepare and provide to the reviewing official a document
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that:
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(i) states whether, in the opinion of the special counsel, sufficient evidence exists to
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establish that a defendant committed at least one significant violation of a
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provision of this title; and
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(ii) if the special counsel is of the opinion that sufficient evidence exists to establish
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that a defendant committed at least one significant violation of a provision of this
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title:
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(A) states the name of each defendant for which, in the opinion of the special
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counsel, sufficient evidence exists to establish that the defendant committed at
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least one significant violation of a provision of this title;
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(B) states each provision of this title for which, in the opinion of the special
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counsel, sufficient evidence exists to establish that the defendant violated; and
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(C) may not include a description of the evidence supporting the opinion of the
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special counsel.
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[(7)] (8) The reviewing official shall:
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(a) within three days after the day on which the reviewing official receives the document
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described in Subsection [(6)(d)] (7)(d), post a conspicuous link to the document on the
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home page of the reviewing official's website; and
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(b) within seven days after the day on which the special counsel complies with
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Subsection [(6)(c)] (7)(c):
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(i) determine whether, in the opinion of the reviewing official, sufficient evidence
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exists to establish that a defendant committed a significant violation of a provision
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of this title; and
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(ii) if the reviewing official is of the opinion that sufficient evidence exists to
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establish that a defendant committed at least one significant violation of a
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provision of this title, direct the special counsel to file a civil action and serve
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summons in accordance with the Utah Rules of Civil Procedure:
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(A) against each defendant for whom the reviewing official determines that
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sufficient evidence exists that the defendant committed a significant violation
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of this title; and
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(B) that includes each significant violation for which the reviewing official
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determines that sufficient evidence exists.
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[(8)] (9)(a) The purpose of the civil action described in Subsection [(7)(b)(ii)] (8)(b)(ii) is
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to determine whether a defendant committed a significant violation of a provision of
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this title.
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(b) For a civil action described in Subsection [(7)(b)(ii)] (8)(b)(ii), the complaint may
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include an allegation of any violation of a provision of this title by a defendant,
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regardless of whether the violation is alleged in the petition.
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(c) The special counsel may amend the complaint at any time after the complaint is filed,
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including by adding allegations to the complaint or amending allegations already
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made in the complaint, if the court determines that the amendment will not violate the
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due process rights of the defendant against whom the added or amended allegation is
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made.
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[(9)] (10)(a) An action brought under this section shall:
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(i) be heard without a jury, with the court determining all issues of fact and issues of
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law; and
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(ii) have precedence over any other civil actions.
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(b) The court shall schedule discovery and hearings, and shall otherwise conduct
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proceedings relating to an action brought under this section, in an expedited manner
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while preserving the rights of the parties and the integrity of the proceedings.
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Section 7. Section 20A-4-306 is amended to read:
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20A-4-306 . Statewide canvass.
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(1)[(a)] The state board of canvassers shall convene:
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(a) for a presidential primary election, on the fourth Tuesday in March, at noon;
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(b) for a regular primary election, on the third Tuesday after the regular primary
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election, at noon;
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[(i)] (c) for a regular general election, on the fourth Monday of November, at noon; or
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[(ii)] (d) for a statewide special election, at noon on the day following the receipt by the
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lieutenant governor of the last of the returns of a statewide special election.
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[(b)] (2)(a) The state auditor, the state treasurer, and the attorney general are the state
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board of canvassers.
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[(c)] (b) Attendance of all members of the state board of canvassers is required to
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constitute a quorum for conducting the canvass.
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[(2)] (3)[(a)] The state board of canvassers shall:
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[(i)] (a) meet in the lieutenant governor's office; and
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[(ii)] (b) compute and determine the vote for officers and for and against any ballot
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propositions voted upon by the voters of the entire state or of two or more counties.
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[(b)] (4) The lieutenant governor, as secretary of the board shall file a report in the lieutenant
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governor's office that details:
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[(i)] (a) for each statewide officer and ballot proposition:
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[(A)] (i) the name of the statewide office or ballot proposition that appeared on the
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ballot;
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[(B)] (ii) the candidates for each statewide office whose names appeared on the ballot,
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plus any recorded write-in candidates;
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[(C)] (iii) the number of votes from each county cast for each candidate and for and
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against each ballot proposition;
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[(D)] (iv) the total number of votes cast statewide for each candidate and for and
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against each ballot proposition; and
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[(E)] (v) the total number of votes cast statewide; and
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[(ii)] (b) for each officer or ballot proposition voted on in two or more counties:
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[(A)] (i) the name of each of those offices and ballot propositions that appeared on the
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ballot;
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[(B)] (ii) the candidates for those offices, plus any recorded write-in candidates;
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[(C)] (iii) the number of votes from each county cast for each candidate and for and
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against each ballot proposition; and
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[(D)] (iv) the total number of votes cast for each candidate and for and against each
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ballot proposition.
