Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 152 First Substitute (2021GS)

Sponsor

Rep. Stenquist, J.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• specifies the acceptable form for a candidate's name on a ballot;
• subject to certain exceptions, prohibits the use of a candidate's nickname on a ballot; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BALLOT INFORMATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeffrey D. Stenquist
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill makes changes to the Election Code regarding candidates' names on ballots.
Highlighted Provisions:
This bill:
▸ specifies the acceptable form for a candidate's name on a ballot;
▸ subject to certain exceptions, prohibits the use of a candidate's nickname on a ballot;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-1-306
, as last amended by Laws of Utah 2020, Chapter 31
17B-2a-1205
, as last amended by Laws of Utah 2020, Chapters 282 and 397
20A-6-203
, as last amended by Laws of Utah 2020, Chapter 31
20A-6-301
, as last amended by Laws of Utah 2020, Chapters 31, 49, and 344
20A-6-302
, as last amended by Laws of Utah 2020, Chapter 31
20A-6-305
, as last amended by Laws of Utah 2020, Chapter 49
20A-6-401
, as last amended by Laws of Utah 2020, Chapter 31
20A-6-401.1
, as last amended by Laws of Utah 2020, Chapter 31
20A-6-402
, as last amended by Laws of Utah 2020, Chapter 31
20A-9-403
, as last amended by Laws of Utah 2020, Chapter 22
20A-12-201
, as last amended by Laws of Utah 2020, Chapter 401
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 
and form
 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 
and form
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-3a-605
(1)(b), the provisions of Title 20A,
Chapter 3a, 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 2. Section 
17B-2a-1205
 is amended to read:
17B-2a-1205.
Public infrastructure district board -- Governing document.
(1) The legislative body or board of the creating entity shall appoint the members of the
board, in accordance with the governing document.
(2) (a) Unless otherwise limited in the governing document and except as provided in
Subsection (2)(b), the initial term of each member of the board is four years.
(b) Notwithstanding Subsection (2)(a), approximately half of the members of the initial
board shall serve a six-year term so that, after the expiration of the initial term, the term of
approximately half the board members expires every two years.
(c) A board may elect that a majority of the board serve an initial term of six years.
(d) After the initial term, the term of each member of the board is four years.
(3) (a) Notwithstanding Subsection 
17B-1-302
(1)(b), a board member is not required
to be a resident within the boundaries of the public infrastructure district if:
(i) all of the surface property owners consent to the waiver of the residency
requirement;
(ii) there are no residents within the boundaries of the public infrastructure district;
(iii) no qualified candidate timely files to be considered for appointment to the board;
or
(iv) no qualified individual files a declaration of candidacy for a board position in
accordance with Subsection 
17B-1-306
[
(4)
]
(5)
.
(b) Except under the circumstances described in Subsection (3)(a)(iii) or (iv), the
residency requirement in Subsection 
17B-1-302
(1)(b) is applicable to any board member
elected for a division or board position that has transitioned from an appointed to an elected
board member in accordance with this section.
(c) An individual who is not a resident within the boundaries of the public
infrastructure district may not serve as a board member unless the individual is:
(i) an owner of land or an agent or officer of the owner of land within the boundaries of
the public infrastructure district; and
(ii) a registered voter at the individual's primary residence.
(4) (a) A governing document may provide for a transition from legislative body
appointment under Subsection (1) to a method of election by registered voters based upon
milestones or events that the governing document identifies, including a milestone for each
division or individual board position providing that when the milestone is reached:
(i) for a division, the registered voters of the division elect a member of the board in
place of an appointed member at the next municipal general election for the board position; or
(ii) for an at large board position established in the governing document, the registered
voters of the public infrastructure district elect a member of the board in place of an appointed
member at the next municipal general election for the board position.
(b) Regardless of whether a board member is elected under Subsection (4)(a), the
position of each remaining board member shall continue to be appointed under Subsection (1)
until the member's respective division or board position surpasses the density milestone
described in the governing document.
(5) (a) Subject to Subsection (5)(c), the board may, in the board's discretion but no
more frequently than every four years, reestablish the boundaries of each division so that each
division that has reached a milestone specified in the governing document, as described in
Subsection (4)(a), has, as nearly as possible, the same number of eligible voters.
(b) In reestablishing division boundaries under Subsection (5)(a), the board shall
consider existing or potential developments within the divisions which, when completed,
would increase or decrease the number of eligible voters within the division.
