Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 206 Second Substitute (2020GS)

Sponsor

Sen. McCay, D.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Judicial Retention Evaluation Commission's website address to be included on:
• a general election ballot; and
• the electronic voter information website; and
• requires other information related to the Judicial Retention Evaluation Commission be included on the electronic voter information website.

Every vote on this bill

Bill text

JUDICIAL ELECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: 
Timothy D. Hawkes
LONG TITLE
General Description:
This bill provides information requirements related to a judicial retention election. 
Highlighted Provisions:
This bill:
▸ requires the Judicial Retention Evaluation Commission's website address to be
included on:
• a general election ballot; and
• the electronic voter information website; and
▸ requires other information related to the Judicial Retention Evaluation Commission
be included on the electronic voter information website. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-7-801
, as last amended by Laws of Utah 2019, Chapter 255
20A-12-201
, as last amended by Laws of Utah 2017, Chapter 81
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
] 
Judicial Performance Evaluation Commission
 describing
the judicial selection and retention process;
(b) on the homepage of the website, a link to the Judicial Performance Evaluation
Commission's website, judges.utah.gov;
(c) a link to the retention recommendation made by the Judicial Performance
Evaluation Commission in accordance with Title 78A, Chapter 12, Part 2, Judicial
Performance Evaluation, for each judicial appointee to a court that is subject to a retention
election, in accordance with Section 
20A-12-201
, for the upcoming general election;
[
(b)
] 
(d)
 all information submitted by election officers under Subsection (4) on local
office races, local office candidates, and local ballot propositions;
[
(c)
] 
(e)
 a list that contains the name of a political subdivision that operates an election
day voting center under Section 
20A-3-703
 and the location of the election day voting center;
[
(d)
] 
(f)
 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)
] 
(g)
 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 2. Section 
20A-12-201
 is amended to read:
20A-12-201.
Judicial appointees -- Retention elections.
(1) (a) Each judicial appointee to a court is subject to an unopposed retention election
at the first general election held more than three years after the judge or justice was appointed.
(b) After the first retention election:
(i) each Supreme Court justice shall be on the regular general election ballot for an
unopposed retention election every tenth year; and
(ii) each judge of other courts shall be on the regular general election ballot for an
unopposed retention election every sixth year.
(2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
the year the justice or judge is subject to a retention election:
(i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
in the candidate's county of residence, within the period beginning on July 1 and ending at 5
p.m. on July 15 in the year of a regular general election; and
(ii) pay a filing fee of $50.
(b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
court judge is subject to a retention election:
(A) file a declaration of candidacy with the lieutenant governor, or with the county
clerk in the candidate's county of residence, within the period beginning on July 1 and ending
at 5 p.m. on July 15 in the year of a regular general election; and
(B) pay a filing fee of $25 for each judicial office.
(ii) If a justice court judge is appointed or elected to more than one judicial office, the
declaration of candidacy shall identify all of the courts included in the same general election.
(iii) If a justice court judge is appointed or elected to more than one judicial office,
filing a declaration of candidacy in one county in which one of those courts is located is valid
for the courts in any other county.
(3) (a) The lieutenant governor shall, no later than August 31 of each regular general
election year:
(i) transmit a certified list containing the names of the justices of the Supreme Court
and judges of the Court of Appeals declaring their candidacy to the county clerk of each
county; and
(ii) transmit a certified list containing the names of judges of other courts declaring
their candidacy to the county clerk of each county in the geographic division in which the judge
filing the declaration holds office.
(b) Each county clerk shall place the names of justices and judges standing for
retention election in the nonpartisan section of the ballot.
(4) (a) At the general election, the ballots shall contain[
,
]
:
(i) at the beginning of the judicial retention section of the ballot, the following
statement:
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation
Commission's recommendations for each judge"; and
(ii)
 as to each justice or judge of any court to be voted on in the county, the following
question:
"Shall ______________________________(name of justice or judge) be retained in the
office of ___________________________? (name of office, such as "Justice of the Supreme
Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
"Justice Court Judge of (name of county) County or (name of municipality)")
Yes ()
No ()."
(b) If a justice court exists by means of an interlocal agreement under Section
78A-7-102
, the ballot question for the judge shall include the name of that court.
(5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
is retained for the term of office provided by law.
(b) If the justice or judge does not receive more yes votes than no votes, the justice or
judge is not retained, and a vacancy exists in the office on the first Monday in January after the
regular general election.
(6) A justice or judge not retained is ineligible for appointment to the office for which
the justice or judge was defeated until after the expiration of that term of office.
(7) If a justice court judge is standing for retention for more than one office, the county
clerk shall place the judge's name on the ballot separately for each office. If the justice court
judge receives more no votes than yes votes in one office, but more yes votes than no votes in
the other, the justice court judge shall be retained only in the office for which the judge
received more yes votes than no votes.