Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 207 Sixth Substitute (2015GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/27/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines and amends terms;
• amends and corrects provisions relating to primary elections;
• changes the date on which a county clerk is required to provide an election notice;
• modifies the political party registration petition;
• modifies provisions relating to a declaration of candidacy;
• amends provisions relating to notifications that a qualified political party is required to provide to the lieutenant governor;
• amends ballot provisions;
• modifies provisions relating to rulemaking authority;
• amends provisions relating to candidate nomination and certification;
• amends provisions relating to nomination petitions;
• amends provisions relating to straight party voting;
• modifies requirements relating to reporting by a corporation or a lobbyist; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

POLITICAL ACTIVITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill amends provisions of the Election Code and the Lobbyist Disclosure and
Regulation Act.
Highlighted Provisions:
This bill:
▸ defines and amends terms;
▸ amends and corrects provisions relating to primary elections;
▸ changes the date on which a county clerk is required to provide an election notice;
▸ modifies the political party registration petition;
▸ modifies provisions relating to a declaration of candidacy;
▸ amends provisions relating to notifications that a qualified political party is required
to provide to the lieutenant governor;
▸ amends ballot provisions;
▸ modifies provisions relating to rulemaking authority;
▸ amends provisions relating to candidate nomination and certification;
▸ amends provisions relating to nomination petitions;
▸ amends provisions relating to straight party voting;
▸ modifies requirements relating to reporting by a corporation or a lobbyist; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2014, Chapters 17, 31, 231, 362, and 391
20A-1-201.5
, as last amended by Laws of Utah 2013, Chapter 320
20A-3-106
, as last amended by Laws of Utah 2006, Chapter 326
20A-5-101
, as last amended by Laws of Utah 2014, Chapters 17 and 362
20A-6-303
, as last amended by Laws of Utah 2014, Chapter 17
20A-6-304
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-101
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-201
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-202
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-403
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-406
, as enacted by Laws of Utah 2014, Chapter 17
20A-9-407
, as enacted by Laws of Utah 2014, Chapter 17
20A-9-408
, as enacted by Laws of Utah 2014, Chapter 17
20A-9-701
, as last amended by Laws of Utah 2014, Chapter 17
20A-11-701
, as last amended by Laws of Utah 2013, Chapters 318 and 420
36-11-201
, as last amended by Laws of Utah 2010, Chapter 325
ENACTS:
20A-9-408.5
, Utah Code Annotated 1953
20A-9-411
, Utah Code Annotated 1953
20A-11-705
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-102
 is amended to read:
20A-1-102.
Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive
voter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
upon which a voter records the voter's votes.
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
envelopes.
(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
(a) contain the names of offices and candidates and statements of ballot propositions to
be voted on; and
(b) are used in conjunction with ballot sheets that do not display that information.
(5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature;
(b) a constitutional amendment;
(c) an initiative;
(d) a referendum;
(e) a bond proposition;
(f) a judicial retention question;
(g) an incorporation of a city or town; or
(h) any other ballot question specifically authorized by the Legislature.
(6) "Ballot sheet":
(a) means a ballot that:
(i) consists of paper or a card where the voter's votes are marked or recorded; and
(ii) can be counted using automatic tabulating equipment; and
(b) includes punch card ballots and other ballots that are machine-countable.
(7) "Bind," "binding," or "bound" means securing more than one piece of paper
together with a staple or stitch in at least three places across the top of the paper in the blank
space reserved for securing the paper.
(8) "Board of canvassers" means the entities established by Sections 
20A-4-301
 and
20A-4-306
 to canvass election returns.
(9) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(10) "Book voter registration form" means voter registration forms contained in a
bound book that are used by election officers and registration agents to register persons to vote.
(11) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(12) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(13) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(15) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(16) "Convention" means the political party convention at which party officers and
delegates are selected.
(17) "Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(18) "Counting judge" means a poll worker designated to count the ballots during
election day.
(19) "Counting poll watcher" means a person selected as provided in Section
20A-3-201
 to witness the counting of ballots.
(20) "Counting room" means a suitable and convenient private place or room,
immediately adjoining the place where the election is being held, for use by the poll workers
and counting judges to count ballots during election day.
(21) "County officers" means those county officers that are required by law to be
elected.
(22) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election
occurs; and
(b) does not include:
(i) deadlines established for absentee voting; or
(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
Voting.
(23) "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
;
(b) a person who is considered to be elected to a municipal office in accordance with
Subsection 
20A-1-206
(1)(c)(ii); or
(c) a person who is considered to be elected to a local district office in accordance with
Subsection 
20A-1-206
(3)(c)(ii).
(24) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal
primary election, and a local district election.
(25) "Election Assistance Commission" means the commission established by Public
Law 107-252, the Help America Vote Act of 2002.
(26) "Election cycle" means the period beginning on the first day persons are eligible to
file declarations of candidacy and ending when the canvass is completed.
(27) "Election judge" means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place;
(b) act as the presiding election judge; or
(c) serve as a canvassing judge, counting judge, or receiving judge.
(28) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(c) the municipal clerk for:
(i) a municipal ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(d) the local district clerk or chief executive officer for:
(i) a local district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
; or
(e) the business administrator or superintendent of a school district for:
(i) a school district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
.
(29) "Election official" means any election officer, election judge, or poll worker.
(30) "Election results" means:
(a) for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b) for bond elections, the count of those votes cast for and against the bond
proposition plus any or all of the election returns that the board of canvassers may request.
(31) "Election returns" includes the pollbook, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
form, and the total votes cast form.
(32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
device or other voting device that records and stores ballot information by electronic means.
(33) "Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign
the record.
(34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
(b) "Electronic voting device" includes a direct recording electronic voting device.
(35) "Inactive voter" means a registered voter who has:
(a) been sent the notice required by Section 
20A-2-306
; and
(b) failed to respond to that notice.
(36) "Inspecting poll watcher" means a person selected as provided in this title to
witness the receipt and safe deposit of voted and counted ballots.
(37) "Judicial office" means the office filled by any judicial officer.
(38) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
(39) "Local district" means a local government entity under Title 17B, Limited Purpose
Local Government Entities - Local Districts, and includes a special service district under Title
17D, Chapter 1, Special Service District Act.
(40) "Local district officers" means those local district board members that are required
by law to be elected.
(41) "Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a local district election, and a bond
election.
(42) "Local political subdivision" means a county, a municipality, a local district, or a
local school district.
(43) "Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision may
vote.
(44) "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 
10-3b-102
;
or
(b) the mayor in the council-manager form of government defined in Subsection
10-3b-103
(6).
(45) "Municipal general election" means the election held in municipalities and, as
applicable, local districts on the first Tuesday after the first Monday in November of each
odd-numbered year for the purposes established in Section 
20A-1-202
.
(46) "Municipal legislative body" means the council of the city or town in any form of
municipal government.
(47) "Municipal office" means an elective office in a municipality.
(48) "Municipal officers" means those municipal officers that are required by law to be
elected.
(49) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(50) "Official ballot" means the ballots distributed by the election officer to the poll
workers to be given to voters to record their votes.
(51) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) the facsimile signature of the election officer; and
(b) the information on the ballot stub that identifies:
(i) the poll worker's initials; and
(ii) the ballot number.
