Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 69 Third Substitute (2023GS)

Sponsor

Rep. Musselman, C.R.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• authorizes a municipal clerk and the lieutenant governor to receive a voter registration form;
• for a voter that changes party affiliation or becomes unaffiliated from a political party, modifies the day the voter can vote in a regular primary or presidential primary election;
• establishes consistent deadlines for various election-related notices;
• modifies the frequency of the lieutenant governor's audit report of the voter registration database;
• modifies the requirements for a printed ballot for municipal primary elections;
• eliminates the requirement to include a ballot proposition insert with an official ballot if the information appearing on the insert is printed on the ballot;
• defines the term "filing officer" to include a state school board;
• specifies the time the filing period begins for a declaration of candidacy;
• requires an election official to notify an opposing candidate and voters when a candidate for elective office is disqualified or withdraws;
• requires a filing officer to notify a candidate if the candidate fails to make a conflict-of-interest disclosure; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ELECTION MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill modifies provisions of the Election Code.
Highlighted Provisions:
This bill:
▸ authorizes a municipal clerk and the lieutenant governor to receive a voter
registration form;
▸ for a voter that changes party affiliation or becomes unaffiliated from a political
party, modifies the day the voter can vote in a regular primary or presidential
primary election;
▸ establishes consistent deadlines for various election-related notices;
▸ modifies the frequency of the lieutenant governor's audit report of the voter
registration database;
▸ modifies the requirements for a printed ballot for municipal primary elections;
▸ eliminates the requirement to include a ballot proposition insert with an official
ballot if the information appearing on the insert is printed on the ballot;
▸ defines the term "filing officer" to include a state school board;
▸ specifies the time the filing period begins for a declaration of candidacy;
▸ requires an election official to notify an opposing candidate and voters when a
candidate for elective office is disqualified or withdraws;
▸ requires a filing officer to notify a candidate if the candidate fails to make a
conflict-of-interest disclosure; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill includes a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-3-208
, as last amended by Laws of Utah 2022, Chapter 151
17-16-6.5
, as last amended by Laws of Utah 2019, Chapter 74
20A-2-102.5
, as last amended by Laws of Utah 2020, Chapter 31
20A-2-107
, as last amended by Laws of Utah 2022, Chapter 170
20A-2-107.5
, as last amended by Laws of Utah 2021, Chapter 430
20A-3a-604
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
20A-4-104
, as last amended by Laws of Utah 2022, Chapter 380
20A-5-101
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
20A-5-403.5
, as last amended by Laws of Utah 2022, Chapter 156
20A-5-405
, as last amended by Laws of Utah 2022, Chapter 170
20A-5-901
, as enacted by Laws of Utah 2022, Chapter 156
20A-6-401
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-209
, as last amended by Laws of Utah 2022, Chapter 251
20A-7-210
, as last amended by Laws of Utah 2019, Chapter 275
20A-7-308
, as last amended by Laws of Utah 2022, Chapter 251
20A-7-508
, as last amended by Laws of Utah 2022, Chapter 251
20A-7-608
, as last amended by Laws of Utah 2022, Chapter 251
20A-9-101
, as last amended by Laws of Utah 2022, Chapters 13, 325
20A-9-201.5
, as enacted by Laws of Utah 2022, Chapter 13
20A-11-206
, as last amended by Laws of Utah 2021, Chapter 20
20A-11-305
, as last amended by Laws of Utah 2021, Chapter 20
20A-11-1305
, as last amended by Laws of Utah 2020, Chapters 22, 31
20A-11-1603
, as last amended by Laws of Utah 2021, Chapter 20
ENACTS:
20A-9-207
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
20A-7-209
, as last amended by Laws of Utah 2022, Chapter 251
20A-7-508
, as last amended by Laws of Utah 2022, Chapter 251
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-208
 is amended to read:
10-3-208.
Campaign finance disclosure in municipal election.
(1) Unless a municipality adopts by ordinance more stringent definitions, the following
are defined terms for purposes of this section:
(a) "Agent of a candidate" means:
(i) a person acting on behalf of a candidate at the direction of the reporting entity;
(ii) a person employed by a candidate in the candidate's capacity as a candidate;
(iii) the personal campaign committee of a candidate;
(iv) a member of the personal campaign committee of a candidate in the member's
capacity as a member of the personal campaign committee of the candidate; or
(v) a political consultant of a candidate.
(b) "Anonymous contribution limit" means for each calendar year:
(i) $50; or
(ii) an amount less than $50 that is specified in an ordinance of the municipality.
(c) (i) "Candidate" means a person who:
(A) files a declaration of candidacy for municipal office; or
(B) receives contributions, makes expenditures, or gives consent for any other person
to receive contributions or make expenditures to bring about the person's nomination or
election to a municipal office.
(ii) "Candidate" does not mean a person who files for the office of judge.
(d) (i) "Contribution" means any of the following when done for political purposes:
(A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to a candidate;
(B) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value to the candidate;
(C) any transfer of funds from another reporting entity to the candidate;
(D) compensation paid by any person or reporting entity other than the candidate for
personal services provided without charge to the candidate;
(E) a loan made by a candidate deposited to the candidate's own campaign; and
(F) an in-kind contribution.
(ii) "Contribution" does not include:
(A) services provided by an individual volunteering a portion or all of the individual's
time on behalf of the candidate if the services are provided without compensation by the
candidate or any other person;
(B) money lent to the candidate by a financial institution in the ordinary course of
business; or
(C) goods or services provided for the benefit of a candidate at less than fair market
value that are not authorized by or coordinated with the candidate.
