Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 25 First Substitute (2016GS)

Sponsor

Sen. Dayton, M.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of "ticket";
• amends provisions relating to ballot format and content; and
• makes technical changes.

Every vote on this bill

Bill text

BALLOT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Margaret Dayton
House Sponsor: 
Jack R. Draxler
LONG TITLE
Committee Note:
The Government Operations Interim Committee recommended this bill.
General Description:
This bill amends provisions of the Election Code relating to ballots.
Highlighted Provisions:
This bill:
▸ amends the definition of "ticket";
▸ amends provisions relating to ballot format and content; and
▸ makes technical changes.
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 2015, Chapters 296, 352, and 392
20A-6-101
, as last amended by Laws of Utah 2014, Chapter 169
20A-6-102
, as last amended by Laws of Utah 2014, Chapter 169
20A-6-301
, as last amended by Laws of Utah 2015, Chapter 392
20A-6-303
, as last amended by Laws of Utah 2015, Chapter 296
20A-6-304
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-406
, as last amended by Laws of Utah 2015, Chapter 296
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.
] 
the Help America Vote Act of 2002, Pub.
L. No. 107-252.
(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
;
(b) the mayor in the council-manager form of government defined in Subsection
10-3b-103
(7); or
(c) the chair of a metro township form of government defined in Section 
10-3b-102
.
(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:
(a) the council of the city or town in any form of municipal government; or
(b) the council of a metro township.
(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) (A) for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection 
20A-6-401
(1)(b)(iii); or
(B) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(c)(iii); 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.
] 
a list of:
(a) political parties;
(b) candidates for an office; or
(c) ballot propositions.
(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-6-101
 is amended to read:
20A-6-101.
General requirements for paper ballots.
(1) Each election officer shall ensure that paper ballots:
[
(a) are printed on only one side of the paper;
]
[
(b)
] 
(a)
 are printed using precisely the same quality and tint of plain white paper
through which the printing or writing cannot be seen;
[
(c)
] 
(b)
 are printed using precisely the same quality and kind of type;
[
(d)
] 
(c)
 are printed using precisely the same quality and tint of plain black ink;
[
(e)
] 
(d)
 are uniform in size for all the voting precincts within the election officer's
jurisdiction; and
[
(f)
] 
(e)
 include, [
in an election
] 
on a ticket for a race
 in which a voter is authorized to
cast a write-in vote and [
where
] 
in which
 a write-in candidate is qualified under Section
20A-9-601
, a [
write-in column immediately adjacent to the last column on the ballot that is
long enough to contain as many written names of candidates as there are persons to be elected
with: (i) the offices to be filled printed above the blank spaces on the ticket; and (ii) the words
"Write-In Voting Column" printed at the head of the column without a 1/2 inch circle
] 
space
for a write-in candidate immediately following the last candidate listed on that ticket
.
(2) Whenever the vote for candidates is to be limited to the voters of a particular
political division, the election officer shall ensure that the names of those candidates are
printed only upon those ballots provided to that political division.
Section 3. Section 
20A-6-102
 is amended to read:
20A-6-102.
General requirements for machine counted ballots.
(1) Each election officer shall ensure that ballots and ballot labels are printed:
(a) to a size and arrangement that fits the construction of the voting device; and
(b) in plain, clear type in black ink on clear white stock; or
(c) in plain, clear type in black ink on stock of different colors if it is necessary to:
(i) identify different ballots or parts of the ballot; or
(ii) differentiate between political parties.
(2) Each election officer shall ensure that:
(a) ballot sheets are of a size, design, and stock suitable for processing by automatic
data processing machines;
(b) each ballot sheet has an attached perforated stub, on which is printed the words
"Official Ballot, (initial) Poll Worker"; and
(c) ballot stubs are numbered consecutively.
(3) [
In an election
] 
For a race
 in which a voter is authorized to cast a write-in vote and
[
where
] 
in which
 a write-in candidate is qualified under Section 
20A-9-601
, the election officer
shall [
provide a separate write-in ballot, which may be in the form of a paper ballot, a card, or a
secrecy envelope in which the voter places his ballot sheet after voting, to permit voters to
write in the title of the office and the name of the person or persons for whom the voter wishes
to cast a write-in vote
] 
include a space on the ticket for a write-in candidate immediately
following the last candidate listed on that ticket
.
(4) Notwithstanding any other provisions of this section, the election officer may