(c) The governing document may prohibit the board from reestablishing, without the
consent of the creating entity, the division boundaries as described in Subsection (5)(a).
(6) The public infrastructure district may not compensate a board member for the
member's service on the board under Section 
17B-1-307
 unless the board member is a resident
within the boundaries of the public infrastructure district.
(7) The governing document shall:
(a) include a boundary description and a map of the public infrastructure district;
(b) state the number of board members;
(c) describe any divisions of the public infrastructure district;
(d) establish any applicable property tax levy rate limit for the public infrastructure
district;
(e) establish any applicable limitation on the principal amount of indebtedness for the
public infrastructure district; and
(f) include other information that the public infrastructure district or the creating entity
determines to be necessary or advisable.
(8) (a) Except as provided in Subsection (8)(b), the board and the governing body of
the creating entity may amend a governing document by each adopting a resolution that
approves the amended governing document.
(b) Notwithstanding Subsection (8)(a), any amendment to a property tax levy rate
limitation requires the consent of:
(i) 100% of surface property owners within the boundaries of the public infrastructure
district; and
(ii) 100% of the registered voters, if any, within the boundaries of the public
infrastructure district.
(9) A board member is not in violation of Section 
67-16-9
 if the board member:
(a) discloses a business relationship in accordance with Sections 
67-16-7
 and 
67-16-8
and files the disclosure with the creating entity:
(i) before any appointment or election; and
(ii) upon any significant change in the business relationship; and
(b) conducts the affairs of the public infrastructure district in accordance with this title
and any parameters described in the governing document.
(10) Notwithstanding any other provision of this section, the governing document
governs the number, appointment, and terms of board members of a public infrastructure
district created by the development authority.
Section 3. 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 ballots to be used in Utah's regular primary election;
(b) ensure that the ballots comply [
generally
], where applicable, with the requirements
of Title 20A, Chapter 6, Part 1, General Requirements for All Ballots, 
Subsection
20A-6-305
(5),
 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 ballots, 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 ballots as being for a particular registered political party; and
(ii) instruct individuals counting the ballots to count only those votes for candidates
from the registered political party whose ballot the voter received.
Section 4. Section 
20A-6-301
 is amended to read:
20A-6-301.
Paper ballots -- Regular general election.
(1) Each election officer shall ensure that:
(a) all 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) 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) 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;
(d) each ticket containing the lists of candidates, including the party name and device,
are separated by heavy parallel lines;
(e) the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(f) 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
(g) 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) An election officer shall ensure that:
(a) each individual nominated by any registered political party under Subsection
20A-9-202
(4) or Subsection 
20A-9-403
(5), and no other 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 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 
and form
 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 5. Section 
20A-6-302
 is amended to read:
20A-6-302.
Manual ballots -- Placement of candidates' names.
(1) An election officer shall ensure, for 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 
and form
 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 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 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 6. Section 
20A-6-305
 is amended to read:
20A-6-305.
Master ballot position list -- Random selection -- Procedures --
Publication -- Surname -- Exemptions -- Ballot order.
(1) As used in this section, "master ballot position list" means an official list of the 26
characters in the alphabet listed in random order and numbered from one to 26 as provided
under Subsection (2).
(2) The lieutenant governor shall:
(a) within 30 days after the candidate filing deadline in each even-numbered year,
conduct a random selection to create a master ballot position list for all elections in accordance
with procedures established under Subsection (2)(c);
(b) publish the master ballot position list on the lieutenant governor's election website
no later than 15 days after creating the list; and
(c) establish written procedures for:
(i) the election official to use the master ballot position list; and
(ii) the lieutenant governor in:
(A) conducting the random selection in a fair manner; and
(B) providing a record of the random selection process used.
(3) In accordance with the written procedures established under Subsection (2)(c)(i), an
election officer shall use the master ballot position list for the current year to determine the
order in which to list candidates on the ballot for an election held during the year.
(4) To determine the order in which to list candidates on the ballot required under
Subsection (3), the election officer shall apply the randomized alphabet using:
(a) the candidate's surname;
(b) for candidates with a surname that has the same spelling, the candidate's given
name; and
(c) the surname of the president and the surname of the governor for an election for the
offices of president and vice president and governor and lieutenant governor.
