Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 36 (2020GS)

Sponsor

Rep. Harrison, S.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies and defines terms;
• addresses types, forms, disposition, and counting of ballots;
• addresses the completion, security, verification, handling, and storage of ballots, forms, and other items used in elections;
• replaces state absentee ballots with mailed ballots;
• provides for emergency ballots;
• modifies the duties of election officers, other government officers, and governing bodies in relation to elections;
• modifies criminal provisions relating to elections;
• modifies and standardizes voter registration deadlines;
• modifies voter registration forms, requirements, and procedures;
• recodifies and amends voting requirements and procedures;
• modifies electioneering restrictions;
• modifies provisions relating to appointing poll workers and the functions of poll workers;
• modifies voter eligibility challenge provisions;

Every vote on this bill

Bill text

ELECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Suzanne Harrison
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies the Election Code to reflect current practices and technology in
elections.
Highlighted Provisions:
This bill:
▸ modifies and defines terms;
▸ addresses types, forms, disposition, and counting of ballots;
▸ addresses the completion, security, verification, handling, and storage of ballots,
forms, and other items used in elections;
▸ replaces state absentee ballots with mailed ballots;
▸ provides for emergency ballots;
▸ modifies the duties of election officers, other government officers, and governing
bodies in relation to elections;
▸ modifies criminal provisions relating to elections;
▸ modifies and standardizes voter registration deadlines;
▸ modifies voter registration forms, requirements, and procedures;
▸ recodifies and amends voting requirements and procedures;
▸ modifies electioneering restrictions;
▸ modifies provisions relating to appointing poll workers and the functions of poll
workers;
▸ modifies voter eligibility challenge provisions;
▸ amends provisions relating to a board of canvassers;
▸ addresses ballot drop boxes;
▸ repeals outdated provisions; and
▸ makes technical and conforming 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 2019, Chapter 255
11-14-203
, as last amended by Laws of Utah 2019, Chapter 433
11-14-204
, as renumbered and amended by Laws of Utah 2005, Chapter 105
11-14-206
, as last amended by Laws of Utah 2017, Chapter 157
17B-1-306
, as last amended by Laws of Utah 2019, Chapter 255
20A-1-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
20A-1-308
, as enacted by Laws of Utah 2013, Chapters 182, 219 and last amended by
Coordination Clause, Laws of Utah 2013, Chapter 182
20A-1-403
, as enacted by Laws of Utah 1993, Chapter 1
20A-1-601
, as last amended by Laws of Utah 2018, Chapter 19
20A-1-602
, as last amended by Laws of Utah 2018, Chapter 19
20A-1-603
, as last amended by Laws of Utah 2018, Chapter 19
20A-1-604
, as last amended by Laws of Utah 2018, Chapter 19
20A-1-605
, as last amended by Laws of Utah 2018, Chapter 19
20A-1-607
, as last amended by Laws of Utah 2018, Chapter 274
20A-1-609
, as last amended by Laws of Utah 2019, Chapter 210
20A-2-102.5
, as last amended by Laws of Utah 2018, Chapter 206
20A-2-108
, as last amended by Laws of Utah 2018, Chapters 206 and 270
20A-2-201
, as last amended by Laws of Utah 2018, Chapters 206 and 281
20A-2-202
, as last amended by Laws of Utah 2019, Chapter 255
20A-2-204
, as last amended by Laws of Utah 2019, Chapters 136 and 255
20A-2-205
, as last amended by Laws of Utah 2019, Chapter 255
20A-2-206
, as last amended by Laws of Utah 2018, Chapter 206
20A-2-207
, as enacted by Laws of Utah 2018, Chapter 206
20A-2-300.5
, as enacted by Laws of Utah 1994, Chapter 311
20A-2-301
, as last amended by Laws of Utah 2019, Chapter 255
20A-2-302
, as last amended by Laws of Utah 2015, Chapter 130
20A-2-304
, as last amended by Laws of Utah 2018, Chapter 206
20A-2-307
, as last amended by Laws of Utah 2018, Chapter 206
20A-4-101
, as last amended by Laws of Utah 2018, Chapters 187 and 274
20A-4-102
, as last amended by Laws of Utah 2018, Chapters 187 and 274
20A-4-103
, as last amended by Laws of Utah 2018, Chapter 281
20A-4-104
, as last amended by Laws of Utah 2019, Chapter 255
20A-4-105
, as last amended by Laws of Utah 2018, Chapter 187
20A-4-106
, as last amended by Laws of Utah 2018, Chapter 187
20A-4-107
, as last amended by Laws of Utah 2019, Chapter 255
20A-4-201
, as last amended by Laws of Utah 2019, Chapter 255
20A-4-202
, as last amended by Laws of Utah 2019, Chapter 255
20A-4-303
, as last amended by Laws of Utah 2002, Chapter 133
20A-4-401
, as last amended by Laws of Utah 2019, Chapter 255
20A-5-102
, as last amended by Laws of Utah 2019, Chapter 433
20A-5-205
, as last amended by Laws of Utah 2006, Chapter 326
20A-5-206
, as last amended by Laws of Utah 2012, Chapter 251
20A-5-302
, as last amended by Laws of Utah 2018, Chapter 274
20A-5-401
, as last amended by Laws of Utah 2019, Chapter 433
20A-5-403
, as last amended by Laws of Utah 2017, Chapter 108
20A-5-404
, as last amended by Laws of Utah 2018, Chapter 187
20A-5-405
, as last amended by Laws of Utah 2019, Chapter 255
20A-5-406
, as last amended by Laws of Utah 2018, Chapter 274
20A-5-407
, as last amended by Laws of Utah 2007, Chapter 329
20A-5-408
, as enacted by Laws of Utah 1993, Chapter 1
20A-5-601
, as last amended by Laws of Utah 2019, Chapter 433
20A-5-602
, as last amended by Laws of Utah 2014, Chapters 31, 391 and last amended
by Coordination Clause, Laws of Utah 2014, Chapter 31
20A-5-603
, as last amended by Laws of Utah 2007, Chapter 75
20A-5-605
, as last amended by Laws of Utah 2019, Chapter 255
20A-5-801
, as enacted by Laws of Utah 2017, Chapter 32
20A-5-804
, as enacted by Laws of Utah 2017, Chapter 32
20A-6-101
, as last amended by Laws of Utah 2016, Chapter 66
20A-6-102
, as last amended by Laws of Utah 2018, Chapter 274
20A-6-105
, as last amended by Laws of Utah 2018, Chapters 206 and 270
20A-6-203
, as last amended by Laws of Utah 2006, Chapter 326
20A-6-301
, as last amended by Laws of Utah 2018, Chapter 274
20A-6-302
, as last amended by Laws of Utah 2019, Chapter 255
20A-6-304
, as last amended by Laws of Utah 2016, Chapter 66
20A-6-401
, as last amended by Laws of Utah 2018, Chapter 274
20A-6-401.1
, as last amended by Laws of Utah 2018, Chapter 274
20A-6-402
, as last amended by Laws of Utah 2018, Chapters 187 and 274
20A-7-607
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-609.5
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-613
, as last amended by Laws of Utah 2019, Chapters 203 and 255
20A-7-702
, as last amended by Laws of Utah 2018, Chapter 80 and last amended by
Coordination Clause, Laws of Utah 2018, Chapter 403
20A-7-801
, as last amended by Laws of Utah 2019, Chapter 255
20A-9-406
, as last amended by Laws of Utah 2018, Chapter 274
20A-9-806
, as last amended by Laws of Utah 2019, Chapter 433
20A-9-808
, as last amended by Laws of Utah 2019, Chapter 433
20A-11-206
, as last amended by Laws of Utah 2019, Chapter 74
20A-11-305
, as last amended by Laws of Utah 2016, Chapter 16
20A-11-1305
, as last amended by Laws of Utah 2018, Chapter 19
20A-16-202
, as renumbered and amended by Laws of Utah 2011, Chapter 327
20A-16-401
, as last amended by Laws of Utah 2013, Chapter 198
20A-16-406
, as last amended by Laws of Utah 2012, Chapter 369
20A-16-407
, as last amended by Laws of Utah 2011, Chapter 366 and renumbered and
amended by Laws of Utah 2011, Chapter 327
63I-2-220
, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
ENACTS:
20A-3a-101
, Utah Code Annotated 1953
20A-3a-201
, Utah Code Annotated 1953
20A-3a-204
, Utah Code Annotated 1953
20A-3a-502
, Utah Code Annotated 1953
20A-5-403.5
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
20A-3a-102
, (Renumbered from 20A-3-101, as last amended by Laws of Utah 2019,
Chapter 433)
20A-3a-103
, (Renumbered from 20A-3-101.5, as last amended by Laws of Utah 2019,
Chapter 433)
20A-3a-104
, (Renumbered from 20A-3-102, as last amended by Laws of Utah 2007,
Chapter 329)
20A-3a-105
, (Renumbered from 20A-3-103, as enacted by Laws of Utah 1993, Chapter
1)
20A-3a-202
, (Renumbered from 20A-3-302, as last amended by Laws of Utah 2019,
Chapter 255)
20A-3a-203
, (Renumbered from 20A-3-104, as last amended by Laws of Utah 2010,
Chapter 197)
20A-3a-205
, (Renumbered from 20A-3-105.5, as last amended by Laws of Utah 2013,
Chapter 390)
20A-3a-206
, (Renumbered from 20A-3-106, as last amended by Laws of Utah 2019,
Chapter 142)
20A-3a-207
, (Renumbered from 20A-3-107, as last amended by Laws of Utah 2007,
Chapter 75)
20A-3a-208
, (Renumbered from 20A-3-108, as last amended by Laws of Utah 2011,
Chapter 366)
20A-3a-209
, (Renumbered from 20A-3-109, as last amended by Laws of Utah 2007,
Chapter 75)
20A-3a-301
, (Renumbered from 20A-3-306.5, as last amended by Laws of Utah 2019,
Chapter 255)
20A-3a-401
, (Renumbered from 20A-3-308, as last amended by Laws of Utah 2018,
Chapter 274 and last amended by Coordination Clause, Laws of Utah 2018, Chapter
464)
20A-3a-402
, (Renumbered from 20A-3-309, as last amended by Laws of Utah 2016,
Chapter 37)
20A-3a-403
, (Renumbered from 20A-3-310, as enacted by Laws of Utah 1993, Chapter
1)
20A-3a-501
, (Renumbered from 20A-3-501, as last amended by Laws of Utah 2007,
Chapters 75 and 329)
20A-3a-503
, (Renumbered from 20A-3-503, as enacted by Laws of Utah 1993, Chapter
1)
20A-3a-504
, (Renumbered from 20A-3-504, as last amended by Laws of Utah 2015,
Chapter 55)
20A-3a-505
, (Renumbered from 20A-3-505, as last amended by Laws of Utah 2008,
Chapter 276)
20A-3a-506
, (Renumbered from 20A-3-506, as enacted by Laws of Utah 2006, Chapter
15)
20A-3a-601
, (Renumbered from 20A-3-601, as last amended by Laws of Utah 2018,
Chapters 195, 206, and 281)
20A-3a-602
, (Renumbered from 20A-3-602, as last amended by Laws of Utah 2019,
Chapter 73)
20A-3a-603
, (Renumbered from 20A-3-603, as last amended by Coordination Clause,
Laws of Utah 2018, Chapter 403)
20A-3a-604
, (Renumbered from 20A-3-604, as last amended by Laws of Utah 2019,
Chapter 255)
20A-3a-605
, (Renumbered from 20A-3-605, as last amended by Laws of Utah 2018,
Chapter 206)
20A-3a-701
, (Renumbered from 20A-3-701, as enacted by Laws of Utah 2011, Chapter
291)
20A-3a-702
, (Renumbered from 20A-3-702, as last amended by Laws of Utah 2018,
Chapter 274)
20A-3a-703
, (Renumbered from 20A-3-703, as last amended by Coordination Clause,
Laws of Utah 2018, Chapter 403)
20A-3a-801
, (Renumbered from 20A-3-201, as repealed and reenacted by Laws of Utah
2018, Chapter 274)
20A-3a-802
, (Renumbered from 20A-3-201.5, as enacted by Laws of Utah 2010,
Chapter 83)
20A-3a-803
, (Renumbered from 20A-3-202, as last amended by Laws of Utah 2019,
Chapter 433)
20A-3a-804
, (Renumbered from 20A-3-202.3, as last amended by Laws of Utah 2018,
Chapters 195 and 274)
20A-3a-805
, (Renumbered from 20A-3-202.5, as last amended by Laws of Utah 2018,
Chapter 274)
20A-3a-806
, (Renumbered from 20A-3-203, as last amended by Laws of Utah 2018,
Chapter 274)
20A-5-410
, (Renumbered from 20A-3-304.1, as last amended by Laws of Utah 2008,
Chapter 382)
REPEALS:
20A-3-104.5
, as last amended by Laws of Utah 2019, Chapter 433
20A-3-105
, as last amended by Laws of Utah 2019, Chapter 142
20A-3-301
, as last amended by Laws of Utah 2013, Chapter 198
20A-3-303
, as last amended by Laws of Utah 2008, Chapter 193
20A-3-304
, as last amended by Laws of Utah 2019, Chapters 255 and 433
20A-3-305
, as last amended by Laws of Utah 2019, Chapter 255
20A-3-306
, as last amended by Laws of Utah 2019, Chapter 255
20A-3-307
, as last amended by Laws of Utah 2012, Chapter 309
20A-3-502
, as enacted by Laws of Utah 1993, Chapter 1
20A-5-604
, as last amended by Laws of Utah 2019, Chapter 255
20A-6-303
, as last amended by Laws of Utah 2016, Chapter 66
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 publish notice of the election:
(a) (i) once per week for three consecutive weeks before the election in a newspaper of
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 day of the
election;
(ii) if there is no newspaper of general circulation in the local political subdivision, at
least 21 days before the day of the election, by posting one notice, and at least one additional
notice per 2,000 population of the local political subdivision, in places within the local political
subdivision that are most likely to give notice to the voters in the local political subdivision; or
(iii) at least three weeks before the day of the election, by mailing notice to each
registered voter in the local political subdivision;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for three weeks
before the day of the election;
(c) in accordance with Section 
45-1-101
, for three weeks before the day of the election;
and
(d) if the local political subdivision has a website, on the local political subdivision's
website for at least three weeks before the day of 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 (8):
(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 (4) and (5).
(3) The election officer may change the location of, or establish an additional:
(a) voting precinct polling place, in accordance with Subsection (6);
(b) early voting polling place, in accordance with Subsection [
20A-3-603
]
20A-3a-603
(2); or
(c) election day voting center, in accordance with Subsection [
20A-3-703
]
20A-3a-703
(2).
(4) The notice described in Subsection (1) and the voter information pamphlet
described in Subsection (2):
(a) shall include, in the following order:
(i) the date of the election;
(ii) the hours during which the polls will be open;
(iii) the address of the Statewide Electronic Voter Information Website and, if
available, the address of the election officer's website, with a statement indicating that the
election officer will post on the website the location of each polling place for each voting
precinct, each early voting polling place, and each election day voting center, including any
changes to the location of a polling place and the location of an additional polling place;
(iv) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(v) the title and text of the ballot proposition, including the property tax cost of the
bond described in Subsection 
11-14-206
(2)(a); and
(b) may include the location of each polling place.
(5) The voter information pamphlet required by this section shall include:
(a) the information required under Subsection (4); 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.
(6) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadlines described in Subsections (1) and (2):
(i) if necessary, change the location of a voting precinct polling place; or
(ii) if the election officer determines that the number of voting precinct polling places
is insufficient due to the number of registered voters who are voting, designate additional
voting precinct polling places.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a voting precinct polling place or designates an additional voting precinct polling
place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
times, and location of a changed voting precinct polling place or an additional voting precinct
polling place:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of a voting precinct polling place, at the new location
and, if possible, the old location; and
(B) of an additional voting precinct polling place, at the additional voting precinct
polling place.
(7) The governing body shall pay the costs associated with the notice required by this
section.
(8) (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 (8)(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.
(9) A local school board shall comply with the voter information pamphlet
requirements described in Section 
53G-4-603
.
Section 2. Section 
11-14-203
 is amended to read:
11-14-203.
Time for election -- Equipment -- Election officials -- Combining
precincts.
(1) (a) The local political subdivision shall ensure that bond elections are conducted
and administered according to the procedures set forth in this chapter and the sections of the
Election Code specifically referenced by this chapter.
(b) When a local political subdivision complies with those procedures, there is a
presumption that the bond election was properly administered.
(2) (a) A bond election may be held, and the proposition for the issuance of bonds may
be submitted, on the same date as the regular general election, the municipal general election
held in the local political subdivision calling the bond election, or at a special election called
for the purpose on a date authorized by Section 
20A-1-204
.
(b) A bond election may not be held, nor a proposition for issuance of bonds be
submitted, at the presidential primary election held under Title 20A, Chapter 9, Part 8,
Presidential Primary Election.
(3) (a) The bond election shall be conducted and administered by the election officer
designated in Sections 
20A-1-102
 and 
20A-5-400.5
.
(b) (i) The duties of the election officer shall be governed by Title 20A, Chapter 5, Part
4, Election Officer's Duties.
(ii) The publishing requirement under Subsection 
20A-5-405
(1)[
(j)
]
(h)
(iii) does not
apply when notice of a bond election has been provided according to the requirements of
Section 
11-14-202
.
(c) The hours during which the polls are to be open shall be consistent with Section
20A-1-302
.
(d) The appointment and duties of election judges shall be governed by Title 20A,
Chapter 5, Part 6, Poll Workers.
(e) General voting procedures shall be conducted according to the requirements of Title
20A, Chapter 3, Voting.
(f) The designation of election crimes and offenses, and the requirements for the
prosecution and adjudication of those crimes and offenses are set forth in Title 20A, Election
Code.
(4) When a bond election is being held on a day when no other election is being held in
the local political subdivision calling the bond election, voting precincts may be combined for
purposes of bond elections so long as no voter is required to vote outside the county in which
the voter resides.
(5) When a bond election is being held on the same day as any other election held in a
local political subdivision calling the bond election, or in some part of that local political
subdivision, the polling places and election officials serving for the other election may also
serve as the polling places and election officials for the bond election, so long as no voter is
required to vote outside the county in which the voter resides.
Section 3. Section 
11-14-204
 is amended to read:
11-14-204.
Challenges to voter qualifications.
(1) Any person's qualifications to vote at a bond election may be challenged according
to the procedures and requirements of Sections [
20A-3-105.5
 and 
20A-3-202
] 
20A-3a-205
 and
20A-3a-803
.
(2) A bond election may not be invalidated on the grounds that ineligible voters voted
unless:
(a) it is shown by clear and convincing evidence that ineligible voters voted in
sufficient numbers to change the result of the bond election; and
(b) the complaint is filed before the expiration of the time period permitted for contests
in Subsection 
20A-4-403
(3).
(3) The votes cast by the voters shall be accepted as having been legally cast for
purposes of determining the outcome of the election, unless the court in a bond election contest
finds otherwise.
Section 4. Section 
11-14-206
 is amended to read:
11-14-206.
Ballots -- Submission of ballot language -- Form and contents.
(1) At least 75 days before the election, the governing body shall prepare and submit to
the election officer:
(a) a ballot title for the bond proposition that includes the name of the local political
subdivision issuing the bonds and the word "bond"; and
(b) a ballot proposition that meets the requirements of Subsection (2).
(2) (a) The governing body shall ensure that the ballot proposition includes:
(i) the maximum principal amount of the bonds;
(ii) the maximum number of years from the issuance of the bonds to final maturity;
(iii) the general purpose for which the bonds are to be issued; and
(iv) if issuance of the bonds will require the increase of 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
following information in substantially the following form and in the following order:
"PROPERTY TAX COST OF BONDS:
If the bonds are issued as planned, [if applicable: without regard to the taxes currently
levied for outstanding bonds that will reduce over time,] an annual property tax to pay debt
service on the bonds will be required over a period of ____ years in the estimated amount of
$____ (insert the average value of a residence in the taxing entity rounded to the nearest
thousand dollars) on a residence and in the estimated amount of $____ on a business property
having the same value.
[If applicable] If there are other outstanding bonds, an otherwise scheduled tax
decrease may not occur if these bonds are issued.
The foregoing information is only an estimate and is not a limit on the amount of taxes
that the governing body may be required to levy in order to pay debt service on the bonds. The
governing body is obligated to levy taxes to the extent provided by law in order to pay the
bonds."
(b) The governing body may state the purpose of the bonds in general terms and need
not specify the particular projects for which the governing body intends to issue the bonds or
the specific amount of bond proceeds that the governing body intends to expend for each
project.
(c) If the governing body intends that the bonds be payable in part from tax proceeds
and in part from the operating revenues of the local political subdivision, or from any
combination of tax proceeds and operating revenues, the governing body may indicate those
payment sources on the bond proposition, but need not specify how the governing body intends
to divide the bonds between those sources of payment.
(d) (i) The governing body shall ensure that the bond proposition is followed by the
words, "For the issuance of bonds" and "Against the issuance of bonds," with appropriate
boxes in which the voter may indicate the voter's choice.
(ii) Nothing in Subsection (2)(d)(i) prohibits the addition of descriptive information
about the bonds.
(3) If a bond proposition is submitted to a vote on the same day as any other election
held in the local political subdivision calling the bond election, the governing body or an
election officer may combine the bond proposition with the candidate ballot in a manner
consistent with Section 
20A-6-301
[
, 
20A-6-303
,
] or 
20A-6-402
.
(4) The governing body shall ensure that the ballot form complies with the
requirements of Title 20A, Chapter 6, Ballot Form.
Section 5. Section 
17B-1-306
 is amended to read:
17B-1-306.
Local district board -- Election procedures.
(1) Except as provided in Subsection (12), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election or the regular general election, as
applicable; and
(ii) at polling places designated by the local district board in consultation with the
county clerk for each county in which the local district is located, which polling places shall
coincide with municipal general election or regular general election polling places, as
applicable, whenever feasible.
(b) The local district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one consolidated
polling place.
(c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
polling place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) The clerk of each local district with a board member position to be filled at the next
municipal general election or regular general election, as applicable, shall provide notice of:
(a) each elective position of the local district to be filled at the next municipal general
election or regular general election, as applicable;
(b) the constitutional and statutory qualifications for each position; and
(c) the dates and times for filing a declaration of candidacy.
(4) The clerk of the local district shall publish the notice described in Subsection (3):
(a) by posting the notice on the Utah Public Notice Website created in Section
63F-1-701
, for 10 days before the first day for filing a declaration of candidacy; and
(b) (i) by posting the notice in at least five public places within the local district at least
10 days before the first day for filing a declaration of candidacy; or
(ii) publishing the notice:
(A) in a newspaper of general circulation within the local district at least three but no
more than 10 days before the first day for filing a declaration of candidacy;
(B) in accordance with Section 
45-1-101
, for 10 days before the first day for filing a
declaration of candidacy; and
(c) if the local district has a website, on the local district's website for 10 days before
the first day for filing a declaration of candidacy.
(5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
local district board position, an individual shall file a declaration of candidacy in person with
an official designated by the local district, during office hours, within the candidate filing
period for the applicable election year in which the election for the local district board is held.
(b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
filing time shall be extended until the close of normal office hours on the following regular
business day.
(c) Subject to Subsection (5)(f), an individual may designate an agent to file a
declaration of candidacy with the official designated by the local district if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the official designated by the local
district; and
(iii) the individual communicates with the official designated by the local district using
an electronic device that allows the individual and official to see and hear each other.
(d) (i) Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A) read to the individual the constitutional and statutory qualification requirements for
the office that the individual is seeking; and
(B) require the individual to state whether the individual meets those requirements.
(ii) If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii) If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election; and that, if
filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
period, and I hereby request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(f) An agent designated under Subsection (5)(c) may not sign the form described in
Subsection (5)(e).
(g) Each individual wishing to become a valid write-in candidate for an elective local
district board position is governed by Section 
20A-9-601
.
(h) If at least one individual does not file a declaration of candidacy as required by this
section, an individual shall be appointed to fill that board position in accordance with the
appointment provisions of Section 
20A-1-512
.
(i) If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 
20A-9-601
, the board, in accordance with Section
20A-1-206
, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(6) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii) according to the procedures for primary elections provided under Title 20A,
Election Code.
(7) (a) Except as provided in Subsection (7)(c), within one business day after the
deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
names to the clerk of each county in which the local district is located.
(b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
20A-6-305
, the clerk of each county in which the local district is located and the local district
clerk shall coordinate the placement of the name of each candidate for local district office in
the nonpartisan section of the ballot with the appropriate election officer.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible, the local
district board of trustees, in consultation with the county clerk, shall provide for a separate
local district election ballot to be administered by poll workers at polling locations designated
under Subsection (2).
(c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
prescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a
nonpartisan format.
(C) The name of each candidate shall be placed on the ballot in the order specified
under Section 
20A-6-305
.
(8) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(9) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(10) (a) Except as provided in Subsection 
17B-1-303
(8), a person elected to serve on a
local district board shall serve a four-year term, beginning at noon on the January 1 after the
person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
the county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear its own costs of each election it holds under this
section.
(12) This section does not apply to an improvement district that provides electric or gas
service.
(13) Except as provided in Subsection [
20A-3-605
] 
20A-3a-605
(1)(b), the provisions
of Title 20A, Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
(14) (a) As used in this Subsection (14), "board" means:
(i) a local district board; or
(ii) the administrative control board of a special service district that has elected
members on the board.
(b) A board may hold elections for membership on the board at a regular general
election instead of a municipal general election if the board submits an application to the
lieutenant governor that:
(i) requests permission to hold elections for membership on the board at a regular
general election instead of a municipal general election; and
(ii) indicates that holding elections at the time of the regular general election is
beneficial, based on potential cost savings, a potential increase in voter turnout, or another
material reason.
(c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
governor may approve the application if the lieutenant governor concludes that holding the
elections at the regular general election is beneficial based on the criteria described in
Subsection (14)(b)(ii).
(d) If the lieutenant governor approves a board's application described in this section:
(i) all future elections for membership on the board shall be held at the time of the
regular general election; and
(ii) the board may not hold elections at the time of a municipal general election unless
the board receives permission from the lieutenant governor to hold all future elections for
membership on the board at a municipal general election instead of a regular general election,
under the same procedure, and by applying the same criteria, described in this Subsection (14).
Section 6. 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
] 
ballots
 and tabulates the results.
(3) (a) "Ballot" means the storage medium, [
whether
] 
including a
 paper, mechanical, or
electronic 
storage medium
, [
upon which a voter records the voter's votes
] 
that records an
individual voter's vote
.
[
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
envelopes.
]
(b) "Ballot" does not include a record to tally multiple votes.
[
(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)
] 
(4)
 "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)
] 
(5)
 "Bind," "binding," or "bound" means securing more than one piece of paper
together [
with a staple or stitch
] 
using staples or another means
 in at least three places across
the top of the paper in the blank space reserved for securing the paper.
[
(8)
] 
(6)
 "Board of canvassers" means the entities established by Sections 
20A-4-301
and 
20A-4-306
 to canvass election returns.
[
(9)
] 
(7)
 "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)
] 
(8)
 "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)
] 
(9)
 "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
[
(14)
] 
(10)
 "Canvassing judge" means a poll worker designated to assist in counting
ballots at the canvass.
[
(15)
] 
(11)
 "Contracting election officer" means an election officer who enters into a
contract or interlocal agreement with a provider election officer.
[
(16)
] 
(12)
 "Convention" means the political party convention at which party officers
and delegates are selected.
[
(17)
] 
(13)
 "Counting center" means one or more locations selected by the election
officer in charge of the election for the automatic counting of ballots.
[
(18)
] 
(14)
 "Counting judge" means a poll worker designated to count the ballots
during election day.
[
(19)
] 
(15)
 "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
].
[
(20)
] 
(16)
 "County officers" means those county officers that are required by law to be
elected.
[
(21)
] 
(17)
 "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 by mail, military-overseas voting, or
emergency
 voting; or
(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
Voting.
[
(22)
] 
(18)
 "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
 or [
Chapter 1 
, Part 6,
Election Offenses - Generally
] 
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
Project
;
(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).
[
(23)
] 
(19)
 "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.
[
(24)
] 
(20)
 "Election Assistance Commission" means the commission established by
the Help America Vote Act of 2002, Pub. L. No. 107-252.
[
(25)
] 
(21)
 "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.
[
(26)
] 
(22)
 "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.
[
(27)
] 
(23)
 "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
.
[
(28)
] 
(24)
 "Election official" means any election officer, election judge, or poll
worker.
[
(29)
] 
(25)
 "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.
[
(30)
] 
(26)
 "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.
[
(31) "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.
]
[
(32)
] 
(27)
 "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.
[
(33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
]
[
(b) "Electronic voting device" includes a direct recording electronic voting device.
]
[
(34)
] 
(28)
 "Inactive voter" means a registered voter who is listed as inactive by a
county clerk under Subsection 
20A-2-306
(4)(c)(i) or (ii).
[
(35)
] 
(29)
 "Judicial office" means the office filled by any judicial officer.
[
(36)
] 
(30)
 "Judicial officer" means any justice or judge of a court of record or any
county court judge.
[
(37)
] 
(31)
 "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.
[
(38)
] 
(32)
 "Local district officers" means those local district board members that are
required by law to be elected.
[
(39)
] 
(33)
 "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.
[
(40)
] 
(34)
 "Local political subdivision" means a county, a municipality, a local
district, or a local school district.
[
(41)
] 
(35)
 "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.
(36) "Manual ballot" means a paper document produced by an election officer on
which an individual records an individual's vote by directly placing a mark on the paper
document using a pen or other marking instrument.
(37) "Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a) is created via electronic or mechanical means; and
(b) records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
[
(42)
] 
(38)
 "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
.
[
(43)
] 
(39)
 "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
.
[
(44)
] 
(40)
 "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.
[
(45)
] 
(41)
 "Municipal office" means an elective office in a municipality.
[
(46)
] 
(42)
 "Municipal officers" means those municipal officers that are required by
law to be elected.
[
(47)
] 
(43)
 "Municipal primary election" means an election held to nominate
candidates for municipal office.
[
(48)
] 
(44)
 "Municipality" means a city, town, or metro township.
[
(49)
] 
(45)
 "Official ballot" means the ballots distributed by the election officer [
to the
poll workers to be given to
] 
for
 voters to record their votes.
[
(50)
] 
(46)
 "Official endorsement" means[
: (a)
] the information on the ballot that
identifies:
[
(i)
] 
(a)
 the ballot as an official ballot;
[
(ii)
] 
(b)
 the date of the election; and
[
(iii) (A)
] 
(c) (i)
 for a ballot prepared by an election officer other than a county clerk,
the facsimile signature required by Subsection 
20A-6-401
(1)(a)(iii); or
[
(B)
] 
(ii)
 for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(b)(iii)[
; and
]
.
[
(b) the information on the ballot stub that identifies:
]
[
(i) the poll worker's initials; and
]
[
(ii) the ballot number.
]
[
(51)
] 
(47)
 "Official register" means the official record furnished to election officials
by the election officer that contains the information required by Section 
20A-5-401
.
[
(52) "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.
]
[
(53)
] 
(48)
 "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.
[
(54)
] 
(49)
 (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.
[
(55)
] 
(50)
 "Pollbook" means a record of the names of voters in the order that they
appear to cast votes.
[
(56)
] 
(51)
 "Polling place" means [
the
] 
a
 building where voting is conducted.
[
(57)
] 
(52)
 "Position" means a square, circle, rectangle, or other geometric shape on a
ballot in which the voter marks the voter's choice.
[
(58)
] 
(53)
 "Presidential Primary Election" means the election established in Chapter 9,
Part 8, Presidential Primary Election.
[
(59)
] 
(54)
 "Primary convention" means the political party conventions held during the
year of the regular general election.
[
(60)
] 
(55)
 "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.
[
(61)
] 
(56)
 "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
.
[
(62)
] 
(57)
 "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.
[
(63)
] 
(58)
 "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.
[
(64)
] 
(59)
 "Qualify" or "qualified" means to take the oath of office and begin
performing the duties of the position for which the [
person
] 
individual
 was elected.
[
(65)
] 
(60)
 "Receiving judge" means the poll worker that checks the voter's name in the
official register[
,
] 
at a polling location and
 provides the voter with a ballot[
, and removes the
ballot stub from the ballot after the voter has voted
].
[
(66)
] 
(61)
 "Registration form" means a [
book voter registration form and a by-mail
voter registration
] form 
by which an individual may register to vote under this title
.
[
(67)
] 
(62)
 "Regular ballot" means a ballot that is not a provisional ballot.
[
(68)
] 
(63)
 "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
.
[
(69)
] 
(64)
 "Regular primary election" means the election, held on the date specified in
Section 
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
[
(70)
] 
(65)
 "Resident" means a person who resides within a specific voting precinct in
Utah.
(66) "Return envelope" means the envelope, described in Subsection 
20A-3a-202
(4),
provided to a voter with a manual ballot:
(a) into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b) that includes the voter affidavit and a place for the voter's signature.
[
(71)
] 
(67)
 "Sample ballot" means a mock ballot similar in form to the official ballot
printed and distributed as provided in Section 
20A-5-405
.
[
(72)
] 
(68)
 "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.
[
(73) "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.
]
[
(74)
] 
(69)
 "Special election" means an election held as authorized by Section
20A-1-203
.
[
(75)
] 
(70)
 "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.
[
(76)
] 
(71)
 "Statewide special election" means a special election called by the governor
or the Legislature in which all registered voters in Utah may vote.
[
(77) "Stub" means the detachable part of each ballot.
]
[
(78) "Substitute ballots" means replacement ballots provided by an election officer to
the poll workers when the official ballots are lost or stolen.
]
(72) "Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
[
(79)
] 
(73)
 "Ticket" means a list of:
(a) political parties;
(b) candidates for an office; or
(c) ballot propositions. 
[
(80)
] 
(74)
 "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
[
(81)
] 
(75)
 "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.
[
(82)
] 
(76)
 "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 [
(82)
] 
(76)
(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.
[
(83)
] 
(77)
 "Valid write-in candidate" means a candidate who has qualified as a
write-in candidate by following the procedures and requirements of this title.
(78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a) mailing the ballot to the location designated in the mailing; or
(b) depositing the ballot in a ballot drop box designated by the election officer.
[
(84)
] 
(79)
 "Voter" means [
a person
] 
an individual
 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.
[
(85)
] 
(80)
 "Voter registration deadline" means the registration deadline provided in
Section 
20A-2-102.5
.
[
(86)
] 
(81)
 "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
[
(87)
] 
(82)
 "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.
[
(88) "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.
]
[
(89) "Voting machine" means a machine designed for the sole purpose of recording
and tabulating votes cast by voters at an election.
]
(83) "Voting device" means any device provided by an election officer for a voter to
vote a mechanical ballot.
[
(90)
] 
(84)
 "Voting precinct" means the smallest 
geographical
 voting unit
,
 established
[
as provided by law within which qualified voters vote at one polling place
] 
under Chapter 5,
Part 3, Duties of the County and Municipal Legislative Bodies
.
[
(91)
] 
(85)
 "Watcher" means an individual who complies with the requirements
described in Section [
20A-3-201
] 
20A-3a-801
 to become a watcher for an election.
[
(92)
] 
(86)
 "Write-in ballot" means a ballot containing any write-in votes.
[
(93)
] 
(87)
 "Write-in vote" means a vote cast for [
a person
] 
an individual,
 whose name
is not printed on the ballot [
according to
]
, in accordance with
 the procedures established in this
title.
Section 7. Section 
20A-1-308
 is amended to read:
20A-1-308.
Elections during declared emergencies.
(1) As used in this section, "declared emergency" means a state of emergency that:
(a) is declared by:
(i) the president of the United States;
(ii) the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster
Response and Recovery Act; or
(iii) the chief executive officer of a political subdivision in a proclamation under Title
53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and
(b) affects an election in the state, including:
(i) voting on election day;
(ii) early voting;
(iii) the transmittal or voting of [
an absentee ballot or military-overseas
] 
a
 ballot;
(iv) the counting of [
an absentee ballot or military-overseas
] 
a
 ballot; or
(v) the canvassing of election returns.
(2) During a declared emergency, the lieutenant governor may designate a method,
time, or location for, or relating to, an event described in Subsection (1)(b) that is different than
the method, time, or location described in this title.