(52) "Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section 
20A-5-401
.
(53) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be
voted on; and
(b) spaces for the voter to record the voter's vote for each office and for or against each
ballot proposition.
(54) "Pilot project" means the election day voter registration pilot project created in
Section 
20A-4-108
.
(55) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party Formation
and Procedures.
(56) "Pollbook" means a record of the names of voters in the order that they appear to
cast votes.
(57) "Polling place" means the building where voting is conducted.
(58) (a) "Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
(59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks the voter's choice.
(60) "Primary convention" means the political party conventions held during the year
of the regular general election.
(61) "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
(62) "Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(63) "Provisional ballot" means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place;
(b) whose legal right to vote is challenged as provided in this title; or
(c) whose identity was not sufficiently established by a poll worker.
(64) "Provisional ballot envelope" means an envelope printed in the form required by
Section 
20A-6-105
 that is used to identify provisional ballots and to provide information to
verify a person's legal right to vote.
(65) "Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the person was elected.
(66) "Receiving judge" means the poll worker that checks the voter's name in the
official register, provides the voter with a ballot, and removes the ballot stub from the ballot
after the voter has voted.
(67) "Registration form" means a book voter registration form and a by-mail voter
registration form.
(68) "Regular ballot" means a ballot that is not a provisional ballot.
(69) "Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 
20A-1-201
.
(70) "Regular primary election" means the election on the fourth Tuesday of June of
each even-numbered year, to nominate candidates of political parties and candidates for
nonpartisan local school board positions to advance to the regular general election.
(71) "Resident" means a person who resides within a specific voting precinct in Utah.
(72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
and distributed as provided in Section 
20A-5-405
.
(73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
punch the ballot for one or more candidates who are members of different political parties 
or
who are unaffiliated
.
(74) "Secrecy envelope" means the envelope given to a voter along with the ballot into
which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
the voter's vote.
(75) "Special election" means an election held as authorized by Section 
20A-1-203
.
(76) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
(77) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(78) "Stub" means the detachable part of each ballot.
(79) "Substitute ballots" means replacement ballots provided by an election officer to
the poll workers when the official ballots are lost or stolen.
(80) "Ticket" means each list of candidates for each political party or for each group of
petitioners.
(81) "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(82) "Vacancy" means the absence of a person to serve in any position created by
statute, whether that absence occurs because of death, disability, disqualification, resignation,
or other cause.
(83) "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which may
include:
(i) a currently valid Utah driver license;
(ii) a currently valid identification card that is issued by:
(A) the state; or
(B) a branch, department, or agency of the United States;
(iii) a currently valid Utah permit to carry a concealed weapon;
(iv) a currently valid United States passport; or
(v) a currently valid United States military identification card;
(b) one of the following identification cards, whether or not the card includes a
photograph of the voter:
(i) a valid tribal identification card;
(ii) a Bureau of Indian Affairs card; or
(iii) a tribal treaty card; or
(c) two forms of identification not listed under Subsection (83)(a) or (b) but that bear
the name of the voter and provide evidence that the voter resides in the voting precinct, which
may include:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;
(ii) a bank or other financial account statement, or a legible copy thereof;
(iii) a certified birth certificate;
(iv) a valid Social Security card;
(v) a check issued by the state or the federal government or a legible copy thereof;
(vi) a paycheck from the voter's employer, or a legible copy thereof;
(vii) a currently valid Utah hunting or fishing license;
(viii) certified naturalization documentation;
(ix) a currently valid license issued by an authorized agency of the United States;
(x) a certified copy of court records showing the voter's adoption or name change;
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii) a currently valid identification card issued by:
(A) a local government within the state;
(B) an employer for an employee; or
(C) a college, university, technical school, or professional school located within the
state; or
(xiii) a current Utah vehicle registration.
(84) "Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
(85) "Voter" means a person who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book.
(86) "Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(87) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(88) "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting machine enclosure or curtain; or
(b) a voting device that is free standing.
(89) "Voting device" means:
(a) an apparatus in which ballot sheets are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance;
(c) an electronic voting device or other device used to make selections and cast a ballot
electronically, or any component thereof;
(d) an automated voting system under Section 
20A-5-302
; or
(e) any other method for recording votes on ballots so that the ballot may be tabulated
by means of automatic tabulating equipment.
(90) "Voting machine" means a machine designed for the sole purpose of recording
and tabulating votes cast by voters at an election.
(91) "Voting poll watcher" means a person appointed as provided in this title to
witness the distribution of ballots and the voting process.
(92) "Voting precinct" means the smallest voting unit established as provided by law
within which qualified voters vote at one polling place.
(93) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
poll watcher, and a testing watcher.
(94) "Western States Presidential Primary" means the election established in Chapter 9,
Part 8, Western States Presidential Primary.
(95) "Write-in ballot" means a ballot containing any write-in votes.
(96) "Write-in vote" means a vote cast for a person whose name is not printed on the
ballot according to the procedures established in this title.
Section 2. Section 
20A-1-201.5
 is amended to read:
20A-1-201.5.
Primary election dates.
(1) A regular primary election shall be held throughout the state on the fourth Tuesday
of June of each even numbered year as provided in Section 
20A-9-403
, 
20A-9-407
, or
20A-9-408
, as applicable,
 to nominate persons for national, state, school board, and county
offices.
(2) A municipal primary election shall be held, if necessary, on the second Tuesday
following the first Monday in August before the regular municipal election to nominate persons
for municipal offices.
(3) If the Legislature makes an appropriation for a Western States Presidential Primary
election, the Western States Presidential Primary election shall be held throughout the state on
the first Tuesday in February in the year in which a presidential election will be held.
Section 3. Section 
20A-3-106
 is amended to read:
20A-3-106.
Voting straight ticket -- Splitting ballot -- Writing in names -- Effect
of unnecessary marking of cross.
(1) When voting a paper ballot, any voter desiring to vote for all the candidates 
who are
listed on the ballot as being
 from any one registered political party may:
(a) mark in the circle or position above that political party;
(b) mark in the squares or position opposite the names of all candidates for that party
ticket; or
(c) make both markings.
(2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates 
who
are listed on the ballot as being
 from any one registered political party may:
(i) mark the selected party on the straight party page or section; or
(ii) mark the name of each candidate from that party.
(b) To vote for candidates from two or more political parties, the voter may:
(i) mark in the squares or positions opposite the names of the candidates for whom the
voter wishes to vote without marking in any circle; or
(ii) indicate [
his
] 
the voter's
 choice by
:
(A)
 marking in the circle or position above one political party
;
 and
(B)
 marking in the squares or positions opposite the names of desired candidates 
who
are members of any party, are unaffiliated, or are listed without party name
.
(3) (a) When voting an electronic ballot, any voter desiring to vote for all the
candidates 
who are listed on the ballot as being
 from any one registered political party may:
(i) select that party on the straight party selection area; or
(ii) select the name of each candidate from that party.
(b) To vote for candidates from two or more political parties, the voter may:
(i) select the names of the candidates for whom the voter wishes to vote without
selecting a political party in the straight party selection area; or
(ii) 
(A)
 select a political party in the straight party selection area
;
 and
(B)
 select the names of the candidates for whom the voter wishes to vote 
who are
members of any party, are unaffiliated, or are listed without party name
.
