Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 218 (2017GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows an election officer to establish an early voting center or an election day voting center after certain statutory deadlines have passed if certain conditions are met;
• amends requirements for an election notice, and the voter information pamphlet, regarding certain polling location information; and
• makes technical changes.

Every vote on this bill

Bill text

POLL LOCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill allows an election officer to establish an early voting polling place or an
election day voting center after certain statutory deadlines.
Highlighted Provisions:
This bill:
▸ allows an election officer to establish an early voting center or an election day
voting center after certain statutory deadlines have passed if certain conditions are
met;
▸ amends requirements for an election notice, and the voter information pamphlet,
regarding certain polling location information; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-14-202
, as last amended by Laws of Utah 2014, Chapter 325
20A-3-603
, as last amended by Laws of Utah 2013, Chapter 182
20A-3-604
, as last amended by Laws of Utah 2013, Chapter 182
20A-3-703
, as enacted by Laws of Utah 2011, Chapter 291
20A-5-101
, as last amended by Laws of Utah 2016, Chapter 23
20A-7-702
, as last amended by Laws of Utah 2016, Chapter 348
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-14-202
 is amended to read:
11-14-202.
Notice of election -- Contents -- Publication -- Mailing.
(1) The governing body shall ensure that notice of the election is provided:
(a) once per week during three consecutive weeks by publication in a newspaper
having general circulation in the local political subdivision in accordance with Section
11-14-316
, the first publication occurring not less than 21 nor more than 35 days before the
election;
(b) on a website, if available, in accordance with Section 
45-1-101
 for the three weeks
that immediately precede the election; and
(c) in a local political subdivision where there is no newspaper of general circulation,
by posting notice of the bond election in at least five public places in the local political
subdivision at least 21 days before the election.
(2) When the debt service on the bonds to be issued will increase the property tax
imposed upon the average value of a residence by an amount that is greater than or equal to $15
per year, the governing body shall prepare and mail either a voter information pamphlet or a
notification described in Subsection (6):
(a) at least 15 days but not more than 45 days before the bond election;
(b) to each household containing a registered voter who is eligible to vote on the
bonds; and
(c) that includes the information required by Subsections (3) and (4).
[
(3) The notice and voter information pamphlet required by this section
]
(3) (a) Except as provided in Subsection (3)(b), the notice described in Subsection (1)
shall include:
[
(a)
] 
(i)
 the date [
and place
] of the election;
[
(b)
] 
(ii)
 the hours during which the polls will be open; [
and
]
(iii) the location of each polling place or the address of a website that lists the location
of each polling place; and
[
(c)
] 
(iv)
 the title and text of the ballot proposition.
(b) The notice described in Subsection (3)(a) is not required to include information
regarding an additional:
(i) early voting polling place designated for which notice is provided, in accordance
with Subsection 
20A-3-603
(2); or
(ii) election day voting center designated for which notice is provided, in accordance
with Subsection 
20A-3-703
(2).
(4) The voter information pamphlet required by this section shall include:
(a) the information required by Subsection (3); and
(b) an explanation of the property tax impact, if any, of the issuance of the bonds,
which may be based on information the governing body determines to be useful, including:
(i) expected debt service on the bonds to be issued;
(ii) a description of the purpose, remaining principal balance, and maturity date of any
outstanding general obligation bonds of the issuer;
(iii) funds other than property taxes available to pay debt service on general obligation
bonds;
(iv) timing of expenditures of bond proceeds;
(v) property values; and
(vi) any additional information that the governing body determines may be useful to
explain the property tax impact of issuance of the bonds.
(5) The governing body shall pay the costs associated with the notice required by this
section.
(6) (a) The governing body may mail a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(b) The notice described in Subsection (6)(a) shall include:
(i) the website upon which the voter information pamphlet is available; and
(ii) the phone number a voter may call to request delivery of a voter information
pamphlet by mail.
(7) A local school board shall comply with the voter information pamphlet
requirements described in Section 
53A-18-102
.
Section 2. Section 
20A-3-603
 is amended to read:
20A-3-603.
Early voting polling places.
(1) Except as provided in Section 
20A-1-308
, the election officer shall designate one or
more polling places for early voting, provided that:
(a) at least one polling place is open on each day that polls are open during the early
voting period;
(b) each polling place meets the requirements for polling places under Chapter 5,
Election Administration;
(c) for all elections other than local special elections, municipal primary elections, and
municipal general elections, at least 10% of the voting devices at a polling place are accessible
for individuals with disabilities in accordance with Public Law 107-252, the Help America
Vote Act of 2002; and
(d) each polling place is located in a government building or office, unless the election
officer determines that, in the area designated by the election officer, there is no government
building or office available that:
(i) can be scheduled for use during early voting hours;
(ii) has the physical facilities necessary to accommodate early voting requirements;
(iii) has adequate space for voting equipment, poll workers, and voters; and
(iv) has adequate security, public accessibility, and parking.