(3) The lieutenant governor shall notify a voter or potential voter of a different method,
time, or location designated under Subsection (2) by:
(a) posting a notice on the Statewide Electronic Voter Information Website established
under Section 
20A-7-801
;
(b) notifying each election officer affected by the designation; and
(c) notifying a newspaper of general circulation within the state or a local media
correspondent.
Section 8. Section 
20A-1-403
 is amended to read:
20A-1-403.
Errors or omissions in ballots.
(1) The election officer shall, without delay, correct any errors in [
paper
] ballots [
or
ballot labels that he
] 
that the election officer
 discovers, or that are brought to [
his
] 
the election
officer's
 attention, if those errors can be corrected without interfering with the timely
distribution of the [
paper
] ballots [
or ballot labels
].
(2) (a) (i) If an error or omission has occurred in the publication of the names or
description of the candidates nominated for office, or in the printing of sample or official
ballots, a candidate or [
his
] 
the candidate's
 agent may file, without paying any fee, a petition for
ballot correction with the district court.
(ii) If a petition is filed, the petitioner shall serve a copy of the petition on the
respondents on the same day that the petition is filed with the court.
(b) The petition shall contain:
(i) an affidavit signed by the candidate or [
his
] 
the candidate's
 agent identifying the
error or omission; and
(ii) a request that the court issue an order to the election officer responsible for the
ballot error or omission to correct the ballot error or omission.
(3) (a) After reviewing the petition, the court shall:
(i) issue an order commanding the respondent named in the petition to appear before
the court to answer, under oath, to the petition;
(ii) summarily hear and dispose of any issues raised by the petition to obtain substantial
compliance with the provisions of this title by the parties to the controversy; and
(iii) [
make and enter orders and judgments, and issue the process of the court to
enforce all of those orders and judgments
] 
enter appropriate orders
.
(b) The court may assess costs, including [
a
] reasonable [
attorney's fee
] 
attorney fees
,
against either party.
Section 9. Section 
20A-1-601
 is amended to read:
20A-1-601.
Bribery in elections -- Paying for votes -- Penalties.
(1) A person may not, directly [
or
]
,
 indirectly, [
by himself
] or through any other
person:
(a) pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money or
other valuable consideration to or for any voter or to or for any other person:
(i) to induce the voter to vote or refrain from voting at any election provided by law;
(ii) to induce any voter to vote or refrain from voting at an election for any particular
person or measure;
(iii) to induce a voter to go to the polls or remain away from the polls at any election;
(iv) because a voter voted or refrained from voting for any particular person, or went to
the polls or remained away from the polls; or
(v) to obtain the political support or aid of any person at an election;
(b) give, offer, or promise any office, place, or employment, or to promise or procure,
or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any
other person, in order to:
(i) induce a voter to vote or refrain from voting at any election;
(ii) induce any voter to vote or refrain from voting at an election for any particular
person or measure; or
(iii) obtain the political support or aid of any person;
(c) advance or pay, or cause to be paid, any money or other valuable thing to, or for the
use of, any other person with the intent that the money or other valuable thing be used in
bribery at any election provided by law; or
(d) knowingly pay, or cause to be paid, any money or other valuable thing to any
person in discharge or repayment of any money expended wholly or in part in bribery at any
election.
(2) In addition to the penalties established in Subsections 
20A-1-609
(2) and (3), a
person who commits an offense under Subsection (1) is guilty of a third degree felony.
Section 10. Section 
20A-1-602
 is amended to read:
20A-1-602.
Receiving bribe -- Receiving payments for votes -- Penalties.
(1) A person may not, for [
himself
] 
the person
 or for any other person, directly or
indirectly, [
by himself
] or through any person, before, during, or after any election:
(a) receive, agree to receive, or contract for any money, gift, loan, or other valuable
consideration, office, place, or employment for:
(i) voting or agreeing to vote;
(ii) going or agreeing to go to the polls;
(iii) remaining or agreeing to remain away from the polls; or
(iv) refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or
refraining or agreeing to refrain from voting, for any particular person or measure at any
election provided by law; or
(b) receive any money or other valuable thing because the person induced any other
person to:
(i) vote or refrain from voting; or
(ii) vote or refrain from voting for any particular person or measure at any election
provided by law.
(2) In addition to the penalties established in Subsections 
20A-1-609
(2) and (3), a
person who commits an offense under Subsection (1) is guilty of a third degree felony.
Section 11. Section 
20A-1-603
 is amended to read:
20A-1-603.
Fraud, interference, disturbance -- Tampering with ballots or records
-- Penalties.
(1) (a) [
A person
] 
An individual
 may not fraudulently vote on 
the individual's
 behalf
[
of himself
] or 
on behalf of
 another, by:
(i) voting more than once at any one election;
(ii) knowingly handing in two or more ballots folded together;
(iii) changing any ballot after [
it has been
] 
the ballot is
 cast or deposited in the ballot
box
, or ballot drop box, or mailed
;
(iv) adding or attempting to add any ballot or vote to those legally polled at any
election by fraudulently introducing the ballot or vote into the ballot box or vote tally, either
before or after the ballots have been counted;
(v) adding to or mixing or attempting to add or mix, other ballots with the ballots
lawfully polled while those ballots are being counted or canvassed, or at any other time; or
(vi) voting in a voting district or precinct when the [
person
] 
individual
 knew or should
have known that the [
person
] 
individual
 was not eligible for voter registration in that district or
precinct, unless the [
person
] 
individual
 is legally entitled to vote the ballot under Section
20A-4-107
 or another provision of this title.
(b) A person may not fraudulently interfere with an election by:
(i) willfully 
tampering with,
 detaining, mutilating, or destroying any election returns;
(ii) in any manner, interfering with the officers holding an election or conducting a
canvass, or with the voters lawfully exercising their rights of voting at an election, so as to
prevent the election or canvass from being fairly held or lawfully conducted;
(iii) engaging in riotous conduct at any election, or interfering in any manner with any
election official in the discharge of the election official's duties;
(iv) inducing any election officer, or officer whose duty it is to ascertain, announce, or
declare the result of any election or to give or make any certificate, document, or evidence in
relation to any election, to violate or refuse to comply with the election officer's duty or any law
regulating the election officer's duty;
(v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or
other thing from a polling place, or from the possession of the person authorized by law to have
the custody of that thing; [
or
]
(vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or the
contents of a ballot drop box; or
[
(vi)
] 
(vii)
 aiding, counseling, providing, procuring, advising, or assisting any person to
do any of the acts [
specified
] 
described
 in this section.
(2) In addition to the penalties established in Subsections 
20A-1-609
(2) and (3), a
person who commits an offense under Subsection (1) is guilty of a class A misdemeanor.
Section 12. Section 
20A-1-604
 is amended to read:
20A-1-604.
Destroying voter instructions, sample ballots, or election
paraphernalia -- Penalties.
(1) A person may not:
(a) willfully deface or destroy any list of candidates posted in accordance with the
provisions of this title;
(b) willfully deface, tear down, remove or destroy any [
card of instruction
] 
voter
instructions
 or sample ballot, printed or posted for the instruction of voters during an election;
(c) willfully remove or destroy any of the supplies or conveniences furnished to enable
a voter to prepare the voter's ballot during an election; or
(d) willfully hinder the voting of others.
(2) In addition to the penalties established in Subsections 
20A-1-609
(2) and (3), a
person who commits an offense under Subsection (1) is guilty of an infraction.
Section 13. Section 
20A-1-605
 is amended to read:
20A-1-605.
Mutilating certificate of nomination -- Forging declination or
resignation -- Tampering with ballots.
(1) It is unlawful for any person to:
(a) falsely mark or willfully deface or destroy:
(i) any certificate of nomination or any part of a certificate of nomination; or
(ii) any letter of declination or resignation;
(b) file any certificate of nomination or letter of declination or resignation knowing it,
or any part of it, to be falsely made;
(c) suppress any certificate of nomination, or letter of declination or resignation, or any
part of a certificate of nomination or letter of declination or resignation that has been legally
filed;
(d) forge any letter of declination or resignation;
(e) falsely make the official endorsement on any ballot;
(f) willfully destroy or deface any ballot;
(g) willfully delay the delivery of any ballots;
(h) examine any ballot offered or cast at the polls or found in any ballot box 
or ballot
drop box
 for any purpose other than to determine which candidate was elected; and
(i) make or place any mark or device on any ballot in order to determine the name of
any person for whom the elector has voted.
(2) In addition to the penalties established in Subsections 
20A-1-609
(2) and (3), any
person convicted of any of the offenses established by this section is guilty of a class A
misdemeanor.
Section 14. Section 
20A-1-607
 is amended to read:
20A-1-607.
Inducing attendance at polls -- Payment of workers.
(1) (a) It is unlawful for a person to pay another for a loss incurred because an
individual voted or registered to vote.
(b) Subsection (1)(a) does not permit an employer to make a deduction from the usual
salary or wages of an employee who takes a leave of absence as authorized under Section
[
20A-3-103
] 
20A-3a-105
 for the purpose of voting.
(2) (a) A person may not pay for personal services performed or to be performed on the
day of a caucus, primary, convention, or election, or for any purpose connected with a caucus,
primary, convention, or election that directly or indirectly affect the result of the caucus,
primary, convention, or election.
(b) Subsection (2)(a) does not prohibit a person from hiring a person to act as a
watcher.
Section 15. Section 
20A-1-609
 is amended to read:
20A-1-609.
Omnibus penalties.
(1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
this title is guilty of a class B misdemeanor.
(b) Subsection (1)(a) does not apply to a provision of this title for which another
penalty is expressly stated.
(c) An individual is not guilty of a crime for, by signing a petition for an initiative or
referendum, falsely making the statement described in Subsection 
20A-7-203
(2)(e)(ii),
20A-7-303
(2)(h)(ii), 
20A-7-503
(2)(e), or 
20A-7-603
(2)(h).
(2) Except as provided by Section 
20A-2-101.3
 or 
20A-2-101.5
, an individual
convicted of any offense under this title may not:
(a) file a declaration of candidacy for any office or appear on the ballot as a candidate
for any office during the election cycle in which the violation occurred;
(b) take or hold the office to which the individual was elected; and
(c) receive the emoluments of the office to which the individual was elected.
(3) (a) Any individual convicted of any offense under this title forfeits the right to vote
at any election unless the right to vote is restored as provided in Section 
20A-2-101.3
 or
20A-2-101.5
.
(b) Any person may challenge the right to vote of a person described in Subsection
(3)(a) by following the procedures and requirements of Section [
20A-3-202
] 
20A-3a-803
.
Section 16. Section 
20A-2-102.5
 is amended to read:
20A-2-102.5.
Voter registration deadline.
(1) Except as 
otherwise
 provided in [
Section 
20A-2-201
, 
20A-2-204
, 
20A-2-206
,
20A-2-207
, or 
20A-4-107
, or
] Chapter 16, Uniform Military and Overseas Voters Act, [
a
person
] 
an individual
 who fails to 
timely
 submit a correctly completed voter registration form
[
on or before the voter registration deadline
] may not vote in the election.
(2) The voter registration deadline is [
calendar days before the date of the election.
]
as follows:
(a) the voter registration must be received by the county clerk no later than 5 p.m. 11
calendar days before the date of the election, if the individual registers to vote:
(i) at the office of the county clerk, in accordance with Section 
20A-2-201
;
(ii) by mail, in accordance with Section 
20A-2-202
;
(iii) via an application for a driver license, in accordance with Section 
20A-2-204
;
(iv) via a public assistance agency or a discretionary voter registration agency, in
accordance with Section 
20A-2-205
; or
(v) via electronic registration, in accordance with Section 
20A-2-206
;
(b) before the polls close on the last day of early voting, described in Section
20A-3a-601
, if the individual registers by casting a provisional ballot at an early voting
location in accordance with Section 
20A-2-207
; or
(c) before polls close on the date of the election, if the individual registers to vote on
the date of the election by casting a provisional ballot, in accordance with Section 
20A-2-207
.
Section 17. Section 
20A-2-108
 is amended to read:
20A-2-108.
Driver license or state identification card registration form --
Transmittal of information.
(1) As used in this section, "qualifying form" means:
(a) a driver license application form; or
(b) a state identification card application form.
(2) The lieutenant governor and the Driver License Division shall design each
qualifying form to include:
(a) the following question, which an applicant is required to answer: "Do you authorize
the use of information in this form for voter registration purposes? YES____ NO____"; 
and
[
(b) the following question, which an applicant is required to answer if the applicant
answers "yes" to the question described in Subsection (2)(a): "Any voter may register as an
absentee voter to receive ballots by mail. A voter may change this designation at any time.
Would you like to be registered as an absentee voter to receive your ballots by mail? YES____
NO ____"; and
]
[
(c)
] 
(b)
 the following statement: "You may request that your voter registration record
be classified as a private record by indicating here: ____Yes, I would like to request that my
voter registration record be classified as a private record."
(3) The lieutenant governor and the Driver License Division shall ensure that a
qualifying form contains:
(a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
Utah residency, and that the information provided in the form is true;
(b) a records disclosure that is similar to the records disclosure on a voter registration
form described in Section 
20A-2-104
;
(c) a statement that if an applicant declines to register or preregister to vote, the fact
that the applicant has declined to register or preregister will remain confidential and will be
used only for voter registration purposes;
(d) a statement that if an applicant does register or preregister to vote, the office at
which the applicant submits a voter registration application will remain confidential and will be
used only for voter registration purposes; and
(e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
where an individual may, if desired:
(i) indicate the individual's desired political affiliation from a listing of each registered
political party, as defined in Section 
20A-8-101
;
(ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
individual desires to affiliate; or
(iii) indicate that the individual does not wish to affiliate with a political party.
Section 18. Section 
20A-2-201
 is amended to read:
20A-2-201.
Registering to vote at office of county clerk.
(1) Except as provided in Subsection (3), the county clerk shall register to vote each
individual who registers in person at the county clerk's office during designated office hours if
the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
the county in accordance with Section 
20A-2-101
.
(2) If an individual who is registering to vote submits a registration form in person at
the office of the county clerk [
during designated office hours, during the period beginning on
the date after the voter registration deadline and ending on the date that is 15
] 
no later than 5
p.m. 11
 calendar days before the date of the election, the county clerk shall:
(a) accept [
the form if the individual, on the date of the election, will be legally
qualified and entitled to vote in a voting precinct in the county
] 
and process the voter
registration form
; [
and
]
[
(b) inform the individual that the individual will be registered to vote in the pending
election.
]
(b) unless the individual named in the form is preregistering to vote:
(i) enter the individual's name on the list of registered voters for the voting precinct in
which the individual resides; and
(ii) notify the individual that the individual is registered to vote in the upcoming
election; and
(c) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
(3) If an individual who is registering to vote and who will be legally qualified and
entitled to vote in a voting precinct in the county on the date of an election appears in person,
during designated office hours, and submits a registration form [
on the date of the election or
during the 14 calendar days before an election
] 
after the deadline described in Subsection (2)
,
the county clerk shall[
: (a)
] accept the registration form[
;
] and 
inform the individual that the
individual will not be registered to vote in the pending election, unless the individual registers
to vote by provisional ballot during the early voting period, if applicable, or on election day, in
accordance with Section 
20A-2-207
.
[
(b) (i) if the individual submits the registration form seven or more calendar days
before the date of an election, inform the individual that:
]
[
(A) the individual is registered to vote in the pending election; and
]
[
(B) for the pending election, the individual must vote on the day of the election or by
provisional ballot, under Section 
20A-2-207
, during the early voting period described in
Section 
20A-3-601
, because the individual registered late; or
]
[
(ii) if the individual submits the registration form on the date of an election or during
the six calendar days before an election, inform the individual:
]
[
(A) of each manner still available to the individual to timely register to vote in the
current election; and
]
[
(B) that, if the individual does not timely register in a manner described in Subsection
(3)(b)(ii)(A), the individual will be registered to vote but may not vote in the pending election
because the individual registered late.
]
Section 19. Section 
20A-2-202
 is amended to read:
20A-2-202.
Registration by mail.
(1) (a) [
A citizen
] 
An individual
 who will be qualified to vote at the next election may
register by mail.
(b) To register by mail, [
a citizen
] 
an individual
 shall complete and sign the [
by-mail
]
registration form and mail or deliver [
it
] 
the form
 to the county clerk of the county in which the
citizen resides.
(c) In order to register to vote in a particular election, the citizen shall:
(i) address the [
by-mail
] voter registration form to the county clerk; and
(ii) ensure that the [
by-mail
] voter registration form is [
postmarked on or before the
voter registration deadline or is otherwise marked by the post office as received by the post
office on or before the voter registration deadline
] 
received by the county clerk no later than 5
p.m. 11 calendar days before the date of the election
.
(d) The citizen has effectively registered to vote under this section only when the
county clerk's office has received a correctly completed [
by-mail
] voter registration form.
(2) Upon receipt of a 
timely,
 correctly completed [
by-mail
] voter registration form, the
county clerk shall[
, unless the individual named in the form is preregistering to vote
]:
(a) accept and process the voter registration form;
[
(a)
] 
(b) unless the individual named in the form is preregistering to vote:
(i)
 enter the applicant's name on the list of registered voters for the voting precinct in
which the applicant resides; and
[
(b) mail confirmation of registration to the newly registered voter after entering the
applicant's voting precinct number on that copy.
]
(ii) notify the individual that the individual is registered to vote in the upcoming
election; and
(c) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
(3) If the county clerk receives a correctly completed [
by-mail
] voter registration form
[
that is postmarked after the voter registration deadline, and is not otherwise marked by the
post office as received by the post office before the voter registration deadline
] 
after the
deadline described in Subsection (1)(c)
, the county clerk shall
, unless the individual is
preregistering to vote
:
[
(a) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
; or
]
[
(b) (i) unless the individual timely registers to vote in the current election in a manner
that permits registration after the voter registration deadline, register the individual after the
next election; and
]
(a) accept the application for registration; and
[
(ii)
] 
(b)
 if possible, promptly mail a notice to, or otherwise notify, the individual
before the election, informing the individual[
:
] 
that the individual will not be registered to vote
in the pending election, unless the individual registers to vote by provisional ballot during the
early voting period, if applicable, or on election day, in accordance with Section 
20A-2-207
.
[
(A) of each manner still available to the individual to timely register to vote in the
current election; and
]
[
(B) that, if the individual does not timely register in a manner described in Subsection
(3)(b)(ii)(A), the individual's registration will not be effective until after the election.
]
[
(4) When the county clerk receives a correctly completed by-mail voter registration
form before 5 p.m. no later than seven days before an election that is postmarked on or before
the date of the voter registration deadline, or is otherwise marked by the post office as received
by the post office on or before the voter registration deadline, the county clerk shall:
]
[
(a) process the by-mail voter registration form; and
]
[
(b) record the new voter in the official register.
]
[
(5)
] 
(4)
 If the county clerk determines that a registration form received by mail or
otherwise is incorrect because of an error or because [
it
] 
the registration form
 is incomplete, the
county clerk shall mail notice to the [
person
] 
individual
 attempting to register or preregister,
stating that the [
person
] 
individual
 has not been registered or preregistered because of an error
or because the 
registration
 form is incomplete.
Section 20. Section 
20A-2-204
 is amended to read:
20A-2-204.
Registering to vote when applying for or renewing a driver license.
(1) As used in this section, "voter registration form" means, when an individual named
on a qualifying form, as defined in Section 
20A-2-108
, answers "yes" to the question described
in Subsection 
20A-2-108
(2)(a), the information on the qualifying form that can be used for
voter registration purposes.
(2) A citizen who is qualified to vote may register to vote, and a citizen who is
qualified to preregister to vote may preregister to vote, by answering "yes" to the question
described in Subsection 
20A-2-108
(2)(a) and completing the voter registration form.
(3) The Driver License Division shall:
(a) assist an individual in completing the voter registration form unless the individual
refuses assistance;
(b) electronically transmit each address change to the lieutenant governor within five
days after the day on which the division receives the address change; and
(c) within five days after the day on which the division receives a voter registration
form, electronically transmit the form to the Office of the Lieutenant Governor, including the
following for the individual named on the form:
(i) the name, date of birth, driver license or state identification card number, last four
digits of the social security number, Utah residential address, place of birth, and signature;
(ii) a mailing address, if different from the individual's Utah residential address; 
(iii) an email address and phone number, if available;
(iv) the desired political affiliation, if indicated; and
(v) an indication of whether the individual requested that the individual's voter
registration record be classified as a private record under Subsection 
20A-2-108
(2)[
(c)
]
(b)
.
(4) Upon receipt of an individual's voter registration form from the Driver License
Division under Subsection (3), the lieutenant governor shall:
(a) enter the information into the statewide voter registration database; and
(b) if the individual requests on the individual's voter registration form that the
individual's voter registration record be classified as a private record, classify the individual's
voter registration record as a private record.
(5) The county clerk of an individual whose information is entered into the statewide
voter registration database under Subsection (4) shall:
(a) ensure that the individual meets the qualifications to be registered or preregistered
to vote; and
(b) (i) if the individual meets the qualifications to be registered to vote:
(A) ensure that the individual is assigned to the proper voting precinct; and
(B) send the individual the notice described in Section 
20A-2-304
; or
(ii) if the individual meets the qualifications to be preregistered to vote, process the
form in accordance with the requirements of Section 
20A-2-101.1
.
(6) (a) When the county clerk receives a correctly completed voter registration form
under this section, the clerk shall:
(i) comply with the applicable provisions of this Subsection (6); or
(ii) if the individual is preregistering to vote, comply with Section 
20A-2-101.1
.
(b) If the county clerk receives a correctly completed voter registration form under this
section [
during the period beginning on the date after the voter registration deadline and ending
at 5 p.m. on the date that is 15
] 
no later than 5 p.m. or, if submitting the form electronically,
midnight, 11
 calendar days before the date of an election, the county clerk shall:
(i) accept the voter registration form; and
(ii) unless the individual is preregistering to vote[
, inform the individual that the
individual is registered to vote in the pending election.
]
:
 (A) enter the individual's name on the list of registered voters for the voting precinct in
which the individual resides; and
(B) notify the individual that the individual is registered to vote in the upcoming
election; and
 (iii) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
[
(c) If the county clerk receives a correctly completed voter registration form under this
section during the period beginning on the date that is 14 calendar days before the election and
ending at 5 p.m. on the date that is seven calendar days before the election, the county clerk
shall:
]
[
(i) accept the voter registration form; and
]
[
(ii) unless the individual is preregistering to vote, inform the individual that:
]
[
(A) the individual is registered to vote in the pending election; and
]
[
(B) for the pending election, the individual must vote on the day of the election or by
provisional ballot, under Section 
20A-2-207
, during the early voting period described in
Section 
20A-3-601
 because the individual registered late.
]
[
(d)
] 
(c)
 If the county clerk receives a correctly completed voter registration form under
this section [
during the six calendar days before an election
] 
after the deadline described in
Subsection (6)(b)
, the county clerk shall
, unless the individual named in the form is
preregistering to vote
:
(i) accept the application for registration of the individual;
(ii) process the voter registration form;
 and
[
(ii)
] 
(iii)
 unless the individual is preregistering to vote, inform the individual[
:
] 
that
the individual will not be registered to vote in the pending election, unless the individual
registers to vote by provisional ballot during the early voting period, if applicable, or on
election day, in accordance with Section 
20A-2-207
.
[
(A) of each manner still available to the individual to timely register to vote in the
current election; and
]
[
(B) that, if the individual does not timely register in a manner described in Subsection
(6)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
because the individual registered late.
]
(7) (a) If the county clerk determines that an individual's voter registration form
received from the Driver License Division is incorrect because of an error, because the form is
incomplete, or because the individual does not meet the qualifications to be registered to vote,
the county clerk shall mail notice to the individual stating that the individual has not been
registered or preregistered because of an error, because the 
registration
 form is incomplete, or
because the individual does not meet the qualifications to be registered to vote.
(b) If a county clerk believes, based upon a review of a voter registration form, that an
individual, who knows that the individual is not legally entitled to register or preregister to
vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
the form to the county attorney for investigation and possible prosecution.
Section 21. Section 
20A-2-205
 is amended to read:
20A-2-205.
Registration at voter registration agencies.
(1) As used in this section:
(a) "Discretionary voter registration agency" means the same as that term is defined in
Section 
20A-2-300.5
.
(b) "Public assistance agency" means [
each office in Utah that provides: (i) public
assistance; or (ii) state funded programs primarily engaged in providing services to people
with disabilities
] 
the same as that term is defined in Section 
20A-2-300.5
.
(2) An individual may obtain and complete a [
by-mail
] registration form at a public
assistance agency or discretionary voter registration agency.
(3) Each public assistance agency and discretionary voter registration agency shall
provide, either as part of existing forms or on a separate form, the following information in
substantially the following form:
"REGISTERING TO VOTE
If you are not registered to vote where you live now, would you like to apply to register
or preregister to vote here today? (The decision of whether to register or preregister to vote will
not affect the amount of assistance that you will be provided by this agency.) Yes____ No____
IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you
would like help in filling out the voter registration form, we will help you. The decision about
whether to seek or accept help is yours. You may fill out the application form in private. If
you believe that someone has interfered with your right to register or preregister or to decline to
register or preregister to vote, your right to privacy in deciding whether to register or
preregister, or in applying to register or preregister to vote, or your right to choose your own
political party or other political preference, you may file a complaint with the Office of the
Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
of the Office of the Lieutenant Governor)."
(4) Unless [
a person
] 
an individual
 applying for service or assistance from a public
assistance agency or discretionary voter registration agency declines, in writing, to register or
preregister to vote, each public assistance agency and discretionary voter registration agency
shall:
(a) distribute a [
by-mail
] voter registration form with each application for service or
assistance provided by the agency or office;
(b) assist applicants in completing the voter registration form unless the applicant
refuses assistance;
(c) accept completed forms for transmittal to the appropriate election official; and
(d) transmit a copy of each voter registration form to the appropriate election official
within five days after [
it is received by the division
] 
the division receives the voter registration
form
.
(5) [
A person
] 
An individual
 in a public assistance agency or a discretionary voter
registration agency that helps [
a person
] 
an applicant
 complete the voter registration form may
not:
(a) seek to influence an applicant's political preference or party registration;
(b) display any political preference or party allegiance;
(c) make any statement to an applicant or take any action that has the purpose or effect
of discouraging the applicant from registering to vote; or
(d) make any statement to an applicant or take any action that has the purpose or effect
of leading the applicant to believe that a decision of whether to register or preregister has any
bearing upon the availability of services or benefits.
(6) [
Upon receipt of a correctly completed voter registration form
] 
If the county clerk
receives a correctly completed voter registration form under this section no later than 5 p.m. 11
calendar days before the date of an election
, the county clerk shall[
,
]
:
(a) accept and process the voter registration form;
(b)
 unless the individual named in the form is preregistering to vote:
[
(a)
] 
(i)
 enter the applicant's name on the list of registered voters for the voting precinct
in which the applicant resides; and
[
(b)
] 
(ii)
 notify the applicant [
of registration.
] 
that the applicant is registered to vote in
the upcoming election; and
(c) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
(7) If the county clerk receives a correctly completed voter registration form [
that is
dated after the voter registration deadline
] 
after the deadline described in Subsection (6)
, the
county clerk shall:
(a) accept the application for registration of the individual; and
(b) if possible, promptly inform the individual that the individual will not be registered
to vote in the pending election, unless the individual registers to vote by provisional ballot
during the early voting period, if applicable, or on election day, in accordance with Section
20A-2-207
.
[
(a) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
; or
]
[
(b) (i) unless the individual timely registers to vote in the current election in a manner
that permits registration after the voter registration deadline, register the individual after the
next election; and
]
[
(ii) if possible, promptly phone or mail a notice to the individual before the election,
informing the individual:
]
[
(A) of each manner still available to the individual to timely register to vote in the
current election; and
]
[
(B) that, if the individual does not timely register in a manner described in Subsection
(7)(b)(ii)(A), the individual's registration will not be effective until after the election.
]
[
(8) When the county clerk receives a correctly completed voter registration form
before 5 p.m. at least seven days before an election that is dated on or before the voter
registration deadline, the county clerk shall:
]
[
(a) process the voter registration form; and
]
[
(b) record the new voter in the official register.
]
[
(9)
] 
(8)
 If the county clerk determines that a voter registration form received from a
public assistance agency or discretionary voter registration agency is incorrect because of an
error or because [
it
] 
the voter registration form
 is incomplete, the county clerk shall mail notice
to the individual attempting to register or preregister to vote, stating that the individual has not
been registered or preregistered to vote because of an error or because the 
voter registration
form is incomplete.
Section 22. Section 
20A-2-206
 is amended to read:
20A-2-206.
Electronic registration.
(1) The lieutenant governor [
may
] 
shall
 create and maintain an electronic system that is
publicly available on the Internet for an individual to apply for voter registration or
preregistration [
and for an individual to request an absentee ballot
].
(2) An electronic system for voter registration or preregistration shall require:
(a) that an applicant have a valid driver license or identification card, issued under Title
53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
of residence;
(b) that the applicant provide the information required by Section 
20A-2-104
, except
that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
and (4);
(c) that the applicant attest to the truth of the information provided; and
(d) that the applicant authorize the lieutenant governor's and county clerk's use of the
applicant's:
(i) driver license or identification card signature, obtained under Title 53, Chapter 3,
Uniform Driver License Act, for voter registration purposes; or
(ii) signature on file in the lieutenant governor's statewide voter registration database
developed under Section 
20A-2-109
.
(3) Notwithstanding Section 
20A-2-104
, an applicant using the electronic system for
voter registration or preregistration created under this section is not required to complete a
printed registration form.
(4) A system created and maintained under this section shall provide the notices
concerning a voter's presentation of identification contained in Subsection 
20A-2-104
(1).
(5) The lieutenant governor shall:
(a) obtain a digital copy of the applicant's driver license or identification card signature
from the Driver License Division; or
(b) ensure that the applicant's signature is already on file in the lieutenant governor's
statewide voter registration database developed under Section 
20A-2-109
.
(6) The lieutenant governor shall send the information to the county clerk for the
county in which the applicant's principal place of residence is found for further action as
required by Section 
20A-2-304
 after:
(a) receiving all information from an applicant; and
(b) (i) receiving all information from the Driver License Division; or
(ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
statewide voter registration database developed under Section 
20A-2-109
.
(7) The lieutenant governor may use additional security measures to ensure the
accuracy and integrity of an electronically submitted voter registration.
(8) If an individual applies to register under this section [
during the period beginning
on the date after the voter registration deadline and ending on the date that is 15
] 
no later than
 calendar days before the date of an election, the county clerk shall[
, unless the individual is
preregistering to vote
]:
(a) accept and process the voter registration form;
(b) unless the individual named in the form is preregistering to vote:
(i) enter the applicant's name on the list of registered voters for the voting precinct in
which the applicant resides; and
(ii) notify the individual that the individual is registered to vote in the upcoming
election; and
(c) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
[
(a) accept the application for registration if the individual, on the date of the election,
will be legally qualified and entitled to vote in a voting precinct in the state; and
]
[
(b) inform the individual that the individual is registered to vote in the pending
election.
]
(9) If an individual applies to register under this section [
during the period beginning
on the date that is 14 calendar days before the election and ending on the date that is seven
calendar days before the election
] 
after the deadline described in Subsection (8)
, the county
clerk shall, unless the individual is preregistering to vote:
(a) accept the application for registration [
if the individual, on the date of the election,
will be legally qualified and entitled to vote in a voting precinct in the state
]; and
(b) if possible, promptly inform the individual that the individual will not be registered
to vote in the pending election, unless the individual registers to vote by provisional ballot
during the early voting period, if applicable, or on election day, in accordance with Section
20A-2-207
.
[
(b) inform the individual that:
]
[
(i) the individual is registered to vote in the pending election; and
]
[
(ii) for the pending election, the individual must vote on the day of the election or by
provisional ballot, under Section 
20A-2-207
, during the early voting period described in
Section 
20A-3-601
 because the individual registered late.
]
[
(10) If an individual applies to register under this section during the six calendar days
before an election, the county clerk shall:
]
[
(a) if the individual is preregistering to vote, comply with Section 
20A-2-101.1
; or
]
[
(b) (i) accept the application for registration if the individual, on the date of the
election, will be legally qualified and entitled to vote in a voting precinct in the state; and
]
[
(ii) unless the individual timely registers to vote in the current election in a manner
that permits registration after the voter registration deadline, inform the individual:
]
[
(A) of each manner still available to the individual to timely register to vote in the
current election; and
]
[
(B) that, if the individual does not timely register in a manner described in Subsection
(10)(b)(ii)(A), the individual is registered to vote but may not vote in the pending election
because the individual registered late.
]
[
(11) (a) A registered voter may file an application for an absentee ballot in accordance
with Section 
20A-3-304
 on the electronic system for voter registration established under this
section.
]
[
(b)
] 
(10)
 The lieutenant governor shall provide a means by which a registered voter
shall sign the application form as provided in Section 
20A-3-304
.
Section 23. Section 
20A-2-207
 is amended to read:
20A-2-207.
Registration by provisional ballot.
(1) An individual who is not registered to vote may register to vote, and vote, on
election day or during the early voting period described in Section [
20A-3-601
] 
20A-3a-601
,
by voting a provisional ballot, if:
(a) the individual is otherwise legally entitled to vote the ballot;
(b) the ballot is identical to the ballot for the precinct in which the individual resides;
(c) the information on the provisional ballot form is complete; and
(d) the individual provides valid voter identification and proof of residence to the poll
worker.
(2) If a provisional ballot and the individual who voted the ballot comply with the
requirements described in Subsection (1), the election officer shall:
(a) consider the provisional ballot a voter registration form;
(b) place the ballot with the [
absentee
] 
other
 ballots, to be counted with those ballots at
the canvass; and
(c) as soon as reasonably possible, register the individual to vote.
(3) Except as provided in Subsection (4), the election officer shall retain a provisional
ballot form, uncounted, for the period specified in Section 
20A-4-202
, if the election officer
determines that the individual who voted the ballot:
(a) is not registered to vote and is not eligible for registration under this section; or
(b) is not legally entitled to vote the ballot that the individual voted.
(4) Subsection (3) does not apply if a court orders the election officer to produce or
count the provisional ballot.
(5) The lieutenant governor shall report to the Government Operations Interim
Committee on or before [
October 31, 2018, and on or before
] October 31, 2020, regarding:
(a) implementation of registration by provisional ballot, as described in this section, on
a statewide basis;
(b) any difficulties resulting from the implementation described in Subsection (5)(a);
(c) the effect of registration by provisional ballot on voter participation in Utah;
(d) the number of ballots cast by voters who registered by provisional ballot:
(i) during the early voting period described in Section [
20A-3-601
] 
20A-3a-601
; and
(ii) on election day; and
(e) suggested changes in the law relating to registration by provisional ballot.
Section 24. Section 
20A-2-300.5
 is amended to read:
20A-2-300.5.
Definitions.
As used in this part:
(1) "Discretionary voter registration agency" means each office designated by the
county clerk to provide [
by-mail
] voter registration forms to the public.
(2) "Public assistance agency" means each office in Utah that provides:
(a) public assistance; and
(b) state funded programs primarily engaged in providing services to people with
disabilities.
Section 25. Section 
20A-2-301
 is amended to read:
20A-2-301.
County clerk responsibilities -- Voter registration forms.
(1) Each county clerk shall provide [
book voter registration forms and by-mail
] voter
registration forms for use in the voter registration process.
(2) (a) Each county clerk shall[
: (i) designate certain offices within the county to
provide by-mail voter registration forms to the public; and (ii) provide by-mail voter
registration forms
] 
provide a copy of the voter registration form
 to each public assistance
agency and discretionary voter registration agency.
(b) Each county clerk may provide [
copies of by-mail voter registration forms
] 
a copy
of the voter registration form
 to public school districts and nonpublic schools as provided in
Section 
20A-2-302
.
[
(3) Each regular general election year, the county clerk shall provide by-mail voter
registration forms to the political parties in a quantity requested by the political parties, as
needed.
]
[
(4) Candidates, parties, organizations, and interested persons may purchase by-mail
voter registration forms from the county clerk or from the printer.
]
[
(5)
] 
(3)
 (a) The clerk shall make [
book voter registration forms available to interested
organizations in lots of 250, to be replaced when each lot of 200 is returned to the county
clerk.
] 
a copy of the voter registration form available to any person upon request.
(b) A person may make multiple copies of the voter registration form at the person's
own expense.