(e) "Coordinated with" means that goods or services provided for the benefit of a
candidate are provided:
(i) with the candidate's prior knowledge, if the candidate does not object;
(ii) by agreement with the candidate;
(iii) in coordination with the candidate; or
(iv) using official logos, slogans, and similar elements belonging to a candidate.
(f) (i) "Expenditure" means any of the following made by a candidate or an agent of the
candidate on behalf of the candidate:
(A) any disbursement from contributions, receipts, or from an account described in
Subsection (3)(a);
(B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(C) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value for a political purpose;
(D) compensation paid by a candidate for personal services rendered by a person
without charge to a reporting entity;
(E) a transfer of funds between the candidate and a candidate's personal campaign
committee as defined in Section 
20A-11-101
; or
(F) goods or services provided by a reporting entity to or for the benefit of the
candidate for political purposes at less than fair market value.
(ii) "Expenditure" does not include:
(A) services provided without compensation by an individual volunteering a portion or
all of the individual's time on behalf of a candidate; or
(B) money lent to a candidate by a financial institution in the ordinary course of
business.
(g) "In-kind contribution" means anything of value other than money, that is accepted
by or coordinated with a candidate.
(h) (i) "Political consultant" means a person who is paid by a candidate, or paid by
another person on behalf of and with the knowledge of the candidate, to provide political
advice to the candidate.
(ii) "Political consultant" includes a circumstance described in Subsection (1)(h)(i),
where the person:
(A) has already been paid, with money or other consideration;
(B) expects to be paid in the future, with money or other consideration; or
(C) understands that the person may, in the discretion of the candidate or another
person on behalf of and with the knowledge of the candidate, be paid in the future, with money
or other consideration.
(i) "Political purposes" means an act done with the intent or in a way to influence or
tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any candidate or a person seeking a municipal office at any caucus, political
convention, or election.
(j) "Reporting entity" means:
(i) a candidate;
(ii) a committee appointed by a candidate to act for the candidate;
(iii) a person who holds an elected municipal office;
(iv) a party committee as defined in Section 
20A-11-101
;
(v) a political action committee as defined in Section 
20A-11-101
;
(vi) a political issues committee as defined in Section 
20A-11-101
;
(vii) a corporation as defined in Section 
20A-11-101
; or
(viii) a labor organization as defined in Section 
20A-11-1501
.
(2) (a) A municipality may adopt an ordinance establishing campaign finance
disclosure requirements for a candidate that are more stringent than the requirements provided
in Subsections (3) through (7).
(b) The municipality may adopt definitions that are more stringent than those provided
in Subsection (1).
(c) If a municipality fails to adopt a campaign finance disclosure ordinance described
in Subsection (2)(a), a candidate shall comply with financial reporting requirements contained
in Subsections (3) through (7).
(3) Each candidate:
(a) shall deposit a contribution in a separate campaign account in a financial institution;
and
(b) may not deposit or mingle any campaign contributions received into a personal or
business account.
(4) (a) In a year in which a municipal primary is held, each candidate who will
participate in the municipal primary shall file a campaign finance statement with the municipal
clerk or recorder no later than seven days before the day described in Subsection
20A-1-201.5
(2).
(b) Each candidate who is not eliminated at a municipal primary election shall file a
campaign finance statement with the municipal clerk or recorder no later than:
(i) 28 days before the day on which the municipal general election is held;
(ii) seven days before the day on which the municipal general election is held; and
(iii) 30 days after the day on which the municipal general election is held.
(c) Each candidate for municipal office who is eliminated at a municipal primary
election shall file with the municipal clerk or recorder a campaign finance statement within 30
days after the day on which the municipal primary election is held.
(5) If a municipality does not conduct a primary election for a race, each candidate who
will participate in that race shall file a campaign finance statement with the municipal clerk or
recorder no later than:
(a) 28 days before the day on which the municipal general election is held;
(b) seven days before the day on which the municipal general election is held; and
(c) 30 days after the day on which the municipal general election is held.
(6) Each campaign finance statement described in Subsection (4) or (5) shall:
(a) except as provided in Subsection (6)(b):
(i) report all of the candidate's itemized and total:
(A) contributions, including in-kind and other nonmonetary contributions, received up
to and including five days before the campaign finance statement is due, excluding a
contribution previously reported; and
(B) expenditures made up to and including five days before the campaign finance
statement is due, excluding an expenditure previously reported; and
(ii) identify:
(A) for each contribution, the amount of the contribution and the name of the donor, if
known; and
(B) for each expenditure, the amount of the expenditure and the name of the recipient
of the expenditure; or
(b) report the total amount of all contributions and expenditures if the candidate
receives $500 or less in contributions and spends $500 or less on the candidate's campaign.
(7) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds the anonymous contribution limit, and is from a donor whose name is
unknown, a candidate shall disburse the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(8) (a) A municipality may, by ordinance:
(i) provide an anonymous contribution limit less than $50;
(ii) require greater disclosure of contributions or expenditures than is required in this
section; and
(iii) impose additional penalties on candidates who fail to comply with the applicable
requirements beyond those imposed by this section.
(b) A candidate is subject to the provisions of this section and not the provisions of an
ordinance adopted by the municipality under Subsection (8)(a) if:
(i) the municipal ordinance establishes requirements or penalties that differ from those
established in this section; and
(ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
ordinance as required in Subsection (9).