(4) In any election other than a primary election, if a voter voting a ballot has selected
or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
for a person on another party ticket for an office
, or for an unaffiliated candidate
, the voter shall
select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.
(5) (a) The voter may cast a write-in vote on a paper ballot or ballot sheet:
(i) by entering the name of a valid write-in candidate:
(A) by writing the name of a valid write-in candidate in the blank write-in section of
the ballot; or
(B) by affixing a sticker with the office and name of the valid write-in name printed on
it in the blank write-in part of the ballot; and
(ii) by placing a mark opposite the name of the write-in candidate to indicate the voter's
vote.
(b) On a paper ballot or ballot sheet, a voter is considered to have voted for the person
whose name is written or whose sticker appears in the blank write-in part of the ballot, if a
mark is made opposite that name.
(c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a square on
the ticket below the marked circle does not affect the validity of the vote.
(6) The voter may cast a write-in vote on an electronic ballot by:
(a) marking the appropriate position opposite the area for entering a write-in candidate
for the office sought by the candidate for whom the voter wishes to vote; and
(b) entering the name of a valid write-in candidate in the write-in selection area.
Section 4. Section 
20A-5-101
 is amended to read:
20A-5-101.
Notice of election.
(1) On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a) designates the offices to be filled at the next year's regular general election;
(b) identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures
, as applicable,
 under [
Section
] 
Sections
20A-9-403
,
20A-9-407
, and 
20A-9-408
 for those offices;
(c) includes the master ballot position list for the next year and the year following as
established under Section 
20A-6-305
; and
(d) contains a description of any ballot propositions to be decided by the voters that
have qualified for the ballot as of that date.
(2) (a) No later than [
November 15 in the year before the regular general election year
]
seven business days after the day on which the lieutenant governor transmits the written notice
described in Subsection (1)
, each county clerk shall:
(i) publish a notice:
(A) once in a newspaper published in that county; and
(B) as required in Section 
45-1-101
; or
(ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
give notice of the election to the voters in each voting precinct within the county; and
(B) prepare an affidavit of that posting, showing a copy of the notice and the places
where the notice was posted.
(b) The notice required by Subsection (2)(a) shall:
(i) designate the offices to be voted on in that election; and
(ii) identify the dates for filing a declaration of candidacy for those offices.
(3) Before each election, the election officer shall give written or printed notice of:
(a) the date and place of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct;
(d) an election day voting center designated under Section 
20A-3-703
; and
(e) the qualifications for persons to vote in the election.
(4) To provide the notice required by Subsection (3), the election officer shall publish
the notice at least two days before the election:
(a) in a newspaper of general circulation common to the area or in which the election is
being held; and
(b) as required in Section 
45-1-101
.
Section 5. Section 
20A-6-303
 is amended to read:
20A-6-303.
Regular general election -- Ballot sheets.
(1) Each election officer shall ensure that:
(a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
approximately the same order as paper ballots;
(b) the titles of offices and the names of candidates are printed in vertical columns or in
a series of separate pages;
(c) the ballot sheet or any pages used for the ballot label are of sufficient number to
include, after the list of candidates:
(i) the names of candidates for judicial offices and any other nonpartisan offices; and
(ii) any ballot propositions submitted to the voters for their approval or rejection;
(d) (i) a voting square or position is included where the voter may record a straight
party ticket vote for all the candidates [
of
] 
who are listed on the ballot as being from
 one party
by one mark or punch; and
(ii) the name of each political party listed in the straight party selection area includes
the word "party" at the end of the party's name;
(e) the tickets are printed in the order specified under Section 
20A-6-305
;
(f) the office titles are printed immediately adjacent to the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
(g) the party designation of each candidate who has been nominated by a registered
political party under Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5) is printed
immediately adjacent to the candidate's name; and
(h) (i) if possible, all candidates for one office are grouped in one column or upon one
page;
(ii) if all candidates for one office cannot be listed in one column or grouped on one
page:
(A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
candidates is continued on the following column or page; and
(B) approximately the same number of names shall be printed in each column or on
each page.
(2) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed in accordance with
Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are listed in accordance with Section
20A-6-107
; and
(c) bond propositions that have qualified for the ballot are listed under the title
assigned to each bond proposition under Section 
11-14-206
.
Section 6. Section 
20A-6-304
 is amended to read:
20A-6-304.
Regular general election -- Electronic ballots.
(1) Each election officer shall ensure that:
(a) the format and content of the electronic ballot is arranged in approximately the
same order as paper ballots;
(b) the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate display screens;
(c) the electronic ballot is of sufficient length to include, after the list of candidates:
(i) the names of candidates for judicial offices and any other nonpartisan offices; and
(ii) any ballot propositions submitted to the voters for their approval or rejection;
(d) (i) a voting square or position is included where the voter may record a straight
party ticket vote for all the candidates [
of
] 
who are listed on the ballot as being from
 one party
by making a single selection; and
(ii) the name of each political party listed in the straight party selection area includes
the word "party" at the end of the party's name;
(e) the tickets are displayed in the order specified under Section 
20A-6-305
;
(f) the office titles are displayed above or at the side of the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
(g) the party designation of each candidate who has been nominated by a registered
political party under Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5) is displayed
adjacent to the candidate's name; and
(h) if possible, all candidates for one office are grouped in one column or upon one
display screen.
(2) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are displayed in accordance with
Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are displayed in accordance with Section
20A-6-107
; and
(c) bond propositions that have qualified for the ballot are displayed under the title
assigned to each bond proposition under Section 
11-14-206
.
Section 7. Section 
20A-9-101
 is amended to read:
20A-9-101.
Definitions.
As used in this chapter:
(1) (a) "Candidates for elective office" means persons who file a declaration of
candidacy under Section 
20A-9-202
 to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b) "Candidates for elective office" does not mean candidates for:
(i) justice or judge of court of record or not of record;
(ii) presidential elector;
(iii) any political party offices; and
(iv) municipal or local district offices.
(2) "Constitutional office" means the state offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(3) "Continuing political party" [
is as
] 
means the same as that term is
 defined in
Section 
20A-8-101
.
(4) (a) "County office" means an elective office where the office holder is selected by
voters entirely within one county.
(b) "County office" does not mean:
(i) the office of justice or judge of any court of record or not of record;
(ii) the office of presidential elector;
(iii) any political party offices;
(iv) any municipal or local district offices; and
(v) the office of United States Senator and United States Representative.
(5) "Federal office" means an elective office for United States Senator and United
States Representative.
(6) "Filing officer" means:
(a) the lieutenant governor, for:
(i) the office of United States Senator and United States Representative; and
(ii) all constitutional offices;
(b) the county clerk, for county offices and local school district offices, and the county
clerk in the filer's county of residence, for multicounty offices;
(c) the city or town clerk, for municipal offices; and
(d) the local district clerk, for local district offices.
(7) "Local district office" means an elected office in a local district.
(8) "Local government office" includes county offices, municipal offices, and local
district offices and other elective offices selected by the voters from a political division entirely
within one county.
(9) (a) "Multicounty office" means an elective office where the office holder is selected
by the voters from more than one county.