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[(c)] (5) Except as provided in Subsection [(2)(d)] (6), the lieutenant governor shall:
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[(i)] (a) prepare certificates of election for:
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[(A)] (i) each successful candidate; and
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[(B)] (ii) each of the presidential electors of the candidate for president who received
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a majority of the votes;
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[(ii)] (b) authenticate each certificate with the lieutenant governor's seal; and
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[(iii)] (c) deliver a certificate of election to:
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[(A)] (i) each candidate who had the highest number of votes for each office; and
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[(B)] (ii) each of the presidential electors of the candidate for president who received
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a majority of the votes.
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[(d)] (6) The lieutenant governor shall, in the report described in Subsection [(2)(b)] (4),
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declare a tie vote if:
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[(i)] (a) two or more officers receive an equal and the highest number of votes for an
423
office; or
424
[(ii)] (b) in a race for an at-large office:
425
[(A)] (i) two or more candidates receive an equal number of votes; and
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[(B)] (ii) a recount is necessary to determine which candidates are elected to the
427
at-large office.
428
[(3)] (7) If the lieutenant governor has not received election returns from all counties on the
429
fifth day before the day designated for the meeting of the state board of canvassers, the
430
lieutenant governor shall:
431
(a) send a messenger to the clerk of the board of county canvassers of the delinquent
432
county;
433
(b) instruct the messenger to demand a certified copy of the board of canvasser's report
434
required by Section 20A-4-304 from the clerk; and
435
(c) pay the messenger the per diem provided by law as compensation.
436
[(4)] (8) The state board of canvassers may not withhold the declaration of the result or any
437
certificate of election because of any defect or informality in the returns of any election
438
if the board can determine from the returns, with reasonable certainty, what office is
439
intended and who is elected to it.
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440
[(5)(a) At noon on the fourth Monday after the regular primary election, the lieutenant
441
governor shall:]
442
[(i) canvass the returns for all multicounty candidates required to file with the office
443
of the lieutenant governor; and]
444
[(ii) publish and file the results of the canvass in the lieutenant governor's office.]
445
[(b) Not later than the August 1 after the primary election, the lieutenant governor shall
446
certify the results of the primary canvass to the county clerks.]
447
[(6)(a) At noon on the fourth Tuesday in March of a year in which a presidential
448
election will be held, the lieutenant governor shall:]
449
[(i) canvass the returns of the presidential primary election; and]
450
[(ii) publish and file the results of the canvass in the lieutenant governor's office.]
451
[(b) The lieutenant governor shall certify the results of the presidential primary election
452
canvass to each registered political party that participated in the primary not later
453
than the April 15 after the primary election.]
454
Section 8. Section 67-1a-2 is amended to read:
455
67-1a-2 . Duties enumerated.
456
(1) The lieutenant governor shall:
457
(a) perform duties delegated by the governor, including assignments to serve in any of
458
the following capacities:
459
(i) as the head of any one department, if so qualified, with the advice and consent of
460
the Senate, and, upon appointment at the pleasure of the governor and without
461
additional compensation;
462
(ii) as the chairperson of any cabinet group organized by the governor or authorized
463
by law for the purpose of advising the governor or coordinating intergovernmental
464
or interdepartmental policies or programs;
465
(iii) as liaison between the governor and the state Legislature to coordinate and
466
facilitate the governor's programs and budget requests;
467
(iv) as liaison between the governor and other officials of local, state, federal, and
468
international governments or any other political entities to coordinate, facilitate,
469
and protect the interests of the state;
470
(v) as personal advisor to the governor, including advice on policies, programs,
471
administrative and personnel matters, and fiscal or budgetary matters; and
472
(vi) as chairperson or member of any temporary or permanent boards, councils,
473
commissions, committees, task forces, or other group appointed by the governor;
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474
(b) serve on all boards and commissions in lieu of the governor, whenever so designated
475
by the governor;
476
(c) serve as the chief election officer of the state as required by Subsection (2);
477
(d) keep custody of the Great Seal of the State of Utah;
478
(e) keep a register of, and attest, the official acts of the governor;
479
(f) affix the Great Seal, with an attestation, to all official documents and instruments to
480
which the official signature of the governor is required; and
481
(g) furnish a certified copy of all or any part of any law, record, or other instrument
482
filed, deposited, or recorded in the office of the lieutenant governor to any person
483
who requests it and pays the fee.