(9) Each municipal clerk or recorder shall, at the time the candidate for municipal
office files a declaration of candidacy, and again 35 days before each municipal general
election, notify the candidate in writing of:
(a) the provisions of statute or municipal ordinance governing the disclosure of
contributions and expenditures;
(b) the dates when the candidate's campaign finance statement is required to be filed;
and
(c) the penalties that apply for failure to file a timely campaign finance statement,
including the statutory provision that requires removal of the candidate's name from the ballot
for failure to file the required campaign finance statement when required.
(10) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
Access and Management Act, the municipal clerk or recorder shall:
(a) make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b) make the campaign finance statement filed by a candidate available for public
inspection by:
(i) (A) posting an electronic copy or the contents of the statement on the municipality's
website no later than seven business days after the statement is filed; and
(B) verifying that the address of the municipality's website has been provided to the
lieutenant governor in order to meet the requirements of Subsection 
20A-11-103
(5); or
(ii) submitting a copy of the statement to the lieutenant governor for posting on the
website established by the lieutenant governor under Section 
20A-11-103
 no later than two
business days after the statement is filed.
(11) (a) If a candidate fails to timely file a campaign finance statement required under
Subsection (4) or (5), the municipal clerk or recorder:
(i) may send an electronic notice to the candidate that states:
(A) that the candidate failed to timely file the campaign finance statement; and
(B) that, if the candidate fails to file the report within 24 hours after the deadline for
filing the report, the candidate will be disqualified; and
(ii) may impose a fine of $50 on the candidate.
(b) The municipal clerk or recorder shall disqualify a candidate and inform the
appropriate election official that the candidate is disqualified if the candidate fails to file a
campaign finance statement described in Subsection (4) or (5) within 24 hours after the
deadline for filing the report.
(c) If a candidate is disqualified under Subsection (11)(b)[
, the election official:
]
, the
election official:
[
(i) (A) shall, if practicable, remove the candidate's name from the ballot by blacking
out the candidate's name before the ballots are delivered to voters; or
]
[
(B) shall, if removing the candidate's name from the ballot is not practicable, inform
the voters by any practicable method that the candidate has been disqualified and that votes
cast for the candidate will not be counted; and
]
[
(ii) may not count any votes for that candidate.
]
(i) shall:
(A) notify every opposing candidate for the municipal office that the candidate is
disqualified;
(B) send an email notification to each voter who is eligible to vote in the municipal
election office race for whom the election official has an email address informing the voter that
the candidate is disqualified and that votes cast for the candidate will not be counted;
(C) post notice of the disqualification on a public website; and
(D) if practicable, remove the candidate's name from the ballot by blacking out the
candidate's name before the ballots are delivered to voters; and
(ii) may not count any votes for that candidate.
(12) An election official may fulfill the requirements described in Subsection (11)(c)(i)
in relation to a mailed ballot, including a military overseas ballot, by including with the ballot a
written notice:
(a) informing the voter that the candidate is disqualified; or
(b) directing the voter to a public website to inform the voter whether a candidate on
the ballot is disqualified.
[
(d)
] 
(13)
 Notwithstanding Subsection (11)(b), a candidate who timely files each
campaign finance statement required under Subsection (4) or (5) is not disqualified if:
[
(i)
] 
(a)
 the statement details accurately and completely the information required under
Subsection (6), except for inadvertent omissions or insignificant errors or inaccuracies; and
[
(ii)
] 
(b)
 the omissions, errors, or inaccuracies are corrected in an amended report or in
the next scheduled report.
[
(e)
] 
(14)
 A candidate for municipal office who is disqualified under Subsection
(11)(b) shall file with the municipal clerk or recorder a complete and accurate campaign
finance statement within 30 days after the day on which the candidate is disqualified.
[
(12)
] 
(15)
 A campaign finance statement required under this section is considered
filed if it is received in the municipal clerk or recorder's office by 5 p.m. on the date that it is
due.
[
(13)
] 
(16)
 (a) A private party in interest may bring a civil action in district court to
enforce the provisions of this section or an ordinance adopted under this section.
(b) In a civil action under Subsection [
(13)(a),
] 
(16)(a),
 the court may award costs and
attorney fees to the prevailing party.
Section 2. Section 
17-16-6.5
 is amended to read:
17-16-6.5.
Campaign financial disclosure in county elections.
(1) (a) A county shall adopt an ordinance establishing campaign finance disclosure
requirements for:
(i) candidates for county office; and
(ii) candidates for local school board office who reside in that county.
(b) The ordinance required by Subsection (1)(a) shall include:
(i) a requirement that each candidate for county office or local school board office
report the candidate's itemized and total campaign contributions and expenditures at least once
within the two weeks before the election and at least once within two months after the election;
(ii) a definition of "contribution" and "expenditure" that requires reporting of
nonmonetary contributions such as in-kind contributions and contributions of tangible things;
(iii) a requirement that the financial reports identify:
(A) for each contribution, the name of the donor of the contribution, if known, and the
amount of the contribution; and
(B) for each expenditure, the name of the recipient and the amount of the expenditure;
(iv) a requirement that a candidate for county office or local school board office
deposit a contribution in a separate campaign account in a financial institution;
(v) a prohibition against a candidate for county office or local school board office
depositing or mingling any contributions received into a personal or business account; and
(vi) a requirement that a candidate for county office who receives a contribution that is
cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
shall, within 30 days after receiving the contribution, disburse the amount of the contribution
to:
(A) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(B) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
institution:
(A) that is not described in Subsection (1)(b)(iv); and
(B) into which or from which a person who, as a candidate for an office, other than a
county office for which the person files a declaration of candidacy or federal office, or as a
holder of an office, other than a county office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(ii) The ordinance required by Subsection (1)(a) shall include a requirement that a
candidate for county office or local school board office include on a financial report filed in
accordance with the ordinance a contribution deposited in or an expenditure made from an
account:
(A) since the last financial report was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(2) If any county fails to adopt a campaign finance disclosure ordinance described in
Subsection (1), candidates for county office, other than community council office, and
candidates for local school board office shall comply with the financial reporting requirements
contained in Subsections (3) through (8).