[
(b) Interested organizations that receive book voter registration forms from the county
clerk shall return the forms
]
(c) A person shall provide all completed voter registration forms in the person's
possession
 to the county clerk 
at or
 before 5 p.m. on the day of the voter registration deadline.
[
(6)
] 
(4)
 The county clerk may not refuse to register [
any person
] 
an individual
 to vote
for failing to provide a telephone number on the voter registration form.
[
(7)
] 
(5)
 (a) It is unlawful for any person 
in possession of a completed voter registration
form, other than the person's own completed voter registration form,
 to willfully fail or refuse
to 
timely
 deliver 
the
 completed voter registration [
forms, obtained as provided in this section,
]
form
 to the county clerk.
(b) A person who violates this Subsection [
(7)
] 
(5)
 is guilty of a class B misdemeanor.
Section 26. Section 
20A-2-302
 is amended to read:
20A-2-302.
Voter registration forms for high school students.
(1) (a) A county clerk may:
(i) contact each high school and each accredited nonpublic high school in the county;
(ii) determine the number of high school seniors; and
(iii) distribute [
by-mail
] voter registration forms to each accredited public or private
high school in an amount sufficient for distribution to each high school senior.
(b) The county clerk shall process a voter registration form received from an individual
under this section in accordance with Section 
20A-2-101.1
.
(2) Each public school and accredited nonpublic school may:
(a) include the [
by-mail
] voter registration form in the senior registration packet; and
(b) collect and forward completed [
by-mail
] voter registration forms to the county
clerk.
Section 27. Section 
20A-2-304
 is amended to read:
20A-2-304.
County clerk's responsibilities -- Notice of disposition.
Each county clerk shall:
(1) register to vote each individual who meets the requirements for registration and
who:
(a) submits a completed voter registration form to the county clerk;
(b) submits a completed voter registration form, as defined in Section 
20A-2-204
, to
the Driver License Division;
(c) submits a completed voter registration form to a public assistance agency or a
discretionary voter registration agency; or
(d) mails a completed [
by-mail
] voter registration form to the county clerk; and
(2) within 30 days after the day on which the county clerk processes a voter registration
form, send a notice to the individual who submits the form that:
(a) (i) informs the individual that the individual's voter registration form has been
accepted and that the individual is registered to vote;
(ii) informs the individual of the procedure for designating or changing the individual's
political affiliation; and
(iii) informs the individual of the procedure to cancel a voter registration;
(b) informs the individual that the individual's voter registration form has been rejected
and the reason for the rejection; or
(c) (i) informs the individual that the individual's voter registration form is being
returned to the individual for further action because the form is incomplete; and
(ii) gives instructions to the individual on how to properly complete the form.
Section 28. Section 
20A-2-307
 is amended to read:
20A-2-307.
County clerks' instructions to election judges.
(1) Each county clerk shall instruct election judges to allow a voter to vote a regular
ballot if:
(a) the voter has moved from one address within a voting precinct to another address
within the same voting precinct; and
(b) the voter affirms the change of address orally or in writing before the election
judges.
(2) Each county clerk shall instruct election judges to allow an individual to vote a
provisional ballot if:
(a) the individual is not registered to vote, but is otherwise legally entitled to vote
under Section 
20A-2-207
;
(b) the voter's name does not appear on the official register; or
(c) the voter is challenged as provided in Section [
20A-3-202
] 
20A-3a-803
.
Section 29. Section 
20A-3a-101
 is enacted to read:
CHAPTER 3a. VOTING
Part 1. General Voting Provisions
 20A-3a-101.
Title.
This chapter is known as "Voting."
Section 30. Section 
20A-3a-102
, which is renumbered from Section 20A-3-101 is
renumbered and amended to read:
[
20A-3-101
].
 20A-3a-102.
Residency and age requirements of voters.
(1) An individual may vote in any regular general election or statewide special election
if that individual has registered to vote in accordance with Chapter 2, Voter Registration.
(2) An individual may vote in the presidential primary election or a regular primary
election if:
(a) that individual has registered to vote in accordance with Chapter 2, Voter
Registration; and
(b) that individual's political party affiliation, or unaffiliated status, allows the person
to vote in the election.
(3) An individual may vote in a municipal general election, municipal primary election,
local special election, local district election, and bond election if that individual:
(a) has registered to vote in accordance with Chapter 2, Voter Registration; and
(b) is a resident of a voting district or precinct within the local entity that is holding the
election.
Section 31. Section 
20A-3a-103
, which is renumbered from Section 20A-3-101.5 is
renumbered and amended to read:
[
20A-3-101.5
].
 20A-3a-103.
Age requirements for primary elections --
17-year-olds may vote.
An individual who is 17 years of age may vote in a regular primary election, a
municipal primary election, or a presidential primary election, if:
(1) the individual will be 18 years of age on or before the day of the general election
that immediately follows the regular primary election, municipal primary election, or
presidential primary election;
(2) the individual is registered to vote in accordance with Chapter 2, Voter
Registration;
(3) the individual's political party affiliation, or unaffiliated status, allows the
individual to vote in the election; and
(4) the individual otherwise complies with the requirements to vote in the primary
election.
Section 32. Section 
20A-3a-104
, which is renumbered from Section 20A-3-102 is
renumbered and amended to read:
[
20A-3-102
].
 20A-3a-104.
Voting by secret ballot.
All voting at each regular and municipal general election, at each statewide or local
special election, at each primary election, at each local district election, and at each bond
election shall be by secret ballot.
Section 33. Section 
20A-3a-105
, which is renumbered from Section 20A-3-103 is
renumbered and amended to read:
[
20A-3-103
].
 20A-3a-105.
Employee's right to time off for election.
(1) (a) Each employer shall allow any voter to be absent from service or employment
on election day for not more than two hours between the time the polls open and close.
(b) The voter shall apply for a leave of absence before election day.
(c) (i) The employer may specify the hours during which the employee may be absent.
(ii) If the employee requests the leave of absence at the beginning or end of the work
shift, the employer shall grant that request.
(d) The employer may not deduct from an employee's usual salary or wages because of
the absence.
(2) This section does not apply to an employee who has three or more hours between
the time polls open and close during which the employee is not employed on the job.
(3) Any employer who violates this section is guilty of a class B misdemeanor.
Section 34. Section 
20A-3a-201
 is enacted to read:
Part 2. Voting Procedures
 20A-3a-201.
Voting methods.
(1) Except for an election conducted entirely by mail under Section 
20A-7-609.5
, a
voter may vote as follows:
 (a) by mail;
(b) at a polling location during early voting hours;
(c) at a polling location on election day when the polls are open;
(d) if the voter is an individual with a disability, by voting remotely, via a mechanical
ballot or via electronic means if approved by the election officer;
(e) electronically or via a federal write-in absentee ballot if the voter is a covered voter,
as defined in Section 
20A-16-102
; or
(f) by emergency ballot, in accordance with Part 3, Emergency Ballots.
(2) A voter may not vote at a polling place if the voter voted by mail or in a manner
described in Subsections (2)(d) through (f).
Section 35. Section 
20A-3a-202
, which is renumbered from Section 20A-3-302 is
renumbered and amended to read:
[
20A-3-302
].
 20A-3a-202.
Conducting election by mail.
(1) [
(a) Notwithstanding Section 
17B-1-306
, an
] 
Except as otherwise provided for an
election conducted entirely by mail under Section 
20A-7-609.5
, an
 election officer [
may
] 
shall
administer an election [
by absentee ballot under
] 
primarily by mail, in accordance with
 this
section.
[
(b) An election officer who administers an election by absentee ballot, except for an
election conducted under Section 
20A-7-609.5
, shall, before the following dates, notify the
lieutenant governor that the election will be administered by absentee ballot:
]
[
(i) February 1 of an even-numbered year if the election is a regular general election;
or
]
[
(ii) May 1 of an odd-numbered year if the election is a municipal general election.
]
(2) An election officer who administers an election [
by absentee ballot
]:
(a) shall 
in accordance with Subsection (3), no sooner than 21 days before election day
and no later than seven days before election day,
 mail to each active voter within a voting
precinct:
(i) [
an absentee
] 
a manual
 ballot;
(ii) a return envelope;
[
(ii) for an election administered by a county clerk, information regarding the location
and hours of operation of any election day voting center at which the voter may vote;
]
[
(iii) a courtesy reply mail envelope;
]
[
(iv)
] 
(iii)
 instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted; [
and
]
(iv) for an election administered by a county clerk, information regarding the location
and hours of operation of any election day voting center at which the voter may vote or a
website address where the voter may view this information; and
(v) for an election administered by an election officer other than a county clerk, if the
election officer does not operate a polling location or an election day voting center, a warning,
on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
the instructions included with the [
absentee
] ballot, the voter will be unable to vote in that
election because there will be no polling place [
in
] 
for
 the voting precinct on the day of the
election; and
(b) may not mail [
an absentee
] 
a
 ballot under this section to:
(i) an inactive voter
, unless the inactive voter requests a manual ballot
; or
(ii) a voter whom the election officer is prohibited from sending [
an absentee
] 
a
 ballot
under Subsection [
(8)
] 
(10)
(c)(ii).
[
(3) A voter who votes by absentee ballot under this section is not required to apply for
an absentee ballot as required by this part.
]
(3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
the manual ballot to the address:
(i) provided at the time of registration; or
(ii) if, at or after the time of registration, the voter files an alternate address request
form described in Subsection (3)(b), the alternate address indicated on the form.
(b) The lieutenant governor shall make available to voters an alternate address request
form that permits a voter to request that the election officer mail the voter's ballot to a location
other than the voter's residence.
(c) A voter shall provide the completed alternate address request form to the election
officer no later than 11 days before the day of the election.
(4) The return envelope shall include:
(a) the name, official title, and post office address of the election officer on the front of
the envelope;
(b) a space where a voter may write an email address and phone number by which the
election officer may contact the voter if the voter's ballot is rejected;
(c) a printed affidavit in substantially the following form:
"County of ____State of ____
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
currently incarcerated for commission of a felony.
______________________________
Signature of Voter"; and
(d) a warning that the affidavit must be signed by the individual to whom the ballot
was sent and that the ballot will not be counted if the signature on the affidavit does not match
the signature on file with the election officer of the individual to whom the ballot was sent.
(5) If the election officer determines that the voter is required to show valid voter
identification, the election officer may:
(a) mail a ballot to the voter; and
(b) instruct the voter to include a copy of the voter's valid voter identification with the
return ballot.
[
(4)
] 
(6)
 An election officer who administers an election [
by absentee ballot
] shall:
(a) (i) 
before the election,
 obtain[
, in person,
] the signatures of each voter [
within that
voting precinct before
] 
qualified to vote in
 the election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
[
(5)
] 
(7)
 Upon receipt of a returned [
absentee
] ballot, the election officer shall review
and process the ballot under Section [
20A-3-308
] 
20A-3a-401
.
[
(6)
] 
(8)
 A county that administers an election [
by absentee ballot
]:
(a) shall provide at least one election day voting center in accordance with Chapter 3,
Part 7, Election Day Voting Center, 
and at least one additional election day voting center
 for
every 5,000 active voters in the county who [
will not receive an absentee ballot, but not fewer
than one election day voting center
] 
have requested to not receive a ballot by mail
;
(b) shall ensure that each election day voting center operated by the county has at least
one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
Pub. L. No. 107-252, for individuals with disabilities;
(c) may reduce the early voting period described in Section [
20A-6-301
] 
20A-3a-601
,
if:
(i) the county clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the county clerk provides notice of the reduced early voting period in accordance
with Section [
20A-3-604
] 
20A-3a-604
;
(d) is not required to pay return postage for [
an absentee
] 
a
 ballot; and
(e) is subject to an audit conducted under Subsection [
(7)
] 
(9)
.
[
(7)
] 
(9)
 (a) The lieutenant governor shall:
(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
an election conducted under this section; and
(ii) after each primary, general, or special election conducted under this section, select
a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
developed under Subsection [
(7)
] 
(9)
(a)(i).
(b) The lieutenant governor shall post the results of an audit conducted under this
Subsection [
(7)
] 
(9)
 on the lieutenant governor's website.
[
(8)
] 
(10)
 (a) An individual [
in a jurisdiction that conducts an election by absentee
ballot
] may request that the election officer not send the individual a ballot by mail in the next
and subsequent elections by submitting a written request to the election officer.
(b) An individual shall submit the request described in Subsection [
(8)
] 
(10)
(a) to the
election officer before 5 p.m. no later than 60 days before an election if the individual does not
wish to receive [
an absentee
] 
a
 ballot 
by mail
 in that election.
(c) An election officer who receives a request from an individual under Subsection
[
(8)
] 
(10)
(a):
(i) shall remove the individual's name from the list of voters who will receive [
an
absentee
] 
a
 ballot 
by mail
; and
(ii) may not send the individual [
an absentee
] 
a
 ballot 
by mail
 for:
(A) the next election, if the individual submits the request described in Subsection [
(8)
]
(10)
(a) before the deadline described in Subsection [
(8)
] 
(10)
(b); or
(B) an election after the election described in Subsection [
(8)
] 
(10)
(c)(ii)(A).
(d) An individual who submits a request under Subsection [
(8)
] 
(10)
(a) may resume the
individual's receipt of [
an absentee ballot in an election conducted under this section by filing
an absentee ballot request under Section 
20A-3-304
] 
a ballot by mail by submitting a written
request to the election officer
.
Section 36. Section 
20A-3a-203
, which is renumbered from Section 20A-3-104 is
renumbered and amended to read:
[
20A-3-104
].
 20A-3a-203.
Voting at a polling place.
(1) Except as provided in Section 
20A-7-609.5,
 a registered voter may vote at a polling
place in an election in accordance with this section.
[
(1)
] 
(2)
 (a) [
Any registered voter desiring to vote
] 
The voter
 shall give the voter's
name, and, if requested, the voter's residence, to one of the poll workers.
(b) The voter shall present valid voter identification to one of the poll workers.
(c) If the poll worker is not satisfied that the voter has presented valid voter
identification, the poll worker shall:
(i) indicate on the official register that the voter was not properly identified;
(ii) issue the voter a provisional ballot;
(iii) notify the voter that the voter will have until the close of normal office hours on
Monday after the day of the election to present valid voter identification:
(A) to the county clerk at the county clerk's office; or
(B) to an election officer who is administering the election; and
(iv) follow the procedures and requirements of Section [
20A-3-105.5
] 
20A-3a-205
.
(d) If the person's right to vote is challenged as provided in Section [
20A-3-202
]
20A-3a-803
, the poll worker shall follow the procedures and requirements of Section
[
20A-3-105.5
] 
20A-3a-205
.
[
(2) (a) The poll worker in charge of the official register shall check the official register
to determine whether or not a person is registered to vote.
]
[
(b) If the voter's name is not found on the official register, the poll worker shall follow
the procedures and requirements of Section 
20A-3-105.5
.
]
[
(3) If the poll worker determines that the voter is registered and:
]
[
(a) if the ballot is a paper ballot or a ballot sheet:
]
[
(i) the poll worker in charge of the official register shall:
]
[
(A) write the ballot number opposite the name of the voter in the official register; and
]
[
(B) direct the voter to sign the voter's name in the election column in the official
register;
]
[
(ii) another poll worker shall list the ballot number and voter's name in the pollbook;
and
]
[
(iii) the poll worker having charge of the ballots shall:
]
[
(A) endorse the poll worker's initials on the stub;
]
[
(B) check the name of the voter on the pollbook list with the number of the stub;
]
[
(C) hand the voter a ballot; and
]
[
(D) allow the voter to enter the voting booth; or
]
[
(b) if the ballot is an electronic ballot:
]
[
(i) the poll worker in charge of the official register shall direct the voter to sign the
voter's name in the official register;
]
[
(ii) another poll worker shall list the voter's name in the pollbook; and
]
[
(iii) the poll worker having charge of the ballots shall:
]
[
(A) provide the voter access to the electronic ballot; and
]
[
(B) allow the voter to vote the electronic ballot.
]
[
(4) Whenever the election officer is required to furnish more than one kind of official
ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
voter the kind of ballot that the voter is qualified to vote.
]
(3) A poll worker shall check the official register to determine whether:
(a) a voter is registered to vote; and
(b) if the election is a regular primary election or a presidential primary election,
whether a voter's party affiliation designation in the official register allows the voter to vote the
ballot that the voter requests.
(4) (a) Except as provided in Subsection (5), if the voter's name is not found on the
official register, the poll worker shall follow the procedures and requirements of Section
20A-3a-205
.
(b) If, in a regular primary election or a presidential primary election, the official
register does not affirmatively identify the voter as being affiliated with a registered political
party or if the official register identifies the voter as being "unaffiliated," the voter shall be
considered to be "unaffiliated."
(5) In a regular primary election or a presidential primary election:
(a) if a voter's name is not found on the official register, and if it is not unduly
disruptive to the election process, the poll worker may attempt to contact the county clerk's
office to request oral verification of the voter's registration;
(b) if oral verification is received from the county clerk's office, the poll worker shall:
(i) record the verification on the official register;
(ii) determine the voter's party affiliation and the ballot that the voter is qualified to
vote; and
(iii) except as provided in Subsection (6), comply with Subsection (3).
(6) (a) Except as provided in Subsection (6)(b), if, in a regular primary election or a
presidential primary election, the voter's political party affiliation listed in the official register
does not allow the voter to vote the ballot that the voter requested, the poll worker shall inform
the voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
does allow the voter to vote.
(b) If, in a regular primary election or a presidential primary election, the voter is listed
in the official register as unaffiliated, or if the official register does not affirmatively identify
the voter as either unaffiliated or affiliated with a registered political party, and the voter, as an
unaffiliated voter, is not authorized to vote the ballot that the voter requests, the poll worker
shall:
(i) ask the voter if the voter wishes to vote another registered political party ballot that
the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
(ii) (A) if the voter wishes to vote another registered political party ballot that the
unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
(3); or
(B) if the voter wishes to remain unaffiliated and does not wish to vote another ballot
that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
voter may not vote.
(7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions
of Subsection (6), if the poll worker determines that the voter is registered, a poll worker shall:
(a) direct the voter to sign the voter's name in the official register;
(b) provide to the voter the ballot that the voter is qualified to vote; and
(c) allow the voter to enter the voting booth.
Section 37. Section 
20A-3a-204
 is enacted to read:
 20A-3a-204.
Marking and depositing ballots.
(1) To vote by mail:
(a) except as provided in Subsection (6), the voter shall prepare the voter's manual
ballot by marking the appropriate space with a mark opposite the name of each candidate of the
voter's choice for each office to be filled;
(b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
appropriate space with a mark opposite the answer the voter intends to make;
(c) except as provided in Subsection (6), the voter shall record a write-in vote in
accordance with Subsection 
20A-3a-206
(4);
(d) except as provided in Subsection (6), a mark is not required opposite the name of a
write-in candidate; and
(e) the voter shall:
(i) complete and sign the affidavit on the return envelope;
(ii) place the voted ballot in the return envelope;
(iii) securely seal the return envelope; and
(iv) (A) attach postage, if necessary, and deposit the return envelope in the mail; or
(B) place the return envelope in a ballot drop box, designated by the election officer,
for the precinct where the voter resides.
(2) (a) Except as otherwise provided in Section 
20A-16-404
, to be valid, a ballot that is
mailed must be:
(i) clearly postmarked before election day, or otherwise clearly marked by the post
office as received by the post office before election day; and
(ii) received in the office of the election officer before noon on the day of the official
canvass following the election.
(b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
close on election day, be deposited in:
(i) a ballot box at a polling place; or
(ii) a ballot drop box designated by an election officer for the jurisdiction to which the
ballot relates.
(c) An election officer may, but is not required to, forward a ballot deposited in a ballot
drop box in the wrong jurisdiction to the correct jurisdiction.
(d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
deposit the ballot in the ballot drop box.
(3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
complying with Subsections (1)(a) through (d):
(a) sign the official register or pollbook; and
(b) (i) place the ballot in the ballot box; or
(ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
envelope, complete the information printed on the provisional ballot envelope, and deposit the
provisional ballot envelope in the provisional ballot box.
(4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
(b) An individual other than an individual with a disability may vote a mechanical
ballot at a polling place if permitted by the election officer.
(5) To vote a mechanical ballot, the voter shall:
(a) make the selections according to the instructions provided for the voting device;
and
(b) subject to Subsection (6), record a write-in vote by:
(i) selecting the appropriate position for entering a write-in candidate; and
(ii) using the voting device to enter the name of the valid write-in candidate for whom
the voter wishes to vote.
(6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project, a voter:
(a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
first preference for the office; and
(b) may indicate, as directed on the ballot, the names of the remaining candidates in
order of the voter's preference.
(7) A voter who votes at a polling place:
(a) shall mark and cast or deposit the ballot without delay and shall leave the voting
area after voting; and
(b) may not:
(i) occupy a voting booth occupied by another, except as provided in Section
20A-3a-208
;
(ii) remain within the voting area more than 10 minutes; or
(iii) occupy a voting booth for more than five minutes if all booths are in use and other
voters are waiting to occupy a voting booth.
(8) If the official register shows any voter as having voted, that voter may not reenter
the voting area during that election unless that voter is an election official or watcher.
(9) A poll worker may not, at a polling place, allow more than four voters more than
the number of voting booths into the voting area at one time unless those excess voters are:
(a) election officials;
(b) watchers; or
(c) assisting voters with a disability.
Section 38. Section 
20A-3a-205
, which is renumbered from Section 20A-3-105.5 is
renumbered and amended to read:
[
20A-3-105.5
].
 20A-3a-205.
Manner of voting -- Provisional ballot.
(1) The poll workers shall follow the procedures and requirements of this section
when:
(a) the [
person's
] 
individual's
 right to vote is challenged as provided in Section
[
20A-3-202
 or 
20A-3-202.5
] 
20A-3a-803
 or 
20A-3a-805
;
(b) the [
person's
] 
individual's
 name is not found on the official register; or
(c) the poll worker is not satisfied that the voter has provided valid voter identification.
(2) When faced with one of the circumstances [
outlined
] 
described
 in Subsection (1)(a)
or (b), the poll worker shall:
(a) request that the [
person
] 
individual
 provide valid voter identification; and
(b) review the identification provided by the [
person
] 
individual
.
(3) If the poll worker is satisfied that the [
person
] 
individual
 has provided valid voter
identification that establishes the [
person's
] 
individual's
 identity and residence in the voting
precinct [
or within the county
]:
(a) the poll worker in charge of the official register shall:
(i) record in the official register the type of identification that established the [
person's
]
individual's
 identity and place of residence;
(ii) [
write
] 
record
 the provisional ballot envelope number [
opposite
] 
in association with
the name of the [
voter in the official register
] 
individual
; and
(iii) direct the [
voter
] 
individual
 to sign [
his
] 
the individual's
 name in the [
election
column in the
] official register 
or pollbook
; 
and
[
(b) another poll worker shall list the ballot number and voter's name in the pollbook;
and
]
[
(c)
] 
(b)
 the poll worker having charge of the ballots shall:
[
(i) endorse his initials on the stub;
]
[
(ii) check the name of the voter on the pollbook list with the number of the stub;
]
[
(iii)
] 
(i)
 give the [
voter a ballot and
] 
individual
 a provisional ballot [
envelope
]; and
[
(iv)
] 
(ii)
 allow the [
voter
] 
individual
 to enter the voting booth.
(4) If the poll worker is not satisfied that the [
voter
] 
individual
 has provided valid voter
identification that establishes the [
person's
] 
individual's
 identity and residence in the voting
precinct [
or within the county
]:
(a) the poll worker in charge of the official register shall:
(i) record in the official register that the voter did not provide valid voter identification;
(ii) record in the official register the type of identification that was provided by the
[
voter
] 
individual
, if any;
(iii) [
write
] 
record
 the provisional ballot envelope number [
opposite
] 
in association
with
 the name of the [
voter in the official register
] 
individual
; and
(iv) direct the [
voter
] 
individual
 to sign [
his
] 
the individual's
 name in the [
election
column in the
] official register 
or pollbook
; 
and
[
(b) another poll worker shall list the ballot number and voter's name in the pollbook;
and
]
[
(c)
] 
(b)
 the poll worker having charge of the ballots shall:
[
(i) endorse his initials on the stub;
]
[
(ii) check the name of the voter on the pollbook list with the number of the stub;
]
[
(iii)
] 
(i)
 give the [
voter a ballot and
] 
individual
 a provisional ballot [
envelope
]; and
[
(iv)
] 
(ii)
 allow the [
voter
] 
individual
 to enter the voting booth.
(5) [
Whenever
] 
When, at a polling place,
 the election officer is required to furnish
more than one [
kind of official
] 
version of a
 ballot [
to a voting precinct
], the poll workers [
of
that voting precinct
] 
at that polling place
 shall give the registered voter the [
kind of
] 
version of
the
 ballot that the voter is qualified to vote.
Section 39. Section 
20A-3a-206
, which is renumbered from Section 20A-3-106 is
renumbered and amended to read:
[
20A-3-106
].
 20A-3a-206.
Voting straight ticket -- Splitting ballot --
Writing in names -- Effect of unnecessary marking.
(1) When voting a [
paper
] 
manual
 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
] 
space next to
 that political party;
(b) mark in the [
squares or position
] 
space
 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 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)
] 
(2)
 When voting [
an electronic
] 
a mechanical
 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)
] 
(a)
 select that party on the straight party selection area; or
[
(ii)
] 
(b)
 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)
] 
(3)
 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)
] 
(4)
 (a) The voter may cast a write-in vote on a [
paper ballot or ballot sheet
]
manual ballot
 by writing the name of a valid write-in candidate in the blank write-in section of
the ballot.
(b) A voter may not cast a write-in vote on a [
paper ballot or ballot sheet
] 
manual
ballot
 by affixing a sticker or label with the name of a write-in candidate in the blank write-in
section of the ballot.
[
(6)
] 
(5)
 The voter may cast a write-in vote on [
an electronic
] 
a mechanical
 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 40. Section 
20A-3a-207
, which is renumbered from Section 20A-3-107 is
renumbered and amended to read:
[
20A-3-107
].
 20A-3a-207.
No ballots may be taken away -- Spoiled ballots.
[
(1) A person may not take or remove any ballot from the polling place before the close
of the polls.
]
[
(2)
] 
(1)
 If any voter spoils a ballot, [
he
] 
the voter
 may successively obtain others, one
at a time, not exceeding three in all, upon returning each spoiled one.
[
(3)
] 
(2)
 If any ballot is spoiled by the printer or a poll worker, the poll worker shall
give the voter a new ballot.
[
(4)
] 
(3)
 The poll worker shall:
(a) immediately write the word "spoiled" across the face of the ballot; and
(b) place the ballot in the envelope for spoiled ballots.
Section 41. Section 
20A-3a-208
, which is renumbered from Section 20A-3-108 is
renumbered and amended to read:
[
20A-3-108
].
 20A-3a-208.
Assisting disabled, illiterate, or blind voters.
(1) Any voter who has a disability, or is blind, unable to read or write, unable to read or
write the English language, or is physically unable to enter a polling place, may be given
assistance by [
a person
] 
an individual
 of the voter's choice.
(2) The [
person
] 
individual
 providing assistance may not be:
(a) the voter's employer;
(b) an agent of the employer;
(c) an officer or agent of the voter's union; or
(d) a candidate.
(3) The person providing assistance may not request, persuade, or otherwise induce the
voter to vote for or vote against any particular candidate or issue or release any information
regarding the voter's selection.
[
(4) Each time a voter is assisted, the poll worker shall note that fact in the official
register and the pollbook.
]
Section 42. Section 
20A-3a-209
, which is renumbered from Section 20A-3-109 is
renumbered and amended to read:
[
20A-3-109
].
 20A-3a-209.
Instructions to voters.
(1) If any voter, after entering [
the
] 
a
 voting booth, asks for further instructions
concerning the manner of voting, two poll workers, each from a different political party, shall
instruct the voter.
(2) After instructing the voter, and before the voter [
has cast his
] 
casts a
 vote, the poll
worker shall leave the voting booth so that the voter may vote in secret.
(3) A poll worker instructing a voter about the voting process may not request, suggest,
or seek to persuade or induce the voter to vote for or against any particular ticket, any particular
candidate, or for or against any ballot proposition.
Section 43. Section 
20A-3a-301
, which is renumbered from Section 20A-3-306.5 is
renumbered and amended to read:
Part 3. Emergency Ballots
[
20A-3-306.5
].
 20A-3a-301.
Emergency ballots.
(1) As used in this section, "hospitalized voter" means a registered voter who
:
(a)
 is hospitalized or otherwise confined to a medical or long-term care institution
[
after the deadline for filing an application for an absentee ballot established in Section
20A-3-304
.
]
;
(b) does not have a manual ballot in the voter's immediate possession;
(c) is able to vote a manual ballot; and
(d) is not able to acquire a manual ballot without the assistance of another individual.
(2) [
Notwithstanding any other provision of this part, a
] 
A
 hospitalized voter may
, in
accordance with this section,
 obtain [
an absentee ballot and vote
] 
a manual ballot to use as an
emergency ballot and vote at any time after the election officer mails manual ballots to the
majority of voters and before the close of polls
 on election day [
by following the procedures
and requirements of this section
].
(3) (a) Any individual may obtain an [
absentee
] 
emergency
 ballot application, [
an
absentee
] 
a manual
 ballot, and [
an absentee
] 
a manual
 ballot envelope from the election officer
on behalf of a hospitalized voter by requesting a ballot and application in person at the election
officer's office during business hours.
(b) The election officer shall require the individual to sign a statement identifying the
individual and the hospitalized voter.
(4) To vote, the hospitalized voter shall complete the [
absentee
] 
emergency
 ballot
application, complete and sign the [
application
] 
affidavit
 on the [
absentee
] 
manual
 ballot
envelope, mark the voter's votes on the [
absentee
] 
manual
 ballot, place the [
absentee
] 
manual
ballot into the envelope, and seal the envelope unless a different method is authorized under
Section 
20A-1-308
.
(5) To be counted, the [
absentee
] 
emergency
 voter application and the sealed
[
absentee
] 
manual
 ballot envelope must be returned to the election officer's office [
before the
polls close on election day unless a different time is authorized under Section 
20A-1-308
] 
in
accordance with the requirements of this chapter
.
Section 44. Section 
20A-3a-401
, which is renumbered from Section 20A-3-308 is
renumbered and amended to read:
Part 4. Disposition of Ballots
[
20A-3-308
].
 20A-3a-401.
Custody of voted ballots mailed or deposited in
a ballot drop box -- Disposition -- Notice.
(1) This section governs ballots returned by mail or via a ballot drop box.
[
(1)
] 
(2)
 (a) [
Voting precinct poll
] 
Poll
 workers shall open 
return
 envelopes containing
[
absentee
] 
manual
 ballots that are in [
their
] 
the
 custody 
of the poll workers
 [
on election day at
the polling places during the time the polls are open as provided in this
] 
in accordance with
Subsection [
(1)
] 
(2)(b)
.
(b) The poll workers shall[
: (i) first, open the outer envelope only; and (ii)
]
, first,
compare the signature of the voter on the [
application with
] 
affidavit of the return envelope to
the signature [
on the affidavit
] 
of the voter in the voter registration records
.
[
(2) (a) The poll workers shall carefully open and remove the absentee voter envelope
so as not to destroy the affidavit on the envelope if they find that:
]
[
(i) the affidavit is sufficient;
]
[
(ii) the signatures correspond; and
]
[
(iii) the applicant is registered to vote in that voting precinct and has not voted in that
election.
]
[
(b) If, after opening the absentee voter envelope, the poll worker finds that a
provisional ballot envelope is enclosed, the poll worker shall:
]
[
(i) record, in the official register, whether:
]
[
(A) the voter included valid voter identification; or
]
[
(B) a covered voter, as defined in Section 
20A-16-102
, did not provide valid voter
identification as permitted by Public Law 107-252, the Help America Vote Act of 2002;
]
[
(ii) if any type of identification was included, record the type of identification
provided by the voter in the appropriate space in the official register;
]
[
(iii) record the provisional ballot number on the official register; and
]
[
(iv) place the provisional ballot envelope with the other provisional ballot envelopes
to be transmitted to the county clerk.
]
[
(c) If the absentee ballot is not a provisional ballot, the poll workers shall:
]
[
(i) remove the absentee ballot from the envelope without unfolding it or permitting it
to be opened or examined;
]
[
(ii) initial the stub in the same manner as for other ballots;
]
[
(iii) remove the stub from the ballot;
]
[
(iv) deposit the ballot in the ballot box; and
]
[
(v) mark the official register and pollbook to show that the voter has voted.
]
(3) After complying with Subsection (2), the poll workers shall determine whether:
(a) the signatures correspond;
(b) the affidavit is sufficient;
(c) the voter is registered to vote in the correct precinct;
(d) the voter's right to vote the ballot has been challenged;
(e) the voter has already voted in the election;
(f) the voter is required to provide valid voter identification; and
(g) if the voter is required to provide valid voter identification, whether the voter has
provided valid voter identification.
(4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
workers determine that:
(i) the signatures correspond;
(ii) the affidavit is sufficient;
(iii) the voter is registered to vote in the correct precinct;
(iv) the voter's right to vote the ballot has not been challenged;
(v) the voter has not already voted in the election; and
(vi) for a voter required to provide valid voter identification, that the voter has
provided valid voter identification.
(b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
workers shall:
(i) remove the manual ballot from the return envelope in a manner that does not
destroy the affidavit on the return envelope;
(ii) ensure that the ballot does not unfold and is not otherwise examined in connection
with the return envelope; and
(iii) place the ballot with the other ballots to be counted.
[
(3)
] 
(c)
 If the poll workers [
determine that the affidavit is insufficient, or that the
signatures do not correspond, or that the applicant is not a registered voter in the voting
precinct, they
] 
do not make all of the findings described in Subsection (4)(a), the poll workers
shall:
[
(a)
] 
(i)
 disallow the vote; [
and
]
[
(b)
] 
(ii)
 without opening the [
absentee voter
] 
return
 envelope, mark across the face of
the 
return
 envelope:
[
(i)
] 
(A)
 "Rejected as defective"; or
[
(ii)
] 
(B)
 "Rejected as not a registered voter[
.
]"
; and
[
(4) The poll workers shall deposit the absentee voter envelope, when the absentee
ballot is voted, and the absentee voter envelope with its contents unopened when the absent
vote is rejected, in the ballot box containing the ballots.
]
(iii) place the return envelope, unopened, with the other rejected return envelopes.
(5) (a) If the [
election officer rejects
] 
poll workers reject
 an individual's [
absentee
]
ballot because the [
election officer determines
] 
poll workers determine
 that the signature on the
[
ballot
] 
return envelope
 does not match the individual's signature [
that is maintained on file
] 
in
the voter registration records
, the election officer shall contact the individual in accordance
with Subsection (7) by mail, email, text message, or phone, and inform the individual:
(i) that the individual's signature is in question;
(ii) how the individual may resolve the issue;
(iii) that, in order for the ballot to be counted, the individual is required to deliver to
the election officer a correctly completed affidavit, provided by the county clerk, that meets the
requirements described in Subsection (5)(b).
(b) An affidavit described in Subsection (5)(a)(iii) shall include:
(i) an attestation that the individual voted the [
absentee
] ballot;
(ii) a space for the individual to enter the individual's name, date of birth, and driver
license number or the last four digits of the individual's social security number;
(iii) a space for the individual to sign the affidavit; and
(iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
governor's and county clerk's use of the individual's signature on the affidavit for voter
identification purposes.
(c) In order for an individual described in Subsection (5)(a) to have the individual's
ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
election officer.
(d) An election officer who receives a signed affidavit under Subsection (5)(c) shall
immediately:
(i) scan the signature on the affidavit electronically and keep the signature on file in the
statewide voter registration database developed under Section 
20A-2-109
; and
(ii) if the election officer receives the affidavit no later than 5 p.m. the day before the
canvass, count the individual's ballot.
(6) [
An election officer who rejects
] 
If the poll workers reject
 an individual's [
absentee
] 
ballot for any reason, other than the reason described in Subsection (5)(a), 
the election officer
shall notify the individual of the rejection in accordance with Subsection (7) by mail, email,
text message, or phone and specify the reason for the rejection.
(7) An election officer who is required to give notice under Subsection (5) or (6) shall
give the notice no later than:
(a) if the election officer rejects the [
absentee
] ballot before election day:
(i) one business day after the day on which the election officer rejects the [
absentee
]
ballot, if the election officer gives the notice by email or text message; or
(ii) two business days after the day on which the election officer rejects the [
absentee
]
ballot, if the election officer gives the notice by postal mail or phone;
(b) seven days after election day if the election officer rejects the [
absentee
] ballot on
election day; or
(c) seven days after the canvass if the election officer rejects the [
absentee
] ballot after
election day and before the end of the canvass.