(2) (a) Except as provided in Section 
20A-1-308
, [
in the event
] 
if
 the election officer
determines
, after the deadline described in Section 
20A-3-604
,
 that the number of early voting
polling places is insufficient [
due to the number of registered voters who are voting
], the
election officer may designate additional 
early voting
 polling places [
during the early voting
period
].
(b) Except as provided in Section 
20A-1-308
, if an additional early voting polling place
is designated 
under Subsection (2)(a)
, the election officer shall, as soon as is reasonably
possible, give notice of the 
designation and the
 dates, times, and location of the [
additional
]
polling place [
by
]:
[
(i) publishing the notice:
]
[
(A) in one issue of a newspaper of general circulation in the county; and
]
[
(B) as required in Section 
45-1-101
; and
]
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) on the election officer's website, if available; and
[
(ii)
] 
(iii) by
 posting [
the
] 
a
 notice at the additional polling place.
(3) Except as provided in Section 
20A-1-308
, for each regular general election and
regular primary election, counties of the first class shall ensure that the early voting polling
places are approximately proportionately distributed based on population within the county.
Section 3. Section 
20A-3-604
 is amended to read:
20A-3-604.
Notice of time and place of early voting.
Except as provided in Section 
20A-1-308
or Subsection 
20A-3-603
(2)
, the election
officer shall
, at least five days before the day on which early voting begins,
 give notice of the
dates, times, and locations of early voting by:
(1) publishing the notice:
(a) in one issue of a newspaper of general circulation in the county [
at least five
calendar days before the date that early voting begins
]; and
(b) in accordance with Section 
45-1-101
[
, at least five calendar days before the date
that early voting begins
]; and
(2) posting the notice at each early voting polling place [
at least five calendar days
before the date early voting begins
].
Section 4. Section 
20A-3-703
 is amended to read:
20A-3-703.
Election day voting centers as polling places -- Location --
Notification.
(1)
 The election officer may designate [
one or more polling places
] 
a polling place
 as
an election day voting center if:
[
(1)
] 
(a) except as provided in Subsection (2),
 the election officer notifies the lieutenant
governor of the designation and location of [
an election day voting center
] 
the polling place
 at
least 15 days before the election;
[
(2) a
] 
(b) the
 polling place meets the requirements for a polling place under Chapter
5, Election Administration; and
[
(3) a
] 
(c) the
 polling place is located in a government building or office, unless the
election officer determines that there is no government building or office available, in the area
designated by the election officer, that:
[
(a)
] 
(i)
 can be scheduled for use during election day voting hours;
[
(b)
] 
(ii)
 has the physical facilities necessary to accommodate election day voting
requirements;
[
(c)
] 
(iii)
 has adequate space for voting equipment, poll workers, and voters; and
[
(d)
] 
(iv)
 has adequate security, public accessibility, and parking.
(2) (a) An election officer may designate a polling place as an election day voting
center after the deadline described in Subsection (1)(a) if, after the deadline described in
Subsection (1)(a), the election officer determines that there will be an insufficient number of
election day voting centers.
(b) An election officer who designates a polling place as an election day voting center
under Subsection (2)(a) shall provide notice of the designation and location of the polling place
as soon as reasonably possible:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) on the election officer's website, if available; and
(iii) by posting a notice at the polling place.
Section 5. 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 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 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 printed notice of the following
information, or printed notice of a website where the following information can be obtained:
(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) 
(i)
 [
an
] 
the location of each early voting polling place designated under Subsection
20A-3-603
(1) and each
 election day voting center designated under [
Section
] 
Subsection
20A-3-703
(1)
; and
(ii) the address of a website where any additional polling places, designated under
Subsection 
20A-3-603
(2) or 
20A-3-703
(2), will be posted; and
(e) the qualifications for persons to vote in the election.
(4) To provide the printed notice described in Subsection (3), the election officer shall:
(a) publish the notice at least two days before election day:
(i) in a newspaper of general circulation common to the area to which the election
pertains; and
(ii) as required in Section 
45-1-101
; or
(b) mail the notice to each registered voter who resides in the area to which the election
pertains at least five days before election day.
Section 6. Section 
20A-7-702
 is amended to read:
20A-7-702.
Voter information pamphlet -- Form -- Contents -- Distribution.
(1) The lieutenant governor shall ensure that all information submitted for publication
in the voter information pamphlet is:
(a) printed and bound in a single pamphlet;
(b) printed in clear readable type, no less than 10 point, except that the text of any
measure may be set forth in eight-point type; and
(c) printed on a quality and weight of paper that best serves the voters.