(3) A candidate for elective office in a county or local school board office:
(a) shall deposit a contribution in a separate campaign account in a financial institution;
and
(b) may not deposit or mingle any contributions received into a personal or business
account.
(4) Each candidate for elective office in any county who is not required to submit a
campaign financial statement to the lieutenant governor, and each candidate for local school
board office, shall file a signed campaign financial statement with the county clerk:
(a) seven days before the date of the regular general election, reporting each
contribution and each expenditure as of 10 days before the date of the regular general election;
and
(b) no later than 30 days after the date of the regular general election.
(5) (a) The statement filed seven days before the regular general election shall include:
(i) a list of each contribution received by the candidate, and the name of the donor, if
known; and
(ii) a list of each expenditure for political purposes made during the campaign period,
and the recipient of each expenditure.
(b) The statement filed 30 days after the regular general election shall include:
(i) a list of each contribution received after the cutoff date for the statement filed seven
days before the election, and the name of the donor; and
(ii) a list of all expenditures for political purposes made by the candidate after the
cutoff date for the statement filed seven days before the election, and the recipient of each
expenditure.
(6) (a) As used in this Subsection (6), "account" means an account in a financial
institution:
(i) that is not described in Subsection (3)(a); and
(ii) into which or from which a person who, as a candidate for an office, other than a
county office for which the person filed a declaration of candidacy or federal office, or as a
holder of an office, other than a county office for which the person filed a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A county office candidate and a local school board office candidate shall include on
any campaign financial statement filed in accordance with Subsection (4) or (5):
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(7) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from a donor whose name is unknown, a county office
candidate shall disburse the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(8) Candidates for elective office in any county, and candidates for local school board
office, who are eliminated at a primary election shall file a signed campaign financial statement
containing the information required by this section not later than 30 days after the primary
election.
(9) Any person who fails to comply with this section is guilty of an infraction.
(10) (a) Counties may, by ordinance, enact requirements that:
(i) require greater disclosure of campaign contributions and expenditures; and
(ii) impose additional penalties.
(b) The requirements described in Subsection (10)(a) apply to a local school board
office candidate who resides in that county.
(11) If a candidate fails to file an interim report due before the election, the county
clerk:
(a) may send an electronic notice to the candidate and the political party of which the
candidate is a member, if any, that states:
(i) that the candidate failed to timely file the report; and
(ii) that, if the candidate fails to file the report within 24 hours after the deadline for
filing the report, the candidate will be disqualified and the political party will not be permitted
to replace the candidate; and
(b) impose a fine of $100 on the candidate.
(12) (a) The county clerk shall disqualify a candidate and inform the appropriate
election officials that the candidate is disqualified if the candidate fails to file an interim report
described in Subsection (11) within 24 hours after the deadline for filing the report.
(b) The political party of a candidate who is disqualified under Subsection (12)(a) may
not replace the candidate.
(c) A candidate who is disqualified under Subsection (12)(a) shall file with the county
clerk a complete and accurate campaign finance statement within 30 days after the day on
which the candidate is disqualified.
(13) If a candidate is disqualified under Subsection (12)(a) [
the election official:
]
, the
election official:
[
(a) (i) shall, if practicable, remove the name of the candidate by blacking out the
candidate's name before the ballots are delivered to voters; or
]
[
(ii) shall, if removing the candidate's name from the ballot is not practicable, inform
the voters by any practicable method that the candidate has been disqualified and that votes
cast for the candidate will not be counted; and
]
[
(b) may not count any votes for that candidate.
]
(a) shall:
(i) notify every opposing candidate for the county office that the candidate is
disqualified;
(ii) send an email notification to each voter who is eligible to vote in the county
election office race for whom the election official has an email address informing the voter that
the candidate is disqualified and that votes cast for the candidate will not be counted;
(iii) post notice of the disqualification on the county's website; and
(iv) if practicable, remove the candidate's name from the ballot by blacking out the
candidate's name before the ballots are delivered to voters; and
(b) may not count any votes for that candidate.
(14) An election official may fulfill the requirement described in Subsection (13)(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
] 
the county's
 website [
that will
] 
to
 inform the voter whether a candidate on the ballot is
disqualified.
(15) A candidate is not disqualified if:
(a) the candidate files the interim reports described in Subsection (11) 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 section except for inadvertent omissions or insignificant errors or inaccuracies;
and
(c) the omissions, errors, or inaccuracies are corrected in an amended report or in the
next scheduled report.
(16) (a) A report is considered timely filed if:
(i) the report is received in the county clerk's office no later than midnight, Mountain
Time, at the end of the day on which the report is due;
(ii) the report is received in the county clerk's office with a United States Postal Service
postmark three days or more before the date that the report was due; or
(iii) the candidate has proof that the report was mailed, with appropriate postage and
addressing, three days before the report was due.
(b) For a county clerk's office that is not open until midnight at the end of the day on
which a report is due, the county clerk shall permit a candidate to file the report via email or
another electronic means designated by the county clerk.
(17) (a) Any private party in interest may bring a civil action in district court to enforce
the provisions of this section or any ordinance adopted under this section.
(b) In a civil action filed under Subsection (17)(a), the court shall award costs and
attorney fees to the prevailing party.