(8) An election officer may not count the [
absentee
] ballot of an individual whom the
election officer contacts under Subsection (5) or (6) unless the election officer receives a signed
affidavit from the individual under Subsection (5)(b) or is otherwise able to establish contact
with the individual to confirm the individual's identity.
(9) The election officer shall retain and preserve the [
absentee voter
] 
return
 envelopes
in the manner provided by law for the retention and preservation of [
official
] ballots voted at
that election.
Section 45. Section 
20A-3a-402
, which is renumbered from Section 20A-3-309 is
renumbered and amended to read:
[
20A-3-309
].
 20A-3a-402.
Custody of ballots voted at a polling place --
Disposition -- Counting -- Release of number of ballots cast.
(1) This section governs ballots voted at a polling place.
[
(1)
] 
(2) (a)
 The election officer shall deliver all 
return
 envelopes containing valid
[
absentee
] ballots and valid provisional ballots that are in the election officer's custody to the
[
place of the official canvass of the election by
] 
counting center before
 noon on the day of the
official canvass following the election.
[
(2) (a)
] 
(b)
 Valid [
absentee
] ballots [
and
]
, including
 valid provisional ballots
,
 may be
processed and counted:
(i) by the election officer
, or poll workers acting under the supervision of the election
officer,
 before the date of the canvass; and
(ii) at the canvass, by the election officer or poll workers, acting under the supervision
of the official canvassers of the election.
[
(b)
] 
(c)
 When processing ballots, the election officer and poll workers shall comply
with the procedures and requirements of Section [
20A-3-308
] 
20A-3a-401
 in opening
envelopes, verifying signatures, confirming eligibility of the ballots, and depositing [
them in a
ballot box
] 
ballots in preparation for counting
.
(3) (a) After all valid [
absentee
] ballots [
and
]
, including
 valid provisional ballots have
been deposited, the ballots shall be counted in the usual manner.
(b) After the polls close on the date of the election, the election officer shall publicly
release the results of those [
absentee
] ballots [
and
]
, including
 provisional ballots
,
 that have
been counted on or before the date of the election.
(c) Except as provided in Subsection (3)(d), on each day, beginning on the day after the
date of the election and ending on the day before the date of the canvass, the election officer
shall publicly release the results of all [
absentee
] ballots [
and
]
, including
 provisional ballots
,
counted on that day.
(d) (i) If complying with Subsection (3)(c) on a particular day will likely result in
disclosing a vote cast by an individual voter, the election officer shall request permission from
the lieutenant governor to delay compliance for the minimum number of days necessary to
protect against disclosure of the voter's vote.
(ii) The lieutenant governor shall grant a request made under Subsection (3)(d)(i) if the
lieutenant governor finds that the delay is necessary to protect against disclosure of a voter's
vote.
(e) On the date of the canvass, the election officer shall provide a tally of all [
absentee
]
ballots [
and
]
, including
 provisional ballots
,
 counted, and the resulting tally shall be added to
the official canvass of the election.
(4) (a) On the day after the date of the election, the election officer shall determine the
number of [
absentee
] ballots received by the election officer at that time and shall make that
number available to the public.
(b) The election officer may elect to publicly release updated totals for the number of
[
absentee
] ballots received by the election officer up through the date of the canvass.
Section 46. Section 
20A-3a-403
, which is renumbered from Section 20A-3-310 is
renumbered and amended to read:
[
20A-3-310
].
 20A-3a-403.
Frauds and malfeasance in voting -- Penalty.
(1) (a) It is unlawful for any person to willfully falsify the [
absentee
] voter affidavits
required by this part.
(b) Any person violating this [
subsection
] 
Subsection (1)
 is guilty of perjury and may
be prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
Matters.
(2) (a) It is unlawful for any election officer to:
(i) refuse or neglect to perform any of the duties required by this part; or
(ii) violate any of the provisions of this part.
(b) Any person who violates this [
subsection
] 
Subsection (2)
 is guilty of a class B
misdemeanor.
Section 47. Section 
20A-3a-501
, which is renumbered from Section 20A-3-501 is
renumbered and amended to read:
Part 5. Voting Offenses
[
20A-3-501
].
 20A-3a-501.
Polling place -- Prohibited activities.
(1) As used in this section:
(a) "electioneering" includes any oral, printed, or written attempt to persuade persons to
refrain from voting or to vote for or vote against any candidate or issue; and
(b) "polling place" means the physical place where ballots [
and absentee ballots
] are
cast and includes [
the county clerk's office or city hall during the period in which absentee
ballots may be cast there
] 
the physical place where a ballot drop box is located
.
(2) (a) [
A person
] 
An individual
 may not, within a polling place or in any public area
within 150 feet of the building where a polling place is located:
(i) do any electioneering;
(ii) circulate cards or handbills of any kind;
(iii) solicit signatures to any kind of petition; or
(iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
the administration of the polling place.
(b) A county, municipality, school district, or local district may not prohibit
electioneering that occurs more than 150 feet from the building where a polling place is
located, but may regulate the place and manner of that electioneering to protect the public
safety.
(3) (a) [
A person
] 
An individual
 may not obstruct the doors or entries to a building in
which a polling place is located or prevent free access to and from any polling place.
(b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
obstruction of the entrance to a polling place and may arrest [
any person
] 
an individual
 creating
an obstruction.
(4) [
A person
] 
An individual
 may not[
: (a) remove any ballot from the polling place
before the closing of the polls, except as provided in Section 
20A-4-101
; or (b)
] solicit any
voter to show [
his
] 
the voter's
 ballot.
(5) [
A person
] 
An individual
 may not receive a voted ballot from any voter or deliver
an unused ballot to a voter unless that [
person
] 
individual
 is a poll worker.
(6) [
Any person
] 
An individual
 who violates any provision of this section is guilty of a
class A misdemeanor.
(7) A political subdivision may not prohibit political signs that are located more than
150 feet away from a polling place, but may regulate their placement to protect public safety.
Section 48. Section 
20A-3a-502
 is enacted to read:
 20A-3a-502.
Intimidation -- Undue influence.
(1) It is unlawful for a person to induce or compel an individual to vote or refrain from
voting at an election provided by law or to vote or refrain from voting for a particular
individual or measure at an election provided by law, directly or indirectly, by:
(a) using force, violence, or restraint;
(b) inflicting or threatening to inflict injury, damage, harm, or loss; or
(c) by intimidation.
(2) It is unlawful for a person to, by abduction, force, or fraud, impede, prevent, or
otherwise interfere with the free exercise of the elective franchise of any voter, either in voting
at any election provided by law or voting or refraining from voting for a particular individual or
measure at an election provided by law.
(3) It is unlawful for a person to:
(a) enclose in the salary or wage envelopes of an employee of the person, political
mottoes, devices, or arguments containing threats, express or implied, intended or calculated to
influence the political opinion, views, or action of the employee; or
(b) within 90 days before the day of an election provided by law, post or otherwise
exhibit, in a location where the person's employees may be working or may be present in the
course of employment, any handbill, notice, or placard containing any threat, notice, or
information, that if any particular ticket or candidate is or is not elected:
(i) work performed by the person's employees will cease in whole or in part;
(ii) the workplace will close;
(iii) wages of workforce will be reduced; or
(iv) other adverse consequences, under the control of the person, will result.
(4) Violation of this section is a class B misdemeanor.
Section 49. Section 
20A-3a-503
, which is renumbered from Section 20A-3-503 is
renumbered and amended to read:
[
20A-3-503
].
 20A-3a-503.
Influencing employee's vote.
(1) It is unlawful for any corporation, or any officer or agent of any corporation, to
influence, or attempt to influence, induce, or compel by force, violence, or restraint, or by
inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from
employment or promoting in employment, or by intimidation, or in any manner whatever, any
employee to vote or refrain from voting at any election provided by law, or to vote or refrain
from voting for any particular person or measure at that election.
(2) (a) Any corporation or any officer or agent of that corporation who violates any of
the provisions of this section is guilty of a class B misdemeanor.
(b) Any corporation violating any of the provisions of this section shall forfeit its
charter and right to do business in this state in addition to any other penalties imposed by law.
Section 50. Section 
20A-3a-504
, which is renumbered from Section 20A-3-504 is
renumbered and amended to read:
[
20A-3-504
].
 20A-3a-504.
Violations -- Penalties.
(1) Except as [
allowed by
] 
provided in
 Subsection (3) or Section [
20A-3-108
]
20A-3a-208
, an individual is guilty of a class C misdemeanor if the individual:
(a) allows the individual's ballot to be seen by another with the intent to reveal how the
individual is about to vote;
(b) states falsely that the individual is unable to mark the individual's ballot;
(c) interferes or attempts to interfere with any individual who is inside the voting booth
or who is marking a ballot;
(d) induces or attempts to induce any voter who is inside a voting booth or who is
marking a ballot to vote to show how the voter marked the voter's ballot; or
(e) takes a photograph of a ballot, other than the individual's own ballot, at a polling
place.
(2) The election judges and clerks shall report any individual who violates this section
to the county attorney or district attorney having state criminal jurisdiction for prosecution.
(3) Subsection (1) does not prohibit an individual from transferring a photograph of the
individual's own ballot in a manner that allows the photograph to be viewed by the individual
or another.
Section 51. Section 
20A-3a-505
, which is renumbered from Section 20A-3-505 is
renumbered and amended to read:
[
20A-3-505
].
 20A-3a-505.
False impersonation -- Double voting.
(1) (a) [
A person
] 
An individual
 may not [
apply for a ballot
]:
(i) 
apply for a ballot
 in the name of [
some other person
] 
another individual
, 
regardless
of
 whether [
it is that of a person
] 
the other individual is
 living or dead, or [
of
] 
is
 a fictitious
person; [
or
]
(ii) after having voted once at an election, apply again at the same election for a ballot
in the [
person's
] 
individual's
 own name or any other name[
.
]
; or
 (iii) sign the affidavit on a return envelope for another individual.
(b) [
Any person
] 
An individual
 who violates Subsection (1)(a) is guilty of a third
degree felony.
(2) (a) [
A person
] 
An individual
 may not aid, assist, counsel, or procure another
[
person
] 
individual
 to commit the felony [
prohibited
] 
described
 in Subsection (1)(a).
(b) [
Any person
] 
An individual
 who violates Subsection (2)(a) is guilty of a class A
misdemeanor.
Section 52. Section 
20A-3a-506
, which is renumbered from Section 20A-3-506 is
renumbered and amended to read:
[
20A-3-506
].
 20A-3a-506.
False information on provisional ballot
envelope.
(1) [
A person
] 
An individual
 may not wilfully falsify information on a provisional
ballot envelope.
(2) [
A person
] 
An individual
 who violates this section is guilty of a class B
misdemeanor.
Section 53. Section 
20A-3a-601
, which is renumbered from Section 20A-3-601 is
renumbered and amended to read:
Part 6. Early Voting
[
20A-3-601
].
 20A-3a-601.
Early voting.
(1) 
Except as provided in Section 
20A-7-609.5:
(a) [
An
] 
an
 individual who is registered to vote may vote 
at a polling place
 before the
election date in accordance with this section[
.
]
; and
(b) [
An
] 
an
 individual who is not registered to vote may register to vote and vote 
at a
polling place
 before the election date in accordance with this section if the individual:
(i) is otherwise legally entitled to vote the ballot; and
(ii) casts a provisional ballot in accordance with Section 
20A-2-207
.
(2) Except as provided in Section 
20A-1-308
 or Subsection (3), the early voting period
[
shall
]:
(a) [
begin
] 
begins
 on the date that is 14 days before the date of the election; and
(b) [
continue
] 
continues
 through the Friday before the election if the election date is a
Tuesday.
(3) (a) An election officer may extend the end of the early voting period to the day
before the election date if the election officer provides notice of the extension in accordance
with Section [
20A-3-604
] 
20A-3a-604
.
(b) For a municipal election, the municipal clerk may reduce the early voting period
described in this section if:
(i) the municipal clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the municipal clerk provides notice of the reduced early voting period in
accordance with Section [
20A-3-604
] 
20A-3a-604
.
(c) For a county election [
that is conducted entirely by mail
], the county clerk may
reduce the early voting period described in this section if:
(i) the county clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the county clerk provides notice of the reduced early voting period in accordance
with Section [
20A-3-604
] 
20A-3a-604
.
(4) Except as provided in Section 
20A-1-308
, during the early voting period, the
election officer:
(a) for a local special election, a municipal primary election, and a municipal general
election:
(i) shall conduct early voting on a minimum of four days during each week of the early
voting period; and
(ii) shall conduct early voting on the last day of the early voting period; and
(b) for all other elections:
(i) shall conduct early voting on each weekday; and
(ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
(5) Except as specifically provided in this Part 6, Early Voting, or Section 
20A-1-308
,
early voting shall be administered [
according to
] 
in accordance with
 the requirements of this
title.
Section 54. Section 
20A-3a-602
, which is renumbered from Section 20A-3-602 is
renumbered and amended to read:
[
20A-3-602
].
 20A-3a-602.
Hours for early voting.
(1) Except as provided in Section 
20A-1-308
, the election officer shall determine the
times for opening and closing the polls for each day of early voting provided that voting is open
for a minimum of four hours during each day that polls are open during the early voting period.
(2) Except as provided in Section 
20A-1-308
, each registered voter who arrives at the
polls before the time scheduled for closing of the polls shall be allowed to vote.
Section 55. Section 
20A-3a-603
, which is renumbered from Section 20A-3-603 is
renumbered and amended to read:
[
20A-3-603
].
 20A-3a-603.
Early voting polling places.
(1) Except as provided in Section 
20A-1-308
or 20A-7-609.5
, the election officer shall
designate one or more polling places for early voting, [
provided that
] 
as follows
:
(a) at least one polling place [
is
] 
shall be
 open on each day that polls are open during
the early voting period;
(b) each polling place [
meets
] 
shall comply with
 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
] 
shall be
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
] 
shall be
 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
, the election officer may, after the
deadline described in Section [
20A-3-604
] 
20A-3a-604
:
(i) if necessary, change the location of an early voting place; or
(ii) if the election officer determines that the number of early voting polling places is
insufficient due to the number of registered voters who are voting, designate additional polling
places during the early voting period.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of an early voting polling place or designates an additional early voting polling place,
the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
location of the changed early voting polling place or the additional early voting polling place:
(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) for a change in the location of an early voting polling place, at the new location
and, if possible, the old location; and
(B) for an additional early voting polling place, at the additional early voting 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 56. Section 
20A-3a-604
, which is renumbered from Section 20A-3-604 is
renumbered and amended to read:
[
20A-3-604
].
 20A-3a-604.
Notice of time and place of early voting.
(1) Except as provided in Section 
20A-1-308
 or Subsection [
20A-3-603
]
20A-3a-603
(2), the election officer shall, at least 19 days before the date of the election,
publish notice of the dates, times, and locations of early voting:
(a) (i) in one issue of a newspaper of general circulation in the county;
(ii) if there is no newspaper of general circulation in the county, in addition to posting
the notice described in Subsection (1)(b), by posting one notice, and at least one additional
notice per 2,000 population of the county, in places within the county that are most likely to
give notice to the residents in the county; or
(iii) by mailing notice to each registered voter in the county;
(b) by posting the notice at each early voting polling place;
(c) on the Utah Public Notice Website created in Section 
63F-1-701
, for 19 days before
the day of the election;
(d) in accordance with Section 
45-1-101
, for 19 days before the date of the election;
and
(e) on the county's website for 19 days before the day of the election.
(2) Instead of publishing all dates, times, and locations of early voting under
Subsection (1), the election officer may publish a statement that specifies the following sources
where a voter may view or obtain a copy of all dates, times, and locations of early voting:
(a) the county's website;
(b) the physical address of the county's offices; and
(c) a mailing address and telephone number.
(3) The election officer shall include in the notice described in Subsection (1):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each early voting polling place, including any changes
to the location of an early voting polling place and the location of additional early voting
polling places; and
(b) a phone number that a voter may call to obtain information regarding the location
of an early voting polling place.
Section 57. Section 
20A-3a-605
, which is renumbered from Section 20A-3-605 is
renumbered and amended to read:
[
20A-3-605
].
 20A-3a-605.
Exemptions from early voting.
(1) (a) This part does not apply to an election of a board member of a local district.
(b) Notwithstanding Subsection (1)(a), a local district may, [
at its
] 
in the local district's
discretion, provide early voting in accordance with this part for [
an
] election of a board
member.
(2) Notwithstanding the requirements of Section 
20A-3-601
, a municipality of the fifth
class or a town as described in Section 
10-2-301
 may provide early voting as provided under
this part for:
(a) a municipal primary election; or
(b) a municipal general election.
(3) A municipality [
that administers an election entirely by absentee ballot, in
accordance with Section 
20A-3-302
,
] is not required to conduct early voting for the election.
Section 58. Section 
20A-3a-701
, which is renumbered from Section 20A-3-701 is
renumbered and amended to read:
Part 7. Election Day Voting Center
[
20A-3-701
].
 20A-3a-701.
Definitions.
As used in this part:
(1) "Election day voting center" means a polling place designated by an election officer
to provide for voting on election day for [
a person
] 
an individual
 who:
(a) is eligible to vote; and
(b) resides within the political subdivision holding the election.
(2) "Voting center ballot" means a regular ballot that:
(a) is provided at an election day voting center; and
(b) may be retrieved by the election official during the canvass if the voter cast a ballot
at another location or before election day.
Section 59. Section 
20A-3a-702
, which is renumbered from Section 20A-3-702 is
renumbered and amended to read:
[
20A-3-702
].
 20A-3a-702.
Election day voting center -- Hours of operation
-- Compliance with Election Code.
(1) [
An
] 
Except as provided in Section 
20A-7-609.5
, an
 election officer may operate an
election day voting center in one or more locations designated under Section [
20A-3-703
]
20A-3a-703
.
(2) An election officer shall provide for voting at an election day voting center by:
(a) regular ballot if:
(i) (A) the election day voting center is designated under Section 
20A-5-403
 as the
polling place for the voting precinct in which the voter resides; and
(B) the voter is eligible to vote [
using
] a regular ballot 
at the election day voting center
in accordance with this title; or
(ii) (A) the voter resides within the political subdivision holding the election;
(B) the voter is otherwise eligible to vote [
using
] a regular ballot in accordance with
this title; and
(C) the jurisdiction holding the election uses a method that confirms that the voter has
not voted previously in the election;
(b) voting center ballot if:
(i) the election day voting center is not designated under Section 
20A-5-403
 as the
polling place for the voting precinct in which the voter resides;
(ii) the voter resides within the political subdivision holding the election; and
(iii) the voter is otherwise eligible to vote [
using
] a regular ballot in accordance with
this title; or
(c) provisional ballot if the voter is only eligible to vote using a provisional ballot in
accordance with this title.
(3) An election officer shall ensure that an election day voting center:
(a) is open on election day during the time period specified under Section 
20A-1-302
;
(b) allows an eligible voter to vote if the voter:
(i) resides within the political subdivision holding an election; and
(ii) arrives at the election day voting center by the designated closing time in
accordance with Section 
20A-1-302
; and
(c) is administered according to the requirements of this title.
(4) [
A person
] 
An individual
 may submit a completed [
absentee
] 
manual
 ballot at an
election day voting center for the political subdivision in which the [
person
] 
individual
 resides.
[
(5) A person may submit an incomplete absentee ballot at an election day voting
center for the political subdivision in which the person resides, request that the ballot be
declared spoiled, and vote in person.
]
Section 60. Section 
20A-3a-703
, which is renumbered from Section 20A-3-703 is
renumbered and amended to read:
[
20A-3-703
].
 20A-3a-703.
Election day voting centers as polling places --
Location -- Notification.
(1) The election officer may designate one or more polling places as an election day
voting center if:
(a) except as provided in Subsection (2), the election officer notifies the lieutenant
governor of the designation and location of the election day voting center at least 15 days
before the election;
(b) [
a
] 
the
 polling place meets the requirements for a polling place under Chapter 5,
Election Administration; and
(c) [
a
] 
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:
(i) can be scheduled for use during election day voting hours;
(ii) has the physical facilities necessary to accommodate election day voting
requirements;
(iii) has adequate space for voting equipment, poll workers, and voters; and
(iv) has adequate security, public accessibility, and parking.
(2) (a) The election officer may, after the deadline described in Subsection (1)(a):
(i) if necessary, change the location of an election day voting center; or
(ii) if the election officer determines that the number of election day voting centers is
insufficient due to the number of registered voters who are voting, designate additional election
day voting centers.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of an election day voting center or designates an additional election day voting center,
the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
location of the changed election day voting center or the additional election day voting center:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of an election day voting center, at the new location
and, if possible, the old location; and
(B) of an additional election day voting center, at the additional election day voting
center.
Section 61. Section 
20A-3a-801
, which is renumbered from Section 20A-3-201 is
renumbered and amended to read:
Part 8. Watchers
[
20A-3-201
].
 20A-3a-801.
Watchers.
(1) As used in this section, "administering election officer" means:
(a) the election officer; or
(b) if the election officer is the lieutenant governor, the county clerk of the county in
which an individual will act as a watcher.
(2) (a) Any individual may become a watcher in an election at any time by registering
as a watcher with the administering election officer.
(b) An individual who registers under Subsection (2)(a) is not required to be certified
by a person under Subsection (3) in order to act as a watcher.
(c) An individual who registers as a watcher shall notify the administering election
officer of the dates, times, and locations that the individual intends to act as a watcher.
(d) An election official may not prohibit a watcher from performing a function
described in Subsection (4) because the watcher did not provide the notice described in
Subsection (2)(c).
(e) An administering election officer shall provide a copy of this section, or
instructions on how to access an electronic copy of this section, to a watcher at the time the
watcher registers under this Subsection (2).
(3) (a) A person that is a candidate whose name will appear on the ballot, a qualified
write-in candidate for the election, a registered political party, or a political issues committee
may certify an individual as an official watcher for the person:
(i) by filing an affidavit with the administering election officer responsible to designate
an individual as an official watcher for the certifying person; and
(ii) if the individual registers as a watcher under Subsection (2)(a).
(b) A watcher who is certified by a person under Subsection (3)(a) may not perform the
same function described in Subsection (4) at the same time and in the same location as another
watcher who is certified by that person.
(c) A watcher who is certified by a person under Subsection (3)(a) may designate
another individual to serve in the watcher's stead during the watcher's temporary absence by
filing with a poll worker an affidavit that designates the individual as a temporary replacement.
(4) A watcher may:
(a) observe the setup or takedown of a polling location;
(b) observe a voter checking in at a polling location;
(c) observe the collection, receipt, and processing of a ballot, including a provisional
ballot or a ballot cast by a covered voter as defined in Section 
20A-16-102
;
(d) observe the transport or transmission of a ballot that is in an election official's
custody;
(e) observe the opening and inspection of a [
by-mail
] 
manual
 ballot;
(f) observe ballot duplication;
(g) observe the conduct of logic and accuracy testing described in Section 
20A-5-802
;
(h) observe ballot tabulation;
(i) observe the process of storing and securing a ballot;
(j) observe a post-election audit;
(k) observe a canvassing board meeting described in Title 20A, Chapter 4, Part 3,
Canvassing Returns;
(l) observe the certification of the results of an election; or
(m) observe a recount.
(5) (a) A watcher may not:
(i) electronically record an activity described in Subsection (4) if the recording would
reveal a vote or otherwise violate a voter's privacy or a voter's right to cast a secret ballot;
(ii) interfere with an activity described in Subsection (4), except to challenge an
individual's eligibility to vote under Section [
20A-3-202
] 
20A-3a-803
; or
(iii) divulge information related to the number of votes counted, tabulated, or cast for a
candidate or ballot proposition until after the election officer makes the information public.
(b) A person who violates Subsection (5)(a)(iii) is guilty of a third degree felony.
(6) (a) Notwithstanding Subsection (2)(a) or (4), in order to maintain a safe working
environment for an election official or to protect the safety or security of a ballot, an
administering election officer may take reasonable action to:
(i) limit the number of watchers at a single location;
(ii) remove a watcher for violating a provision of this section;
(iii) remove a watcher for interfering with an activity described in Subsection (4);
(iv) designate areas for a watcher to reasonably observe the activities described in
Subsection (4); or
(v) ensure that a voter's ballot secrecy is protected throughout the watching process.
(b) If an administering election officer limits the number of watchers at a single
location under Subsection (6)(a)(i), the administering election officer shall give preferential
access to the location to a watcher designated under Subsection (3).
(c) An administering election officer may provide a watcher a badge that identifies the
watcher and require the watcher to wear the badge while acting as a watcher.
Section 62. Section 
20A-3a-802
, which is renumbered from Section 20A-3-201.5 is
renumbered and amended to read:
[
20A-3-201.5
].
 20A-3a-802.
Definitions.
As used in this part:
(1) "Challenged voter" means [
a person
] 
an individual
 whose right to vote is
challenged as provided in this part.
(2) "Filer" means [
a person
] 
an individual
 who files a written statement challenging
another [
person's
] 
individual's
 right to vote as provided in Section [
20A-3-202.3
] 
20A-3a-804
.
Section 63. Section 
20A-3a-803
, which is renumbered from Section 20A-3-202 is
renumbered and amended to read:
[
20A-3-202
].
 20A-3a-803.
Challenges to a voter's eligibility -- Basis for
challenge -- Procedures.
(1) [
A person
] 
An individual
 may challenge [
an
] 
another
 individual's eligibility to vote
on any of the following grounds:
(a) the individual is not the individual in whose name the individual tries to vote;
(b) the individual is not a resident of Utah;
(c) the individual is not a citizen of the United States;
(d) the individual has not or will not have resided in Utah for 30 days immediately
before the date of the election;
(e) the individual's principal place of residence is not in the voting precinct that the
individual claims;
(f) the individual's principal place of residence is not in the geographic boundaries of
the election area;
(g) the individual has already voted in the election;
(h) the individual is not at least [
years of age
] 
the minimum age required to vote in
the election
;
(i) the individual has been convicted of a misdemeanor for an offense under this title
and the individual's right to vote in an election has not been restored under Section
20A-2-101.3
;
(j) the individual is a convicted felon and the voter's right to vote in an election has not
been restored under Section 
20A-2-101.5
; or
(k) in a regular primary election or presidential primary election, the individual does
not meet the political party affiliation requirements for the ballot the individual seeks to vote.
(2) [
A person
] 
An individual
 who challenges [
an
] 
another
 individual's right to vote in
an election shall make the challenge in accordance with:
(a) Section [
20A-3-202.3
] 
20A-3a-804
, for a challenge that is not made in person at the
time an individual votes; or
(b) Section [
20A-3-202.5
] 
20A-3a-805
, for challenges made in person at the time an
individual votes.
Section 64. Section 
20A-3a-804
, which is renumbered from Section 20A-3-202.3 is
renumbered and amended to read:
[
20A-3-202.3
].
 20A-3a-804.
Pre-election challenges to a voter's eligibility in
writing -- Procedure -- Form of challenge.
(1) (a) [
A person
] 
An individual
 may challenge an individual's eligibility to vote by
filing a written statement with the election officer in accordance with Subsection (1)(b) that:
(i) lists the name and address of the [
person
] 
individual
 filing the challenge;
(ii) for each individual who is challenged:
(A) identifies the name of the challenged individual;
(B) lists the last known address or telephone number of the challenged individual;
(C) provides the basis for the challenge, as provided under Section [
20A-3-202
]
20A-3a-803
;
(D) provides facts and circumstances supporting the basis provided; and
(E) may include supporting documents, affidavits, or other evidence; and
(iii) includes a signed affidavit, which is subject to penalties of perjury, swearing that:
(A) the filer exercised due diligence to personally verify the facts and circumstances
establishing the basis for the challenge; and
(B) according to the filer's personal knowledge and belief, the basis for the challenge
under Section [
20A-3-202
] 
20A-3a-803
 for each challenged individual is valid.
(b) [
A person that
] 
An individual who
 files a written statement under Subsection (1)(a)
shall file the written statement during the election officer's regular business hours:
(i) at least 45 days before the day of the election; or
(ii) if the challenge is to an individual who registered to vote between the day that is 45
days before the election and the day of the election:
(A) on or before the day of the election; and
(B) before the individual's ballot is removed from a ballot envelope or otherwise
separated from any information that could be used to identify the ballot as the individual's
ballot.
(c) The challenge may not be based on unsupported allegations or allegations by an
anonymous [
person
] 
individual
.
(d) An election officer may require [
a person that
] 
an individual who
 files a challenge
under this section to file the challenge on a form provided by the election officer that meets the
requirements of this section.
(2) If the challenge is not in the proper form, is incomplete, or if the basis for the
challenge does not meet the requirements of this part, the election officer shall dismiss the
challenge and notify the filer in writing of the reasons for the dismissal.
(3) (a) Upon receipt of a challenge that meets the requirements for filing under this
section, the election officer shall attempt to notify each challenged individual in accordance
with Subsection (3)(b):
(i) at least 28 days before the date of the election, if the election officer receives the
challenge under Subsection (1)(b)(i); or
(ii) within one business day, if the election officer receives the challenge under
Subsection (1)(b)(ii).
(b) The election officer shall attempt to notify each challenged individual:
(i) that a challenge has been filed against the challenged individual;
(ii) that the challenged individual may be required to cast a provisional ballot at the
time the individual votes if the individual votes in person;
(iii) [
if the election is being conducted entirely by absentee ballot or if the individual is
otherwise registered to vote by absentee ballot,
] that if the individual votes by [
absentee ballot
]
mail
, the individual's ballot will be treated as a provisional ballot unless the challenge is
resolved;
(iv) of the basis for the challenge, which may include providing a copy of the challenge
the filer filed with the election officer; and
(v) that the challenged individual may submit information, a sworn statement,
supporting documents, affidavits, or other evidence supporting the challenged individual's
eligibility to vote in the election to the election officer no later than:
(A) 21 days before the date of the election, if the election officer receives the challenge
under Subsection (1)(b)(i); or
(B) five days before the day on which the canvass is held, if the election officer
receives the challenge under Subsection (1)(b)(ii).
(4) (a) The election officer shall determine whether each challenged individual is
eligible to vote before the day on which:
(i) early voting commences, if the election officer receives the challenge under
Subsection (1)(b)(i); or
(ii) the canvass is held, if the election officer receives the challenge under Subsection
(1)(b)(ii).
(b) (i) The filer has the burden to prove, by clear and convincing evidence, that the
basis for challenging the individual's eligibility to vote is valid.
(ii) The election officer shall resolve the challenge based on the available facts and
information submitted, which may include voter registration records and other documents or
information available to the election officer.
(5) [
A person
] 
An individual
 who files a challenge in accordance with the requirements
of this section is subject to criminal penalties for false statements as provided under Sections
76-8-503
 and 
76-8-504
 and any other applicable criminal provision.
(6) (a) A challenged individual may appeal an election officer's decision regarding the
individual's eligibility to vote to the district court having jurisdiction over the location where
the challenge was filed.
(b) The district court shall uphold the decision of the election officer unless the district
court determines that the decision was arbitrary, capricious, or unlawful.
(c) In making the district court's determination, the district court's review is limited to:
(i) the information filed under Subsection (1)(a) by the filer;
(ii) the information submitted under Subsection (3)(b)(v) by the challenged individual;
and
(iii) any additional facts and information used by the election official to determine
whether the challenged individual is eligible to vote, as indicated by the election official.
(7) A challenged individual may register to vote or change the location of the
individual's voter registration if otherwise permitted by law.
(8) A document pertaining to a challenge filed under this section is a public record.
Section 65. Section 
20A-3a-805
, which is renumbered from Section 20A-3-202.5 is
renumbered and amended to read:
[
20A-3-202.5
].
 20A-3a-805.
Challenges to a voter's eligibility at polling
place -- Procedure.
(1) (a) A poll worker, a watcher, or an individual who [
lives in the voting precinct
]
resides in the jurisdiction to which the election relates
 may
, at a polling place,
 challenge an
individual's eligibility to vote [
in that voting precinct or
] 
a particular ballot or to vote
 in that
election if:
(i) the individual making the challenge and the challenged individual are both present
at the polling place at the time the challenge is made; and
(ii) the challenge is made [
when
] 
before
 the challenged individual applies for a ballot.
(b) An individual may make a challenge by orally stating the challenged individual's
name and the basis for the challenge, as provided under Section [
20A-3-202
] 
20A-3a-803
.
(2) The poll worker shall record a challenge in the official register [
and
] 
or
 on the
challenge sheets in the pollbook, including:
(a) the name of the challenged individual;
(b) the name of the individual making the challenge; and
(c) the basis upon which the challenge is made.
(3) If an individual's eligibility to vote is challenged under this section, the poll worker
shall follow the procedures and requirements of Section [
20A-3-105.5
] 
20A-3a-205
.
Section 66. Section 
20A-3a-806
, which is renumbered from Section 20A-3-203 is
renumbered and amended to read:
[
20A-3-203
].
 20A-3a-806.
Election official or watcher revealing vote.
(1) It is unlawful for an election official or watcher to reveal to another person the
name of a candidate or ballot proposition for whom a voter has voted or to communicate to
another person the election official or watcher's opinion, belief, or impression regarding for
whom or what a voter has voted.
(2) A person who violates this section is guilty of a class A misdemeanor.
Section 67. Section 
20A-4-101
 is amended to read:
20A-4-101.
Manual ballots cast at a polling place -- Counting manual ballots at
polling place on day of election before polls close.
(1) Each county legislative body [
or
]
,
 municipal legislative body [
that has voting
precincts that use paper ballots
]
,
 and each poll worker [
in those voting precincts
] shall comply
with the requirements of this section 
when counting manual ballots on the day of an election,
if:
(a) the ballots are cast at a polling place; and
(b) the ballots are counted at the polling place before the polls close
.
(2) (a) Each county legislative body or municipal legislative body shall provide:
(i) two sets of ballot boxes for all voting precincts where both receiving and counting
judges have been appointed; and
(ii) a counting room for the use of the poll workers counting the ballots during the day.
(b) At any election in any voting precinct in which both receiving and counting judges
have been appointed, when at least 20 votes have been cast, the receiving judges shall:
(i) close the first ballot box and deliver it to the counting judges; and
(ii) prepare and use another ballot box to receive voted ballots.
(c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
judges shall:
(i) take the ballot box to the counting room;
(ii) count the votes on the regular ballots in the ballot box;
(iii) place the provisional ballot envelopes in the envelope or container provided for
them for return to the election officer; and
(iv) when they have finished counting the votes in the ballot box, return the emptied
box to the receiving judges.
(d) (i) During the course of election day, whenever there are at least 20 ballots
contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
judges for counting; and
(ii) the counting judges shall immediately count the regular ballots and segregate the
provisional ballots contained in that box.
(e) The counting judges shall continue to exchange the ballot boxes and count ballots
until the polls close.
(f) (i) The director of elections within the Office of the Lieutenant Governor shall make
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
describing the procedures that a counting judge is required to follow for counting ballots in an
instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project.
(ii) When counting ballots in an instant runoff voting race described in Title 20A,
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall
comply with the procedures established under Subsection (2)(f)(i) and Title 20A, Chapter 4,
Part 6, Municipal Alternate Voting Methods Pilot Project.
(3) To resolve questions that arise during the counting of ballots, a counting judge shall
apply the standards and requirements of:
(a) to the extent applicable, Section 
20A-4-105
; and
(b) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project, Subsection 
20A-4-603
(3).
Section 68. Section 
20A-4-102
 is amended to read:
20A-4-102.
Manual ballots cast at a polling place -- Counting manual ballots at
polling place on day of election after polls close.
(1) 
(a) This section governs counting manual ballots on the day of an election, if:
(i) the ballots are cast at a polling place; and
(ii) the ballots are counted at the polling place after the polls close.
[
(a)
] 
(b)
 Except as provided in Subsection (2) or a rule made under Subsection
20A-4-101
(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
the election judges shall count the ballots by performing the tasks specified in this section in
the order that they are specified.
[
(b)
] 
(c)
 To resolve questions that arise during the counting of ballots, a counting judge
shall apply the standards and requirements of:
(i) to the extent applicable, Section 
20A-4-105
; and
(ii) as applicable, for an instant runoff voting race under Title 20A, Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project, Subsection 
20A-4-603
(3).