authorize any ballots that are to be counted by means of electronic or electromechanical
devices to be printed to a size, layout, texture, and in any type of ink or combination of inks
that will be suitable for use in the counting devices in which they are intended to be placed.
Section 4. Section 
20A-6-301
 is amended to read:
20A-6-301.
Paper ballots -- Regular general election.
(1) Each election officer shall ensure that:
(a) all paper ballots furnished for use at the regular general election contain:
(i) no captions or other endorsements except as provided in this section;
(ii) no symbols, markings, or other descriptions of a political party or group, except for
a registered political party that has chosen to nominate its candidates in accordance with
Section 
20A-9-403
; and
(iii) no indication that a candidate for elective office has been nominated by, or has
been endorsed by, or is in any way affiliated with a political party or group, unless the
candidate has been nominated by a registered political party in accordance with Subsection
20A-9-202
(4) or Subsection 
20A-9-403
(5).
(b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
top of the ballot, and divided from the rest of ballot by a perforated line;
(ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
stub; and
(iii) ballot stubs are numbered consecutively;
(c) immediately below the perforated ballot stub, the following endorsements are
printed in 18 point bold type:
(i) "Official Ballot for ____ County, Utah";
(ii) the date of the election; and
(iii) the words "Clerk of __________ County" 
or, as applicable, the name of a
combined office that includes the duties of a county clerk
;
[
(d) each ticket is placed in a separate column on the ballot in the order specified under
Section 
20A-6-305
 with the party emblem, followed by the party name, at the head of the
column;
]
(d) subject to Subsection (2), each ticket that appears on the ballot appears separately,
in the following order:
(i) a straight party ticket, where the voter may, with one mark, vote for all candidates of
one political party;
(ii) for federal office:
(A) president and vice president of the United States;
(B) United States Senate office; and
(C) United States House of Representatives office;
(iii) for state office:
(A) governor and lieutenant governor;
(B) attorney general;
(C) state auditor;
(D) state treasurer;
(E) state Senate office;
(F) state House of Representatives office; and
(G) State Board of Education member;
(iv) for county office:
(A) county executive office;
(B) county legislative body member;
(C) county assessor;
(D) county or district attorney;
(E) county auditor;
(F) county clerk;
(G) county recorder;
(H) county sheriff;
(I) county surveyor;
(J) county treasurer; and
(K) local school board member;
(v) for municipal office:
(A) mayor; and
(B) city or town council member;
(vi) elected planning and service district council member;
(vii) judicial retention questions; and
(viii) ballot propositions;
(e) each candidate is listed in accordance with Section 
20A-6-305
, followed by the
party name or title;
[
(e)
] 
(f)
 the party name or title is printed in capital letters not less than one-fourth of an
inch high;
[
(f) a circle one-half inch in diameter is printed immediately below the party name or
title, and the top of the circle is placed not less than two inches below the perforated line;
]
(g) unaffiliated candidates, candidates not affiliated with a registered political party,
and all other candidates for elective office who were not nominated by a registered political
party in accordance with Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5), are listed [
in
one column in the order specified under
] 
with the other candidates for the same office in
accordance with
 Section 
20A-6-305
, without a party [
circle, with the following instructions
printed at the head of the column: "All candidates
] 
name or title, and with a mark referencing
the following statement at the bottom of the ticket: "This candidate is
 not affiliated with
, or
does not qualify to be listed on the ballot as affiliated with,
 a political party [
are listed below. 
They are to be considered with all offices and candidates listed to the left. Only one vote is
allowed for each office
].";
(h) [
the columns
] 
each ticket
 containing the lists of candidates, including the party
name and device, are separated by heavy parallel lines;
(i) the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(j) the names of candidates are printed in capital letters, not less than one-eighth nor
more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
lines or rules three-eighths of an inch apart; 
and
[
(k) a square with sides measuring not less than one-fourth of an inch in length is
printed immediately adjacent to the name of each candidate;
]
[
(l) for the offices of president and vice president and governor and lieutenant
governor, one square with sides measuring not less than one-fourth of an inch in length is
printed on the same side as but opposite a double bracket enclosing the names of the two
candidates;
]
[
(m)
] 
(k)
 [
in an election
] 
on a ticket for a race
 in which a voter is authorized to cast a
write-in vote and [
where
] 
in which