(b) "Multicounty office" does not mean:
(i) a county office;
(ii) a federal office;
(iii) the office of justice or judge of any court of record or not of record;
(iv) the office of presidential elector;
(v) any political party offices; and
(vi) any municipal or local district offices.
(10) "Municipal office" means an elective office in a municipality.
(11) (a) "Political division" means a geographic unit from which an office holder is
elected and that an office holder represents.
(b) "Political division" includes a county, a city, a town, a local district, a school
district, a legislative district, and a county prosecution district.
(12) "Qualified political party" means a registered political party that:
(a) permits voters who are unaffiliated with any political party to vote for the registered
political party's candidates in a primary election;
(b) (i) permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii) provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(c) does not hold the registered political party's convention before [
April 1
] 
the fourth
Saturday in March
 of an even-numbered year;
(d) permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the nomination by
either or both of the following methods:
(i) seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section 
20A-9-407
; or
(ii) seeking the nomination by collecting signatures, in accordance with the provisions
of Section 
20A-9-408
; and
(e) 
(i) if the registered political party is a continuing political party,
 no later than 5 p.m.
on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
election in the following year, the registered political party intends to nominate the registered
political party's candidates in accordance with the provisions of [
Sections 
20A-9-407
 and
20A-9-408
.
] 
Section 
20A-9-406
; or
(ii) if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section 
20A-8-103
 that, for
the next election, the registered political party intends to nominate the registered political
party's candidates in accordance with the provisions of Section 
20A-9-406
.
Section 8. Section 
20A-9-201
 is amended to read:
20A-9-201.
Declarations of candidacy -- Candidacy for more than one office or of
more than one political party prohibited with exceptions -- General filing and form
requirements -- Affidavit of impecuniosity.
(1) Before filing a declaration of candidacy for election to any office, a person shall:
(a) be a United States citizen;
(b) meet the legal requirements of that office; and
(c) if seeking a registered political party's nomination as a candidate for elective office,
[
designate that registered political party as their preferred party affiliation on their declaration
of candidacy.
] 
state:
(i) the registered political party of which the person is a member; or
(ii) that the person is not a member of a registered political party.
(2) (a) Except as provided in Subsection (2)(b), [
a person
] 
an individual
 may not:
(i) file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year; [
or
]
(ii) appear on the ballot as the candidate of more than one political party[
.
]
; or
(iii) file a declaration of candidacy for a registered political party of which the
individual is not a member, except to the extent that the registered political party permits
otherwise in the registered political party's bylaws.
(b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
or vice president of the United States and another office, if the person resigns the person's
candidacy for the other office after the person is officially nominated for president or vice
president of the United States.
(ii) A person may file a declaration of candidacy for, or be a candidate for, more than
one justice court judge office.
(iii) A person may file a declaration of candidacy for lieutenant governor even if the
person filed a declaration of candidacy for another office in the same election year if the person
withdraws as a candidate for the other office in accordance with Subsection 
20A-9-202
(6)
before filing the declaration of candidacy for lieutenant governor.
(3) (a) (i) Except for presidential candidates, before the filing officer may accept any
declaration of candidacy, the filing officer shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those
requirements.
(ii) Before accepting a declaration of candidacy for the office of county attorney, the
county clerk shall ensure that the person filing that declaration of candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
(C) a registered voter in the county in which the person is seeking office; and
(D) a current resident of the county in which the person is seeking office and either has
been a resident of that county for at least one year or was appointed and is currently serving as
county attorney and became a resident of the county within 30 days after appointment to the
office.
(iii) Before accepting a declaration of candidacy for the office of district attorney, the
county clerk shall ensure that, as of the date of the election, the person filing that declaration of
candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
(C) a registered voter in the prosecution district in which the person is seeking office;
and
(D) a current resident of the prosecution district in which the person is seeking office
and either will have been a resident of that prosecution district for at least one year as of the
date of the election or was appointed and is currently serving as district attorney and became a
resident of the prosecution district within 30 days after receiving appointment to the office.
(iv) Before accepting a declaration of candidacy for the office of county sheriff, the
county clerk shall ensure that the person filing the declaration of candidacy:
(A) as of the date of filing:
(I) is a United States citizen;
(II) is a registered voter in the county in which the person seeks office;
(III) (Aa) has successfully met the standards and training requirements established for
law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
Certification Act; or
(Bb) has met the waiver requirements in Section 
53-6-206
; and
(IV) is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(B) as of the date of the election, shall have been a resident of the county in which the
person seeks office for at least one year.
(v) Before accepting a declaration of candidacy for the office of governor, lieutenant
governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
Education member, the filing officer shall ensure:
(A) that the person filing the declaration of candidacy also files the financial disclosure
required by Section 
20A-11-1603
; and
(B) if the filing officer is not the lieutenant governor, that the financial disclosure is
provided to the lieutenant governor according to the procedures and requirements of Section
20A-11-1603
.
(b) If the prospective candidate states that the qualification requirements for the office
are not met, the filing officer may not accept the prospective candidate's declaration of
candidacy.
(c) If the candidate meets the requirements of Subsection (3)(a) and states that the
requirements of candidacy are met, the filing officer shall:
(i) inform the candidate that:
(A) the candidate's name will appear on the ballot as it is written on the declaration of
candidacy;
(B) the candidate may be required to comply with state or local campaign finance
disclosure laws; and
(C) the candidate is required to file a financial statement before the candidate's political
convention under:
(I) Section 
20A-11-204
 for a candidate for constitutional office;
(II) Section 
20A-11-303
 for a candidate for the Legislature; or
(III) local campaign finance disclosure laws, if applicable;
(ii) except for a presidential candidate, provide the candidate with a copy of the current
campaign financial disclosure laws for the office the candidate is seeking and inform the
candidate that failure to comply will result in disqualification as a candidate and removal of the
candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer;
(v) accept the candidate's declaration of candidacy; and
(vi) if the candidate has filed for a partisan office, provide a certified copy of the
declaration of candidacy to the chair of the county or state political party of which the
candidate is a member.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
(4) (a) Except for presidential candidates, the form of the declaration of candidacy
shall
:
(i)
 be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of the ____ party[
, which is my preferred political party affiliation
]. I do
solemnly swear that: I will meet the qualifications to hold the office, both legally and
constitutionally, if selected; I reside at _____________ in the City or Town of ____,
Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
campaigns and elections; I will file all campaign financial disclosure reports as required
by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address
that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath.)"
; and
(ii) require the candidate to state, in the sworn statement described in Subsection
(4)(a)(i):
(A) the registered political party of which the candidate is a member; or
(B) that the candidate is not a member of a registered political party.
(b) An agent designated to file a declaration of candidacy under Section 
20A-9-202
may not sign the form described in Subsection (4)(a).
(5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
is:
(i) $50 for candidates for the local school district board; and
(ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b) Except for presidential candidates, the filing officer shall refund the filing fee to
any candidate:
(i) who is disqualified; or
(ii) who the filing officer determines has filed improperly.
(c) (i) The county clerk shall immediately pay to the county treasurer all fees received
from candidates.
(ii) The lieutenant governor shall:
(A) apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
(B) ensure that each county receives that proportion of the total amount paid to the
lieutenant governor from the congressional district that the total vote of that county for all
candidates for representative in Congress bears to the total vote of all counties within the
congressional district for all candidates for representative in Congress.