(2) (a) First, the election judges shall count the number of ballots in the ballot box.
(b) (i) If there are more ballots in the ballot box than there are names entered in the
pollbook, the judges shall examine the official endorsements on the ballots.
(ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
official endorsement, the judges shall put those ballots in an excess ballot file and not count
them.
(c) (i) If, after examining the official endorsements, there are still more ballots in the
ballot box than there are names entered in the pollbook, the judges shall place the remaining
ballots back in the ballot box.
(ii) One of the judges, without looking, shall draw a number of ballots equal to the
excess from the ballot box.
(iii) The judges shall put those excess ballots into the excess ballot envelope and not
count them.
(d) When the ballots in the ballot box equal the number of names entered in the
pollbook, the judges shall count the votes.
(3) The judges shall:
(a) place all unused ballots in the envelope or container provided for return to the
county clerk or city recorder; and
(b) seal that envelope or container.
(4) The judges shall:
(a) place all of the provisional ballot envelopes in the envelope provided for them for
return to the election officer; and
(b) seal that envelope or container.
(5) (a) In counting the votes, the election judges shall read and count each ballot
separately.
(b) In regular primary elections the judges shall:
(i) count the number of ballots cast for each party;
(ii) place the ballots cast for each party in separate piles; and
(iii) count all the ballots for one party before beginning to count the ballots cast for
other parties.
(6) (a) In all elections, the counting judges shall, except as provided in Title 20A,
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under
Subsection 
20A-4-101
(2)(f)(i):
(i) count one vote for each candidate designated by the marks in the squares next to the
candidate's name;
(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding
any candidate for an office for which a vote has been cast for a candidate for the same office
upon another ticket by the placing of a mark in the square opposite the name of that candidate
on the other ticket;
(iii) count each vote for each write-in candidate who has qualified by filing a
declaration of candidacy under Section 
20A-9-601
;
(iv) read every name marked on the ballot and mark every name upon the tally sheets
before another ballot is counted;
(v) evaluate each ballot and each vote based on the standards and requirements of
Section 
20A-4-105
;
(vi) write the word "spoiled" on the back of each ballot that lacks the official
endorsement and deposit it in the spoiled ballot envelope; and
(vii) read, count, and record upon the tally sheets the votes that each candidate and
ballot proposition received from all ballots, except excess or spoiled ballots.
(b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
persons clearly not eligible to qualify for office.
(c) The judges shall certify to the accuracy and completeness of the tally list in the
space provided on the tally list.
(d) When the judges have counted all of the voted ballots, they shall record the results
on the total votes cast form.
(7) Only an election judge and a watcher may be present at the place where counting is
conducted until the count is completed.
Section 69. Section 
20A-4-103
 is amended to read:
20A-4-103.
Preparing ballots cast at a polling place for the counting center.
(1) This section governs the preparation of ballots for the counting center when the
ballots are cast at a polling place.
[
(1)
]
(2)
 (a) [
In voting precincts using ballot sheets, as
] 
As
 soon as the polls have been
closed and the last qualified voter has voted, the poll workers shall prepare the [
ballot sheets
]
ballots
 for delivery to the counting center as provided in this section.
(b) The poll workers, election officers, and other persons may not manually count any
votes before delivering the ballots to the counting center.
[
(2)
] 
(3)
 The poll workers shall:
(a) complete the statement of disposition of ballots and all other forms required by the
election officer;
(b) place a copy of the forms described in Subsection (3)(a) and the voted ballots in a
sealed container;
[
(a)
] 
(c)
 place all [
of the
] provisional [
ballot envelopes in the envelope or
] 
ballots in
the
 container provided for [
them for return
] 
returning provisional ballots
 to the counting
center[
; and (b) seal that envelope or
] 
and seal the
 container[
.
]
; and
(d) deliver to the counting center:
(i) the items described in Subsections (3)(a) through (c); and
(ii) any other items required by the election officer.
[
(3) (a) The poll workers shall check each secrecy envelope to see if the envelope
contains any write-in votes.
]
[
(b) If a secrecy envelope does not contain any write-in votes, the poll workers shall
remove the ballot sheet from the secrecy envelope.
]
[
(c) If a secrecy envelope contains any write-in votes, the poll workers may not
separate the ballot sheet from the secrecy envelope.
]
[
(4) The poll workers shall place:
]
[
(a) the voted ballot sheets and one copy of the statement of disposition of ballots in
the transfer case;
]
[
(b) the other copy of the statement of disposition of ballots, the pollbook, any
unprocessed absentee ballots, the poll workers' pay vouchers, the official register, and the
spoiled ballot envelope in the carrier envelope provided; and
]
[
(c) the other election materials in the election supply box.
]
Section 70. Section 
20A-4-104
 is amended to read:
20A-4-104.
Counting ballots electronically.
(1) (a) Before beginning to count ballots using automatic tabulating equipment, the
election officer shall test the automatic tabulating equipment to ensure that it will accurately
count the votes cast for all offices and all measures.
(b) The election officer shall publish public notice of the time and place of the test:
(i) (A) at least 48 hours before the test in one or more daily or weekly newspapers of
general circulation in the county, municipality, or jurisdiction where the equipment is used;
(B) if there is no daily or weekly newspaper of general circulation in the county,
municipality, or jurisdiction where the equipment is used, at least 10 days before the day of the
test, by posting one notice, and at least one additional notice per 2,000 population of the
county, municipality, or jurisdiction, in places within the county, municipality, or jurisdiction
that are most likely to give notice to the voters in the county, municipality, or jurisdiction; or
(C) at least 10 days before the day of the test, by mailing notice to each registered voter
in the county, municipality, or jurisdiction where the equipment is used;
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
, for four weeks
before the day of the test;
(iii) in accordance with Section 
45-1-101
, for at least 10 days before the day of the test;
and
(iv) if the county, municipality, or jurisdiction has a website, on the website for four
weeks before the day of the test.
(c) The election officer shall conduct the test by processing a preaudited group of
ballots.
(d) The election officer shall ensure that:
(i) a predetermined number of valid votes for each candidate and measure are recorded
on the ballots;
(ii) for each office, one or more [
ballot sheets
] 
ballots
 have votes in excess of the
number allowed by law in order to test the ability of the automatic tabulating equipment to
reject those votes; and
(iii) a different number of valid votes are assigned to each candidate for an office, and
for and against each measure.
(e) If any error is detected, the election officer shall determine the cause of the error
and correct it.
(f) The election officer shall ensure that:
(i) the automatic tabulating equipment produces an errorless count before beginning
the actual counting; and
(ii) the automatic tabulating equipment passes the same test at the end of the count
before the election returns are approved as official.
(2) (a) The election officer or the election officer's designee shall supervise and direct
all proceedings at the counting center.
(b) (i) Proceedings at the counting center are public and may be observed by interested
persons.
(ii) Only those persons authorized to participate in the count may touch any ballot or
return.
(c) The election officer shall deputize and administer an oath or affirmation to all
persons who are engaged in processing and counting the ballots that they will faithfully
perform their assigned duties.
(3) If any ballot is damaged or defective so that it cannot properly be counted by the
automatic tabulating equipment, the election officer shall ensure that two counting judges
jointly :
(a) [
create a true duplicate copy
] 
make a true replication
 of the ballot with an
identifying serial number;
(b) substitute the [
duplicate
] 
replicated
 ballot for the damaged or defective ballot;
(c) label the [
duplicate
] 
replicated
 ballot [
"duplicate"
] 
"replicated"
; and
(d) record the [
duplicate
] 
replicated
 ballot's serial number on the damaged or defective
ballot.
(4) The election officer may:
(a) conduct an unofficial count before conducting the official count in order to provide
early unofficial returns to the public;
(b) release unofficial returns from time to time after the polls close; and
(c) report the progress of the count for each candidate during the actual counting of
ballots.
(5) The election officer shall review and evaluate the provisional ballot envelopes and
prepare any valid provisional ballots for counting as provided in Section 
20A-4-107
.
(6) (a) The election officer or the election officer's designee shall:
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
(ii) complete the standard form provided by the clerk for recording valid write-in votes.
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
more votes for an office than that voter is entitled to vote for that office, the poll workers shall
count the valid write-in vote as being the obvious intent of the voter.
(7) (a) The election officer shall certify the return printed by the automatic tabulating
equipment, to which have been added write-in and absentee votes, as the official return of each
voting precinct.
(b) Upon completion of the count, the election officer shall make official returns open
to the public.
(8) If for any reason it becomes impracticable to count all or a part of the ballots with
tabulating equipment, the election officer may direct that they be counted manually according
to the procedures and requirements of this part.
(9) After the count is completed, the election officer shall seal and retain the programs,
test materials, and ballots as provided in Section 
20A-4-202
.
Section 71. Section 
20A-4-105
 is amended to read:
20A-4-105.
Standards and requirements for evaluating voter's ballot choices.
(1) (a) An election officer shall ensure that when a question arises regarding a vote
recorded on a [
paper
] 
manual
 ballot, two counting judges jointly adjudicate the ballot, except
as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
Pilot Project, in accordance with the requirements of this section.
(b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
is adjudicated under this section, the counting judges may not count the vote. 
(2) Except as provided in Subsection (11), Subsection [
20A-3-105
(5)
] 
20A-3a-204
(6)
,
or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter
marks more names than there are individuals to be elected to an office, or if the counting
judges cannot determine a voter's choice for an office, the counting judges may not count the
voter's vote for that office.
(3) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark
on a [
paper
] 
manual
 ballot if:
(a) the defective or incomplete mark is in the proper place; and
(b) there is no other mark or cross on the ballot indicating the voter's intent to vote
other than as indicated by the incomplete or defective mark.
(4) (a) When a voter has marked a ballot so that it appears that the voter has voted
more than one straight ticket, the counting judges may not count any votes on the ballot for
party candidates.
(b) The counting judges shall count the remainder of the ballot if the remainder of the
ballot is voted correctly.
(5) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
Voting Methods Pilot Project, the counting judges may not reject a ballot marked by the voter
because of marks on the ballot other than those marks allowed by this section unless the
extraneous marks on a ballot show an intent by an individual to mark the individual's ballot so
that the individual's ballot can be identified.
(6) (a) In counting the ballots, the counting judges shall give full consideration to the
intent of the voter.
(b) The counting judges may not invalidate a ballot because of mechanical or technical
defects in voting or failure on the part of the voter to follow strictly the rules for balloting
required by Chapter 3, Voting.
(7) The counting judges may not reject a ballot because of an error in:
(a) stamping or writing an official endorsement; or
(b) delivering the wrong ballots to a polling place.
(8) The counting judges may not count a [
paper
] 
manual
 ballot that does not have the
official endorsement by an election officer.
(9) The counting judges may not count a ballot proposition vote or candidate vote for
which the voter is not legally entitled to vote, as defined in Section 
20A-4-107
.
(10) If the counting judges discover that the name of a candidate is misspelled on a
ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
apparent that the voter intended to vote for the candidate.
(11) The counting judges shall count a vote for the president and the vice president of
any political party as a vote for the presidential electors selected by the political party.
(12) Except as otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate
Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a valid
write-in vote, a voter has cast more votes for an office than that voter is entitled to vote for that
office, the counting judges shall count the valid write-in vote as being the obvious intent of the
voter.
Section 72. Section 
20A-4-106
 is amended to read:
20A-4-106.
Manual ballots -- Sealing.
[
(1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read
and tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate
strings.
]
(1) After the official canvas of an election, the election officer shall store all election
returns in containers that identify the containers' contents.
[
(ii)
] 
(2)
 After the ballots are [
strung, they
] 
stored under Subsection (1), the ballots
 may
not be examined by anyone, except when examined during a recount conducted under the
authority of Section 
20A-4-401
 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project.
[
(b) The judges shall carefully seal all of the strung ballots in a strong envelope.
]
[
(2) (a) For regular primary elections, after all the ballots have been counted, certified
to, and strung by the judges, they shall seal the ballots cast for each of the parties in separate
envelopes.
]
[
(b) The judges shall:
]
[
(i) seal each of the envelopes containing the votes of each of the political parties in
one large envelope; and
]
[
(ii) return that envelope to the county clerk.
]
[
(c) The judges shall:
]
[
(i) destroy the ballots in the blank ballot box; or
]
[
(ii) if directed to do so by the election officer, return them to the election officer for
destruction.
]
[
(3) As soon as the judges have counted all the votes and sealed the ballots they shall
sign and certify the pollbooks.
]
[
(4) (a) The judges, before they adjourn, shall:
]
[
(i) enclose and seal the official register, the posting book, the pollbook, the ballot
disposition form, the military and overseas absentee voter registration and voting certificates,
one of the tally sheets, and any unprocessed absentee ballots in a strong envelope or pouch;
]
[
(ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
strung and placed in a separate envelope or pouch as required by Subsection (1);
]
[
(iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
disposition form in a separate envelope or pouch;
]
[
(iv) place all provisional ballots in a separate envelope or pouch; and
]
[
(v) place the total votes cast form and the judges' vouchers requesting compensation
for services rendered in a separate pouch.
]
[
(b) Before enclosing the official register in the envelope or pouch, the election judges
shall certify it substantially as follows:
]
[
"We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
Utah, certify that the required entries have been made for the election held
__________(month\day\year), including:
]
[
a list of the ballot numbers for each voter;
]
[
the voters' signatures, except where a judge has signed for the absentee voters;
]
[
a list of information surrounding a voter who is challenged,
]
[
including any affidavits; and
]
[
a notation for each time a voter was assisted with a ballot."
]
[
(5) Each judge shall:
]
[
(a) write the judge's name across the seal of each envelope or pouch;
]
[
(b) mark on the exterior of the envelope or pouch:
]
[
(i) the word "ballots" or "returns" or "unused ballots," or "provisional ballots" or other
words plainly indicating the contents of the packages; and
]
[
(ii) the number of the voting precinct.
]
Section 73. Section 
20A-4-107
 is amended to read:
20A-4-107.
Review and disposition of provisional ballot envelopes.
(1) As used in this section, [
a person
] 
an individual
 is "legally entitled to vote" if:
(a) the [
person
] 
individual
:
(i) is registered to vote in the state;
(ii) votes the ballot for the voting precinct in which the [
person
] 
individual
 resides; and
(iii) provides valid voter identification to the poll worker;
(b) the [
person
] 
individual
:
(i) is registered to vote in the state;
(ii) (A) provided valid voter identification to the poll worker; or
(B) either failed to provide valid voter identification or the documents provided as
valid voter identification were inadequate and the poll worker recorded that fact in the official
register but the county clerk verifies the [
person's
] 
individual's
 identity and residence through
some other means; and
(iii) did not vote in the [
person's
] 
individual's
 precinct of residence, but the ballot that
the [
person
] 
individual
 voted was from the [
person's
] 
individual's
 county of residence and
includes one or more candidates or ballot propositions on the ballot voted in the [
person's
]
individual's
 precinct of residence; or
(c) the [
person
] 
individual
:
(i) is registered to vote in the state;
(ii) either failed to provide valid voter identification or the documents provided as
valid voter identification were inadequate and the poll worker recorded that fact in the official
register; and
(iii) (A) the county clerk verifies the [
person's
] 
individual's
 identity and residence
through some other means as reliable as photo identification; or
(B) the [
person
] 
individual
 provides valid voter identification to the county clerk or an
election officer who is administering the election by the close of normal office hours on
Monday after the date of the election.
(2) (a) Upon receipt of a provisional ballot form, the election officer shall review the
affirmation on the provisional ballot form and determine if the [
person
] 
individual
 signing the
affirmation is:
(i) registered to vote in this state; and
(ii) legally entitled to vote:
(A) the ballot that the [
person
] 
individual
 voted; or
(B) if the ballot is from the [
person's
] 
individual's
 county of residence, for at least one
ballot proposition or candidate on the ballot that the [
person
] 
individual
 voted.
(b) Except as provided in Section 
20A-2-207
, if the election officer determines that the
[
person
] 
individual
 is not registered to vote in this state or is not legally entitled to vote in the
county or for any of the ballot propositions or candidates on the ballot that the [
person
]
individual
 voted, the election officer shall retain the ballot form, uncounted, for the period
specified in Section 
20A-4-202
 unless ordered by a court to produce or count it.
(c) If the election officer determines that the [
person
] 
individual
 is registered to vote in
this state and is legally entitled to vote in the county and for at least one of the ballot
propositions or candidates on the ballot that the [
person
] 
individual
 voted, the election officer
shall place the provisional ballot with the [
absentee
] 
regular
 ballots to be counted with those
ballots at the canvass.
(d) The election officer may not count, or allow to be counted a provisional ballot
unless the [
person's
] 
individual's
 identity and residence is established by a preponderance of the
evidence.
(3) If the election officer determines that the [
person
] 
individual
 is registered to vote in
this state, or if the voter registers to vote in accordance with Section 
20A-2-207
, the election
officer shall ensure that the voter registration records are updated to reflect the information
provided on the provisional ballot form.
(4) Except as provided in Section 
20A-2-207
, if the election officer determines that the
[
person
] 
individual
 is not registered to vote in this state and the information on the provisional
ballot form is complete, the election officer shall:
(a) consider the provisional ballot form a voter registration form for the [
person's
]
individual's
 county of residence; and
(b) (i) register the [
person
] 
individual
 if the [
voter's
] 
individual's
 county of residence is
within the county; or
(ii) forward the voter registration form to the election officer of the [
person's
]
individual's
 county of residence, which election officer shall register the [
person
] 
individual
.
(5) Notwithstanding any provision of this section, the election officer shall place a
provisional ballot with the [
absentee
] 
regular
 ballots to be counted with those ballots at the
canvass, if:
(a) (i) the election officer determines, in accordance with the provisions of this section,
that the sole reason a provisional ballot may not otherwise be counted is because the voter
registration was filed less than [
seven
] 
 days before the election;
(ii) [
seven
] 
 or more days before the election, the individual who cast the provisional
ballot:
(A) completed and signed the voter registration; and
(B) provided the voter registration to another person to file;
(iii) the late filing was made due to the [
person
] 
individual
 described in Subsection
(5)(a)(ii)(B) filing the voter registration late; and
(iv) the election officer receives the voter registration before 5 p.m. no later than one
day before the day of the election; or
(b) the provisional ballot is cast on or before election day and is not otherwise
prohibited from being counted under the provisions of this chapter.
Section 74. Section 
20A-4-201
 is amended to read:
20A-4-201.
Delivery of election returns.
(1) At least two poll workers shall deliver the [
ballot box, the lock, and the key
] 
ballots
and other items described in Subsection 
20A-4-103
(3)(d)
 to:
(a) the election officer; or
(b) the location directed by the election officer.
(2) (a) Before they adjourn, the poll workers shall choose two or more of their number
to deliver the election returns to the election officer.
(b) The poll workers shall:
(i) deliver the unopened envelopes [
or pouches
] to the election officer or counting
center immediately but no later than 24 hours after the polls close; or
(ii) if the polling place is 15 miles or more from the county seat, mail the election
returns to the election officer by registered mail from the post office most convenient to the
polling place within 24 hours after the polls close.
(3) The election officer shall pay each poll worker reasonable compensation for travel
that is necessary to deliver the election returns and to return to the polling place.
(4) The requirements of this section do not prohibit transmission of the unofficial vote
count to the counting center via electronic means, provided that reasonable security measures
are taken to preserve the integrity and privacy of the transmission.
Section 75. Section 
20A-4-202
 is amended to read:
20A-4-202.
Election officers -- Disposition of ballots -- Release of number of
provisional ballots cast.
(1) Upon receipt of the election returns from the poll workers, the election officer shall:
(a) ensure that the poll workers have provided all of the ballots and election returns;
(b) inspect the ballots and election returns to ensure that they are sealed;
(c) [
(i)
] for [
paper
] 
manual
 ballots, deposit and lock the ballots and election returns in a
safe and secure place[
; or
]
;
[
(ii)
] 
(d)
 [
for punch card
] 
for mechanical
 ballots:
[
(A)
] 
(i)
 count the ballots; and
[
(B)
] 
(ii)
 deposit and lock the ballots and election returns in a safe and secure place;
and
[
(d)
] 
(e)
 for bond elections, provide a copy of the election results to the board of
canvassers of the local political subdivision that called the bond election.
(2) Each election officer shall:
(a) before 5 p.m. on the day after the date of the election, determine the number of
provisional ballots cast within the election officer's jurisdiction and make that number available
to the public;
(b) preserve ballots for 22 months after the election or until the time has expired during
which the ballots could be used in an election contest;
[
(c) package and seal a true copy of the ballot label used in each voting precinct;
]
[
(d)
] 
(c)
 preserve all other official election returns for at least 22 months after an
election; and
[
(e)
] 
(d)
 after that time, destroy them without opening or examining them.
(3) (a) The election officer shall package and retain all tabulating cards and other
materials used in the programming of the automatic tabulating equipment.
(b) The election officer:
(i) may access these tabulating cards and other materials;
(ii) may make copies of these materials and make changes to the copies;
(iii) may not alter or make changes to the materials themselves; and
(iv) within 22 months after the election in which they were used, may dispose of those
materials or retain them.
(4) (a) If an election contest is begun within 12 months, the election officer shall:
(i) keep the ballots and election returns unopened and unaltered until the contest is
complete; or
(ii) surrender the ballots and election returns to the custody of the court having
jurisdiction of the contest when ordered or subpoenaed to do so by that court.
(b) When all election contests arising from an election are complete, the election
officer shall either:
(i) retain the ballots and election returns until the time for preserving them under this
section has run; or
(ii) destroy the ballots and election returns remaining in the election officer's custody
without opening or examining them if the time for preserving them under this section has run.
Section 76. Section 
20A-4-303
 is amended to read:
20A-4-303.
Duties of the board of canvassers -- Canvassing the returns.
(1) 
(a) Before the board of canvassers convenes, the election officer shall:
(i) count the ballots;
(ii) prepare a certified summary of:
(A) all ballots counted; and
(B) all ballots not counted, with an explanation regarding the reason the ballots were
not counted; and
(iii) make available to the board of canvassers for inspection, all ballots, registers,
books, and forms related to the election.
[
(a)
] 
(b)
 The board of canvassers shall canvass the election returns by publicly
[
opening the returns and determining from them the votes of each voting precinct for
]:
(i) reviewing the summary reports prepared by the election officer and any ballots,
registers, books, or forms requested by the board of canvassers; and
(ii) certifying the votes cast:
[
(i)
] 
(A)
 each person voted for; and
[
(ii)
] 
(B)
 for and against each ballot proposition voted upon at the election.
[
(b)
] 
(c)
 The board of canvassers shall, once having begun the canvass, continue until it
is completed.
(2) In canvassing returns, the board of canvassers may not:
(a) reject any election returns if the board can determine the number of votes cast for
each person from it;
(b) reject any election returns if the election returns:
(i) do not show who administered the oath to the judges of election;
(ii) show that the election judges failed to fill out all the certificates in the pollbooks; or
(iii) show that the election judges failed to do or perform any other act in preparing the
returns that is not essential to determine for whom the votes were cast; or
(c) reject any returns from any voting precinct that do not conform with the
requirements for making, certifying, and returning the returns if those returns are sufficiently
explicit to enable the board of canvassers to determine the number of votes cast for each person
and for and against each ballot proposition.
(3) (a) If it clearly appears to the election officer and board of canvassers that certain
matters are omitted or that clerical mistakes exist in election returns received, [
they shall
transmit the election returns to the election judges for correction
] 
the election officer shall
correct the omissions and mistakes
.
[
(b) Upon receipt of the election returns for correction from the board of canvassers,
the election judges shall correct the election returns as required by the facts.
]
[
(c)
] 
(b)
 The clerk and the board of canvassers may adjourn from day to day to await
receipt of corrected election material.
(4) If a recount is conducted as authorized by Section 
20A-4-401
, the board of
canvassers shall canvass the results of that recount as provided in this section and Section
20A-4-401
.
Section 77. Section 
20A-4-401
 is amended to read:
20A-4-401.
Recounts -- Procedure.
(1) (a) This section does not apply to a race conducted by instant runoff voting under
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
(b) Except as provided in Subsection (1)(c), for a race between candidates, if the
difference between the number of votes cast for a winning candidate in the race and a losing
candidate in the race is equal to or less than .25% of the total number of votes cast for all
candidates in the race, that losing candidate may file a request for a recount in accordance with
Subsection (1)(d).
(c) For a race between candidates where the total of all votes cast in the race is 400 or
less, if the difference between the number of votes cast for a winning candidate in the race and
a losing candidate in the race is one vote, that losing candidate may file a request for a recount
in accordance with Subsection (1)(d).
(d) A candidate who files a request for a recount under Subsection (1) (b) or (c) shall
file the request:
(i) for a municipal primary election, with the municipal clerk, before 5 p.m. within
three days after the canvass; or
(ii) for all other elections, before 5 p.m. within seven days after the canvass with:
(A) the municipal clerk, if the election is a municipal general election;
(B) the local district clerk, if the election is a local district election;
(C) the county clerk, for races voted on entirely within a single county; or
(D) the lieutenant governor, for statewide races and multicounty races.
(e) The election officer shall:
(i) supervise the recount;
(ii) recount all ballots cast for that race;
(iii) reexamine all [
unopened absentee
] 
uncounted
 ballots to ensure compliance with
Chapter 3, Part [
3, Absentee Voting
] 
4, Disposition of Ballots
;
(iv) for a race where only one candidate may win, declare elected the candidate who
receives the highest number of votes on the recount; and
(v) for a race where multiple candidates may win, declare elected the applicable
number of candidates who receive the highest number of votes on the recount.
(2) (a) Except as provided in Subsection (2)(b), for a ballot proposition or a bond
proposition, if the proposition passes or fails by a margin that is equal to or less than .25% of
the total votes cast for or against the proposition, any 10 voters who voted in the election where
the proposition was on the ballot may file a request for a recount before 5 p.m. within seven
days after the day of the canvass with the person described in Subsection (2)(c).
(b) For a ballot proposition or a bond proposition where the total of all votes cast for or
against the proposition is 400 or less, if the difference between the number of votes cast for the
proposition and the number of votes cast against the proposition is one vote, any 10 voters who
voted in the election where the proposition was on the ballot may file a request for a recount
before 5 p.m. within seven days after the day of the canvass with the person described in
Subsection (2)(c).
(c) The 10 voters who file a request for a recount under Subsection (2)(a) or (b) shall
file the request with:
(i) the municipal clerk, if the election is a municipal election;
(ii) the local district clerk, if the election is a local district election;
(iii) the county clerk, for propositions voted on entirely within a single county; or
(iv) the lieutenant governor, for statewide propositions and multicounty propositions.
(d) The election officer shall:
(i) supervise the recount;
(ii) recount all ballots cast for that ballot proposition or bond proposition;
(iii) reexamine all [
unopened absentee
] 
uncounted
 ballots to ensure compliance with
Chapter 3, Part [
3, Absentee Voting
] 
4, Disposition of Ballots
; and
(iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
based upon the results of the recount.
(e) Proponents and opponents of the ballot proposition or bond proposition may
designate representatives to witness the recount.
(f) The voters requesting the recount shall pay the costs of the recount.
(3) Costs incurred by recount under Subsection (1) may not be assessed against the
person requesting the recount.
(4) (a) Upon completion of the recount, the election officer shall immediately convene
the board of canvassers.
(b) The board of canvassers shall:
(i) canvass the election returns for the race or proposition that was the subject of the
recount; and
(ii) with the assistance of the election officer, prepare and sign the report required by
Section 
20A-4-304
 or 
20A-4-306
.
(c) If the recount is for a statewide or multicounty race or for a statewide proposition,
the board of county canvassers shall prepare and transmit a separate report to the lieutenant
governor as required by Subsection 
20A-4-304
 (7).
(d) The canvassers' report prepared as provided in this Subsection (4) is the official
result of the race or proposition that is the subject of the recount.
Section 78. Section 
20A-5-102
 is amended to read:
20A-5-102.
Voting instructions.
(1) Each election officer shall:
(a) print [
instruction cards
] 
instructions
 for voters;
(b) ensure that the [
cards
] 
instructions
 are printed in English
, and any other language
required under the Voting Rights Act of 1965, as amended,
 in large clear type; and
(c) ensure that the [
cards instruct
] 
instructions inform
 voters:
(i) about how to obtain ballots for voting;
(ii) about special political party affiliation requirements for voting in a regular primary
election or presidential primary election;
(iii) about how to prepare ballots for deposit in the ballot box;
(iv) about how to record write-in votes;
(v) about how to obtain a new ballot in the place of one spoiled by accident or mistake;
(vi) about how to obtain assistance in marking ballots;
(vii) about obtaining a new ballot if the voter's ballot is defaced;
(viii) that identification marks or the spoiling or defacing of a ballot will make it
invalid;
(ix) about how to obtain and vote a provisional ballot;
(x) about whom to contact to report election fraud;
(xi) about applicable federal and state laws regarding:
(A) voting rights and the appropriate official to contact if the voter alleges his rights
have been violated; and
(B) prohibitions on acts of fraud and misrepresentation;
(xii) about procedures governing mail-in registrants and first-time voters; and
(xiii) about the date of the election and the hours that the polls are open on election
day.
(2) Each election officer shall:
(a) provide the election judges of each voting precinct with sufficient instruction cards
to instruct voters in the preparation of their ballots;
(b) direct the election judges to post:
(i) general voting instructions in each voting booth; and
(ii) at least three instruction cards and at least one sample ballot elsewhere in and about
the polling place.
Section 79. Section 
20A-5-205
 is amended to read:
20A-5-205.
Delivery of official register.
(1) Before delivering the official register to the poll workers, the county clerk shall
[
attach the certificate required by law to the book
] 
verify the accuracy and completeness of the
official register
.
(2) The county clerk shall [
deliver the official register, its accuracy verified by the
county clerk's signature, to a poll worker in each voting precinct by noon on the day before the
election.
]
, before the polls open at an early voting center or any other polling place:
(a) deliver the official register to each polling place; and
(b) provide verification of the official register's accuracy and completeness.
(3) This section does not prohibit a county clerk from updating an official register as
necessary.
Section 80. Section 
20A-5-206
 is amended to read:
20A-5-206.
Change of precinct boundaries -- Revising list.
(1) Whenever the boundaries of any voting precinct are changed, or a new voting
precinct is created, the county clerk shall ensure that the names of all voters residing within the
territory affected by the change are [
transferred from one
] 
updated in the
 official register [
to the
other
].
(2) Any registered voter whose name has been erroneously [
transferred from one
]
updated in the
 official register [
to another
], or erroneously [
allowed to remain on any
] 
not
updated in the
 official register, may vote in the voting precinct in which the voter resides if the
voter uses a provisional ballot.
Section 81. Section 
20A-5-302
 is amended to read:
20A-5-302.
Automated voting system.
(1) (a) Any county or municipal legislative body or local district board may:
(i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
automated voting system that meets the requirements of this section; and
(ii) use that system in any election, in all or a part of the voting precincts within its
boundaries, or in combination with [
paper
] 
manual
 ballots.
(b) Nothing in this title shall be construed to require the use of electronic voting
devices in local special elections, municipal primary elections, or municipal general elections.
(2) (a) Each automated voting system shall:
(i) provide for voting in secrecy, except in the case of voters who have received
assistance as authorized by Section [
20A-3-108
] 
20A-3a-108
;
(ii) permit each voter at any election to:
(A) vote for all persons and offices for whom and for which that voter is lawfully
entitled to vote;
(B) vote for as many persons for an office as that voter is entitled to vote; and
(C) vote for or against any ballot proposition upon which that voter is entitled to vote;
(iii) permit each voter, at presidential elections, by one mark [
or punch
]
,
 to vote for the
candidates of that party for president, vice president, and for their presidential electors;
(iv) permit each voter, at any regular general election, to vote for all the candidates of
one registered political party by making one mark [
or punch
];
(v) permit each voter to scratch vote;
(vi) at elections other than primary elections, permit each voter to vote for the
nominees of one or more parties and for independent candidates;
(vii) at primary elections:
(A) permit each voter to vote for candidates of the political party of the voter's choice;
and
(B) reject any votes cast for candidates of another party;
(viii) prevent the voter from voting for the same person more than once for the same
office;
(ix) provide the opportunity for each voter to change the ballot and to correct any error
before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub.
L. No. 107-252;
(x) include automatic tabulating equipment that rejects choices recorded on a voter's
ballot if the number of the voter's recorded choices is greater than the number which the voter
is entitled to vote for the office or on the measure;
(xi) be of durable construction, suitably designed so that it may be used safely,
efficiently, and accurately in the conduct of elections and counting ballots;
(xii) when properly operated, record correctly and count accurately each vote cast;
(xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
record that:
(A) shall be available as an official record for any recount or election contest
conducted with respect to an election where the voting equipment is used;
(B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
place; and
(II) shall permit the voter to inspect the record of the voter's selections independently
only if reasonably practicable commercial methods permitting independent inspection are
available at the time of certification of the voting equipment by the lieutenant governor;
(C) shall include, at a minimum, human readable printing that shows a record of the
voter's selections;
(D) may also include machine readable printing which may be the same as the human
readable printing; and
(E) allows a watcher to observe the election process to ensure the integrity of the
election process; and
(xiv) meet the requirements of Section 
20A-5-802
.
(b) For the purposes of a recount or an election contest, if the permanent paper record
contains a conflict or inconsistency between the human readable printing and the machine
readable printing, the human readable printing shall supercede the machine readable printing
when determining the intent of the voter.
(c) Notwithstanding any other provisions of this section, the election officers shall
ensure that the ballots to be counted by means of electronic or electromechanical devices are of
a size, layout, texture, and printed in a 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 82. Section 
20A-5-401
 is amended to read:
20A-5-401.
Official register -- Preparation -- Contents.
(1) (a) Before the registration days for each regular general, municipal general, regular
primary, municipal primary, or presidential primary election, each county clerk shall prepare an
official register of 
all
 voters [
for each voting precinct
] that will participate in the election.
(b) The county clerk shall ensure that the official register is prepared [
for the
alphabetical entry of names
] and contains [
entry fields to provide for
] the following
[
information
] 
for each registered voter
:
(i) [
registered voter's
] name;
(ii) party affiliation;
(iii) 
an entry field for a voter challenge, including the name of the individual making
the challenge and the
 grounds for 
the
 challenge;
[
(iv) name of person challenging a voter;
]
[
(v) primary, November, special;
]
(iv) election name and date;
[
(vi)
] 
(v)
 date of birth;
[
(vii) place of birth;
]
[
(viii)
] 
(vi)
 place of current residence;
[
(ix)
] 
(vii)
 street address 
of current residence
;
[
(x)
] 
(viii)
 zip code;
[
(xi)
] 
(ix)
 identification and provisional ballot information as required under
Subsection (1)(d); and
[
(xii)
] 
(x)
 space for the voter to sign [
his
] 
the voter's
 name for [
each
] 
the
 election.
(c) When preparing the official register for the presidential primary election, the county
clerk shall include:
(i) an entry field to record the name of the political party whose ballot the voter voted;
and
(ii) an entry field for the poll worker to record changes in the voter's party affiliation.
(d) When preparing the official register for any regular general election, municipal
general election, statewide special election, local special election, regular primary election,
municipal primary election, local district election, or election for federal office, the county
clerk shall include:
(i) an entry field for the poll worker to record the type of identification provided by the
voter;
(ii) a [
column
] 
space
 for the poll worker to record the provisional envelope ballot
number for voters who receive a provisional ballot; and
(iii) a space for the poll worker to record the type of identification that was provided by
voters who receive a provisional ballot.
(2) (a) (i) For regular and municipal elections, primary elections, regular municipal
elections, local district elections, and bond elections, the county clerk shall make an official
register only for voting precincts affected by the primary, municipal, local district, or bond
election.
(ii) If a polling place to be used in a bond election serves both voters residing in the
local political subdivision calling the bond election and voters residing outside of that local
political subdivision, the official register shall designate whether each voter resides in or
outside of the local political subdivision.
(iii) Each county clerk, with the assistance of the clerk of each affected local district,
shall provide a detailed map or an indication on the registration list or other means to enable a
poll worker to determine the voters entitled to vote at an election of local district officers.
(b) Municipalities shall pay the costs of making the official register for municipal
elections.
Section 83. Section 
20A-5-403
 is amended to read:
20A-5-403.
Polling places -- Booths -- Ballot boxes -- Inspections --
Arrangements.
(1) [
Each
] 
Except as provided in Section 
20A-7-609.5
, each
 election officer shall:
(a) designate polling places for each voting precinct in the jurisdiction; and
(b) obtain the approval of the county or municipal legislative body or local district
governing board for those polling places.