484
(2) Except as otherwise provided in the conflict of interest provisions described in Section
485
20A-1-109:
486
(a) [As] as the chief election officer, the lieutenant governor shall:
487
(i) exercise oversight, and general supervisory authority, over all elections;
488
(ii) exercise direct authority over the conduct of elections for federal, state, and
489
multicounty officers and statewide or multicounty ballot propositions and any
490
recounts involving those races;
491
(iii) establish uniformity in the election ballot;
492
(iv)(A) prepare election information for the public as required by law and as
493
determined appropriate by the lieutenant governor; and
494
(B) make the information described in Subsection (2)(a)(iv)(A) available to the
495
public and to news media, on the Internet, and in other forms as required by
496
law and as determined appropriate by the lieutenant governor;
497
(v) receive and answer election questions and maintain an election file on opinions
498
received from the attorney general;
499
(vi) maintain a current list of registered political parties as defined in Section
500
20A-8-101;
501
(vii) maintain election returns and statistics;
502
(viii) certify to the governor the names of individuals nominated to run for, or elected
503
to, office;
504
(ix) ensure that all voting equipment purchased by the state complies with the
505
requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
506
(x) during a declared emergency, to the extent that the lieutenant governor determines
507
it warranted, designate, as provided in Section 20A-1-308, a different method,
- 15 - S.B. 341 02-27 08:29
508
time, or location relating to:
509
(A) voting on election day;
510
(B) early voting;
511
(C) the transmittal or voting of an absentee ballot or military-overseas ballot;
512
(D) the counting of an absentee ballot or military-overseas ballot; or
513
(E) the canvassing of election returns; and
514
(xi) exercise all other election authority, and perform other election duties, as
515
provided in Title 20A, Election Code[.] ; and
516
(b) [As] as chief election officer, the lieutenant governor:
517
(i) shall oversee all elections, and functions relating to elections, in the state;
518
(ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance
519
by an election officer with legal requirements relating to elections; and
520
(iii) may not assume the responsibilities assigned to the county clerks, city recorders,
521
town clerks, or other local election officials by Title 20A, Election Code.
522
(3)(a) The lieutenant governor shall:
523
(i) determine a new municipality's classification under Section 10-2-301 upon the
524
city's incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a
525
Municipality, based on the municipality's population using the population estimate
526
from the Utah Population Committee; and
527
(ii)(A) prepare a certificate indicating the class in which the new municipality
528
belongs based on the municipality's population; and
529
(B) within 10 days after preparing the certificate, deliver a copy of the certificate
530
to the municipality's legislative body.
531
(b) The lieutenant governor shall:
532
(i) determine the classification under Section 10-2-301 of a consolidated municipality
533
upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part
534
6, Consolidation of Municipalities, using population information from:
535
(A) each official census or census estimate of the United States Bureau of the
536
Census; or
537
(B) the population estimate from the Utah Population Committee, if the
538
population of a municipality is not available from the United States Bureau of
539
the Census; and
540
(ii)(A) prepare a certificate indicating the class in which the consolidated
541
municipality belongs based on the municipality's population; and
- 16 - 02-27 08:29 S.B. 341
542
(B) within 10 days after preparing the certificate, deliver a copy of the certificate
543
to the consolidated municipality's legislative body.
544
(c) The lieutenant governor shall monitor the population of each municipality using
545
population information from:
546
(i) each official census or census estimate of the United States Bureau of the Census;
547
or
548
(ii) the population estimate from the Utah Population Committee, if the population of
549
a municipality is not available from the United States Bureau of the Census.
550
(d) If the applicable population figure under Subsection (3)(b) or (c) indicates that a
551
municipality's population has increased beyond the population for its current class,
552
the lieutenant governor shall:
553
(i) prepare a certificate indicating the class in which the municipality belongs based
554
on the increased population figure; and
555
(ii) within 10 days after preparing the certificate, deliver a copy of the certificate to
556
the legislative body of the municipality whose class has changed.
557
(e)(i) If the applicable population figure under Subsection (3)(b) or (c) indicates that
558
a municipality's population has decreased below the population for its current
559
class, the lieutenant governor shall send written notification of that fact to the
560
municipality's legislative body.
561
(ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality
562
whose population has decreased below the population for its current class, the
563
lieutenant governor shall:
564
(A) prepare a certificate indicating the class in which the municipality belongs
565
based on the decreased population figure; and
566
(B) within 10 days after preparing the certificate, deliver a copy of the certificate
567
to the legislative body of the municipality whose class has changed.
568
Section 9. Repealer.
569
This bill repeals:
570
Section 20A-1-801, Title.
571
Section 10. Effective Date.
572
This bill takes effect on May 7, 2025.
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