(5) (a) A candidate's name on a ballot may include only:
(i) the candidate's given name;
(ii) the candidate's middle name;
(iii) the candidate's surname;
(iv) an abbreviation or variation of the candidate's given name, middle name, or
surname commonly used for individuals with that name;
(v) the candidate's initial or initials; or
(vi) a combination of the items in Subsections (5)(a)(i) through (v).
(b) Except as expressly permitted by Subsection (5)(a), a candidate's nickname may not
be included on a ballot.
[
(5)
] 
(6)
 Subsections (1) through (4) do not apply to:
(a) an election for an office for which only one candidate is listed on the ballot; or
(b) a judicial retention election under Section 
20A-12-201
.
[
(6)
] 
(7)
 Subject to Subsection [
(7)
] 
(8)
, each ticket that appears on a ballot for an
election shall appear separately, in the following order:
(a) for federal office:
(i) president and vice president of the United States;
(ii) United States Senate office; and
(iii) United States House of Representatives office;
(b) for state office:
(i) governor and lieutenant governor;
(ii) attorney general;
(iii) state auditor;
(iv) state treasurer;
(v) state Senate office;
(vi) state House of Representatives office; and
(vii) State Board of Education member;
(c) for county office:
(i) county executive office;
(ii) county legislative body member;
(iii) county assessor;
(iv) county or district attorney;
(v) county auditor;
(vi) county clerk;
(vii) county recorder;
(viii) county sheriff;
(ix) county surveyor;
(x) county treasurer; and
(xi) local school board member;
(d) for municipal office:
(i) mayor; and
(ii) city or town council member;
(e) elected planning and service district council member;
(f) judicial retention questions; and
(g) ballot propositions not described in Subsection [
(6)
] 
(7)
(f).
[
(7)
] 
(8)
 (a) A ticket for a race for a combined office shall appear on the ballot in the
place of the earliest ballot ticket position that is reserved for an office that is subsumed in the
combined office.
(b) Each ticket, other than a ticket described in Subsection [
(6)
] 
(7)
(f), shall list:
(i) each candidate in accordance with Subsections (1) through [
(4)
] 
(5)
; and
(ii) except as otherwise provided in this title, the party name, initials, or title following
each candidate's name. 
Section 7. 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, 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 
and form
 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 8. Section 
20A-6-401.1
 is amended to read:
20A-6-401.1.
Ballots for partisan municipal primary elections.
(1) An election officer shall ensure that:
(a) all 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 
and form
 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 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, 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 
and form
 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) For mechanical ballots, the election officer may require that:
(a) the 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;
(b) the separate groups of pages or display screens are identified by color or other
suitable means; and
(c) the ballot contains instructions that direct the voter how to vote the ballot.
Section 9. 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, for a manual
ballot at a municipal general 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 
and form
 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
mechanical ballot at municipal general elections, each election officer shall ensure that:
(a) the following endorsements are displayed on the first 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 
and
form
 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.
(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 01. Section 
20A-9-403
 is amended to read:
20A-9-403.
Regular primary elections.
(1) (a) Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people in the
manner prescribed in this section. The regular primary election is held on the date specified in
Section 
20A-1-201.5
. Nothing in this section shall affect a candidate's ability to qualify for a
regular general election's ballot as an unaffiliated candidate under Section 
20A-9-501
 or to
participate in a regular general election as a write-in candidate under Section 
20A-9-601
.
(b) Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the ballot at a
regular general election shall comply with the requirements of this section and shall nominate
the registered political party's candidates for elective office in the manner described in this
section.
(c) A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party or any
other political group and a candidate for elective office who is not nominated in the manner
prescribed in this section or in Subsection 
20A-9-202
(4).
(d) Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i) either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have the names of
the registered political party's candidates for elective office featured on the ballot at the next
regular general election; and
(ii) if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may vote for the
registered political party's candidates and whether individuals identified as unaffiliated with a
political party may vote for the registered political party's candidates.
(b) (i) A registered political party that is a continuing political party shall file the
statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
November 30 of each odd-numbered year.
(ii) An organization that is seeking to become a registered political party under Section
20A-8-103
 shall file the statement described in Subsection (2)(a) at the time that the registered
political party files the petition described in Section 
20A-8-103
.