(2) (a) For each polling place, the election officer shall provide:
(i) an American flag;
(ii) a sufficient number of voting booths or compartments;
(iii) the voting devices, voting booths, ballots, ballot boxes, [
ballot labels, ballot sheets,
write-in ballots,
] and any other records and supplies necessary to enable a voter to vote;
(iv) the constitutional amendment cards required by Part 1, Election Notices and
Instructions;
(v) voter information pamphlets required by Chapter 7, Part 7, Voter Information
Pamphlet;
(vi) the [
instruction cards
] 
instructions
 required by Section 
20A-5-102
; and
(vii) a sign, to be prominently displayed in the polling place, indicating that valid voter
identification is required for every voter before the voter may vote and listing the forms of
identification that constitute valid voter identification.
(b) Each election officer shall ensure that:
(i) each voting booth is at a convenient height for writing, and is arranged so that the
voter can prepare the voter's ballot screened from observation;
(ii) there are a sufficient number of voting booths or voting devices to accommodate
the voters at that polling place; and
(iii) there is at least one voting booth or voting device that is configured to
accommodate persons with disabilities.
(c) Each county clerk shall provide a ballot box for each polling place that is large
enough to properly receive and hold the ballots to be cast.
(3) (a) All polling places shall be physically inspected by each county clerk to ensure
access by a person with a disability.
(b) Any issues concerning inaccessibility to polling places by a person with a disability
discovered during the inspections referred to in Subsection (3)(a) or reported to the county
clerk shall be:
(i) forwarded to the Office of the Lieutenant Governor; and
(ii) within six months of the time of the complaint, the issue of inaccessibility shall be
either:
(A) remedied at the particular location by the county clerk;
(B) the county clerk shall designate an alternative accessible location for the particular
precinct; or
(C) if no practical solution can be identified, file with the Office of the Lieutenant
Governor a written explanation identifying the reasons compliance cannot reasonably be met.
(4) (a) The municipality in which the election is held shall pay the cost of conducting
each municipal election, including the cost of printing and supplies.
(b) (i) Costs assessed by a county clerk to a municipality under this section may not
exceed the actual costs incurred by the county clerk.
(ii) The actual costs shall include:
(A) costs of or rental fees associated with the use of election equipment and supplies;
and
(B) reasonable and necessary administrative costs.
(5) The county clerk shall make detailed entries of all proceedings had under this
chapter.
(6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
that an individual waits in line before the individual can vote at a polling location in the county
does not exceed 30 minutes.
(b) The lieutenant governor may require a county clerk to submit a line management
plan before the next election if an individual waits in line at a polling location in the county
longer than 30 minutes before the individual can vote.
(c) The lieutenant governor may consider extenuating circumstances in deciding
whether to require the county clerk to submit a plan described in Subsection (6)(b).
(d) The lieutenant governor shall review each plan submitted under Subsection (6)(b)
and consult with the county clerk submitting the plan to ensure, to the extent possible, that the
amount of time an individual waits in line before the individual can vote at a polling location in
the county does not exceed 30 minutes.
Section 84. Section 
20A-5-403.5
 is enacted to read:
 20A-5-403.5.
Ballot drop boxes.
(1) An election officer:
(a) may designate ballot drop boxes for the election officer's jurisdiction; and
(b) shall clearly mark each ballot drop box as an official ballot drop box for the
election officer's jurisdiction.
(2) Except as provided in Section 
20A-1-308
 or Subsection (5), the election officer
shall, at least 19 days before the date of the election, publish notice of the location of each
ballot drop box designated under Subsection (1):
(a) (i) in one issue of a newspaper of general circulation in the jurisdiction holding the
election;
(ii) if there is no newspaper of general circulation in the jurisdiction holding the
election, by posting one notice, and at least one additional notice per 2,000 population of the
jurisdiction holding the election, in places within the jurisdiction that are most likely to give
notice to the residents in the jurisdiction; or
(iii) by mailing notice to each registered voter in the jurisdiction holding the election;
(b) on the Utah Public Notice Website created in Section 
63F-1-701
, for 19 days before
the day of the election;
(c) in accordance with Section 
45-1-101
, for 19 days before the date of the election;
and
(d) on the jurisdiction's website for 19 days before the day of the election.
(3) Instead of publishing the location of ballot drop boxes under Subsection (2), the
election officer may publish a statement that specifies the following sources where a voter may
view or obtain a copy of all ballot drop box locations:
(a) the jurisdiction's website;
(b) the physical address of the jurisdiction's offices; and
(c) a mailing address and telephone number.
(4) The election officer shall include in the notice described in Subsection (2):
(a) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website the location of each ballot drop box, including any changes to the
location of a ballot drop box and the location of additional ballot drop boxes; and
(b) a phone number that a voter may call to obtain information regarding the location
of a ballot drop box.
(5) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadline described in Subsection (2):
(i) if necessary, change the location of a ballot drop box; or
(ii) if the election officer determines that the number of ballot drop boxes is
insufficient due to the number of registered voters who are voting, designate additional ballot
drop boxes.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a ballot box or designates an additional ballot drop box location, the election officer
shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
the additional ballot drop box location:
(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) for a change in the location of a ballot drop box, at the new location and, if
possible, the old location; and
(B) for an additional ballot drop box location, at the additional ballot drop box
location.
(6) An election officer may, at any time, authorize two or more poll workers to remove
a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
Section 85. Section 
20A-5-404
 is amended to read:
20A-5-404.
Election forms -- Preparation and contents.
(1) (a) For each election, the election officer shall prepare, for each [
voting precinct, a:
(i) ballot disposition form; (ii) total votes cast form; (iii) tally sheet form; and (iv) pollbook.
]
polling place:
(i) forms for poll workers to record and verify security seals, ballots cast, and the
number of voters who voted; and
(ii) an official register or pollbook.
(b) For each election, the election officer shall:
(i) provide a copy of each form to each of those precincts using paper ballots; and
(ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
precincts using an automated voting system.
(2) The election officer shall ensure that the [
ballot disposition form contains
] 
forms
described in Subsection (1)(a)(i) include:
 (a)
 a space for the judges to identify:
[
(a)
] 
(i)
 the number of ballots voted;
[
(b) the number of substitute ballots voted, if any;
]
[
(c) the number of ballots delivered to the voters;
]
[
(d) the number of spoiled ballots;
]
[
(e)
] 
(ii)
 the number of registered voters listed in the official register 
or pollbook
; 
and
[
(f)
] 
(iii)
 the total number of voters voting according to the 
official register or
pollbook; and
(b) a certification, in substantially the following form:
"We, the undersigned, judges of an election held at ______ voting precinct, in _______
County, state of Utah, on __________(month\day\year), having first been sworn according to
law, certify that the information in this form is a true statement of the number and names of the
individuals voting in the voting precinct at the election, and that the total number of individuals
voting at the election was ____.
_____________________________
_____________________________
_____________________________
Judges of Election".
[
(g) the number of unused ballots.
]
[
(3) The election officer shall ensure that the total votes cast form contains:
]
[
(a) the name of each candidate appearing on the ballot, the office for which the
candidate is running, and a blank space for the election judges to record the number of votes
that the candidate received;
]
[
(b) for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project, the name of each candidate appearing on
the ballot, the office for which the candidate is running, and blank spaces for the election
judges to record the number of votes counted for each potential phase of the canvass;
]
[
(c) for each office, blank spaces for the election judges to record the names of write-in
candidates, if any, and a blank space for the election judges to record the number of votes that
the write-in candidate received;
]
[
(d) a heading identifying each ballot proposition and blank spaces for the election
judges to record the number of votes for and against each proposition; and
]
[
(e) a certification, in substantially the following form, to be signed by the judges when
they have completed the total votes cast form:
]
[
"TOTAL VOTES CAST
]
[
At an election held at ____ in ____ voting precinct in ____________(name of entity
holding the election) and State of Utah, on __________(month\day\year), the following named
persons received the number of votes annexed to their respective names for the following
described offices: Total number of votes cast were as follows:
]
[
Certified by us ____, ____, ____, Judges of Election."
]
[
(4) The election officer shall ensure that the tally sheet form contains:
]
[
(a) for each office, the names of the candidates for that office, and blank spaces to
tally the votes that each candidate receives;
]
[
(b) for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
Municipal Alternate Voting Methods Pilot Project, the name of each candidate for office and
blank spaces to tally the number of valid votes counted for each candidate for each potential
phase of the canvass;
]
[
(c) for each office, blank spaces for the election judges to record the names of write-in
candidates, if any, and a blank space for the election judges to tally the votes for each write-in
candidate;
]
[
(d) for each ballot proposition, a heading identifying the ballot proposition and the
words "Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of
them for the election judges to tally the ballot proposition votes; and
]
[
(e) a certification, in substantially the following form, to be signed by the judges when
they have completed the tally sheet form:
]
[
"Tally Sheet
]
[
We the undersigned election judges for voting precinct #________________,
_______________(entity holding the election) certify that this is a true and correct list of all
persons voted for and ballot propositions voted on at the election held in that voting precinct on
_______________________(date of election) and is a tally of the votes cast for each of those
persons. Certified by us ____, ____, ____, Judges of Election."
]
[
(5)
] 
(3)
 The election officer shall ensure that the 
official register or
 pollbook:
(a) identifies the voting precinct number on [
its
] 
the
 face 
of the official register or
pollbook
; and
(b) contains:
(i) a section to record [
persons
] 
individuals
 voting on election day[
, with columns
entitled "Ballot Number" and "Voter's Name"
]; 
and
[
(ii) another section in which to record absentee ballots;
]
[
(iii)
] 
(ii)
 a section in which to record voters who are challenged[
; and
]
.
[
(iv) a certification, in substantially the following form:
]
[
"We, the undersigned, judges of an election held at ______ voting precinct, in
_______ County, state of Utah, on __________(month\day\year), having first been sworn
according to law, certify that the information listed in this book is a true statement of the
number and names of the persons voting in the voting precinct at the election, and that the total
number of persons voting at the election was ____."
]
[
_____________________________
]
[
_____________________________
]
[
_____________________________
]
[
Judges of Election
]
Section 86. Section 
20A-5-405
 is amended to read:
20A-5-405.
Election officer to provide ballots.
(1) [
In jurisdictions using paper ballots, each
] 
An
 election officer shall:
(a) provide [
printed official paper
] ballots [
and absentee ballots
] for every election of
public officers in which the voters, or any of the voters, within the election officer's jurisdiction
participate;
(b) cause the name of every candidate whose nomination has been certified to or filed
with the election officer in the manner provided by law to be [
printed on each official paper
ballot and absentee
] 
included on each
 ballot;
(c) cause any ballot proposition that has qualified for the ballot as provided by law to
be [
printed on each official paper ballot and absentee
] 
included on each
 ballot;
(d) ensure that the [
official paper
] ballots are [
printed
] 
prepared
 and in the possession
of the election officer before commencement of voting;
[
(e) ensure that the absentee ballots are printed and in the possession of the election
officer with sufficient time before commencement of voting;
]
[
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
be printed on each official paper ballot and absentee ballot;
]
[
(g)
] 
(e)
 allow candidates and their agents and the sponsors of ballot propositions that
have qualified for the official ballot to inspect the [
official paper ballots and absentee
] ballots;
[
(h)
] 
(f)
 cause sample ballots to be printed that are in the same form as official [
paper
]
ballots and that contain the same information as official [
paper
] ballots but that are printed on
different colored paper than official [
paper
] ballots 
or are identified by a watermark
;
[
(i)
] 
(g)
 ensure that the sample ballots are printed and in the possession of the election
officer at least seven days before commencement of voting;
[
(j)
] 
(h)
 make the sample ballots available for public inspection by:
(i) posting a copy of the sample ballot in the election officer's office at least seven days
before commencement of voting;
(ii) mailing a copy of the sample ballot to:
(A) each candidate listed on the ballot; and
(B) the lieutenant governor;
(iii) publishing a copy of the sample ballot:
(A) except as provided in Subsection [
(5)
] 
(2)
, at least seven days before the day of the
election in a newspaper of general circulation in the jurisdiction holding the election;
(B) if there is no newspaper of general circulation in the jurisdiction holding the
election, at least seven days before the day of the election, by posting one copy of the sample
ballot, and at least one additional copy of the sample ballot per 2,000 population of the
jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
the jurisdiction; or
(C) at least 10 days before the day of the election, by mailing a copy of the sample
ballot to each registered voter who resides in the jurisdiction holding the election;
(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
in Section 
63F-1-701
, for seven days before the day of the election;
(v) in accordance with Section 
45-1-101
, publishing a copy of the sample ballot for at
least seven days before the day of the election; and
(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
seven days before the day of the election;
[
(k)
] 
(i)
 deliver at least five copies of the sample ballot to poll workers for each polling
place and direct them to post the sample ballots as required by Section 
20A-5-102
; and
[
(l)
] 
(j)
 print and deliver, at the expense of the jurisdiction conducting the election,
enough [
official paper ballots, absentee
] ballots, sample ballots, and [
instruction cards
]
instructions
 to meet the voting demands of the qualified voters in each voting precinct.
[
(2) In jurisdictions using a punch card ballot, each election officer shall:
]
[
(a) provide official ballot sheets, absentee ballot sheets, and printed official ballot
labels for every election of public officers in which the voters, or any of the voters, within the
election officer's jurisdiction participate;
]
[
(b) cause the name of every candidate who filed with the election officer in the
manner provided by law or whose nomination has been certified to the election officer to be
printed on each official ballot label;
]
[
(c) cause each ballot proposition that has qualified for the ballot as provided by law to
be printed on each official ballot label;
]
[
(d) ensure that the official ballot labels are printed and in the possession of the
election officer before the commencement of voting;
]
[
(e) ensure that the absentee ballots are printed and in the possession of the election
officer with sufficient time before commencement of voting;
]
[
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
be printed on each official ballot label and absentee ballot;
]
[
(g) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official sample ballot to inspect the official sample ballot;
]
[
(h) cause sample ballots to be printed that contain the same information as official
ballot labels but that are distinguishable from official ballot labels;
]
[
(i) ensure that the sample ballots are printed and in the possession of the election
officer at least seven days before commencement of voting;
]
[
(j) make the sample ballots available for public inspection by:
]
[
(i) posting a copy of the sample ballot in his office at least seven days before
commencement of voting;
]
[
(ii) mailing a copy of the sample ballot to:
]
[
(A) each candidate listed on the ballot; and
]
[
(B) the lieutenant governor;
]
[
(iii) publishing a copy of the sample ballot:
]
[
(A) except as provided in Subsection (5), at least seven days before the day of the
election in a newspaper of general circulation in the jurisdiction holding the election;
]
[
(B) if there is no newspaper of general circulation in the jurisdiction holding the
election, at least seven days before the day of the election, by posting one copy of the sample
ballot, and at least one additional copy of the sample ballot per 2,000 population of the
jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
the jurisdiction; or
]
[
(C) at least 10 days before the day of the election, by mailing a copy of the sample
ballot to each registered voter who resides in the jurisdiction holding the election;
]
[
(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
in Section 
63F-1-701
, for seven days before the day of the election;
]
[
(v) in accordance with Section 
45-1-101
, publishing a copy of the sample ballot for at
least seven days before the day of the election; and
]
[
(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
seven days before the day of the election;
]
[
(k) deliver at least five copies of the sample ballot to poll workers for each polling
place and direct them to post the sample ballots as required by Section 
20A-5-102
; and
]
[
(l) print and deliver official ballot sheets, official ballot labels, sample ballots, and
instruction cards at the expense of the jurisdiction conducting the election.
]
[
(3) In jurisdictions using a ballot sheet other than a punch card, each election officer
shall:
]
[
(a) provide official ballot sheets and absentee ballot sheets for every election of public
officers in which the voters, or any of the voters, within the election officer's jurisdiction
participate;
]
[
(b) cause the name of every candidate who filed with the election officer in the
manner provided by law or whose nomination has been certified to or filed with the election
officer to be printed on each official ballot and absentee ballot;
]
[
(c) cause each ballot proposition that has qualified for the ballot as provided by law to
be printed on each official ballot and absentee ballot;
]
[
(d) ensure that the official ballots are printed and in the possession of the election
officer before commencement of voting;
]
[
(e) ensure that the absentee ballots are printed and in the possession of the election
officer with sufficient time before commencement of voting;
]
[
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
be printed on each official ballot and absentee ballot;
]
[
(g) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official sample ballot to inspect the official sample ballot;
]
[
(h) cause sample ballots to be printed that contain the same information as official
ballots but that are distinguishable from the official ballots;
]
[
(i) ensure that the sample ballots are printed and in the possession of the election
officer at least seven days before commencement of voting;
]
[
(j) make the sample ballots available for public inspection by:
]
[
(i) posting a copy of the sample ballot in the election officer's office at least seven
days before commencement of voting;
]
[
(ii) mailing a copy of the sample ballot to:
]
[
(A) each candidate listed on the ballot; and
]
[
(B) the lieutenant governor;
]
[
(iii) publishing a copy of the sample ballot:
]
[
(A) except as provided in Subsection (5), at least seven days before the day of the
election in a newspaper of general circulation in the jurisdiction holding the election;
]
[
(B) if there is no newspaper of general circulation in the jurisdiction holding the
election, at least seven days before the day of the election, by posting one copy of the sample
ballot, and at least one additional copy of the sample ballot per 2,000 population of the
jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
the jurisdiction; or
]
[
(C) at least 10 days before the day of the election, by mailing a copy of the sample
ballot to each registered voter who resides in the jurisdiction holding the election;
]
[
(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
in Section 
63F-1-701
, for seven days before the day of the election;
]
[
(v) in accordance with Section 
45-1-101
, publishing a copy of the sample ballot for at
least seven days before the day of the election; and
]
[
(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
seven days before the day of the election;
]
[
(k) deliver at least five copies of the sample ballot to poll workers for each polling
place and direct them to post the sample ballots as required by Section 
20A-5-102
; and
]
[
(l) print and deliver, at the expense of the jurisdiction conducting the election, enough
official ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
demands of the qualified voters in each voting precinct.
]
[
(4) In jurisdictions using electronic ballots, each election officer shall:
]
[
(a) provide official ballots for every election of public officers in which the voters, or
any of the voters, within the election officer's jurisdiction participate;
]
[
(b) cause the name of every candidate who filed with the election officer in the
manner provided by law or whose nomination has been certified to the election officer to be
displayed on each official ballot;
]
[
(c) cause each ballot proposition that has qualified for the ballot as provided by law to
be displayed on each official ballot;
]
[
(d) ensure that the official ballots are prepared and in the possession of the election
officer before commencement of voting;
]
[
(e) ensure that the absentee ballots are prepared and in the possession of the election
officer with sufficient time before commencement of voting;
]
[
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
be printed on each official ballot and absentee ballot;
]
[
(g) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official sample ballot to inspect the official sample ballot;
]
[
(h) cause sample ballots to be printed that contain the same information as official
ballots but that are distinguishable from official ballots;
]
[
(i) ensure that the sample ballots are printed and in the possession of the election
officer at least seven days before commencement of voting;
]
[
(j) make the sample ballots available for public inspection by:
]
[
(i) posting a copy of the sample ballot in the election officer's office at least seven
days before commencement of voting;
]
[
(ii) mailing a copy of the sample ballot to:
]
[
(A) each candidate listed on the ballot; and
]
[
(B) the lieutenant governor;
]
[
(iii) publishing a copy of the sample ballot immediately before the election:
]
[
(A) except as provided in Subsection (5), at least seven days before the day of the
election in a newspaper of general circulation in the jurisdiction holding the election;
]
[
(B) if there is no newspaper of general circulation in the jurisdiction holding the
election, at least seven days before the day of the election, by posting one copy of the sample
ballot, and at least one additional copy of the sample ballot per 2,000 population of the
jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
the jurisdiction; or
]
[
(C) at least 10 days before the day of the election, by mailing a copy of the sample
ballot to each registered voter who resides in the jurisdiction holding the election;
]
[
(iv) publishing a copy of the sample ballot on the Utah Public Notice Website created
in Section 
63F-1-701
, for seven days before the day of the election;
]
[
(v) in accordance with Section 
45-1-101
, publishing a copy of the sample ballot for at
least seven days before the day of the election; and
]
[
(vi) if the jurisdiction has a website, publishing a copy of the sample ballot for at least
seven days before the day of the election;
]
[
(k) deliver at least five copies of the sample ballot to poll workers for each polling
place and direct them to post the sample ballots as required by Section 
20A-5-102
; and
]
[
(l) prepare and deliver official ballots, sample ballots, and instruction cards at the
expense of the jurisdiction conducting the election.
]
[
(5)
] 
(2)
 Instead of publishing the entire sample ballot under Subsection [
(1)(j)(iii)(A),
(2)(j)(iii)(A), (3)(j)(iii)(A), or (4)(j)(iii)(A),
] 
(1)(h)(iii)(A),
 the election officer may publish a
statement that:
(a) is entitled, "sample ballot";
(b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
upcoming [indicate type and date of election] may be obtained from the following sources:";
and
(c) specifies the following sources where an individual may view or obtain a copy of
the sample ballot:
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction's offices; and
(iii) a mailing address and telephone number.
[
(6)
] 
(3)
 (a) Each election officer shall, without delay, correct any error discovered in
any [
official paper ballot, ballot label, ballot sheet, electronic ballot, or sample
] ballot, if the
correction can be made without interfering with the timely distribution of the [
paper ballots,
ballot labels, ballot sheets, or electronic
] ballots.
(b) (i) If the election officer discovers an error or omission in a [
paper
] 
manual
 ballot,
[
ballot label, or ballot sheet,
] and it is not possible to correct the error or omission [
by
reprinting the paper ballots, ballot labels, or ballot sheets
], the election officer shall direct the
poll workers to make the necessary corrections on the [
official paper
] 
manual
 ballots[
, ballot
labels, or ballot sheets
] before [
they
] 
the ballots
 are distributed [
at the polls
].
(ii) If the election officer discovers an error or omission in an electronic ballot and it is
not possible to correct the error or omission by revising the electronic ballot, the election
officer shall direct the poll workers to post notice of each error or omission with instructions on
how to correct each error or omission in a prominent position at each polling booth.
(c) (i) If the election officer refuses or fails to correct an error or omission in [
the paper
ballots, ballot labels, ballot sheets, or electronic ballots,
] 
a ballot,
 a candidate or a candidate's
agent may file a verified petition with the district court asserting that:
(A) an error or omission has occurred in:
(I) the publication of the name or description of a candidate;
(II) the preparation or display of an electronic ballot; or
(III) in the printing of sample or official [
paper
] 
manual
 ballots[
, ballot labels, or ballot
sheets
]; and
(B) the election officer has failed to correct or provide for the correction of the error or
omission.
(ii) The district court shall issue an order requiring correction of any error in a [
paper
ballot, ballot label, ballot sheet, or electronic
] ballot or an order to show cause why the error
should not be corrected if it appears to the court that the error or omission has occurred and the
election officer has failed to correct [
it or failed to provide for its correction
] 
or provide for the
correction of the error or ommission
.
(iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
Supreme Court within five days after the [
decision of
] 
day on which
 the district court 
enters the
decision
.
Section 87. Section 
20A-5-406
 is amended to read:
20A-5-406.
Delivery of ballots.
[
(1) In elections using paper ballots or ballot sheets:
]
[
(a) Each
] 
(1) An
 election officer shall deliver 
manual
 ballots to the poll workers of
each voting precinct in [
his
] 
the election officer's
 jurisdiction in an amount sufficient to meet
voting needs during the voting period.
[
(b) The election officer shall:
]
[
(i) package and deliver the ballots to the election judges;
]
[
(ii) clearly mark the outside of the package with:
]
[
(A) the voting precinct and polling place for which it is intended; and
]
[
(B) the number of each type of ballots enclosed;
]
[
(iii) ensure that each package is delivered before commencement of voting to a poll
worker in each precinct; and
]
[
(iv) obtain a receipt for the ballots from the poll worker to whom they were delivered
that identifies the date and time when, and the manner in which, each ballot package was sent
and delivered.
]
[
(c) The election officer shall prepare substitute ballots in the form required by this
Subsection (1) if any poll worker reports that:
]
[
(i) the ballots were not delivered on time; or
]
[
(ii) after delivery, they were destroyed or stolen.
]
[
(d) The election officer shall:
]
[
(i) prepare the substitute ballots as nearly in the form prescribed for official ballots as
practicable;
]
[
(ii) cause the word "substitute" to be printed in brackets:
]
[
(A) for a ballot prepared by an election officer other than a county clerk, immediately
under the facsimile signature required by Subsection 
20A-6-401
(1)(a)(iii); or
]
[
(B) for a ballot prepared by a county clerk, immediately under the words required by
Subsection 
20A-6-301
(1)(b)(iii);
]
[
(iii) place the ballots in two separate packages, each package containing 1/2 the ballots
sent to that voting precinct; and
]
[
(iv) place a signed statement in each package certifying that the substitute ballots
found in the package were prepared and furnished by the election officer, and that the original
ballots were not received, were destroyed, or were stolen.
]
(2) [
In elections using electronic
] 
For mechanical
 ballots[
: (a) Each
]
, an
 election
officer shall:
[
(i)
] 
(a)
 deliver the voting devices and [
electronic
] 
mechanical
 ballots [
prior to the
commencement of
] 
before
 voting 
commences at the polling place
;
[
(ii)
] 
(b)
 ensure that the voting devices, equipment, and [
electronic
] 
mechanical
 ballots
are properly secured before commencement of voting; [
and
]
[
(iii)
] 
(c)
 when [
electronic
] 
mechanical
 ballots or voting devices containing [
electronic
]
mechanical
 ballots are delivered to a [
poll worker, obtain a receipt from the poll worker to
whom they were delivered that identifies: (A) the name of the poll worker receiving delivery;
and (B) the date and time when the ballots or voting devices containing the electronic ballots
were delivered. (b) The election officer shall
] 
polling location, ensure that security procedures,
developed by the election officer, are followed to document chain of custody and to prevent
unauthorized access; and
(d)
 repair or provide substitute voting devices, equipment, or electronic ballots, if
available, if any poll worker reports that:
(i) the voting devices or equipment were not delivered on time;
(ii) the voting devices or equipment do not contain the appropriate electronic ballot
information;
(iii) the safety devices on the voting devices, equipment, or electronic ballots appear to
have been tampered with;
(iv) the voting devices or equipment do not appear to be functioning properly; or
(v) after delivery, the voting devices, equipment, or electronic ballots were destroyed
or stolen.
[
(c) If the election officer is unable to prepare and provide substitute voting devices,
equipment, or electronic ballots, the election officer may elect to provide paper ballots or ballot
sheets according to the requirements of Subsection (1).
]
Section 88. Section 
20A-5-407
 is amended to read:
20A-5-407.
Election officer to provide ballot boxes.
(1) Except as provided in Subsection (3), [
each
] 
an
 election officer shall:
(a) provide one ballot box with a lock and key for each polling place; and
(b) deliver the ballot boxes, locks, and keys to the polling place [
or the election judges
of each voting precinct no later than noon on the day before the election
] 
before the polls open
.
(2) [
Election officers for municipalities and local districts
] 
An election officer for a
municipality or local district
 may obtain ballot boxes from the county clerk's office.
(3) If locks and keys are unavailable, the 
election officer shall ensure that the
 ballot
box lid [
shall be
] 
is
 secured by tape.
Section 89. Section 
20A-5-408
 is amended to read:
20A-5-408.
Disposition of election returns.
(1) Each election officer shall produce the packages containing the election returns
before the board of canvassers.
(2) As soon as the returns are canvassed, the election officer shall file the [
pollbook,
lists,
] 
election returns
 and papers produced before the board as required by Section 
20A-4-202
.
Section 90. Section 
20A-5-410
, which is renumbered from Section 20A-3-304.1 is
renumbered and amended to read:
[
20A-3-304.1
].
 20A-5-410.
Election officer to provide voting history
information and status.
(1) As used in this section[
: (a) "Qualified absentee ballot application" means an
absentee ballot application filed under Section 
20A-3-304
 from a voter who the election officer
determines is eligible to receive an absentee ballot. (b) "Voting
]
, "voting
 history record" means
the information about the existence and status of absentee ballot requests required by this
section.
(2) (a) Each election officer shall maintain, in the election officer's office, a voting
history record of those voters [
that have cast a vote by:
] 
registered to vote in the election
officer's jurisdiction.
[
(i) absentee ballot; and
]
[
(ii) early voting.
]
(b) [
The
] 
Except as it relates to a voter whose voter registration record is classified as
private under Subsection 
63G-2-302
(1)(k), the
 voting history record is a public record under
Title 63G, Chapter 2, Government Records Access and Management Act.
(3) The election officer shall ensure that the voting history record for each voting
precinct contains:
(a) for [
absentee
] voting 
by mail
:
[
(i) the name and address of each person who has filed a qualified absentee ballot
application;
]
[
(ii) the date that the application was received; and
]
[
(iii) the current status of each qualified absentee ballot application including
specifically:
]
[
(A)
] 
(i)
 the date that the [
absentee
] 
manual
 ballot was mailed to the voter; and
[
(B)
] 
(ii)
 the date that the voted [
absentee
] 
manual
 ballot was received by the election
officer; [
and
]
(b) for early voting:
(i) the name and address of each [
person who has voted during the early voting period
]
individual who participated in early voting
; and
(ii) the date the [
person's vote was cast.
] 
individual voted; and
(c) for voting on election day, the name and address of each individual who voted on
election day.
(4) (a) Notwithstanding the time limits for response to a request for records under
Section 
63G-2-204
 or the time limits for a request for records established in any ordinance, the
election officer shall ensure that the information required by this section is recorded and made
available to the public no later than one business day after its receipt in the election officer's
office.
(b) Notwithstanding the fee requirements of Section 
63G-2-203
 or the fee requirements
established in any ordinance, the election officer shall make copies of the voting history record
available to the public for the actual cost of production or copying.
Section 91. Section 
20A-5-601
 is amended to read:
20A-5-601.
Appointment of poll workers in elections where candidates are
distinguished by registered political parties.
(1) (a) [
By
] 
This section governs appointment of poll workers in elections where
candidates are distinguished by registered political parties.
(b) On or before
 March 1 of each even-numbered year, [
each county clerk
] 
an election
officer
 shall provide to the county chair of each registered political party a list of the number of
poll workers that the party must nominate for each [
voting precinct
] 
polling place
.
[
(b) (i)
] 
(c)
 [
By
] 
On or before
 April 1 of each even-numbered year, the county chair
and secretary of each registered political party shall file a list with the [
county clerk containing,
for each voting precinct,
] 
election officer containing
 the names of individuals in the county
who are willing to serve as poll workers, who are qualified to serve as poll workers in
accordance with this section, and who are competent and trustworthy.
[
(ii)
] 
(d)
 The county chair and secretary shall submit[
, for each voting precinct,
] names
equal in number to the number required by the [
county clerk
] 
election officer,
 plus one.
(2) Each [
county legislative body
] 
election officer
 shall provide for the appointment of
individuals to serve as poll workers at [
the regular primary election, the regular general
election, the presidential primary election, and a statewide or countywide special
] 
each
election.
(3) 
(a)
 For [
regular general elections and statewide or countywide special elections
]
each election
, each [
county legislative body
] 
election officer
 shall provide for the appointment
of[
: (a) (i)
] 
at least
 three registered voters, or one individual who is 16 or 17 years of age and
two registered voters, one of whom is at least 21 years of age, from the list to serve as 
poll
workers
 [
receiving judges for each voting precinct when ballots will be counted after the polls
close; or
]
.
(b) An election officer may appoint additional poll workers, as needed.
[
(ii) three registered voters, or one individual who is 16 or 17 years of age and two
registered voters, one of whom is at least 21 years of age, from the list to serve as receiving
judges in each voting precinct and three registered voters from the list to serve as counting
judges in each voting precinct when ballots will be counted throughout election day; and
]
[
(b) three registered voters from the list for each 100 absentee ballots to be counted to
serve as canvassing judges.
]
[
(4) For each precinct in which ballots are counted after the polls close in a regular
primary election or presidential primary election, each county legislative body shall provide for
the appointment of two or three individuals from the list to serve as receiving judges:
]
[
(a) each of whom is a registered voter; or
]
[
(b) (i) the first of whom is a registered voter and is at least 21 years of age;
]
[
(ii) the second of whom is 16 or 17 years of age; and
]
[
(iii) if three individuals are appointed, the third of whom is a registered voter.
]
[
(5) For each precinct in which ballots are counted throughout election day in a regular
primary election or presidential primary election, each county legislative body shall provide for
the appointment of:
]
[
(a) two or three individuals from the list to serve as receiving judges:
]
[
(i) each of whom is a registered voter; or
]
[
(ii) (A) the first of whom is a registered voter and is at least 21 years of age;
]
[
(B) the second of whom is 16 or 17 years of age; and
]
[
(C) if three individuals are appointed, the third of whom is a registered voter; and
]
[
(b) two or three individuals from the list to serve as counting judges:
]
[
(i) each of whom is a registered voter; or
]
[
(ii) (A) one of whom is 17 years of age and will be 18 years of age by the date of the
next regular general election; and
]
[
(B) each of the rest of whom is a registered voter; and
]
[
(c) two or three registered voters, or one or two registered voters and one individual
years of age who will be 18 years of age by the date of the next regular general election,
from the list for each 100 absentee ballots to be counted to serve as canvassing judges.
]
[
(6) Each county legislative body may provide for the appointment of:
]
[
(a) three registered voters from the list to serve as inspecting judges at the regular
general election, or a statewide or countywide special election, to observe the clerk's receipt
and deposit of the ballots for safekeeping; and
]
[
(b) two or three registered voters, or one or two registered voters and one individual
years of age who will be 18 years of age by the date of the next regular general election,
from the list to serve as inspecting judges at the regular primary election to observe the clerk's
receipt and deposit of the ballots for safekeeping.
]
[
(7) (a)
] 
(4)
 For each set of three [
counting or receiving judges to be appointed for each
voting precinct for the regular primary election, the regular general election, the presidential
primary election, or a statewide or countywide special
] 
poll workers appointed for a polling
place for an
 election, the [
county legislative body
] 
election officer
 shall ensure that:
[
(i)
] 
(a)
 two [
judges
] 
poll workers
 are appointed from the political party that cast the
highest number of votes for governor, lieutenant governor, attorney general, state auditor, and
state treasurer, excluding votes for unopposed candidates, in the [
voting precinct
] 
jurisdiction
holding the election
 at the last regular general election before the appointment of the [
election
judges
] 
poll workers
; and
[
(ii)
] 
(b)
 one [
judge
] 
poll worker
 is appointed from the political party that cast the
second highest number of votes for governor, lieutenant governor, attorney general, state
auditor, and state treasurer, excluding votes for unopposed candidates, in the [
voting precinct
]
county, city, or local district, as applicable,
 at the last regular general election before the
appointment of the [
election judges
] 
poll workers
.
[
(b) For each set of two counting or receiving judges to be appointed for each voting
precinct for the regular primary election and the presidential primary election, the county
legislative body shall ensure that:
]
[
(i) one judge is appointed from the political party that cast the highest number of votes
for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
votes for unopposed candidates, in the voting precinct at the last regular general election before
the appointment of the election judges; and
]
[
(ii) one judge is appointed from the political party that cast the second highest number
of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
excluding votes for unopposed candidates, in the voting precinct at the last regular general
election before the appointment of the election judges.
]
[
(8) When the voting precinct boundaries have been changed since the last regular
general election, the county legislative body shall ensure that:
]
[
(a) for the regular primary election and the presidential primary election, when the
county legislative body is using three receiving, counting, and canvassing judges, and regular
general election, not more than two of the judges are selected from the political party that cast
the highest number of votes for the offices of governor, lieutenant governor, attorney general,
state auditor, and state treasurer in the territory that formed the voting precinct at the time of
appointment; and
]
[
(b) for the regular primary election and the presidential primary election, when the
county legislative body is using two receiving, counting, and canvassing judges, not more than
one of the judges is selected from the political party that cast the highest number of votes for
the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer
in the territory that formed the voting precinct at the time of appointment.
]
[
(9)
] 
(5)
 The [
county legislative body
] 
election officer
 shall provide for the
appointment of any qualified county voter as [
an election judge
] 
a poll worker
 when:
(a) a political party fails to file the poll worker list by the filing deadline; or
(b) the list is incomplete.