(d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
a financial statement filed at the time the affidavit is submitted.
(ii) A person who is able to pay the filing fee may not claim impecuniosity.
(iii) (A) False statements made on an affidavit of impecuniosity or a financial
statement filed under this section shall be subject to the criminal penalties provided under
Sections 
76-8-503
 and 
76-8-504
 and any other applicable criminal provision.
(B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
considered an offense under this title for the purposes of assessing the penalties provided in
Subsection 
20A-1-609
(2).
(iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
substantially the following form:
"Affidavit of Impecuniosity
Individual Name
____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
law.
Date ______________ Signature________________________________________________
Affiant
Subscribed and sworn to before me on ___________ (month\day\year)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath 
______________________"
(v) The filing officer shall provide to a person who requests an affidavit of
impecuniosity a statement printed in substantially the following form, which may be included
on the affidavit of impecuniosity:
"Filing a false statement is a criminal offense. In accordance with Section 
20A-1-609
, a
candidate who is found guilty of filing a false statement, in addition to being subject to criminal
penalties, will be removed from the ballot."
(vi) The filing officer may request that a person who makes a claim of impecuniosity
under this Subsection (5)(d) file a financial statement on a form prepared by the election
official.
(6) (a) If there is no legislative appropriation for the Western States Presidential
Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
president of the United States who is affiliated with a registered political party and chooses to
participate in the regular primary election shall:
(i) file a declaration of candidacy, in person or via a designated agent, with the
lieutenant governor:
(A) on a form developed and provided by the lieutenant governor; and
(B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
March before the next regular primary election;
(ii) identify the registered political party whose nomination the candidate is seeking;
(iii) provide a letter from the registered political party certifying that the candidate may
participate as a candidate for that party in that party's presidential primary election; and
(iv) pay the filing fee of $500.
(b) An agent designated to file a declaration of candidacy may not sign the form
described in Subsection (6)(a)(i)(A).
(7) Any person who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
(8) A declaration of candidacy filed under this section may not be amended or
modified after the final date established for filing a declaration of candidacy.
Section 9. Section 
20A-9-202
 is amended to read:
20A-9-202.
Declarations of candidacy for regular general elections.
(1) (a) Each person seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the filing officer on or after January 1
of the regular general election year, and
, if applicable,
 before the candidate circulates
nomination petitions under Section 
20A-9-405
; and
(ii) pay the filing fee.
(b) Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after it is filed.
(c) Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of candidates who have filed in their office.
(d) Each person seeking the office of lieutenant governor, the office of district attorney,
or the office of president or vice president of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general election
shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district on or after January 1 of the regular general election year, and
before the candidate circulates nomination petitions under Section 
20A-9-405
; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the office of
district attorney.
(3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor;
(ii) pay the filing fee; and
(iii) submit a letter from a candidate for governor who has received certification for the
primary-election ballot under Section 
20A-9-403
 that names the lieutenant governor candidate
as a joint-ticket running mate.
(b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
lieutenant governor is disqualified, another candidate shall file to replace the disqualified
candidate.
(4) Each registered political party shall:
(a) certify the names of its candidates for president and vice president of the United
States to the lieutenant governor no later than August 31; or
(b) provide written authorization for the lieutenant governor to accept the certification
of candidates for president and vice president of the United States from the national office of
the registered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor within five days after the last day for
filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is
sustained or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of its discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by
filing a written affidavit with the clerk.
(7) Except as provided in Subsection 
20A-9-201
(4)(b), notwithstanding a requirement
in this section to file a declaration of candidacy in person, a person may designate an agent to
file the form described in Subsection 
20A-9-201
(4) in person with the filing officer if:
(a) the person is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the person is a member of:
(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States who is on active duty;
(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric Administration of the United
States; or
(C) the National Guard on activated status;
(b) the person communicates with the filing officer using an electronic device that
allows the person and filing officer to see and hear each other; and
(c) the person provides the filing officer with an email address to which the filing
officer may send the copies described in Subsection 
20A-9-201
(3).
Section 10. Section 
20A-9-403
 is amended to read:
20A-9-403.
Regular primary elections.
(1) (a) Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people in the
manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
designated as regular primary election day. Nothing in this section shall affect a candidate's
ability to qualify for a regular general election's ballot as an unaffiliated candidate under
Section 
20A-9-501
 or to participate in a regular general election as a write-in candidate under
Section 
20A-9-601
.
(b) Each registered political party that chooses to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election shall
comply with the requirements of this section and shall nominate its candidates for elective
office in the manner prescribed in this section.
(c) A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party or any
other political group and a candidate for elective office who was not nominated in the manner
prescribed in this section or in Subsection 
20A-9-202
(4).
(d) Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i) either declare their intent to participate in the next regular primary election or
declare that the registered political party chooses not to have the names of its candidates for
elective office featured on the ballot at the next regular general election; 
and
(ii) if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may vote for the
registered political party's candidates and whether or not persons identified as unaffiliated with
a political party may vote for the registered political party's candidates[
; and
]
.
[
(iii) if the registered political party participates in the upcoming regular primary
election, indicate whether it chooses to nominate unopposed candidates without their name
appearing on the ballot, as described under Subsection (5)(c).
]
(b) 
(i)
 A registered political party that is a continuing political party must file the
statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
November 15 of each odd-numbered year.
(ii)
 An organization that is seeking to become a registered political party under Section
20A-8-103
 must file the statement described in [
Subsection (2)(b) no later than 5 p.m. on
February 15
] 
Subsection (2)(a) at the time that the registered political party files the petition
described in Section 
20A-8-103
.
(3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
declaration of candidacy under Section 
20A-9-202
 shall appear as a candidate for elective
office on the regular primary ballot of the registered political party listed on the declaration of
candidacy only if the person is certified by the appropriate filing officer as having submitted a
set of nomination petitions that was:
(i) circulated and completed in accordance with Section 
20A-9-405
; and
(ii) signed by at least two percent of the registered political party's members who reside
in the political division of the office that the person seeks.
(b) A candidate for elective office shall submit nomination petitions to the appropriate
filing officer for verification and certification no later than 5 p.m. on the final day in March. 
Candidates may supplement their submissions at any time on or before the filing deadline.
(c) The lieutenant governor shall determine for each elective office the total number of
signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
of persons residing in each elective office's political division who have designated a particular
registered political party on their voter registration forms as of November 1 of each
odd-numbered year. The lieutenant governor shall publish this determination for each elective
office no later than November 15 of each odd-numbered year.
(d) The filing officer shall:
(i) verify signatures on nomination petitions in a transparent and orderly manner;
(ii) for all qualifying candidates for elective office who submitted nomination petitions
to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
the first Monday after the third Saturday in April;
(iii) consider active and inactive voters eligible to sign nomination petitions;
(iv) consider a person who signs a nomination petition a member of a registered
political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
political party as [
their preferred party affiliation on their
] 
the person's party membership on the
person's
 voter registration form [
prior to 5 p.m. on the final day in March
]; and
(v) utilize procedures described in Section 
20A-7-206.3
 to verify submitted nomination
petition signatures, or use statistical sampling procedures to verify submitted nomination
petition signatures pursuant to rules [
issued by the lieutenant governor
] 
made
 under Subsection
(3)(f).