 a write-in candidate is qualified under Section 
20A-9-601
[
,
immediately adjacent to the unaffiliated ticket on the ballot, the ballot contains a write-in
column long enough to contain as many written names of candidates as there are persons to be
elected with
]:
[
(i) for each office on the ballot, the office to be filled plainly printed immediately
above:
]
[
(A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
square with sides measuring not less than one-fourth of an inch in length printed immediately
adjacent to the blank horizontal line
]
(i) the ballot includes a space for a write-in candidate immediately following the last
candidate listed on that ticket
; or
[
(B)
] 
(ii)
 for the offices of president and vice president and governor and lieutenant
governor, [
two blank horizontal lines
] 
the ballot includes two spaces for write-in candidates
immediately following the last candidates on that ticket
, one placed above the other, to enable
the entry of two valid write-in candidates[
, and one square with sides measuring not less than
one-fourth of an inch in length printed on the same side as but opposite a double bracket
enclosing the two blank horizontal lines; and
]
.
[
(ii) the words "Write-In Voting Column" printed at the head of the column without a
one-half inch circle;
]
[
(n) when required, the ballot includes a nonpartisan ticket placed immediately
adjacent to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the
unaffiliated ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule
running vertically the full length of the nonpartisan ballot copy; and
]
[
(o) constitutional amendments or other questions submitted to the vote of the people,
are printed on the ballot after the list of candidates.
]
(2) A ticket for a race for a combined office shall appear in the place of the earliest
ballot ticket position that is reserved for an office that is subsumed in the combined office.
[
(2)
] 
(3)
 Each election officer shall ensure that:
(a) each person nominated by any registered political party under Subsection
20A-9-202
(4) or Subsection 
20A-9-403
(5), and no other person, is placed on the ballot:
(i) under the registered political party's name [
and emblem
], if any; or
(ii) under the title of the registered political party as designated by them in their
certificates of nomination or petition, or, if none is designated, then under some suitable title;
(b) the names of all unaffiliated candidates that qualify as required in Title 20A,
Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
(c) the names of the candidates for president and vice president are used on the ballot
instead of the names of the presidential electors; and
(d) the ballots contain no other names.
[
(3)
] 
(4)
 When the ballot contains a nonpartisan section, the election officer shall
ensure that:
(a) the designation of the office to be filled in the election and the number of
candidates to be elected are printed in type not smaller than eight point;
(b) the words designating the office are printed flush with the left-hand margin;
(c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
which the voter may vote)" extend to the extreme right of the column;
(d) the nonpartisan candidates are grouped according to the office for which they are
candidates;
(e) the names in each group are placed in the order specified under Section 
20A-6-305
with the surnames last; and
(f) each group is preceded by the designation of the office for which the candidates
seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)," according to the number to be elected.
[
(4)
] 
(5)
 Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed on the ballot in
accordance with Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are listed on the ballot in accordance
with Section 
20A-6-107
; and
(c) bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section 
11-14-206
.
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)
] 
(b)
 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 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)
] 
(c)
 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)
] 
(d)
 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)
] 
(e)
 (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 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)
] 
(d)
 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)
] 
(e)
 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)
] 
(f)
 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-9-406
 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, no later than 5 p.m. on March 1 of each
even-numbered year, 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;
(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 seek the nomination 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)
] 
(3)
(a), each election
officer shall ensure that a ballot described in Section 
20A-6-301
 includes each person
nominated by a qualified political party:
(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)
]
(d)
, 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)
]
(e)
, 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; 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.
Legislative Review Note
Office of Legislative Research and General Counsel