[
(10)
] 
(6)
 A registered voter of the county may serve as a poll worker [
in any voting
precinct of
] 
at any polling location in
 the county
, municipality, or district, as applicable
.
[
(11)
] 
(7)
 [
A county legislative body
] 
An election officer
 may not appoint a candidate's
parent, sibling, spouse, child, mother-in-law, father-in-law, sister-in-law, brother-in-law,
daughter-in-law, or son-in-law to serve as a poll worker in a [
precinct
] 
polling place
 where the
candidate appears on the ballot.
[
(12) If an individual serves as a poll worker outside the voting precinct where the
individual is registered, that individual may vote an absentee voter ballot.
]
[
(13)
] 
(8)
 The [
county clerk
] 
election officer
 shall fill all poll worker vacancies.
[
(14)
] 
(9)
 If a conflict arises over the right to certify the poll worker lists for any
political party, the [
county legislative body
] 
election officer
 may decide between conflicting
lists, but may only select names from a properly submitted list.
[
(15)
] 
(10)
 The [
county legislative body
] 
clerk
 shall establish compensation for poll
workers.
[
(16)
] 
(11)
 The [
county clerk
] 
election officer
 may appoint additional poll workers to
serve in the polling place as needed.
Section 92. Section 
20A-5-602
 is amended to read:
20A-5-602.
Appointment of poll workers in elections where candidates are not
distinguished by registered political parties.
(1) (a) This section governs appointment of poll workers in elections where candidates
are not distinguished by registered political parties.
[
(1)
] 
(b)
 [
A county legislative body, a municipal legislative body, or a local district
board appointing, or providing for the appointment of, a poll worker for a local election under
this section
] 
An election officer
 shall appoint the poll worker at least 15 days before the date of
the local election.
(2) 
(a)
 [
For each precinct that uses a paper ballot, and where the ballots are counted
after the polls close, the county legislative body, the municipal legislative body, or the local
district board
] 
The election officer
 shall appoint, or provide for the appointment of, [
three
individuals who reside within the county to serve as poll workers
] 
at least three poll workers as
follows
:
(i) three registered voters; or
(ii) two registered voters, one of whom is at least 21 years old, and one individual who
is 16 or 17 years old.
(b) The election officer may appoint additional poll workers to serve in the polling
place as needed.
[
(a) each of whom is a registered voter; or
]
[
(b) (i) the first of whom is a registered voter;
]
[
(ii) the second of whom is a registered voter and is at least 21 years of age; and
]
[
(iii) the third of whom is 16 or 17 years of age.
]
[
(3) For each precinct that uses a paper ballot, and where the ballots are counted
throughout the day, the county legislative body, the municipal legislative body, or the local
district board shall appoint, or provide for the appointment of:
]
[
(a) three individuals who reside within the county to serve as receiving judges:
]
[
(i) each of whom is a registered voter; or
]
[
(ii) (A) the first of whom is a registered voter;
]
[
(B) the second of whom is a registered voter and is at least 21 years of age; and
]
[
(C) the third of whom is 16 or 17 years of age; and
]
[
(b) three individuals who reside within the county to serve as counting judges:
]
[
(i) each of whom is a registered voter; or
]
[
(ii) (A) one of whom is 17 years of age and will be 18 years of age by the date of the
next local election; and
]
[
(B) each of the rest of whom is a registered voter.
]
[
(4) For each precinct using automated tabulating equipment, the county legislative
body, the municipal legislative body, or the local district board shall appoint, or provide for the
appointment of, three individuals who reside within the county to serve as poll workers:
]
[
(a) each of whom is a registered voter; or
]
[
(b) (i) the first of whom is a registered voter;
]
[
(ii) the second of whom is a registered voter and is at least 21 years of age; and
]
[
(iii) the third of whom is 16 or 17 years of age.
]
[
(5) For each precinct using voting machines, the county legislative body, the
municipal legislative body, or the local district board shall appoint, or provide for the
appointment of, four individuals who reside within the county to serve as poll workers:
]
[
(a) each of whom is a registered voter; or
]
[
(b) (i) the first of whom is a registered voter and is at least 21 years of age;
]
[
(ii) the second of whom is 16 or 17 years of age; and
]
[
(iii) each of the rest of whom is a registered voter.
]
[
(6) In all jurisdictions, the county legislative body, the municipal legislative body, or
the local district board shall appoint, or provide for the appointment of:
]
[
(a) at least one registered voter who resides within the county to serve as canvassing
judge, if necessary; and
]
[
(b) as many alternate poll workers as needed to replace appointed poll workers who
are unable to serve.
]
[
(7)
] 
(3)
 The [
county legislative body, the municipal legislative body, and the local
district board
] 
election officer
 may not appoint any candidate's parent, sibling, spouse, child,
mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law to
serve as a poll worker [
in a precinct
] 
at a polling place
 where the candidate appears on the
ballot.
[
(8) The clerk shall:
]
[
(a) prepare and file a list containing the name, address, voting precinct, and telephone
number of each individual appointed; and
]
[
(b) make the list available in the clerk's office for inspection, examination, and
copying during business hours.
]
[
(9)
] 
(4)
 (a) The [
county legislative body, the municipal legislative body, and the local
district board
] 
clerk
 shall compensate poll workers for their services.
(b) The [
municipal legislative body and local district board
] 
clerk of a municipality or
local district
 may not compensate [
their
] poll workers at a rate higher than that paid by the
county to [
its
] 
the county's
 poll workers.
Section 93. Section 
20A-5-603
 is amended to read:
20A-5-603.
Vacancies -- Removal of poll workers.
(1) (a) If a poll worker or alternate is unable to serve, that poll worker or alternate shall
immediately notify the election officer, who shall fill the vacancy as provided in this section.
(b) The election officer may fill a vacancy occurring under this section by appointing
the alternate to serve or, if that is impossible, by appointing some other qualified person to fill
the vacancy.
(2) The election officer shall summarily remove any poll worker who:
(a) neglects [
his
] 
the poll worker's
 duty;
(b) commits or encourages fraud in connection with any election;
(c) violates any election law;
(d) knowingly permits any person to violate any election law;
(e) has been convicted of a felony;
(f) commits any act that interferes or tends to interfere with a fair and honest election;
or
(g) is incapable of performing the duties of a poll worker.
Section 94. Section 
20A-5-605
 is amended to read:
20A-5-605.
Duties of poll workers.
(1) Poll workers shall:
(a) arrive at the polling place at a time determined by the election officer; and
(b) remain until the official election returns are prepared for delivery.
(2) The election officer may designate[
:
] 
the title and duties of each poll worker.
[
(a) certain poll workers to act as election judges;
]
[
(b) an election judge to act as the presiding election judge; and
]
[
(c) certain poll workers to act as clerks.
]
(3) Upon [
their arrival
] 
arriving
 to open the polls, the poll workers shall:
[
(a) if the election officer has not designated which poll workers at a polling place are
assigned to act as election judges, as presiding election judge, or as clerks:
]
[
(i) designate two poll workers to act as election judges as necessary;
]
[
(ii) determine which election judge shall preside as necessary; and
]
[
(iii) determine which poll workers shall act as clerks as necessary;
]
[
(b) select two or more of their number to deliver the election returns to the election
officer or to the place that the election officer designates;
]
[
(c)
] 
(a)
 display the United States flag;
[
(d)
] 
(b)
 examine the voting devices to see that they are in proper working order and
that security devices have not been tampered with;
[
(e)
] 
(c)
 place the voting devices, voting booths, and the ballot box in plain view of
those poll workers and watchers that are present;
[
(f) for paper ballots and ballot sheets, open the ballot packages in the presence of all
the poll workers;
]
[
(g)
] 
(d)
 check the ballots, supplies, records, and forms;
[
(h)
] 
(e)
 if directed [
to do so
] by the election officer:
(i) make any necessary corrections to the official ballots before [
they
] 
the ballots
 are
distributed at the polls; and
(ii) post any necessary notice of errors in [
electronic
] ballots before voting commences;
[
(i)
] 
(iii)
 post the sample ballots, instructions to voters, and constitutional amendments,
if any; [
and
]
[
(j)
] 
(f)
 open the ballot box in the presence of those assembled, turn [
it
] 
the ballot box
upside down to empty [
it
] 
the ballot box
 of anything[
, and then,
]
; and
(g)
 immediately before 
the
 polls open, lock [
it,
] 
the ballot box
 or
,
 if locks and keys are
not available, tape [
it
] 
the ballot box
 securely.
(4) (a) If any poll worker fails to appear on the morning of the election, or fails or
refuses to act:
(i) at least six qualified electors [
from the voting precinct
] who are present at the
polling place at the hour designated by law for the opening of the polls shall fill the vacancy by
appointing another qualified [
person
] 
individual
 from the voting precinct who is a member of
the same political party as the poll worker who is being replaced to act as a poll worker; or
(ii) the election officer shall appoint a qualified [
person
] 
individual
 to act as a poll
worker.
(b) If a majority of the poll workers are present, [
they
] 
the poll workers
 shall open the
polls, even though a poll worker has not arrived.
(5) (a) If it is impossible or inconvenient to hold an election at the polling place
designated, the poll workers, after having assembled at or as near as practicable to the
designated place, and before receiving any vote, may move to the nearest convenient place for
holding the election.
(b) If the poll workers move to a new polling place, [
they
] 
the poll workers
 shall
display a proclamation of the change and station a peace officer or some other proper [
person
]
individual
 at the original polling place to notify voters of the location of the new polling place.
[
(6) If the poll workers who receive delivery of the ballots produce packages of
substitute ballots accompanied by a written and sworn statement of the election officer that the
ballots are substitute ballots because the original ballots were not received, were destroyed, or
were stolen, the poll workers shall use those substitute ballots as the official election ballots.
]
[
(7)
] 
(6)
 If, for any reason, [
none of
] the official [
or substitute
] ballots are 
not
 ready for
distribution at a polling place or, if the supply of ballots is exhausted before the polls are
closed, the poll workers may use unofficial ballots, made as nearly as possible in the form of
the official ballot, until [
substitutes prepared by the election officer are printed and delivered
]
the election officer provides additional ballots
.
[
(8)
] 
(7)
 When it is time to open the polls, one of the poll workers shall announce that
the polls are open as required by Section 
20A-1-302
, or in the case of early voting, Section
[
20A-3-602
] 
20A-3a-602
.
[
(9)
] 
(8)
 (a) The poll workers shall comply with the voting procedures and
requirements of Chapter 3, Voting, in allowing people to vote.
(b) The poll workers may not allow [
any person
] 
an individual
, other than election
officials and those admitted to vote, within six feet of voting devices, voting booths, [
and
] 
or
the ballot box.
(c) Besides the poll workers and watchers, the poll workers may not allow more than
four voters in excess of the number of voting booths provided within six feet of voting devices,
voting booths, [
and
] 
or
 the ballot box.
(d) If necessary, the poll workers shall instruct each voter [
about
] 
permitted to use a
voting device
 how to operate the voting device before the voter enters the voting booth.
(e) (i) If the voter requests additional instructions after entering the voting booth, two
poll workers may, if necessary, enter the booth and give the voter additional instructions.
(ii) In regular general elections and regular primary elections, the two poll workers who
enter the voting booth to assist the voter shall be of different political parties.
Section 95. Section 
20A-5-801
 is amended to read:
20A-5-801.
Definitions.
As used in this part:
(1) "New voting equipment system" means voting equipment that is operated in a
materially different way or that functions in a materially different way than the equipment
being replaced.
(2) "Voting equipment" means the following equipment used for an election:
(a) automatic tabulating equipment;
[
(b) an electronic voting system;
]
[
(c)
] 
(b)
 a voting device; or
[
(d)
] 
(c)
 a voting machine.
Section 96. Section 
20A-5-804
 is amended to read:
20A-5-804.
Voting Equipment Grant Program -- Qualifications for receipt --
Matching funds -- Acceptable uses.
(1) As used in this section:
(a) "Program" means the Voting Equipment Grant Program created in this section.
(b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
(i) the total amount of funds appropriated by the Legislature to the program; and
(ii) the quotient of:
(A) the total number of active voters in a county; and
(B) the total number of registered voters in the state.
(2) (a) There is created the Voting Equipment Grant Program as a grant program to
assist counties in purchasing new voting equipment systems.
(b) The lieutenant governor shall administer the program using funds appropriated by
the Legislature for the purpose of administering the program.
(3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
Lieutenant Governor to participate in and receive funds from the program.
(b) A proposal described in Subsection (3)(a) shall:
(i) describe the current condition of the voting equipment used by the county;
(ii) describe the county's need for a new voting equipment system;
(iii) describe how the county plans to comply with the requirements described in
Subsection (4), including:
(A) a description of how the county plans to provide the matching funds described in
Subsection (4)(b) if the proposal is accepted; and
(B) a schedule by which the requirements will be met; and
(iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
system.
(4) A county that receives funds through a program grant:
(a) shall use the funds to purchase a new voting equipment system that:
(i) meets the requirements of Section 
20A-5-802
;
(ii) creates a secure and auditable paper record of each vote; and
(iii) complies with any additional binding requirement made under Subsection
20A-5-803
(8) by the Voting Equipment Selection Committee;
(b) shall, for the purpose of purchasing a new voting equipment system, appropriate
matching funds equal to or greater than the difference of:
(i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
governor accepts under Subsection (6)(b); and
(ii) the amount the lieutenant governor is required to disburse to the county under
Subsection (7)(a);
(c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
(d) except as provided in Subsection (5), may not, after using a new voting equipment
system in an election that was purchased under this section, use voting equipment that does not
meet the requirements described in Subsection (4)(a); and
(e) shall purchase a new voting equipment system described under Subsection (4)(a)
that provides the best value to the county with consideration for the new voting equipment
system's:
(i) cost of maintenance;
(ii) estimated operational lifetime; and
(iii) cost of replacement.
(5) A county that receives funds through the program may use voting equipment that
does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
(a) to the extent that using the voting equipment is necessary to accommodate a person
with a disability in accordance with the requirements described in Subsection
[
20A-3-302
(6)(b), 
20A-3-603
(1)(c)
] 
20A-3a-202
(8)(b), 
20A-3a-603
(1)(c)
, 
20A-5-303
(8), or
20A-5-403
(2)(b)(iii); or
(b) if the county purchased the voting equipment before receiving grant funds under
Subsection (7)(a).
(6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
shall:
(a) review the proposal to ensure that:
(i) the proposal complies with the requirements described in Subsection (3); and
(ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
(b) (i) if the proposal complies with the requirements described in Subsection (3), the
cost estimate appears to be reasonably accurate, and sufficient program funds are available:
(A) accept the proposal;
(B) notify the county clerk of the county that submitted the proposal that the proposal
is accepted;
(C) notify the county clerk of the requirements described in Subsection (7); and
(D) disburse the funds described in Subsection (7)(a), in accordance with the
requirements described in Subsection (7)(b), to the county that submitted the proposal; or
(ii) if the proposal does not comply with the requirements described in Subsection (3),
the cost estimate does not appear to be reasonable, or sufficient program funds are not
available:
(A) reject the proposal; and
(B) notify the county clerk of the county that submitted the proposal that the proposal
is rejected, indicating the reason that the proposal is rejected.
(7) The lieutenant governor:
(a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
(i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
lieutenant governor accepts under Subsection (6)(b); or
(ii) the proportional reimbursement rate; and
(b) may not disburse funds under Subsection (6)(b)(i)(D):
(i) until the county appropriates the matching funds described in Subsection (4)(b); or
(ii) if the disbursement would cause the county's total receipt of funds from the
program to exceed the proportional reimbursement rate.
Section 97. Section 
20A-6-101
 is amended to read:
20A-6-101.
General requirements for manual ballots.
(1) [
Each
] 
An
 election officer shall ensure that [
paper
] 
manual
 ballots:
(a) are printed using precisely the same quality and tint of plain white paper through
which the printing or writing cannot be seen;
(b) are printed using precisely the same quality and kind of type;
(c) are printed using precisely the same quality and tint of plain black ink;
(d) are uniform in size for all the voting precincts within the election officer's
jurisdiction; and
(e) include, on a ticket for a race in which a voter is authorized to cast a write-in vote
and in which a write-in candidate is qualified under Section 
20A-9-601
, a 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 98. Section 
20A-6-102
 is amended to read:
20A-6-102.
General requirements for machine counted ballots.
(1) [
Each
] 
An
 election officer shall ensure that ballots [
and ballot labels
] are printed:
(a) to a size and arrangement that fits the construction of the [
voting
] 
ballot counting
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 ballot sheets are of a size, design, and stock
suitable for processing by automatic data processing machines.
]
[
(3)
] 
(2)
 For a race in which a voter is authorized to cast a write-in vote and in which a
write-in candidate is qualified under Section 
20A-9-601
, the election officer shall include a
space on the ticket for a write-in candidate immediately following the last candidate listed on
that ticket.
[
(4)
] 
(3)
 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 99. Section 
20A-6-105
 is amended to read:
20A-6-105.
Provisional ballot envelopes.
(1) Each election officer shall ensure that provisional ballot envelopes are printed in
substantially the following form:
"AFFIRMATION
Are you a citizen of the United States of America? Yes No
Will you be 18 years old on or before election day? Yes No
If you checked "no" in response to either of the two above questions, do not complete this
form.
Name of Voter _________________________________________________________
First Middle Last
Driver License or Identification Card Number _________________________________
State of Issuance of Driver License or Identification Card Number _________________
Date of Birth ___________________________________________________________
Street Address of Principal Place of Residence
______________________________________________________________________
City County State Zip Code
Telephone Number (optional) ______________________________________________
Last four digits of Social Security Number ____________________________
Last former address at which I was registered to vote (if known)
______________________________________________________________________
City County State Zip Code
Voting Precinct (if known)
_________________________________________________
I, (please print your full name)__________________________do solemnly swear or
affirm:
That I am eligible to vote in this election; that I have not voted in this election in any
other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
vote in this precinct; and
Subject to penalty of law for false statements, that the information contained in this
form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
above address; and that I am at least 18 years old and have resided in Utah for the 30 days
immediately before this election.
Signed ______________________________________________________________________
Dated ______________________________________________________________________
In accordance with Section [
20A-3-506
] 
20A-3a-506
, wilfully providing false
information above is a class B misdemeanor under Utah law and is punishable by
imprisonment and by fine."
"The portion of your voter registration form that lists your driver license or
identification card number, social security number, and email address, and the day of your
month of birth, is a private record. The portion of your voter registration form that lists your
month and year of birth is a private record, the use of which is restricted to government
officials, government employees, political parties, or certain other persons.
You may apply to the lieutenant governor or your county clerk to have your entire voter
registration record classified as private."
"CITIZENSHIP AFFIDAVIT
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and
correct.
____________________________
Signature of Applicant
In accordance with Section 
20A-2-401
, the penalty for willfully causing, procuring, or
allowing yourself to be registered to vote if you know you are not entitled to register to vote is
up to one year in jail and a fine of up to $2,500."
.
(2) The provisional ballot envelope shall include:
(a) a unique number;
(b) a detachable part that includes the unique number; and
(c) a telephone number, internet address, or other indicator of a means, in accordance
with Section 
20A-6-105.5
, where the voter can find out if the provisional ballot was counted.
Section 100. Section 
20A-6-203
 is amended to read:
20A-6-203.
Ballots for regular primary elections.
(1) The lieutenant governor, together with county clerks, suppliers of election
materials, and representatives of registered political parties, shall:
(a) develop [
paper ballots, ballot labels, ballot sheets, and electronic
] ballots to be used
in Utah's regular primary election;
(b) ensure that the [
paper ballots, ballot labels, ballot sheets, and electronic
] ballots
comply generally, where applicable, with the requirements of Title 20A, Chapter 6, Part 1,
General Requirements for All Ballots, and this section; and
(c) provide voting booths, election records and supplies, ballot boxes, and as
applicable, voting devices, for each voting precinct as required by Section 
20A-5-403
.
(2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A,
Chapter 6, Part 1, General Requirements for All Ballots, and Sections 
20A-5-403
, 
20A-6-401
,
and 
20A-6-401.1
, the lieutenant governor, together with county clerks, suppliers of election
materials, and representatives of registered political parties shall ensure that the [
paper ballots,
ballot labels, ballot sheets, electronic
] ballots, [
and
] voting booths, election records and
supplies, and ballot boxes:
(i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
voters are authorized to vote for a party's candidate;
(ii) simplify the task of poll workers, particularly in determining a voter's party
affiliation;
(iii) minimize the possibility of spoiled ballots due to voter confusion; and
(iv) protect against fraud.
(b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
county clerks, suppliers of election materials, and representatives of registered political parties
shall:
(i) mark[
, prepunch, or otherwise identify
] ballots [
and ballot sheets
] as being for a
particular registered political party; and
(ii) instruct [
persons
] 
individuals
 counting the ballots to count only those votes for
candidates from the registered political party whose ballot the voter received.
Section 101. Section 
20A-6-301
 is amended to read:
20A-6-301.
Manual ballots -- Regular general election.
(1) Each election officer shall ensure that:
(a) all [
paper
] 
manual
 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) [
immediately below the perforated ballot stub
] 
at the top of the ballot
, 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 "
certified by the
 Clerk of __________ County" or, as applicable, the
name of a combined office that includes the duties of a county clerk;
(c) the party name or title is printed in capital letters not less than one-fourth of an inch
high;
(d) 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 with
the other candidates for the same office in accordance with Section 
20A-6-305
, without a party
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.";
(e) each ticket containing the lists of candidates, including the party name and device,
are separated by heavy parallel lines;
(f) the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(g) 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
(h) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
which a write-in candidate is qualified under Section 
20A-9-601
:
(i) the ballot includes a space for a write-in candidate immediately following the last
candidate listed on that ticket; or
(ii) for the offices of president and vice president and governor and lieutenant
governor, 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.
(2) [
Each
] 
An
 election officer shall ensure that:
(a) each [
person
] 
individual
 nominated by any registered political party under
Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5), and no other [
person
] 
individual
, is
placed on the ballot:
(i) under the registered political party's name, 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) 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) 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 102. Section 
20A-6-302
 is amended to read:
20A-6-302.
Manual ballots -- Placement of candidates' names.
(1) [
Each
] 
An
 election officer shall ensure, for [
paper
] 
manual
 ballots in regular
general elections, that:
(a) each candidate is listed by party, if nominated by a registered political party under
Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5);
(b) candidates' surnames are listed in alphabetical order on the ballots when two or
more candidates' names are required to be listed on a ticket under the title of an office; and
(c) the names of candidates are placed on the ballot in the order specified under Section
20A-6-305
.
(2) (a) When there is only one candidate for county attorney at the regular general
election in counties that have three or fewer registered voters of the county who are licensed
active members in good standing of the Utah State Bar, the county clerk shall cause that
candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
with the following question: "Shall (name of candidate) be elected to the office of county
attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of county attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the end of the
term resulting from any prior election or appointment.
(d) When the name of only one candidate for county attorney is printed on the ballot
under authority of this Subsection (2), the county clerk may not count any write-in votes
received for the office of county attorney.
(e) If no qualified [
person
] 
individual
 files for the office of county attorney or if the
candidate is not elected by the voters, the county legislative body shall appoint the county
attorney as provided in Section 
20A-1-509.2
.
(f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
two consecutive terms immediately preceding the term for which the candidate is seeking
election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
unopposed candidate the same as any other unopposed candidate for another office, unless a
petition is filed with the county clerk before 5 p.m. no later than one day before that year's
primary election that:
(i) requests the procedure set forth in Subsection (2)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number at
least 25% of all votes cast in the county for all candidates for governor at the last election at
which a governor was elected.
(3) (a) When there is only one candidate for district attorney at the regular general
election in a prosecution district that has three or fewer registered voters of the district who are
licensed active members in good standing of the Utah State Bar, the county clerk shall cause
that candidate's name and party affiliation, if any, to be placed on a separate section of the
ballot with the following question: "Shall (name of candidate) be elected to the office of district
attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of district attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the end of the
term resulting from any prior election or appointment.
(d) When the name of only one candidate for district attorney is printed on the ballot
under authority of this Subsection (3), the county clerk may not count any write-in votes
received for the office of district attorney.
(e) If no qualified [
person
] 
individual
 files for the office of district attorney, or if the
only candidate is not elected by the voters under this subsection, the county legislative body
shall appoint a new district attorney for a four-year term as provided in Section 
20A-1-509.2
.
(f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
two consecutive terms immediately preceding the term for which the candidate is seeking
election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
unopposed candidate the same as any other unopposed candidate for another office, unless a
petition is filed with the county clerk before 5 p.m. no later than one day before that year's
primary election that:
(i) requests the procedure set forth in Subsection (3)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number at
least 25% of all votes cast in the county for all candidates for governor at the last election at
which a governor was elected.
Section 103. Section 
20A-6-304
 is amended to read:
20A-6-304.
Regular general election -- Mechanical ballots.
(1) Each election officer shall ensure that:
(a) the format and content of [
the electronic
] 
a mechanical
 ballot is arranged in
approximately the same order as [
paper
] 
manual
 ballots;
(b) the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate [
display screens
] 
displays
;
(c) the [
electronic
] 
mechanical
 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) 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;
(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
(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 104. Section 
20A-6-401
 is amended to read:
20A-6-401.
Ballots for municipal primary elections.
(1) Each election officer shall ensure that:
(a) the following endorsements are printed in 18 point bold type:
(i) "Official Primary Ballot for ____ (City, Town, or Metro Township), Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the election officer and the election officer's title in
eight point type;
(b) immediately below the election officer's title, two one-point parallel horizontal
rules separate endorsements from the rest of the ballot;
(c) immediately below the horizontal rules, an "Instructions to Voters" section is
printed in 10 point bold type that states: "To vote for a candidate, [
place a cross (X) in the
square
] 
mark the space
 following the name(s) of the person(s) you favor as the candidate(s) for
each respective office." followed by two one-point parallel rules;
(d) after the rules, the designation of the office for which the candidates seek
nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
(e) after the hair-line rule, the names of the candidates are printed in heavy face type
between lines or rules three-eighths inch apart, in the order specified under Section 
20A-6-305
with surnames last and grouped according to the office that they seek;
(f) a square with sides not less than one-fourth inch long is printed immediately
adjacent to the names of the candidates; and
(g) the candidate groups are separated from each other by one light and one heavy line
or rule.
(2) A municipal primary ballot may not contain any space for write-in votes.
Section 105. Section 
20A-6-401.1
 is amended to read:
20A-6-401.1.
Ballots for partisan municipal primary elections.
[
(1) If a municipality is using paper ballots, each
]
(1) An
 election officer shall ensure that:
(a) all [
paper
] 
manual
 ballots furnished for use at the regular primary election:
(i) separate the candidates of one political party from those of the other political
parties; and
(ii) contain no captions or other endorsements except as provided in this section;
(b) the names of all candidates from each party are listed on the same ballot in one or
more columns under their party name and emblem;
(c) the political parties are printed on the ballot in the order specified under Section
20A-6-305
;
(d) the following endorsements are printed in 18-point bold type:
(i) "Official Primary Ballot for ____ (name of municipality), Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the [
municipal clerk or recorder and the words "
municipal clerk" or "municipal recorder"
] 
election officer and the election officer's title in eight
point type
;
(e) after the facsimile signature, the political party emblem and the name of the
political party are printed;
(f) after the party name and emblem, the ballot contains the following printed in not
smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote for a
candidate, [
place a cross (X) in the square immediately adjacent to
] 
mark the space following
the name of the person for whom you wish to vote and in no other place. Do not vote for any
candidate listed under more than one party or group designation.", followed by two one-point
parallel horizontal rules;
(g) after the rules, the designation of the office for which the candidates seek
nomination is printed flush with the left-hand margin and the words, "Vote for one" or "Vote
for up to _____ (the number of candidates for which the voter may vote)" are printed to extend
to the extreme right of the column in 10-point bold type, followed by a hair-line rule;
(h) after the hair-line rule, the names of the candidates are printed in heavy face type
between lines or rules three-eighths inch apart, in the order specified under Section 
20A-6-305
with surnames last and grouped according to the office that they seek;
(i) a square with sides not less than one-fourth inch long is printed immediately
adjacent to the names of the candidates;
(j) the candidate groups are separated from each other by one light and one heavy line
or rule; and
(k) the nonpartisan candidates are listed as follows:
(i) immediately below the listing of the party candidates, the word "NONPARTISAN"
is printed in reverse type in an 18 point solid rule that extends the full width of the type copy of
the party listing above; and
(ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
candidate's name, the voting square, and any other necessary information is printed in the same
style and manner as for party candidates.
(2) [
(a) If a municipality is using ballot sheets or electronic
] 
For mechanical
 ballots, the
election officer may require that:
[
(i)
] 
(a)
 the ballot[
, or ballot label in the case of a punch card ballot,
] for a regular
primary election consist of several groups of pages or display screens, so that a separate group
can be used to list the names of candidates seeking nomination of each qualified political party,
with additional groups used to list candidates for other nonpartisan offices;
[
(ii)
] 
(b)
 the separate groups of pages or display screens are identified by color or other
suitable means; and
[
(iii)
] 
(c)
 the ballot [
or ballot label contain
] 
contains
 instructions that direct the voter
how to vote the ballot.
[
(b) If a municipality is using ballot sheets or electronic ballots, each election officer
shall:
]
[
(i) for municipalities using punch card ballots, ensure that the ballot label provides a
means for the voter to designate the political party in whose primary the voter is voting; and
]
[
(ii) determine the order for printing the names of the political parties on the ballot
label in accordance with Section 
20A-6-305
.
]
Section 106. Section 
20A-6-402
 is amended to read:
20A-6-402.
Ballots for municipal general elections.
(1) Except as otherwise required for a race conducted by instant runoff voting under
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, [
when using a
paper ballot
] 
for a manual ballot
 at 
a
 municipal general [
elections, each
] 
election, an
 election
officer shall ensure that:
(a) the names of the two candidates who received the highest number of votes for
mayor in the municipal primary are placed upon the ballot;
(b) if no municipal primary election was held, the names of the candidates who filed
declarations of candidacy for municipal offices are placed upon the ballot;
(c) for other offices:
(i) twice the number of candidates as there are positions to be filled are certified as
eligible for election in the municipal general election from those candidates who received the
greater number of votes in the primary election; and
(ii) the names of those candidates are placed upon the municipal general election
ballot;
(d) the names of the candidates are placed on the ballot in the order specified under
Section 
20A-6-305
;
(e) in an election in which a voter is authorized to cast a write-in vote and where a
write-in candidate is qualified under Section 
20A-9-601
, a write-in area is placed upon the
ballot that contains, for each office in which there is a qualified write-in candidate:
(i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
(ii) a square or other conforming area that is adjacent to or opposite the blank
horizontal line to enable the voter to indicate the voter's vote;
(f) ballot propositions that have qualified for the ballot, including propositions
submitted to the voters by the municipality, municipal initiatives, and municipal referenda, are
listed on the ballot in accordance with Section 
20A-6-107
; and
(g) 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
.
[
(2) Except as otherwise required for a race conducted by instant runoff voting under
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
punch card ballot at municipal general elections, each election officer shall ensure that:
]
[
(a) the following endorsements are printed in 18 point bold type:
]
[
(i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
]
[
(ii) the date of the election; and
]
[
(iii) a facsimile of the signature of the election officer and the election officer's title in
eight-point type;
]
[
(b) immediately below the election officer's title, two one-point parallel horizontal
rules separate endorsements from the rest of the ballot;
]
[
(c) immediately below the horizontal rules, an "Instructions to Voters" section is
printed in 10-point bold type that states: "To vote for a candidate, place a cross (X) in the
square following the name(s) of the person(s) you favor as the candidate(s) for each respective
office." followed by two one-point parallel rules;
]
[
(d) after the rules, the designation of the office for which the candidates seek election
is printed flush with the left-hand margin and the words, "Vote for one" or "Vote for up to
_____ (the number of candidates for which the voter may vote)" are printed to extend to the
extreme right of the column in 10-point bold type, followed by a hair-line rule;
]
[
(e) after the hair-line rule, the names of the candidates are printed in heavy face type
between lines or rules three-eighths inch apart, in the order specified under Section 
20A-6-305
with surnames last and grouped according to the office that they seek;
]
[
(f) a square with sides not less than one-fourth inch long is printed immediately
adjacent to the names of the candidates;
]
[
(g) following the name of the last candidate for each office in which a write-in
candidate is qualified under Section 
20A-9-601
, the ballot contains:
]
[
(i) a write-in space for each elective office in which a write-in candidate is qualified
where the voter may enter the name of a valid write-in candidate; and
]
[
(ii) a square printed immediately adjacent to the write-in space or line where the voter
may vote for a valid write-in candidate; and
]
[
(h) the candidate groups are separated from each other by one light and one heavy line
or rule.
]
[
(3) Except as otherwise required for a race conducted by instant runoff voting under
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when using a
ballot sheet other than a punch card ballot at municipal general elections, each election officer
shall ensure that:
]
[
(a) the following endorsements are printed:
]
[
(i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
]
[
(ii) the date of the election; and
]
[
(iii) a facsimile of the signature of the election officer and the election officer's title;
]
[
(b) immediately below the election officer's title, a distinct border or line separates
endorsements from the rest of the ballot;
]
[
(c) immediately below the border or line, an "Instructions to Voters" section is printed
that states: "To vote for a candidate, select the name(s) of the person(s) you favor as the
candidate(s) for each respective office." followed by another border or line;
]
[
(d) after the border or line, the designation of the office for which the candidates seek
election is printed and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)" are printed, followed by a line or border;
]
[
(e) after the line or border, the names of the candidates are printed in the order
specified under Section 
20A-6-305
 with surnames last and grouped according to the office that
they seek;
]
[
(f) an oval is printed adjacent to the names of the candidates;
]
[
(g) following the name of the last candidate for each office in which a write-in
candidate is qualified under Section 
20A-9-601
, the ballot contains:
]
[
(i) a write-in space or blank line for each elective office in which a write-in candidate
is qualified where the voter may enter the name of a valid write-in candidate; and
]
[
(ii) an oval printed adjacent to the write-in space or line where the voter may vote for
a valid write-in candidate; and
]
[
(h) the candidate groups are separated from each other by a line or border.
]
[
(4)
] 
(2)
 Except as otherwise required for a race conducted by instant runoff voting
under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when
using [
an electronic
] 
a mechanical
 ballot at municipal general elections, each election officer
shall ensure that:
(a) the following endorsements are displayed on the first [
screen
] 
portion
 of the ballot:
(i) "Official Ballot for ____ (City, Town, or Metro Township), Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the election officer and the election officer's title;
(b) immediately below the election officer's title, a distinct border or line separates the
endorsements from the rest of the ballot;
(c) immediately below the border or line, an "Instructions to Voters" section is
displayed that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
the candidate(s) for each respective office." followed by another border or line;
(d) after the border or line, the designation of the office for which the candidates seek
election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)" are displayed, followed by a line or border;
(e) after the line or border, the names of the candidates are displayed in the order
specified under Section 
20A-6-305
 with surnames last and grouped according to the office that
they seek;
(f) a voting square or position is located adjacent to the name of each candidate;
(g) following the name of the last candidate for each office in which a write-in
candidate is qualified under Section 
20A-9-601
, the ballot contains a write-in space where the
voter may enter the name of and vote for a valid write-in candidate for the office; and
(h) the candidate groups are separated from each other by a line or border.
[
(5)
] 
(3)
 When a municipality has chosen to nominate candidates by convention or
committee, the election officer shall ensure that the party name is included with the candidate's
name on the ballot.
Section 107. Section 
20A-7-607
 is amended to read:
20A-7-607.
Evaluation by the local clerk -- Determination of election for vote on
referendum.
(1) When each referendum packet is received from a county clerk, the local clerk shall
check off from the local clerk's record the number of each referendum packet filed.
(2) Within two days after the day on which the local clerk receives each referendum
packet from a county clerk, the local clerk shall:
(a) count the number of the names certified by the county clerks that appear on each
verified signature sheet;
(b) if the total number of certified names from each verified signature sheet equals or
exceeds the number of names required by Section 
20A-7-601
 and the requirements of this part
are met, mark upon the front of the petition the word "sufficient";
(c) if the total number of certified names from each verified signature sheet does not
equal or exceed the number of names required by Section 
20A-7-601
 or a requirement of this
part is not met, mark upon the front of the petition the word "insufficient"; and
(d) notify any one of the sponsors of the local clerk's finding.
(3) If the local clerk finds the total number of certified signatures from each verified
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
for a recount of the signatures appearing on the referendum petition in the presence of any
sponsor.