(2) The voter information pamphlet shall contain the following items in this order:
(a) a cover title page;
(b) an introduction to the pamphlet by the lieutenant governor;
(c) a table of contents;
(d) a list of all candidates for constitutional offices;
(e) a list of candidates for each legislative district;
(f) a 100-word statement of qualifications for each candidate for the office of governor,
lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
candidate to the lieutenant governor's office before 5 p.m. on the date that falls 105 days before
the date of the election;
(g) information pertaining to all measures to be submitted to the voters, beginning a
new page for each measure and containing, in the following order for each measure:
(i) a copy of the number and ballot title of the measure;
(ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
the Legislature or by referendum;
(iii) the impartial analysis of the measure prepared by the Office of Legislative
Research and General Counsel;
(iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
measure, the arguments against the measure, and the rebuttal to the arguments against the
measure, with the name and title of the authors at the end of each argument or rebuttal;
(v) for each constitutional amendment, a complete copy of the text of the constitutional
amendment, with all new language underlined, and all deleted language placed within brackets;
(vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
20A-7-202.5
; and
(vii) for each referendum qualified for the ballot, a complete copy of the text of the law
being submitted to the voters for their approval or rejection, with all new language underlined
and all deleted language placed within brackets, as applicable;
(h) a description provided by the Judicial Performance Evaluation Commission of the
selection and retention process for judges, including, in the following order:
(i) a description of the judicial selection process;
(ii) a description of the judicial performance evaluation process;
(iii) a description of the judicial retention election process;
(iv) a list of the criteria of the judicial performance evaluation and the minimum
performance standards;
(v) the names of the judges standing for retention election; and
(vi) for each judge:
(A) a list of the counties in which the judge is subject to retention election;
(B) a short biography of professional qualifications and a recent photograph;
(C) a narrative concerning the judge's performance;
(D) for each standard of performance, a statement identifying whether or not the judge
met the standard and, if not, the manner in which the judge failed to meet the standard;
(E) a statement identifying whether or not the Judicial Performance Evaluation
Commission recommends the judge be retained or declines to make a recommendation and the
number of votes for and against the commission's recommendation;
(F) any statement provided by a judge who is not recommended for retention by the
Judicial Performance Evaluation Commission under Section 
78A-12-203
;
(G) in a bar graph, the average of responses to each survey category, displayed with an
identification of the minimum acceptable score as set by Section 
78A-12-205
 and the average
score of all judges of the same court level; and
(H) a website address that contains the Judicial Performance Evaluation Commission's
report on the judge's performance evaluation;
(i) for each judge, a statement provided by the Utah Supreme Court identifying the
cumulative number of informal reprimands, when consented to by the judge in accordance with
Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
VIII, Section 13, during the judge's current term and the immediately preceding term, and a
detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
that the judge has received;
(j) an explanation of ballot marking procedures prepared by the lieutenant governor,
indicating the ballot marking procedure used by each county and explaining how to mark the
ballot for each procedure;
(k) voter registration information, including information on how to obtain an absentee
ballot;
(l) a list of all county clerks' offices and phone numbers; [
and
]
(m) a statement indicating that the location of any additional early voting polling place
designated under Subsection 
20A-3-603
(2) or election day voting center designated under
Subsection 
20A-3-703
(2) will be posted on the Statewide Electronic Voter Information
Website; and
[
(m)
] 
(n)
 on the back cover page, a printed copy of the following statement signed by
the lieutenant governor:
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
correct according to law.
SEAL
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
of ____ (month), ____ (year)
(signed) ____________________________________
Lieutenant Governor"
(3) No earlier than 75 days, and no later than 15 days, before the day on which voting
commences, the lieutenant governor shall:
(a) (i) distribute one copy of the voter information pamphlet to each household within
the state;
(ii) distribute to each household within the state a notice:
(A) printed on a postage prepaid, preaddressed return form that a person may use to
request delivery of a voter information pamphlet by mail;
(B) that states the address of the Statewide Electronic Voter Information Website
authorized by Section 
20A-7-801
; and
(C) that states the phone number a voter may call to request delivery of a voter
information pamphlet by mail; or
(iii) ensure that one copy of the voter information pamphlet is placed in one issue of
every newspaper of general circulation in the state;
(b) ensure that a sufficient number of printed voter information pamphlets are available
for distribution as required by this section;
(c) provide voter information pamphlets to each county clerk for free distribution upon
request and for placement at polling places; and
(d) ensure that the distribution of the voter information pamphlets is completed 15 days
before the election.
(4) The lieutenant governor may distribute a voter information pamphlet at a location
frequented by a person who cannot easily access the Statewide Electronic Voter Information
Website authorized by Section 
20A-7-801
.