Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 75 Third Substitute (2021GS)

Sponsor

Rep. Stenquist, J.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that the legislative body of a municipality makes the determination to participate in the pilot project;
• removes the sunset date for a provision relating to a municipality entering into a contract with a county to conduct an election; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MUNICIPAL ALTERNATIVE VOTING METHODS PILOT
PROJECT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeffrey D. Stenquist
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Jennifer Dailey-Provost
Mike Winder
LONG TITLE
General Description:
This bill amends provisions relating to the Municipal Alternative Voting Methods Pilot
Project.
Highlighted Provisions:
This bill:
▸ provides that the legislative body of a municipality makes the determination to
participate in the pilot project;
▸ removes the sunset date for a provision relating to a municipality entering into a
contract with a county to conduct an election; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-4-602
, as last amended by Laws of Utah 2019, Chapter 305
20A-5-400.1
, as last amended by Laws of Utah 2019, Chapter 305
63I-2-220
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 17
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-4-602
 is amended to read:
20A-4-602.
Municipal Alternate Voting Methods Pilot Project -- Creation --
Participation.
(1) There is created the Municipal Alternate Voting Methods Pilot Project.
(2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
(3) (a) A municipality may participate in the pilot project, in accordance with the
requirements of this section and all other applicable provisions of law, during any
odd-numbered year that the pilot project is in effect, if, before [
April 15
] 
the second Monday in
May
 of the odd-numbered year, the 
legislative body of the
 municipality
:
(i) votes to participate; and
(ii)
 provides written notice to the lieutenant governor[
: (i)
] 
and the county clerk
 stating
that the municipality intends to participate in the pilot project for the year specified in the
notice[
; and
]
.
[
(ii) that includes a document, signed by the election officer of the municipality, stating
that the municipality has the resources and capability necessary to participate in the pilot
project.
]
(b) [
A
] 
The legislative body of a
 municipality that provides the notice of intent
described in Subsection (3)(a) may withdraw the notice of intent, and not participate in the
pilot project, if the 
legislative body of the
 municipality provides written notice of withdrawal to
the lieutenant governor 
and the county clerk
 before [
April 15
] 
the second Monday in May
.
(4) The lieutenant governor shall maintain, in a prominent place on the lieutenant
governor's website, a current list of the municipalities that are participating in the pilot project.
(5) (a) An election officer of a participating municipality shall, in accordance with the
provisions of this part, conduct a multi-candidate race during the municipal general election
using instant runoff voting.
(b) Except as provided in Subsection 
20A-4-603
(9), an election officer of a
participating municipality that will conduct a multi-candidate race under Subsection (5)(a) may
not conduct a municipal primary election relating to that race.
(c) A municipality that has in effect an ordinance described in Subsection
20A-9-404
(3) or (4) may not participate in the pilot project.
(6) Except for an election described in Subsection 
20A-4-603
(9), an individual who
files a declaration of candidacy or a nomination petition, for a candidate who will run in an
election described in this part, shall file the declaration of candidacy or nomination petition
during the office hours described in Section 
10-3-301
 and not later than the close of those
office hours, no sooner than the second Tuesday in August and no later than the third Tuesday
in August of an odd-numbered year.
Section 2. Section 
20A-5-400.1
 is amended to read:
20A-5-400.1.
Contracting with an election officer to conduct elections -- Fees --
Contracts and interlocal agreements -- Private providers.
(1) (a) In accordance with this section, a local political subdivision may enter into a
contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation
Act, with a provider election officer to conduct an election.
(b) If the boundaries of a local political subdivision holding the election extend beyond
a single local political subdivision, the local political subdivision may have more than one
provider election officer conduct an election.
(c) [
Subject to Subsection (1)(d), and upon
] 
Upon
 approval by the lieutenant governor,
a municipality may enter into a contract or agreement under Subsection (1)(a) with any local
political subdivision in the state, regardless of whether the municipality is located in, next to, or
near, the local political subdivision, to conduct an election during which the municipality is
participating in the Municipal Alternate Voting Methods Pilot Project.
[
(d) (i) Subsection (1)(c) only applies to an election held in 2019.
]
[
(ii)
] 
(d)
 If a municipality enters into a contract or agreement, under Subsection (1)(c),
with a local political subdivision other than a county within which the municipality exists, the
municipality, the local political subdivision, and the county within which the municipality
exists shall enter into a cooperative agreement to ensure the proper functioning of the election.
(2) A provider election officer shall conduct an election:
(a) under the direction of the contracting election officer; and
(b) in accordance with a contract or interlocal agreement.
(3) A provider election officer shall establish fees for conducting an election for a
contracting election officer that:
(a) are consistent with the contract or interlocal agreement; and
(b) do not exceed the actual costs incurred by the provider election officer.
(4) The contract or interlocal agreement under this section may specify that a
contracting election officer request, within a specified number of days before the election, that
the provider election officer conduct the election to allow adequate preparations by the
provider election officer.
(5) An election officer conducting an election may appoint or employ an agent or
professional service to assist in conducting the election.
Section 3. 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
(18)(a), the language that states "or 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-3a-204
(1)(a), (c), or (d), the language that states "except as
provided in Subsection (6)," is repealed.
]
[
(e) Subsection 
20A-3a-204
 (5)(b), the language that states "subject to Subsection (6),"
is repealed.
]
[
(f) Subsection 
20A-3a-204
(6) is repealed and the remaining subsections in Section
20A-3a-204
 are renumbered accordingly.
]
[
(g) In Subsection 
20A-4-101
(2)(c), the language that states "Except as provided in
Subsection (2)(f)," is repealed.
]
[
(h) Subsection 
20A-4-101
(2)(f) is repealed.
]
[
(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
.".
]
[
(j) In Subsection 
20A-4-102
(1)(b), the language that states "or a rule made under
Subsection 
20A-4-101
(2)(f)(i)" is repealed.
]
[
(k) Subsection 
20A-4-102
(1)(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
.".
]
[
(l) In Subsection 
20A-4-102
(6)(a), the language that states ", except as provided in
Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
20A-4-101
(2)(f)(i)" is repealed.
]
[
(m) In Subsection 
20A-4-105
(1)(a), the language that states ", except as otherwise
provided in Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
]
[
(n) In Subsection 
20A-4-105
(2), the language that states "Subsection 
20A-3a-204
(6),
or Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
]
[
(o) In Subsections 
20A-4-105
(3), (4), and (11), the language that states "Except as
otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
]
[
(p) In Subsection 
20A-4-106
(2), the language that states "or Title 20A, Chapter 4, Part
6, Municipal Alternate Voting Methods Pilot Project" is repealed.
]
[
(q) In Subsection 
20A-4-304
(1)(a), the language that states "except as provided in Part
6, Municipal Alternate Voting Methods Pilot Project," is repealed.
]
[
(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;".
]
[
(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.
]
[
(t) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
repealed.
]
[
(u) Subsections 
20A-5-400.1
(1)(c) and (d), relating to contracting with a local
political subdivision to conduct an election, is repealed.
]
[
(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.
]
[
(w) Section 
20A-6-203.5
 is repealed.
]
[
(x) In Subsections 
20A-6-402
(1) and (2), 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.
]
[
(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.
]
[
(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.
]
[
(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.
]
[
(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.
]
(4) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
repealed January 1, 2026.
(5) Section 
20A-7-407
 is repealed January 1, 2021.
(6) Section 
20A-1-310
 is repealed January 1, 2021.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.