(4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days
after the refusal.
(b) If a court determines that the referendum petition is legally sufficient, the local
clerk shall file [
it
] 
the petition
, with a verified copy of the judgment attached to [
it
] 
the petition
,
as of the date on which it was originally offered for filing in the local clerk's office.
(c) If a court determines that any petition filed is not legally sufficient, the court may
enjoin the local clerk and all other officers from:
(i) certifying or printing the ballot title and numbers of that measure on the official
ballot for the next election; or
(ii) as it relates to a local tax law that is conducted entirely by [
absentee ballot
] 
mail
,
certifying, printing, or mailing the ballot title and numbers of that measure under Section
20A-7-609.5
.
(5) A petition determined to be sufficient in accordance with this section is qualified
for the ballot.
(6) (a) If a referendum relates to legislative action taken after April 15, the election
officer may not place the referendum on an election ballot until a primary election, a general
election, or a special election the following year.
(b) For a referendum on a land use law, if, before August 30, the local clerk or a court
determines that the total number of certified names equals or exceeds the number of signatures
required in Section 
20A-7-601
, the election officer shall place the referendum on the election
ballot for the next general election.
Section 108. Section 
20A-7-609.5
 is amended to read:
20A-7-609.5.
Election on referendum challenging local tax law conducted entirely
by mail.
(1) An election officer may administer an election on a referendum challenging a local
tax law entirely by [
absentee ballot
] 
mail
.
(2) For purposes of an election conducted under this section, the election officer shall:
(a) designate as the election day the day that is 30 days after the day on which the
election officer complies with Subsection (2)(b); and
(b) within 30 days after the day on which the referendum described in Subsection (1)
qualifies for the ballot, mail to each registered voter within the voting precincts to which the
local tax law applies:
(i) [
an absentee
] 
a manual
 ballot;
(ii) a statement that there will be no polling place [
in the voting precinct
] for the
election;
(iii) a statement specifying the election day described in Subsection (2)(a);
(iv) a business reply mail envelope;
(v) instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted;
(vi) a warning, on a separate page of colored paper in boldface print, indicating that if
the voter fails to follow the instructions included with the [
absentee
] 
manual
 ballot, the voter
will be unable to vote in that election because there will be no polling place [
in the voting
precinct on the day of
] 
for
 the election; and
(vii) (A) a copy of the proposition information pamphlet relating to the referendum if a
proposition information pamphlet relating to the referendum was published under Section
20A-7-401.5
; or
(B) a website address where an individual may view a copy of the proposition
information pamphlet described in Subsection (2)(b)(vii)(A).
[
(3) A voter who votes by absentee ballot under this section is not required to apply for
an absentee ballot as required by this part.
]
[
(4)
] 
(3)
 An election officer who administers an election under this section shall:
(a) (i) obtain, in person, the signatures of each voter within that voting precinct before
the election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
[
(5)
] 
(4)
 (a) Upon receiving [
the
] 
a
 returned [
absentee ballots
] 
manual ballot
 under this
section, the election officer shall compare the signature on each [
absentee ballot
] 
return
envelope
 with the voter's signature that is maintained on file and verify that the signatures are
the same.
(b) If the election officer questions the authenticity of the signature on the [
absentee
ballot
] 
return envelope
, the election officer shall immediately contact the voter to verify the
signature.
(c) If 
there is not a signature on the return envelope or if
 the election officer determines
that the signature on the [
absentee ballot
] 
return envelope
 does not match the voter's signature
that is maintained on file, the election officer shall:
[
(i) unless the absentee ballot application deadline described in Section 
20A-3-304
 has
passed, immediately send another absentee ballot and other voting materials as required by this
section to the voter; and
]
[
(ii)
] 
(i)
 disqualify the [
initial absentee ballot.
] 
ballot; and
(ii) notify the voter of the disqualification and the reason for the disqualification.
Section 109. Section 
20A-7-613
 is amended to read:
20A-7-613.
Property tax referendum petition.
(1) As used in this section, "certified tax rate" means the same as that term is defined in
Section 
59-2-924
.
(2) Except as provided in this section, the requirements of this part apply to a
referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
exceeds the certified tax rate.
(3) Notwithstanding Subsection 
20A-7-606
(1), the sponsors shall deliver each signed
and verified referendum packet to the county clerk of the county in which the packet was
circulated before 5 p.m. no later than 40 days after the day on which the local clerk complies
with Subsection 
20A-7-604
(2).
(4) Notwithstanding Subsections 
20A-7-606
(2) and (3), the county clerk shall take the
actions required in Subsections 
20A-7-606
(2) and (3) within 10 working days after the day on
which the county clerk receives the signed and verified referendum packet as described in
Subsection (3).
(5) The local clerk shall take the actions required by Section 
20A-7-607
 within two
working days after the day on which the local clerk receives the referendum packets from the
county clerk.
(6) Notwithstanding Subsection 
20A-7-608
(2), the local attorney shall prepare the
ballot title within two working days after the day on which the referendum petition is declared
sufficient for submission to a vote of the people.
(7) Notwithstanding Subsection 
20A-7-609
(2)(c), a referendum that qualifies for the
ballot under this section shall appear on the ballot for the earlier of the next regular general
election or the next municipal general election unless a special election is called.
[
(8) Notwithstanding the requirements related to absentee ballots under this title:
]
[
(a) the election officer shall prepare absentee ballots for those voters who have
requested an absentee ballot as soon as possible after the ballot title is prepared as described in
Subsection (6); and
]
[
(b)
] 
(8)
 [
the
] 
The
 election officer shall mail [
absentee
] 
manual
 ballots on a referendum
under this section the later of:
[
(i)
] 
(a)
 the time provided in Section [
20A-3-305
] 
20A-3a-202
 or 
20A-16-403
; or
[
(ii)
] 
(b)
 the time that [
absentee
] ballots are prepared for mailing under this section.
(9) Section 
20A-7-402
 does not apply to a referendum described in this section.
(10) (a) If a majority of voters does not vote against imposing the tax at a rate
calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
entity's legislative body:
(i) the certified tax rate for the fiscal year during which the referendum petition is filed
is its most recent certified tax rate; and
(ii) the proposed increased revenues for purposes of establishing the certified tax rate
for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
before the filing of the referendum petition.
(b) If a majority of voters votes against imposing a tax at the rate established by the
vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
taxing entity's most recent certified tax rate.
(c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
required to comply with the notice and public hearing requirements of Section 
59-2-919
 if the
taxing entity complies with those notice and public hearing requirements before the referendum
petition is filed.
(11) The ballot title shall, at a minimum, include in substantially this form the
following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
budgeted, adopted, and approved by the [name of the taxing entity]".
(12) A taxing entity shall pay the county the costs incurred by the county that are
directly related to meeting the requirements of this section and that the county would not have
incurred but for compliance with this section.
(13) (a) An election officer shall include on a ballot a referendum that has not yet
qualified for placement on the ballot, if:
(i) sponsors file an application for a referendum described in this section;
(ii) the ballot will be used for the election for which the sponsors are attempting to
qualify the referendum; and
(iii) the deadline for qualifying the referendum for placement on the ballot occurs after
the day on which the ballot will be printed.
(b) If an election officer includes on a ballot a referendum described in Subsection
(13)(a), the ballot title shall comply with Subsection (11).
(c) If an election officer includes on a ballot a referendum described in Subsection
(13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
voters by any practicable method that the referendum has not qualified for the ballot and that
votes cast in relation to the referendum will not be counted.
Section 110. 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 first business day in August
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) 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
(B) if the initiative proposes a tax increase, the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; 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
] 
a
 ballot;
(l) a list of all county clerks' offices and phone numbers;
(m) the address of the Statewide Electronic Voter Information Website, with a
statement indicating that the election officer will post on the website any changes to the
location of a polling place and the location of any additional polling place;
(n) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(o) 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
.
Section 111. Section 
20A-7-801
 is amended to read:
20A-7-801.
Statewide Electronic Voter Information Website Program -- Duties of
the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
Frequently asked voter questions -- Other elections.
(1) There is established the Statewide Electronic Voter Information Website Program
administered by the lieutenant governor in cooperation with the county clerks for general
elections and municipal authorities for municipal elections.
(2) In accordance with this section, and as resources become available, the lieutenant
governor, in cooperation with county clerks, shall develop, establish, and maintain a
state-provided Internet website designed to help inform the voters of the state of:
(a) the offices and candidates up for election; and
(b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
of ballot propositions submitted to the voters.
(3) Except as provided under Subsection (6), the website shall include:
(a) all information currently provided in the Utah voter information pamphlet under
Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared, analyzed, and
submitted by the Judicial Council describing the judicial selection and retention process;
(b) all information submitted by election officers under Subsection (4) on local office
races, local office candidates, and local ballot propositions;
(c) a list that contains the name of a political subdivision that operates an election day
voting center under Section [
20A-3-703
] 
20A-3a-703
 and the location of the election day
voting center;
(d) other information determined appropriate by the lieutenant governor that is
currently being provided by law, rule, or ordinance in relation to candidates and ballot
questions; and
(e) any differences in voting method, time, or location designated by the lieutenant
governor under Subsection 
20A-1-308
(2).
(4) (a) An election official shall submit the following information for each ballot
[
label
] under the election official's direct responsibility under this title:
(i) a list of all candidates for each office;
(ii) if submitted by the candidate to the election official's office before 5 p.m. no later
than 45 days before the primary election or before 5 p.m. no later than 60 days before the
general election:
(A) a statement of qualifications, not exceeding 200 words in length, for each
candidate;
(B) the following current biographical information if desired by the candidate, current:
(I) age;
(II) occupation;
(III) city of residence;
(IV) years of residence in current city; and
(V) email address; and
(C) a single web address where voters may access more information about the
candidate and the candidate's views; and
(iii) factual information pertaining to all ballot propositions submitted to the voters,
including:
(A) a copy of the number and ballot title of each ballot proposition;
(B) the final vote cast for each ballot proposition, if any, by a legislative body if the
vote was required to place the ballot proposition on the ballot;
(C) a complete copy of the text of each ballot proposition, with all new language
underlined and all deleted language placed within brackets; and
(D) other factual information determined helpful by the election official.
(b) The information under Subsection (4)(a) shall be submitted to the lieutenant
governor no later than one business day after the deadline under Subsection (4)(a) for each
general election year and each municipal election year.
(c) The lieutenant governor shall:
(i) review the information submitted under this section, to determine compliance under
this section, prior to placing it on the website;
(ii) refuse to post information submitted under this section on the website if it is not in
compliance with the provisions of this section; and
(iii) organize, format, and arrange the information submitted under this section for the
website.
(d) The lieutenant governor may refuse to include information the lieutenant governor
determines is not in keeping with:
(i) Utah voter needs;
(ii) public decency; or
(iii) the purposes, organization, or uniformity of the website.
(e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
Subsection (5).
(5) (a) A person whose information is refused under Subsection (4), and who is
aggrieved by the determination, may appeal by submitting a written notice of appeal to the
lieutenant governor before 5 p.m. within 10 business days after the date of the determination. 
A notice of appeal submitted under this Subsection (5)(a) shall contain:
(i) a listing of each objection to the lieutenant governor's determination; and
(ii) the basis for each objection.
(b) The lieutenant governor shall review the notice of appeal and shall issue a written
response within 10 business days after the day on which the notice of appeal is submitted.
(c) An appeal of the response of the lieutenant governor shall be made to the district
court, which shall review the matter de novo.
(6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
enter the voter's address information on the website to retrieve information on which offices,
candidates, and ballot propositions will be on the voter's ballot at the next general election or
municipal election.
(b) The information on the website will anticipate and answer frequent voter questions
including the following:
(i) what offices are up in the current year for which the voter may cast a vote;
(ii) who is running for what office and who is the incumbent, if any;
(iii) what address each candidate may be reached at and how the candidate may be
contacted;
(iv) for partisan races only, what, if any, is each candidate's party affiliation;
(v) what qualifications have been submitted by each candidate;
(vi) where additional information on each candidate may be obtained;
(vii) what ballot propositions will be on the ballot; and
(viii) what judges are up for retention election.
(7) As resources are made available and in cooperation with the county clerks, the
lieutenant governor may expand the electronic voter information website program to include
the same information as provided under this section for special elections and primary elections.
Section 112. 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 November 30 of each
odd-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 and
whether unaffiliated voters 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)(f), or (2)(a), each election officer
shall ensure that a ballot described in Section 
20A-6-301
 includes each individual nominated
by a qualified political party:
(a) under the qualified political party's name , 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)(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)
] 
(7)
 notwithstanding Subsection 
20A-6-304
(1)(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
] 
a mechanical
 ballot;
[
(9)
] 
(8)
 "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)
] 
(9)
 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)
] 
(10)
 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)
] 
(11)
 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)
] 
(12)
 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)
] 
(13)
 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 113. Section 
20A-9-806
 is amended to read:
20A-9-806.
Ballots.
(1) The lieutenant governor, together with county clerks, suppliers of election
materials, and representatives of registered political parties, shall:
(a) develop [
paper
] 
manual
 ballots, [
ballot labels, ballot sheets, electronic
] 
mechanical
ballots, 
return envelopes
 and provisional ballot envelopes to be used in a presidential primary
election;
(b) ensure that the [
paper ballots, ballot labels, ballot sheets, electronic ballots, and
provisional
] 
ballots, return envelopes, and provisional
 ballot envelopes comply generally with
the requirements of Chapter 6, Part 1, General Requirements for All Ballots; and
(c) provide voting booths, election records and supplies, and ballot boxes for each
voting precinct as required by Section 
20A-5-403
.
(2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Chapter 6, Part
1, General Requirements for All Ballots, and Section 
20A-5-403
, the lieutenant governor,
together with county clerks, suppliers of election materials, and representatives of registered
political parties shall ensure that the [
paper ballots, ballot labels, ballot sheets, electronic
ballots, provisional
] 
ballots, return envelopes, provisional
 ballot envelopes, [
and
] voting
booths, election records and supplies, and ballot boxes:
(i) facilitate the distribution, voting, and tallying of ballots in a closed primary;
(ii) simplify the task of poll workers, particularly in determining a voter's party
affiliation;
(iii) minimize the possibility of spoiled ballots due to voter confusion; and
(iv) protect against fraud.
(b) To accomplish the requirements of this Subsection (2), the lieutenant governor,
county clerks, suppliers of election materials, and representatives of registered political parties
shall:
(i) mark[
, prepunch, or otherwise identify ballot sheets
] 
ballots
 as being for a particular
registered political party; and
(ii) instruct persons counting the ballots to count only those votes for candidates from
the registered political party whose ballot the voter received.
(c) To accomplish the requirements of this Subsection (2), the lieutenant governor,
county clerks, suppliers of election materials, and representatives of registered political parties
may:
(i) notwithstanding the requirements of Sections 
20A-6-101
 and 
20A-6-102
, use
different colored [
ballot sheets
] 
ballots
 for each registered political party;
(ii) place [
ballot labels or
] ballots for each registered political party in different voting
booths and direct voters to the particular voting booth for the political party whose ballot they
are voting; or
(iii) consider other means of accomplishing the objectives [
outlined
] 
described
 in
Subsection (2)(a).
Section 114. Section 
20A-9-808
 is amended to read:
20A-9-808.
Voting.
Voting in a presidential primary election shall be conducted in accordance with the
procedures of Section [
20A-3-104.5
] 
20A-3a-203
.
Section 115. Section 
20A-11-206
 is amended to read:
20A-11-206.
State office candidate -- Failure to file reports -- Penalties.
(1) A state office candidate who fails to file a financial statement before the deadline is
subject to a fine imposed in accordance with Section 
20A-11-1005
.
(2) If a state office candidate fails to file an interim report described in Subsections
20A-11-204
(1)(b) through (d), the lieutenant governor may send an electronic notice to the
state office candidate and the political party of which the state office candidate is a member, if
any, that states:
(a) that the state office candidate failed to timely file the report; and
(b) that, if the state office candidate fails to file the report within 24 hours after the
deadline for filing the report, the state office candidate will be disqualified and the political
party will not be permitted to replace the candidate.
(3) (a) The lieutenant governor shall disqualify a state office candidate and inform the
county clerk and other appropriate election officials that the state office candidate is
disqualified if the state office candidate fails to file an interim report described in Subsections
20A-11-204
(1)(b) through (d) within 24 hours after the deadline for filing the report.
(b) The political party of a state office candidate who is disqualified under Subsection
(3)(a) may not replace the state office candidate. 
(4) (a) If a state office candidate is disqualified under Subsection (3)(a), the election
official shall:
(i) remove the state office candidate's name from the ballot; or
(ii) if removing the state office candidate's name from the ballot is not practicable,
inform the voters by any practicable method that the state office candidate has been
disqualified and that votes cast for the state office candidate will not be counted.
(b) An election official may fulfill the requirement described in Subsection (4)(a) in
relation to [
an absentee voter
] 
a mailed ballot
, including a military or overseas [
absentee voter
]
ballot
, by including with the [
absentee
] ballot a written notice directing the voter to a public
website that will inform the voter whether a candidate on the ballot is disqualified.
(5) A state office candidate is not disqualified if:
(a) the state office candidate timely files the reports described in Subsections
20A-11-204
(1)(b) through (d) no later than 24 hours after the applicable deadlines for filing the
reports;
(b) the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
an amended report or the next scheduled report.
(6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each state office candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that any state office candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the state office candidate of the violation or
written complaint and direct the state office candidate to file a summary report correcting the
problem.
(c) (i) It is unlawful for a state office candidate to fail to file or amend a summary
report within seven days after receiving notice from the lieutenant governor described in this
Subsection (6).
(ii) Each state office candidate who violates Subsection (6)(c)(i) is guilty of a class B
misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a state office candidate who violates
Subsection (6)(c)(i).
Section 116. Section 
20A-11-305
 is amended to read:
20A-11-305.
Legislative office candidate -- Failure to file report -- Penalties.
(1) A legislative office candidate who fails to file a financial statement before the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(2) If a legislative office candidate fails to file an interim report described in
Subsections 
20A-11-303
(1)(b)(ii) through (iv), the lieutenant governor may send an electronic
notice to the legislative office candidate and the political party of which the legislative office
candidate is a member, if any, that states:
(a) that the legislative office candidate failed to timely file the report; and
(b) that, if the legislative office candidate fails to file the report within 24 hours after
the deadline for filing the report, the legislative office candidate will be disqualified and the
political party will not be permitted to replace the candidate.
(3) (a) The lieutenant governor shall disqualify a legislative office candidate and 
inform the county clerk and other appropriate election officials that the legislative office
candidate is disqualified if the legislative office candidate fails to file an interim report
described in Subsections 
20A-11-303
(1)(b)(ii) through (iv) within 24 hours after the deadline
for filing the report.
(b) The political party of a legislative office candidate who is disqualified under
Subsection (3)(a) may not replace the legislative office candidate. 
(4) (a) If a legislative office candidate is disqualified under Subsection (3)(a), the
election officer shall:
(i) remove the legislative office candidate's name from the ballot; or
(ii) if removing the legislative office candidate's name from the ballot is not
practicable, inform the voters by any practicable method that the legislative office candidate
has been disqualified and that votes cast for the legislative office candidate will not be counted.
(b) An election official may fulfill the requirement described in Subsection (4)(a) in
relation to [
an absentee voter
] 
a mailed ballot
, including a military or overseas [
absentee voter
]
ballot
, by including with the [
absentee
] ballot a written notice directing the voter to a public
website that will inform the voter whether a candidate on the ballot is disqualified.
(5) A legislative office candidate is not disqualified if:
(a) the legislative office candidate files the reports described in Subsections
20A-11-303
(1)(b)(ii) through (iv) no later than 24 hours after the applicable deadlines for filing
the reports;
(b) the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
an amended report or the next scheduled report.
(6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each legislative office candidate that is required to file a summary report has filed
one; and
(ii) each summary report contains the information required by this part.
(b) If it appears that any legislative office candidate has failed to file the summary
report required by law, if it appears that a filed summary report does not conform to the law, or
if the lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the legislative office candidate of the
violation or written complaint and direct the legislative office candidate to file a summary
report correcting the problem.
(c) (i) It is unlawful for a legislative office candidate to fail to file or amend a summary
report within seven days after receiving notice from the lieutenant governor described in this
Subsection (6).
(ii) Each legislative office candidate who violates Subsection (6)(c)(i) is guilty of a
class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a legislative office candidate who violates
Subsection (6)(c)(i).
Section 117. Section 
20A-11-1305
 is amended to read:
20A-11-1305.
School board office candidate -- Failure to file statement --
Penalties.
(1) A school board office candidate who fails to file a financial statement by the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(2) If a school board office candidate fails to file an interim report described in
Subsections 
20A-11-1303
(1)(c)(i) through (iv), the lieutenant governor may send an electronic
notice to the school board office candidate and the political party of which the school board
office candidate is a member, if any, that states:
(a) that the school board office candidate failed to timely file the report; and
(b) that, if the school board office candidate fails to file the report within 24 hours after
the deadline for filing the report, the school board office candidate will be disqualified and the
political party will not be permitted to replace the candidate.
(3) (a) The lieutenant governor shall disqualify a school board office candidate and
inform the county clerk and other appropriate election officials that the school board office
candidate is disqualified if the school board office candidate fails to file an interim report
described in Subsections 
20A-11-1303
(1)(c)(i) through (iv) within 24 hours after the deadline
for filing the report.
(b) The political party of a school board office candidate who is disqualified under
Subsection (3)(a) may not replace the school board office candidate.
(4) (a) If a school board office candidate is disqualified under Subsection (3)(a), the
election officer shall:
(i) remove the school board office candidate's name from the ballot; or
(ii) if removing the school board office candidate's name from the ballot is not
practicable, inform the voters by any practicable method that the school board office candidate
has been disqualified and that votes cast for the school board office candidate will not be
counted.
(b) An election officer may fulfill the requirement described in Subsection (4)(a) in
relation to [
an absentee voter
] 
a mailed ballot
, including a military or overseas [
absentee voter
]
ballot
, by including with the [
absentee
] ballot a written notice directing the voter to a public
website that will inform the voter whether a candidate on the ballot is disqualified.
(5) A school board office candidate is not disqualified if:
(a) the school board office candidate files the reports described in Subsections
20A-11-1303
(1)(c)(i) through (iv) no later than 24 hours after the applicable deadlines for
filing the reports;
(b) the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(c) the omissions, errors, or inaccuracies described in Subsection (5)(b) are corrected in
an amended report or the next scheduled report.
(6) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each school board office candidate who is required to file a summary report has
filed the report; and
(ii) each summary report contains the information required by this part.
(b) If it appears that a school board office candidate has failed to file the summary
report required by law, if it appears that a filed summary report does not conform to the law, or
if the lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the school board office candidate of the
violation or written complaint and direct the school board office candidate to file a summary
report correcting the problem.
(c) (i) It is unlawful for a school board office candidate to fail to file or amend a
summary report within seven days after receiving the notice described in Subsection (6)(b)
from the lieutenant governor.
(ii) Each school board office candidate who violates Subsection (6)(c)(i) is guilty of a
class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (6)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (6)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a school board office candidate who violates
Subsection (6)(c)(i).
Section 118. Section 
20A-16-202
 is amended to read:
20A-16-202.
Report on ballots.
(1) [
Not
] 
No
 later than 60 days after each regular general election 
date
, each county
clerk shall submit a report to the lieutenant governor indicating:
(a) the number of ballots sent to covered voters; and
(b) the number of ballots returned by covered voters that were counted.
(2) [
Not
] 
No
 later than 90 days after each regular general election 
date
, the lieutenant
governor shall submit a statewide report to the Election Assistance Commission that includes
the information required by Subsection (1).
Section 119. Section 
20A-16-401
 is amended to read:
20A-16-401.
Methods of applying for military-overseas ballots.
(1) A covered voter who is registered to vote in the state may apply for a
military-overseas ballot [
using
]:
[
(a) an absentee ballot application under Section 
20A-3-304
; or
]
[
(b) (i)
] 
(a) via
 the federal postcard application; [
or
]
[
(ii)
] 
(b) via
 the federal postcard application's electronic equivalent[
.
]
; or
(c) by otherwise making a request in writing.
(2) A covered voter who is not registered to vote in this state may use a federal
postcard application or the federal postcard application's electronic equivalent to apply
simultaneously to register to vote under Section 
20A-16-302
 and for a military-overseas ballot.
(3) (a) The lieutenant governor shall ensure that the electronic transmission system
described in Subsection 
20A-16-201
(3) is capable of accepting the submission of both a federal
postcard application and any other approved electronic military-overseas ballot application sent
to the appropriate election official.
(b) The voter may use the electronic transmission system or any other approved
method to apply for a military-overseas ballot.
(4) A covered voter may use the declaration accompanying a federal write-in absentee
ballot as an application for a military-overseas ballot simultaneously with the submission of the
federal write-in absentee ballot, if the declaration is received by the appropriate election official
by the Thursday immediately before the election.
(5) To receive the benefits of this chapter, a covered voter shall inform the appropriate
election official that the voter is a covered voter by:
(a) the use of a federal postcard application or federal write-in absentee ballot;
(b) the use of an overseas address on an approved voter registration application or
ballot application; or
(c) the inclusion on an approved voter registration application or ballot application of
other information sufficient to identify the voter as a covered voter.
(6) This chapter does not preclude a covered voter from voting [
under Chapter 3, Part
3, Absentee Voting
] 
via a manual ballot by mail
.
Section 120. Section 
20A-16-406
 is amended to read:
20A-16-406.
Disposition of ballot by county clerk.
(1) Upon receipt by the county clerk of the envelope containing a military-overseas
ballot, the county clerk shall:
(a) enclose the unopened envelope containing the ballot and the written application of
the covered voter in a larger envelope;
(b) securely seal and endorse it with:
(i) the name or number of the proper voting precinct;
(ii) the name and official title of the clerk; and
(iii) the words: "This envelope contains an absentee voter's official Utah election ballot
to be voted at ____ (Insert Name and Number) precinct, in ____ (Insert Name) county, and
may be opened on election day at the polls while the polls are open."; and
(c) safely keep the envelope in the county clerk's office until the envelope is delivered
by the county clerk to the proper election judges.
(2) (a) When reasonably possible, the county clerk shall deliver or mail all
military-overseas voter ballot envelopes to the appropriate voting precinct election judges so
that the ballots may be processed on election day.
(b) If the clerk is unable to determine the voting precinct to which the ballot should be
sent or when valid ballots are received too late to deliver to the election judges on election day,
the clerk shall keep them in a safe place until delivery can be made as required by Section
[
20A-3-309
] 
20A-3a-402
.
Section 121. Section 
20A-16-407
 is amended to read:
20A-16-407.
Duty of election judges.
(1) (a) Voting precinct election judges shall open envelopes containing
military-overseas ballots that are in the judges' custody on election day at the polling places
during the time the polls are open as provided in this subsection.
(b) The election judges shall:
(i) first, open the outer envelope only; and
(ii) compare the signature of the covered voter on the application with the signature on
the registration and voting certificate.
(2) (a) The judges shall register the covered voter to vote if the voter is not already
registered if the judges find that:
(i) the registration and voting certificate appears to be executed in proper form and
contains information qualifying the covered voter to be registered as a voter; and
(ii) the signatures on the certificate and the application correspond, where a
comparison is required.
(b) If the election judges determine that the registration and voting certificate is
insufficient or that the signatures do not correspond, they shall:
(i) disallow the registration; and
(ii) without opening the ballot envelope, mark across the face of the envelope
"Rejected as defective because of __________ ." with the reason for the rejection placed in the
blank.
(c) When a covered voter's name is entered upon the registration books, the voter is
considered to be registered and the registration and voting certificate, signed and sworn to by
the covered voter on the back of the ballot envelope, together with the covered voter's name
upon the registration books, constitute the covered voter's registration record.
(d) Nothing in this title may abridge the right of the covered voter to be registered as
provided in this section.
(3) (a) After registering the voter, the judges shall carefully open the ballot envelope so
as not to destroy the information printed on it if they find that:
(i) the registration and voting certificate is sufficient; and
(ii) the signatures on the certificate and the application correspond, where a
comparison is required.
(b) The election judges shall:
(i) remove the ballot from the envelope without unfolding it or permitting it to be
opened or examined;
[
(ii) initial the stub in the same manner as for other ballots;
]
[
(iii)
] 
(ii)
 deposit the ballot in the proper ballot box; and
[
(iv)
] 
(iii)
 mark the official register and pollbook to show that the voter has voted.
(c) If the election judges determine that the registration and voting certificate is
insufficient or that the signatures do not correspond, they shall:
(i) disallow the vote; and
(ii) without opening the ballot envelope, mark across the face of the envelope
"Rejected as defective because of __________ ." with the reason for the rejection placed in the
blank.
(4) The election judges shall deposit the envelope, when the ballot is voted, and the
envelope with its contents unopened, when the absent vote is rejected, in the ballot box
containing the ballots.
(5) The county clerk shall retain and preserve the envelopes in the manner provided by
law for the retention and preservation of official ballots voted at that election.
Section 122. Section 
63I-2-220
 is amended to read:
63I-2-220.
Repeal dates -- Title 20A.
(1) On January 1, 2021:
(a) Subsection 
20A-1-201.5
(1), the language that states "Except as provided in
Subsection (4)," is repealed.
(b) Subsection 
20A-1-201.5
(4) is repealed.
(c) Subsections 
20A-1-204
(1)(a)(i) through (iii) are repealed and replaced with the
following:
"(i) the fourth Tuesday in June; or
(ii) the first Tuesday after the first Monday in November.".
(d) In Subsections 
20A-1-503
(4)(c), 
20A-9-202
(3)(a), 
20A-9-403
(3)(d)(ii),
20A-9-407
(5) and (6)(a), and 
20A-9-408
(5), immediately following the reference to Subsection
20A-9-202
(1)(b), the language that states "(i) or (ii)" is repealed.
(e) Subsection 
20A-9-202
(1)(b) is repealed and replaced with the following:
"(b) Unless expressly provided otherwise in this title, for a registered political party
that is not a qualified political party, the deadline for filing a declaration of candidacy for an
elective office that is to be filled at the next regular general election is 5 p.m. on the first
Monday after the third Saturday in April.";
(f) Subsection 
20A-9-409
(4)(c) is repealed and replaced with the following:
"(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
the third Saturday in April.".
(2) Subsection 
20A-5-803
(8) is repealed July 1, 2023.
(3) Section 
20A-5-804
 is repealed July 1, 2023.
(4) On January 1, 2026:
(a) In Subsection 
20A-1-102
[
(22)
]
(18)
(a), the language that states "or Title 20A,
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
(b) In Subsections 
20A-1-303
(1)(a) and (b), the language that states "Except as
provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
repealed.
(c) In Section 
20A-1-304
, the language that states "Except for a race conducted by
instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
Pilot Project," is repealed.
(d) In Subsection [
20A-3-105
] 
20A-3a-204
(1)(a), 
(c), or (d),
 the language that states
[
"Except
] 
"except
 as provided in Subsection [
(5)
] 
(6)
," is repealed.
[
(e) In Subsections 
20A-3-105
(1)(b), (3)(b), and (4)(b), the language that states
"Except as provided in Subsections (5) and (6)," is repealed.
]
[
(f)
] 
(e)
 [
In Subsections 
20A-3-105
(2)(a)(i), (3)(a), and (4)(a)
] 
Subsection 
20A-3a-204
(5)(b)
, the language that states [
"Subject
] 
"subject
 to Subsection [
(5)
] 
(6)
," is repealed.
[
(g)
] 
(f)
 Subsection [
20A-3-105
(5)
] 
20A-3a-204
(6)
 is repealed and the remaining
subsections in Section [
20A-3-105
] 
20A-3a-204
 are renumbered accordingly.
[
(h)
] 
(g)
 In Subsection 
20A-4-101
(2)(c), the language that states "Except as provided in
Subsection (2)(f)," is repealed.
[
(i)
] 
(h)
 Subsection 
20A-4-101
(2)(f) is repealed.
[
(j)
] 
(i)
 Subsection 
20A-4-101
(3) is repealed and replaced with the following:
"(3) To resolve questions that arise during the counting of ballots, a counting judge
shall apply the standards and requirements of Section 
20A-4-105
.".
[
(k)
] 
(j)
 In Subsection 
20A-4-102
(1)[
(a)
]
(b)
, the language that states "or a rule made
under Subsection 
20A-4-101
(2)(f)(i)" is repealed.
[
(l)
] 
(k)
 Subsection 
20A-4-102
(1)[
(b)
]
(c)
 is repealed and replaced with the following:
"(b) To resolve questions that arise during the counting of ballots, a counting judge
shall apply the standards and requirements of Section 
20A-4-105
.".
[
(m)
] 
(l)
 In Subsection 
20A-4-102
(6)(a), the language that states ", except as provided
in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule
made under Subsection 
20A-4-101
(2)(f)(i)" is repealed.
[
(n)
] 
(m)
 In Subsection 
20A-4-105
(1)(a), the language that states ", except as otherwise
provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
repealed.
[
(o)
] 
(n)
 In Subsection 
20A-4-105
(2), the language that states "Subsection
[
20A-3-105
(5)
] 
20A-3a-204
(6)
, or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project," is repealed.
[
(p)
] 
(o)
 In Subsections 
20A-4-105
(3), (5), and (12), the language that states "Except as
otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
Project," is repealed.
[
(q)
] 
(p)
 In Subsection 
20A-4-106
[
(1)(a)(ii)
]
(2)
, the language that states "or Title 20A,
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
[
(r)
] 
(q)
 In Subsection 
20A-4-304
(1)(a), the language that states "except as provided in
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
[
(s)
] 
(r)
 Subsection 
20A-4-304
(2)(e) is repealed and replaced with the following:
"(v) from each voting precinct:
(A) the number of votes for each candidate; and
(B) the number of votes for and against each ballot proposition;".
[
(t)
] 
(s)
 Subsection 
20A-4-401
(1)(a) is repealed, the remaining subsections in
Subsection (1) are renumbered accordingly, and the cross-references to those subsections are
renumbered accordingly.
[
(u)
] 
(t)
 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
Project, is repealed.
[
(v)
] 
(u)
 Subsections 
20A-5-400.1
(1)(c) and (d), relating to contracting with a local
political subdivision to conduct an election, is repealed.
[
(w) Subsection 
20A-5-404
(3)(b) is repealed and the remaining subsections in
Subsection (3) are renumbered accordingly.
]
[
(x) Subsection 
20A-5-404
(4)(b) is repealed and the remaining subsections in
Subsection (4) are renumbered accordingly.
]
[
(y)
] 
(v)
 In Section 
20A-5-802
, relating to the certification of voting equipment:
(i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
Subsection (2); and
(ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
accordingly.
[
(z)
] 
(w)
 Section 
20A-6-203.5
 is repealed.
[
(aa)
] 
(x)
 In Subsections 
20A-6-402
(1)[
,
] 
and
 (2), [
(3), and (4),
] the language that
states "Except as otherwise required for a race conducted by instant runoff voting under Title
20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
[
(bb)
] 
(y)
 In Subsection 
20A-9-203
(3)(a)(i), the language that states "or Title 20A,
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
[
(cc)
] 
(z)
 In Subsection 
20A-9-203
(3)(c)(i), the language that states "except as
provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
repealed.
[
(dd)
] 
(aa)
 In Subsection 
20A-9-404
(1)(a), the language that states "or Title 20A,
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
[
(ee)
] 
(bb)
 In Subsection 
20A-9-404
(2), the language that states "Except as otherwise
provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
repealed.
(5) Section 
20A-7-407
 is repealed January 1, 2021.
Section 123. 
Repealer.
This bill repeals:
Section 
20A-3-104.5
,
Voting -- Regular primary election and presidential primary
election.
Section 
20A-3-105
,
Marking and depositing ballots.
Section 
20A-3-301
,
Voting by absentee ballot.
Section 
20A-3-303
,
Form of absentee ballot.
Section 
20A-3-304
,
Application for absentee ballot -- Time for filing and voting.
Section 
20A-3-305
,
Mailing of ballot to voter -- Enclose self-addressed envelope --
Affidavit.
Section 
20A-3-306
,
Voting ballot -- Returning ballot.
Section 
20A-3-307
,
Receipt and processing of absentee ballot.
Section 
20A-3-502
,
Intimidation -- Undue influence.
Section 
20A-5-604
,
Receipt of ballots by poll workers.
Section 
20A-6-303
,
Regular general election -- Ballot sheets.