(3) (a) Except as provided in Subsection (3)(e), an individual who submits a
declaration of candidacy under Section 
20A-9-202
 shall appear as a candidate for elective
office on the regular primary ballot of the registered political party listed on the declaration of
candidacy only if the individual is certified by the appropriate filing officer as having submitted
a set of nomination petitions that was:
(i) circulated and completed in accordance with Section 
20A-9-405
; and
(ii) signed by at least 2% of the registered political party's members who reside in the
political division of the office that the individual seeks.
(b) (i) A candidate for elective office shall submit nomination petitions to the
appropriate filing officer for verification and certification no later than 5 p.m. on the final day
in March.
(ii) A candidate may supplement the candidate's submissions at any time on or before
the filing deadline.
(c) (i) The lieutenant governor shall determine for each elective office the total number
of signatures that must be submitted under Subsection (3)(a)(ii) or 
20A-9-408
(8) by counting
the aggregate number of individuals residing in each elective office's political division who
have designated a particular registered political party on the individuals' voter registration
forms on or before November 15 of each odd-numbered year.
(ii) The lieutenant governor shall publish the determination for each elective office no
later than November 30 of each odd-numbered year.
(d) The filing officer shall:
(i) verify signatures on nomination petitions in a transparent and orderly manner, no
later than 14 days after the day on which a candidate submits the signatures to the filing officer;
(ii) for all qualifying candidates for elective office who submit nomination petitions to
the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
described in Subsection 
20A-9-202
(1)(b);
(iii) consider active and inactive voters eligible to sign nomination petitions;
(iv) consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
registered political party as the individual's party membership on the individual's voter
registration form; and
(v) utilize procedures described in Section 
20A-7-206.3
 to verify submitted nomination
petition signatures, or use statistical sampling procedures to verify submitted nomination
petition signatures in accordance with rules made under Subsection (3)(f).
(e) Notwithstanding any other provision in this Subsection (3), a candidate for
lieutenant governor may appear on the regular primary ballot of a registered political party
without submitting nomination petitions if the candidate files a declaration of candidacy and
complies with Subsection 
20A-9-202
(3).
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, may make rules that:
(i) provide for the use of statistical sampling procedures that:
(A) filing officers are required to use to verify signatures under Subsection (3)(d); and
(B) reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii) provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g) The county clerk shall:
(i) review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii) place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(iii) determine the order 
and form
 of the local board of education candidates' names on
the ballot in accordance with Section 
20A-6-305
.
(4) (a) Before the deadline described in Subsection 
20A-9-409
(4)(c), the lieutenant
governor shall provide to the county clerks:
(i) a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications under Subsection (3), along with
instructions on how those names shall appear on the primary election ballot in accordance with
Section 
20A-6-305
; and
(ii) a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
unopposed candidates from the primary election ballot.
(b) A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary election ballot.
(c) After the county clerk receives the certified list from the lieutenant governor under
Subsection (4)(a), the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day. 
Attest: county clerk."
(5) (a) A candidate who, at the regular primary election, receives the highest number of
votes cast for the office sought by the candidate is:
(i) nominated for that office by the candidate's registered political party; or
(ii) for a nonpartisan local school board position, nominated for that office.
(b) If two or more candidates are to be elected to the office at the regular general
election, those party candidates equal in number to positions to be filled who receive the
highest number of votes at the regular primary election are the nominees of the candidates'
party for those positions.
(c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
(A) no individual other than the candidate receives a certification under Subsection (3)
for the regular primary election ballot of the candidate's registered political party for a
particular elective office; or
(B) for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection (3) for the regular primary
election of the candidate's registered political party does not exceed the total number of
candidates to be elected or nominated for that office.
(ii) A candidate who is unopposed for an elective office in the regular primary election
of a registered political party is nominated by the party for that office without appearing on the
primary election ballot.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other
office that represents more than one county, the governor, lieutenant governor, and attorney
general shall, at a public meeting called by the governor and in the presence of the candidates
involved, select the nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district
court judges of the district in which the county is located shall, at a public meeting called by
the judges and in the presence of the candidates involved, select the nominee by lot cast in
whatever manner the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of the
county or state, in the same manner as for the regular general elections.
(8) An individual may not file a declaration of candidacy for a registered political party
of which the individual is not a member, except to the extent that the registered political party
permits otherwise under the registered political party's bylaws.
Section 11. 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
, in the form
specified under Subsection 
20A-6-305
(5)
) 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.