(18) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
Access and Management Act, the county clerk shall:
(a) make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b) make the campaign finance statement filed by a candidate available for public
inspection by:
(i) (A) posting an electronic copy or the contents of the statement on the county's
website no later than seven business days after the statement is filed; and
(B) verifying that the address of the county's website has been provided to the
lieutenant governor in order to meet the requirements of Subsection 
20A-11-103
(5); or
(ii) submitting a copy of the statement to the lieutenant governor for posting on the
website established by the lieutenant governor under Section 
20A-11-103
 no later than two
business days after the statement is filed.
Section 3. Section 
20A-2-102.5
 is amended to read:
20A-2-102.5.
Voter registration deadline.
(1) Except as otherwise provided in Chapter 16, Uniform Military and Overseas Voters
Act, an individual who fails to timely submit a correctly completed voter registration form may
not vote in the election.
(2) The voter registration deadline is as follows:
(a) the voter registration must be received by the county clerk
, the municipal clerk, or
the lieutenant governor
 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 4. Section 
20A-2-107
 is amended to read:
20A-2-107.
Designating or changing party affiliation -- Times permitted.
(1) The county clerk shall:
(a) except as provided in Subsection (3) or [
20A-2-107.5
(1)(c)
] 
20A-2-107.5
(1)(b)
,
record the party affiliation designated by the voter on the voter registration form as the voter's
party affiliation; or
(b) if no political party affiliation is designated by the voter on the voter registration
form:
(i) except as provided in Subsection (1)(b)(ii), record the voter's party affiliation as the
party that the voter designated the last time that the voter designated a party on a voter
registration form, unless the voter more recently registered as "unaffiliated"; or
(ii) record the voter's party affiliation as "unaffiliated" if the voter:
(A) did not previously designate a party;
(B) most recently designated the voter's party affiliation as "unaffiliated"; or
(C) did not previously register.
(2) (a) Any registered voter may designate or change the voter's political party
affiliation by complying with the procedures and requirements of this Subsection (2).
(b) A registered voter may designate or change the voter's political party affiliation by
filing a signed form with the county clerk that identifies the registered political party with
which the voter chooses to affiliate.
(c) Except as provided in Subsection (2)(d), a signed form designating or changing a
voter's political party affiliation takes effect when the county clerk receives the signed form.
(d) In an even-numbered year, a form described in Subsection (2)(c) received by the
county clerk after March 31 takes effect on the day after 
the statewide canvass for
 that year's
regular primary election if the form changes a registered voter's affiliation with one political
party to affiliate with another political party.
(e) Any part of a form described in Subsection (2)(d), other than the voter's designation
or change of political party affiliation, takes effect when the county clerk receives the signed
form.
(f) For purposes of Subsection (2)(d), a signed form described in Subsection (2)(c) is
received by the county clerk on or before March 31 if:
(i) the individual submits the form in person at the county clerk's office no later than 5
p.m. on the last business day before April 1;
(ii) the individual submits the form electronically through the system described in
Section 
20A-2-206
, at or before 11:59 p.m. on March 31; or
(iii) the individual's form is clearly postmarked on or before March 31.
(g) Subsection (2)(d) does not apply to the party affiliation designated by a voter on the
voter registration form if:
(i) the voter has not previously been registered to vote in the state; or
(ii) the voter's most recent party affiliation was changed to "unaffiliated" by a county
clerk under Subsection (3).
(3) If the most recent party affiliation designated by a voter is for a political party that
is no longer a registered political party, the county clerk shall:
(a) change the voter's party affiliation to "unaffiliated"; and
(b) notify the voter electronically or by mail:
(i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
party affiliation designated by the voter is for a political party that is no longer a registered
political party; and
(ii) of the methods and deadlines for changing the voter's party affiliation.
Section 5. Section 
20A-2-107.5
 is amended to read:
20A-2-107.5.
Designating or changing party affiliation -- Regular primary
election and presidential primary election.
(1) At any regular primary election or presidential primary election:
[
(a) each county clerk shall provide change of party affiliation forms to the poll
workers for each voting precinct within the county;
]
[
(b) except as provided in Subsection (1)(c), a registered voter who is classified as
"unaffiliated" may affiliate with a political party by completing the form and giving it to the
poll worker; and
]
[
(c) for an unaffiliated voter who was affiliated with a political party at any time
between April 1 and the date of the regular primary election, a form described in Subsection
(1)(a) takes effect on the day after the regular primary election.
]
(a) a registered voter who is classified as "unaffiliated" may affiliate with a political
party by completing a change of party affiliation form or voter registration form and submitting
the form to the county clerk or a poll worker; and
(b) the party affiliation of a voter who changes party affiliation, or who becomes
unaffiliated from a political party, at any time between April 1 and the date of the regular
primary election, takes effect on the day after the statewide canvass for the regular primary
election.
(2) An unaffiliated voter who affiliates with a political party [
as provided in
] 
under
Subsection [
(1)(b)
] 
(1)(a)
 may vote in that party's primary election.
Section 6. Section 
20A-3a-604
 is amended to read:
20A-3a-604.
Notice of time and place of early voting.
(1) Except as provided in Section 
20A-1-308
 or Subsection 
20A-3a-603
(2), the
election officer shall, at least [
] 
 days before the date of the election, provide notice of the
dates, times, and locations of early voting:
(a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
the county;
(ii) 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, subject to a maximum of 10 notices; or
(iii) by mailing notice to each registered voter in the county;
(b) by posting notice at each early voting polling place;
(c) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for [
] 
 days before the day of the election; and
(d) by posting notice on the county's website for [
] 
 days before the day of the
election.