(e) Notwithstanding any other provision in 
this
 Subsection (3), a candidate for
lieutenant governor may appear on the regular primary ballot of a registered political party
without submitting nomination petitions if the candidate files a declaration of candidacy and
complies with Subsection 
20A-9-202
(3).
[
(f) The lieutenant governor shall issue rules that
]
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, shall make rules that:
(i)
 provide for the use of statistical sampling procedures [
for
] 
that:
(A)
 filing officers 
are required to use
 to verify signatures under Subsection (3)(d)[
. 
The statistical sampling procedures shall
]
; and
(B)
 reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques[
. The lieutenant governor
may also issue supplemental rules and guidance that
]
; and
(ii)
 provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g) The county clerk shall:
(i) review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii) place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(iii) determine the order of the local board of education candidates' names on the ballot
in accordance with Section 
20A-6-305
.
(4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
governor shall provide to the county clerks:
(i) a list of the names of all candidates for federal, constitutional, multi-county, and
county offices who have received certifications under Subsection (3), along with instructions
on how those names shall appear on the primary-election ballot in accordance with Section
20A-6-305
; and
(ii) a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
candidates from the primary-election ballot.
(b) A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary-election ballot.
(c) After the county clerk receives the certified list from the lieutenant governor under
Subsection (4)(a), the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day. 
Attest: county clerk."
(5) (a) Candidates, other than presidential candidates, receiving the highest number of
votes cast for each office at the regular primary election are nominated by their registered
political party for that office or are nominated as a candidate for a nonpartisan local school
board position.
(b) If two or more candidates, other than presidential candidates, are to be elected to
the office at the regular general election, those party candidates equal in number to positions to
be filled who receive the highest number of votes at the regular primary election are the
nominees of their party for those positions.
(c) A candidate who is unopposed for an elective office in the regular primary election
of a registered political party is nominated by the party for that office without appearing on the
primary ballot[
, provided that the party has chosen to nominate unopposed candidates under
Subsection (2)(a)(iii)
]. A candidate is "unopposed" if no person other than the candidate has
received a certification under Subsection (3) for the regular primary election ballot of the
candidate's registered political party for a particular elective office.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other
office that represents more than one county, the governor, lieutenant governor, and attorney
general shall, at a public meeting called by the governor and in the presence of the candidates
involved, select the nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district
court judges of the district in which the county is located shall, at a public meeting called by
the judges and in the presence of the candidates involved, select the nominee by lot cast in
whatever manner the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of the
county or state, in the same manner as for the regular general elections.
(8) An individual may not file a declaration of candidacy for a registered political party
of which the individual is not a member, except to the extent that the registered political party
permits otherwise under the registered political party's bylaws.
Section 11. Section 
20A-9-406
 is amended to read:
20A-9-406.
Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1) the qualified political party shall [
certify to the lieutenant governor
]
,
 no later than 5
p.m. on March 1 of each even-numbered year[
: (a)
]
, certify to the lieutenant governor
 the
identity of one or more registered political parties whose members may vote for the qualified
political party's candidates; [
and
]
[
(b) whether the qualified political party chooses to nominate unopposed candidates
without the names of the candidates appearing on the ballot, as described in Subsection
20A-9-403
(5)(c);
]
(2) the provisions of Subsections 
20A-9-403
(1) through (4)(a), Subsection
20A-9-403
(5)(c), and Section 
20A-9-405
 do not apply to a nomination for the qualified
political party;
(3) an individual may only [
obtain a
] 
seek the
 nomination [
for
] 
of
 the qualified
political party by using a method described in Section 
20A-9-407
, Section 
20A-9-408
, or both;
(4) the qualified political party shall comply with the provisions of Sections
20A-9-407
, 
20A-9-408
, and 
20A-9-409
;
(5) notwithstanding Subsection 
20A-6-301
(1)(a), (1)(g), or (2)(a), each election officer
shall ensure that a ballot described in Section 
20A-6-301
 includes each person nominated by a
qualified political party [
under Section 
20A-9-407
 or 
20A-9-408
]:
(a) under the qualified political party's name and emblem, if any; or
(b) under the title of the qualified registered political party as designated by the
qualified political party in the certification described in Subsection (1), or, if none is
designated, then under some suitable title;
(6) notwithstanding Subsection 
20A-6-302
(1)(a), each election officer shall ensure, for
paper ballots in regular general elections, that each candidate who is nominated by the qualified
political party is listed by party;
(7) notwithstanding Subsection 
20A-6-303
(1)(g), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
(8) notwithstanding Subsection 
20A-6-304
(1)(g), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on an electronic ballot;
(9) "candidates for elective office," defined in Subsection 
20A-9-101
(1)(a), also
includes an individual who files a declaration of candidacy under Section 
20A-9-407
 or
20A-9-408
 to run in a regular general election for a federal office, constitutional office,
multicounty office, or county office;
(10) an individual who is nominated by, or seeking the nomination of, the qualified
political party is not required to comply with Subsection 
20A-9-201
(1)(c);
(11) notwithstanding Subsection 
20A-9-403
(3), the qualified political party is entitled
to have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(12) notwithstanding Subsection 
20A-9-403
(4)(a), the lieutenant governor shall include
on the list provided by the lieutenant governor to the county clerks:
(a) the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b) the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates from the
primary-election ballot;
(13) notwithstanding Subsection 
20A-9-403
(5)(c), a candidate who is unopposed for an
elective office in the regular primary election of the qualified political party is nominated by
the party for that office without appearing on the primary ballot[
, provided that the party has
chosen to nominate unopposed candidates under Subsection 
20A-9-403
(2)(a)(iii)
]; and
(14) notwithstanding the provisions of Subsections 
20A-9-403
(1) and (2) and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 12. Section 
20A-9-407
 is amended to read:
20A-9-407.
 Convention process to seek the nomination of a qualified political
party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of a qualified political party for an elective office through the
qualified political party's convention [
nomination
] process.
(2) Notwithstanding Subsection 
20A-9-201
(4)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
[
follows:
] 
described in Section 
20A-9-408.5
.
[
"State of Utah, County of ____
]
[
I, ______________, declare my intention of becoming a candidate for the office of
____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections; I will file all campaign financial disclosure reports
as required by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address that I
designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath)."
]
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election, shall:
(a) file a declaration of candidacy in person with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(b) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district on or after the second Friday in March and before 5
p.m. on the third Thursday in March before the next regular general election; and
(b) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall submit a letter from the
candidate for governor that names the lieutenant governor candidate as a joint-ticket running
mate.
(6) (a) A qualified political party that nominates a candidate under this section shall
certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
after the fourth Saturday in April.
[
(6)
] 
(b)
 The lieutenant governor shall ensure that the certification described in
Subsection 
20A-9-701
(1) also includes the name of each candidate nominated by a qualified
political party under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
Section 13. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering process to seek the nomination of a qualified
political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of the qualified political party for an elective office through the
signature-gathering [
nomination
] process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
(4)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
[
follows:
] 
described in Section 
20A-9-408.5
.
[
"State of Utah, County of ____
 I, ______________, declare my intention of becoming a candidate for the office of
____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections; I will file all campaign financial disclosure reports
as required by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address that I
designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath)."