(2) Instead of specifying all dates, times, and locations of early voting, a notice
required under Subsection (1) may specify 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 7. 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 provide public notice of the time and place of the test:
(i) (A) by publishing notice at least [
hours
] 
days
 before the test in a newspaper of
general circulation in the county, municipality, or jurisdiction where the equipment is used;
(B) 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, subject to a maximum of 10 notices; 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) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for four weeks before the day of the test; and
(iii) if the county, municipality, or jurisdiction has a website, by posting notice 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 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) (a) 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:
(i) make a true replication of the ballot with an identifying serial number;
(ii) substitute the replicated ballot for the damaged or defective ballot;
(iii) label the replicated ballot "replicated"; and
(iv) record the replicated ballot's serial number on the damaged or defective ballot.
(b) The lieutenant governor shall provide to each election officer a standard form on
which the election officer shall maintain a log of all replicated ballots, that includes, for each
ballot:
(i) the serial number described in Subsection (3)(a);
(ii) the identification of the individuals who replicated the ballot;
(iii) the reason for the replication; and
(iv) any other information required by the lieutenant governor.
(c) An election officer shall:
(i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
ballots are replicated;
(ii) at the end of each day during which one or more ballots are replicated, make an
electronic copy of the log; and
(iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
(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) Beginning on the day after the date of the election, if an election officer releases
early unofficial returns or reports the progress of the count for each candidate under Subsection
(4), the election officer shall, with each release or report, disclose an estimate of the total
number of voted ballots in the election officer's custody that have not yet been counted.
(6) 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
.
(7) (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.
(8) (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.
(9) 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.
(10) 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 8. Section 
20A-5-101
 is amended to read:
20A-5-101.
Notice of election.
(1) On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a) designates the offices to be filled at the next year's regular general election;
(b) identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures, as applicable, under Sections 
20A-9-403
, 
20A-9-407
,
and 
20A-9-408
 for those offices; and
(c) contains a description of any ballot propositions to be decided by the voters that
have qualified for the ballot as of that date.
(2) (a) No later than seven business days after the day on which the lieutenant governor
transmits the written notice described in Subsection (1), each county clerk shall provide notice,
in accordance with Subsection (3):
(i) by posting notice in a conspicuous place most likely to give notice of the election to
the voters in each voting precinct within the county;
(ii) (A) by publishing notice in a newspaper of general circulation in the county;
(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 of the election to the
voters in the county, subject to a maximum of 10 notices; or
(C) by mailing notice to each registered voter in the county;
(iii) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days before the day of the election; and
(iv) by posting notice on the county's website for seven days before the day of the
election.
(b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
showing a copy of the notice and the places where the notice was posted.
(3) The notice described in Subsection (2) shall:
(a) designate the offices to be voted on in that election; and
(b) identify the dates for filing a declaration of candidacy for those offices.
(4) Except as provided in Subsection (6), before each election, the election officer shall
give printed notice of the following information:
(a) the date of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct, early voting polling place, and election
day voting center;
(d) 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 any changes to the location of a polling place and the location of any
additional polling place;
(e) a phone number that a voter may call to obtain information regarding the location of
a polling place; and
(f) the qualifications for persons to vote in the election.
(5) The election officer shall provide the notice described in Subsection (4):
(a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
to which the election pertains, at least [
two
] 
five
 days before the day of the election;
(ii) at least [
two
] 
five
 days before the day of the election, by posting one notice, and at
least one additional notice per 2,000 population of the jurisdiction, in places within the
jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
subject to a maximum of 10 notices; or
(iii) by mailing the notice to each registered voter who resides in the jurisdiction to
which the election pertains at least five days before the day of the election;
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for [
two
] 
five
 days before the day of the election; and
(c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
[
two
] 
five
 days before the day of the election.
(6) Instead of including the information described in Subsection (4) in the notice, the
election officer may give printed notice that:
(a) is entitled "Notice of Election";
(b) includes the following: "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election, including
polling places, polling place hours, and qualifications of voters may be obtained from the
following sources:"; and
(c) specifies the following sources where an individual may view or obtain the
information described in Subsection (4):
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction offices; and
(iii) a mailing address and telephone number.
Section 9. Section 
20A-5-403.5
 is amended to read:
20A-5-403.5.
Ballot drop boxes.
(1) An election officer:
(a) shall designate at least one ballot drop box in each municipality and reservation
located in the jurisdiction to which the election relates;
(b) may designate additional ballot drop boxes for the election officer's jurisdiction;
(c) shall clearly mark each ballot drop box as an official ballot drop box for the election
officer's jurisdiction;
(d) shall provide 24-hour video surveillance of each unattended ballot drop box; and
(e) shall post a sign on or near each unattended ballot drop box indicating that the
ballot drop box is under 24-hour video surveillance.
(2) Except as provided in Section 
20A-1-308
 or Subsection (5), the election officer
shall, at least [
] 
 days before the date of the election, provide notice of the location of each
ballot drop box designated under Subsection (1):
(a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
the jurisdiction holding the election;
(ii) 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, subject to a maximum of 10 notices; or
(iii) by mailing notice to each registered voter in the jurisdiction holding the election;
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for [
] 
 days before the day of the election; and
(c) by posting notice on the jurisdiction's website for [
] 
 days before the day of the
election.
(3) Instead of including the location of ballot drop boxes, a notice required under
Subsection (2) may specify 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.
(7) (a) At least two poll workers must be present when a poll worker collects ballots
from a ballot drop box and delivers the ballots to the location where the ballots will be opened
and counted.
(b) An election officer shall ensure that the chain of custody of ballots placed in a
ballot box are recorded and tracked from the time the ballots are removed from the ballot box
until the ballots are delivered to the location where the ballots will be opened and counted.
Section 10. Section 
20A-5-405
 is amended to read:
20A-5-405.
Election officer to provide ballots.
(1) An election officer shall:
(a) provide 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 included on each ballot;
(c) cause any ballot proposition that has qualified for the ballot as provided by law to
be included on each ballot;
(d) ensure that the ballots are prepared and in the possession of the election officer
[
before commencement of voting
] 
at least seven days before the commencement of early voting
as described in Section 
20A-3a-601
;
(e) allow candidates and their agents and the sponsors of ballot propositions that have
qualified for the official ballot to inspect the ballots;
(f) no later than 45 days before the day of the election, make sample ballots available
for inspection, in the same form as official ballots and that contain the same information as
official ballots, by:
(i) posting a copy of the sample ballot in the election officer's office;
(ii) sending a copy of the sample ballot to:
(A) each candidate listed on the ballot; and
(B) the lieutenant governor;
(iii) (A) 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, subject to a maximum of 10 notices;
or
(B) mailing a copy of the sample ballot to each registered voter who resides in the
jurisdiction holding the election;
(iv) posting a copy of the sample ballot on the Utah Public Notice Website, created in
Section 
63A-16-601
; and
(v) if the jurisdiction has a website, posting a copy of the sample ballot on the
jurisdiction's website;
(g) deliver a copy of the sample ballot to poll workers for each polling place and direct
the poll workers to post the sample ballot as required by Section 
20A-5-102
; and
(h) print and deliver, at the expense of the jurisdiction conducting the election, enough
ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
each voting precinct.
(2) Instead of posting the entire sample ballot under Subsection (1)(f)(iii)(A), the
election officer may post 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.
(3) (a) Each election officer shall, without delay, correct any error discovered in any
ballot, if the correction can be made without interfering with the timely distribution of the
ballots.
(b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
not possible to correct the error or omission, the election officer shall direct the poll workers to
make the necessary corrections on the manual ballots before the ballots are distributed.
(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.
(4) (a) If the election officer refuses or fails to correct an error or omission in a ballot, a
candidate or a candidate's agent may file a verified petition with the district court asserting that:
(i) an error or omission has occurred in:
(A) the publication of the name or description of a candidate;
(B) the preparation or display of an electronic ballot; or
(C) the posting of sample ballots or the printing of official manual ballots; and
(ii) the election officer has failed to correct or provide for the correction of the error or
omission.
(b) The district court shall issue an order requiring correction of any error in a 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 or provide for the
correction of the error or omission.
(c) A party aggrieved by the district court's decision may appeal the matter to the Utah
Supreme Court within five days after the day on which the district court enters the decision.
Section 11. Section 
20A-5-901
 is amended to read:
20A-5-901.
Voter registration audit.
(1) The lieutenant governor shall, on at least an annual basis, conduct an audit of the
voter registration database.
(2) The audit shall include:
(a) a random selection of at least .02% of the active registered voters statewide; and
(b) at least one active registered voter from each county.
(3) For each voter selected for the audit, the auditor shall:
(a) verify that the voter is eligible for registration;
(b) verify that the voter's registration information is accurate and supported by the
documentation on file;
(c) verify that there is a signature on file for the voter;
(d) check for duplicate voter registrations; and
(e) search available resources to determine whether the voter is deceased.
(4) The audit report shall identify areas of concern or training needed in response to the
audit findings.
(5) The lieutenant governor shall:
(a) share the audit results with the county clerks and verify that the county clerks
address the concerns and fulfill the training identified under Subsection (4); and
(b) beginning in 2023, report [
biannually
] 
biennially
 to the Government Operations
Interim Committee on the results of the audits conducted under this section.
Section 12. 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 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 13. Section 
20A-7-209
 is amended to read:
20A-7-209.
Short title and summary of initiative -- Duties of lieutenant governor
and Office of Legislative Research and General Counsel.
(1) On or before June 5 before the regular general election, the lieutenant governor
shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
and give it a number as assigned under Section 
20A-6-107
;
(ii) prepare for each initiative:
(A) an impartial short title, not exceeding 25 words, that generally describes the subject
of the initiative; and
(B) an impartial summary of the contents of the measure, not exceeding 125 words;
and
(iii) return each petition, short title, and summary to the lieutenant governor on or
before June 26.
(b) The short title and summary may be distinct from the title of the proposed law
attached to the initiative petition.
(c) If the initiative proposes a tax increase, the Office of Legislative Research and
General Counsel shall include the following statement, in bold, in the summary:
"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.".
(d) [
For
] 
Subject to Subsection (4), for
 each state initiative, the official ballot shall
show, in the following order:
(i) the number of the initiative, determined in accordance with Section 
20A-6-107
;
(ii) the short title; [
and
]
(iii) except as provided in Subsection (2)(e):
(A) the summary;
(B) the text of the proposed law; and
(C) a link to a location on the lieutenant governor's website where a voter may review
additional information relating to each initiative, including the information described in
Subsection 
20A-7-202
(2), the fiscal impact estimate described in Section 
20A-7-202.5
, as
updated under Section 
20A-7-204.1
, and the arguments relating to the initiative that are
included in the voter information pamphlet; and
[
(iii)
] 
(iv)
 the initial fiscal impact estimate prepared under Section 
20A-7-202.5
, as
updated under Section 
20A-7-204.1
.