]
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election shall:
(a) within the period beginning on January 1 before the next regular general election
and ending on the third Thursday in March of the same year, and before gathering signatures
under this section, file with the filing officer on a form approved by the lieutenant governor a
notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(c) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) on or after January 1 before the next regular general election, and before gathering
signatures under this section, file with the filing officer on a form approved by the lieutenant
governor a notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(c) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall submit a letter from the
candidate for governor that names the lieutenant governor candidate as a joint-ticket running
mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
(8) A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a) complying with the requirements described in this section; and
(b) collecting signatures, on a form approved by the lieutenant [
governor's office
]
governor
, during the period beginning on January 1 of an even-numbered year and ending 14
days before the day on which the qualified political party's convention for the office is held, in
the following amounts:
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's candidates in
a primary election;
(ii) for a congressional district race, 7,000 signatures of registered voters who are
residents of the congressional district and are permitted by the qualified political party to vote
for the qualified political party's candidates in a primary election;
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(iv) for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election; and
(v) for a county office race, signatures of 3% of the registered voters who are residents
of the area permitted to vote for the county office and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.
(9) (a) In order for a member of the qualified political party to qualify as a candidate
for the qualified political party's nomination for an elective office under this section, the
member shall:
(i) collect the signatures on a form approved by the lieutenant [
governor's office
]
governor
, using the same circulation and verification requirements described in Sections
[
20A-7-304
 and 
20A-7-305
] 
20A-7-204
 and 
20A-7-205
; and
(ii) submit the signatures to the election officer no later than 14 days before the day on
which the qualified political party holds its convention to select candidates, for the elective
office, for the qualified political party's nomination.
(b) An individual may not gather signatures under this section until after the individual
files a notice of intent to gather signatures for candidacy described in this section.
(c) An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
the notice of intent to gather signatures for candidacy:
(i) required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described in Subsection
(9)(c)(i).
(d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, no later than one day before the day on which the qualified political party
holds the convention to select a nominee for the elective office to which the signature packets
relate:
(i) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(iii) determine whether each signer is a registered voter who is qualified to sign the
petition, using the same method, described in Section 
20A-7-206.3
, used to verify a signature
on a petition;
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet; and
(v) notify the qualified political party and the lieutenant governor of the name of each
member of the qualified political party who qualifies as a nominee of the qualified political
party, under this section, for the elective office to which the convention relates.
(e) Upon receipt of a notice of intent to gather signatures for candidacy described in
this section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the lieutenant governor
posts a declaration of candidacy.
Section 14. Section 
20A-9-408.5
 is enacted to read:
 20A-9-408.5.
Declaration of candidacy form for qualified political party.
The declaration of candidacy form described in Sections 
20A-9-407
 and 
20A-9-408
shall:
(1) be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of
____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections; I will file all campaign financial disclosure reports
as required by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address that I
designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath).";
(2) direct the candidate to state, in the sworn statement described in Subsection (1):
(a) the registered political party of which the candidate is a member; or
(b) that the candidate is not a member of a registered political party; and
(3) direct the candidate to indicate whether the candidate is seeking the nomination
using:
(a) the convention process described in Section 
20A-9-407
;
(b) the signature-gathering process described in Section 
20A-9-408
; or
(c) both processes described in Subsections (3)(a) and (b).
Section 15. Section 
20A-9-411
 is enacted to read:
 20A-9-411.
Signing multiple nomination petitions.
(1) An individual who signs a petition, described in Section 
20A-9-403
 or 
20A-9-408
,
to nominate a candidate may not sign a petition to nominate another candidate for the same
office.
(2) If an individual signs more than one petition in violation of Subsection (1), the
election officer may only count the signature on the first petition that the election officer
reviews for that office.
Section 16. Section 
20A-9-701
 is amended to read:
20A-9-701.
Certification of party candidates to county clerks -- Display on ballot.
(1) No later than August 31 of each regular general election year, the lieutenant
governor shall certify to each county clerk
, for offices to be voted upon at the regular general
election in that county clerk's county:
(a)
 the names of each candidate nominated under Subsection 
20A-9-202
(4) or
Subsection 
20A-9-403
(5) [
for offices to be voted upon at the regular general election in that
county clerk's county.
]
; and
(b) the names of the candidates for president and vice president that are certified by the
registered political party as the party's nominees.
(2) The names shall be certified by the lieutenant governor and shall be displayed on
the ballot as they are provided on the candidate's declaration of candidacy. No other names
may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
political party, political party, or other political group.
Section 17. Section 
20A-11-701
 is amended to read:
20A-11-701.
Campaign financial reporting by corporations -- Filing requirements
-- Statement contents -- Donor reporting and notification required.
(1) (a) Each corporation that has made expenditures for political purposes that total at
least $750 during a calendar year shall file a verified financial statement with the lieutenant
governor's office:
(i) on January 10, reporting expenditures as of December 31 of the previous year;
(ii) seven days before the state political convention for each major political party;
(iii) seven days before the regular primary election date;
(iv) on August 31; and
(v) seven days before the regular general election date.
(b) The corporation shall report:
(i) a detailed listing of all expenditures made since the last financial statement;
(ii) for financial statements filed under Subsections (1)(a)(ii) through (v), all
expenditures as of five days before the required filing date of the financial statement; and
(iii) whether the corporation, including an officer of the corporation, director of the 
corporation, or person with at least 10% ownership in the corporation:
(A) has bid since the last financial statement on a contract, as defined in Section
63G-6a-103
, in excess of $100,000;
(B) is currently bidding on a contract, as defined in Section 
63G-6a-103
, in excess of
$100,000; or
(C) is a party to a contract, as defined in Section 
63G-6a-103
, in excess of $100,000.
(c) The corporation need not file a financial statement under this section if the 
corporation made no expenditures during the reporting period.
(d) The corporation is not required to report an expenditure made to, or on behalf of, a
reporting entity that the reporting entity is required to include in a financial statement described
in this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(2) The financial statement shall include:
(a) the name and address of each reporting entity that received an expenditure from the 
corporation, and the amount of each expenditure;
(b) the total amount of expenditures disbursed by the corporation:
(i) since the last financial statement; and
(ii) during the calendar year;
(c) (i) a statement that the corporation did not receive any money from any donor
during the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; or
(ii) a report, described in Subsection (3), of the money received from donors during the
calendar year or the previous calendar year that the corporation has not reported in a previous
financial statement; and
(d) a statement by the corporation's treasurer or chief financial officer certifying the
accuracy of the financial statement.
(3) (a) The report required by Subsection (2)(c)(ii) shall include:
(i) the name and address of each donor;
(ii) the amount of the money received by the corporation from each donor; and
(iii) the date on which the corporation received the money.
(b) A corporation shall report money received from donors in the following order:
(i) first, beginning with the least recent date on which the corporation received money
that the corporation has not reported in a previous financial statement, the money received from
a donor that:
(A) requests that the corporation use the money to make an expenditure;
(B) gives the money to the corporation in response to a solicitation indicating the 
corporation's intent to make an expenditure; or
(C) knows that the corporation may use the money to make an expenditure; and
(ii) second, divide the difference between the total amount of expenditures made since
the last financial statement and the total amount of money reported under Subsection (3)(b)(i)
on a proration basis between all donors that:
(A) are not described in Subsection (3)(b)(i);
(B) gave at least $50 during the calendar year or previous calendar year; and
(C) have not been reported in a previous financial statement.
(c) If the amount reported under Subsection (3)(b) is less than the total amount of
expenditures made since the last financial statement, the financial statement shall contain a
statement that the corporation has reported all donors that gave money, and all money received
by donors, during the calendar year or previous calendar year that the corporation has not
reported in a previous financial statement.
(d) The corporation shall indicate on the financial statement that the amount attributed
to each donor under Subsection (3)(b)(ii) is only an estimate.
(e) (i) For all individual donations of $50 or less, the corporation may report a single
aggregate figure without separate detailed listings.
(ii) The corporation:
(A) may not report in the aggregate two or more donations from the same source that
have an aggregate total of more than $50; and
(B) shall separately report donations described in Subsection (3)(e)(ii)(A).
(4) If a corporation makes expenditures that total at least $750 during a calendar year,
the corporation shall notify a person giving money to the corporation that:
(a) the corporation may use the money to make an expenditure; and
(b) the person's name and address may be disclosed on the corporation's financial
statement.
Section 18. Section 
20A-11-705
 is enacted to read:
 20A-11-705.
Notice of in-kind contributions.
(1) A corporation that makes an in-kind contribution to a reporting entity shall, in
accordance with Subsection (2), provide the reporting entity a written notice that includes:
(a) the name and address of the corporation;
(b) the date of the in-kind expenditure;
(c) a description of the in-kind expenditure; and
(d) the value, in dollars, of the in-kind expenditure.
(2) A corporation shall provide the written notice described in Subsection (1) to the
reporting entity:
(a) except as provided in Subsection (2)(b), within 30 days after the day on which the
corporation makes the in-kind contribution; or
(b) within three business days after the day on which the corporation makes the in-kind
contribution, if:
(i) the in-kind contribution is to a candidate who is contested in a convention and the
corporation makes the in-kind contribution within 30 days before the day on which the
convention is held;
(ii) the in-kind contribution is to a candidate who is contested in a primary election and
the corporation makes the in-kind contribution within 30 days before the day on which the
primary election is held; or
(iii) the in-kind contribution is to a candidate who is contested in a general election and
the corporation makes the in-kind contribution within 30 days before the day on which the
general election is held.
(3) A corporation that provides, and a reporting entity that receives, the written notice
described in Subsection (1) shall retain a copy of the notice for five years after the day on
which the written notice is provided to the reporting entity.
(4) A corporation or reporting entity that fails to comply with the requirements of this
section is guilty of a class B misdemeanor.
(5) A person that intentionally or knowingly provides, or conspires to provide, false
information on a written notice described in this section is guilty of a class B misdemeanor.
Section 19. Section 
36-11-201
 is amended to read:
36-11-201.
Lobbyist, principal, and government officer financial reporting
requirements -- Prohibition for related person to make expenditures.
(1) (a) (i) [
A
] 
Except as provided in Subsection (1)(a)(ii), a
 lobbyist shall file financial
reports with the lieutenant governor on or before the due dates specified in Subsection (2).
(ii) [
If a
] 
A
 lobbyist 
who
 has not made an expenditure during [
the
] 
a
 quarterly reporting
period[
, the lobbyist shall file a financial report listing the amount of expenditures as "none."
]
is not required to file a quarterly financial report for that quarterly reporting period.
(iii) A lobbyist who is not required to file any quarterly reports under this section for a
calendar year shall, on or before January 10 of the following year, file a financial report listing
the amount of the expenditures for the entire preceding year as "none."
(b) A government officer or principal that makes an expenditure during any of the
quarterly reporting periods under Subsection (2)(a) shall file a financial report with the
lieutenant governor on or before the date that a report for that quarter is due.
(2) (a) A financial report is due quarterly on the following dates:
(i) April 10, for the period of January 1 through March 31;
(ii) July 10, for the period of April 1 through June 30;
(iii) October 10, for the period of July 1 through September 30; and
(iv) January 10, for the period of October 1 through December 31 of the previous year.
(b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
the report is due on the next succeeding business day.
(c) A financial report is timely filed if it is filed electronically before the close of
regular office hours on or before the due date.
(3) A financial report shall contain:
(a) the total amount of expenditures made to benefit any public official during the
quarterly reporting period;
(b) the total amount of expenditures made, by the type of public official, during the
quarterly reporting period;
(c) for the financial report due on January 10:
(i) the total amount of expenditures made to benefit any public official during the last
calendar year; and
(ii) the total amount of expenditures made, by the type of public official, during the last
calendar year;
(d) a disclosure of each expenditure made during the quarterly reporting period to
reimburse or pay for travel or lodging for a public official, including:
(i) each travel destination and each lodging location;
(ii) the name of each public official who benefitted from the expenditure on travel or
lodging;
(iii) the public official type of each public official named;
(iv) for each public official named, a listing of the amount and purpose of each
expenditure made for travel or lodging; and
(v) the total amount of expenditures listed under Subsection (3)(d)(iv);
(e) a disclosure of aggregate daily expenditures greater than $10 made during the
quarterly reporting period including:
(i) the date and purpose of the expenditure;
(ii) the location of the expenditure;
(iii) the name of any public official benefitted by the expenditure;
(iv) the type of the public official benefitted by the expenditure; and
(v) the total monetary worth of the benefit that the expenditure conferred on any public
official;
(f) for each public official who was employed by the lobbyist, principal, or government
officer, a list that provides:
(i) the name of the public official; and
(ii) the nature of the employment with the public official;
(g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official;
(h) a description of each executive action on behalf of which the lobbyist, principal, or
government officer made an expenditure to a public official;
(i) the general purposes, interests, and nature of the entities that the lobbyist, principal,
or government officer filing the report represents; and
(j) for a lobbyist, a certification that the information provided in the report is true,
accurate, and complete to the lobbyist's best knowledge and belief.
(4) A related person may not, while assisting a lobbyist, principal, or government
officer in lobbying, make an expenditure that benefits a public official under circumstances that
would otherwise fall within the disclosure requirements of this chapter if the expenditure was
made by the lobbyist, principal, or government officer.
(5) The lieutenant governor shall:
(a) (i) develop a preprinted form for a financial report required by this section; and
(ii) make copies of the form available to a lobbyist, principal, or government officer
who requests a form; and
(b) provide a reporting system that allows a lobbyist, principal, or government officer
to submit a financial report required by this chapter via the Internet.
(6) (a) A lobbyist and a principal shall continue to file a financial report required by
this section until the lobbyist or principal files a statement with the lieutenant governor that:
(i) states:
(A) for a lobbyist, that the lobbyist has ceased lobbying activities; or
(B) for a principal, that the principal no longer employs an individual as a lobbyist;
(ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
license;
(iii) contains a listing, as required by this section, of all previously unreported
expenditures that have been made through the date of the statement; and
(iv) states that the lobbyist or principal will not make any additional expenditure that is
not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
licensing requirements of this chapter.
(b) [
A
] 
Except as provided in Subsection (1)(a)(ii), a
 person that fails to renew the
lobbyist's license or otherwise ceases to be licensed is required to file a financial report
quarterly until the person files the statement required by Subsection (6)(a).