(e) [
For each ballot that includes an initiative or referendum
] 
Unless the information
described in Subsection (2)(d)(iii) is shown on the official ballot
, the election officer shall
include with the ballot a separate ballot proposition insert that includes the short title and
summary for each initiative [
and referendum
] on the ballot and a link to a location on the
lieutenant governor's website where a voter may review 
the
 additional information [
relating to
each initiative or referendum, including:
] 
described in Subsection (2)(d)(iii)(C).
[
(i) for an initiative, the information described in Subsection 
20A-7-202
(2), the fiscal
impact estimate described in Section 
20A-7-202.5
, as updated, and the arguments relating to
the initiative that are included in the voter information pamphlet; or
]
[
(ii) for a referendum, the information described in Subsection 
20A-7-302
(2) and the
arguments relating to the referendum that are included in the voter information pamphlet.
]
(f) Unless the information described in Subsection (2)(d)(iii) for all initiatives on the
ballot, and the information described in Subsection 
20A-7-308
(2)(c)(iii) for all referenda on the
ballot, is printed on the ballot, the ballot shall include the following statement at the beginning
of the portion of the ballot that includes ballot measures, "The ballot proposition sheet included
with this ballot contains an impartial summary of each initiative and referendum on this ballot,
unless the summary is printed directly on the ballot."
[
(f) For each ballot that includes an initiative or referendum, the ballot shall include the
following statement at the beginning of the portion of the ballot that includes ballot measures,
"The ballot proposition sheet included with this ballot contains an impartial summary of each
initiative and referendum on this ballot."
]
(3) On or before June 27, the lieutenant governor shall mail a copy of the short title and
summary to any sponsor of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
challenge the wording of the short title and summary prepared by the Office of Legislative
Research and General Counsel to the appropriate court.
(ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
notice of the challenge to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; or
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the individual designated to receive notice about any
issues relating to the initiative.
(b) (i) There is a presumption that the short title prepared by the Office of Legislative
Research and General Counsel is an impartial description of the contents of the initiative.
(ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
presumption by clearly and convincingly establishing that the short title is false or biased.
(iii) There is a presumption that the summary prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the initiative.
(iv) The court may not revise the wording of the summary unless the plaintiffs rebut
the presumption by clearly and convincingly establishing that the summary is false or biased.
(c) The court shall:
(i) examine the short title and summary;
(ii) hear arguments; and
(iii) enter an order consistent with the requirements of this section.
(d) The lieutenant governor shall, in accordance with the court's order, certify the short
title and summary to the county clerks for inclusion in the ballot [
and
] 
or
 ballot proposition
insert, as required by this section.
Section 14. Section 
20A-7-210
 is amended to read:
20A-7-210.
Form of ballot -- Manner of voting.
(1) A county clerk shall ensure that the information described in Subsection
20A-7-209
(2)(d) is presented, [
in the order
] 
as
 required, upon the official ballot with,
immediately adjacent to the information, the words "For" and "Against," each word presented
with an adjacent square in which the voter may indicate the voter's vote.
(2) A voter desiring to vote in favor of enacting the law proposed by the initiative
petition shall mark the square adjacent to the word "For," and a voter desiring to vote against
enacting the law proposed by the initiative petition shall mark the square adjacent to the word
"Against."
Section 15. Section 
20A-7-308
 is amended to read:
20A-7-308.
Short title and summary of referendum -- Duties of lieutenant
governor and Office of Legislative Research and General Counsel.
(1) Whenever a referendum petition is declared sufficient for submission to a vote of
the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
the Office of Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state referendum that qualifies for the ballot "Proposition Number __"
and assign a number to the referendum in accordance with Section 
20A-6-107
;
(ii) prepare for each referendum:
(A) an impartial short title, not exceeding 25 words, that generally describes the
measure; and
(B) an impartial summary of the contents of the measure, not exceeding 125 words;
and
(iii) submit the short title and summary to the lieutenant governor within 15 days after
the day on which the Office of Legislative Research and General Counsel receives the petition
under Subsection (1).
(b) The short title and summary may be distinct from the title of the law that is the
subject of the petition.
(c) [
For
] 
Subject to Subjection (4), for
 each state referendum, the official ballot shall
show, in the following order:
(i) the number of the referendum, determined in accordance with Section 
20A-6-107
;
[
and
]
(ii) the short title [
described in this section.
]
; and
(iii) except as provided in Subsection (2)(d):
(A) the summary;
(B) a copy of the law; and
(C) a link to a location on the lieutenant governor's website where a voter may review
additional information relating to each referendum, including the information described in
Subsection 
20A-7-302
(2) and the arguments relating to the referendum that are included in the
voter information pamphlet.
(d) [
For each ballot that includes an initiative or referendum
] 
Unless the information
described in Subsection (2)(c)(iii) is shown on the official ballot
, the election officer shall
include with the ballot a separate ballot proposition insert that includes the short title and
summary for each [
initiative and
] referendum on the ballot and a link to a location on the
lieutenant governor's website where a voter may review 
the
 additional information [
relating to
each initiative or referendum, including:
] 
described in Subsection (2)(c)(iii)(C).
[
(i) for an initiative, the information described in Subsection 
20A-7-202
(2), the fiscal
impact estimate described in Section 
20A-7-202.5
, as updated, and the arguments relating to
the initiative that are included in the voter information pamphlet; or
]
[
(ii) for a referendum, the information described in Subsection 
20A-7-302
(2) and the
arguments relating to the referendum that are included in the voter information pamphlet.
]
(e) Unless the information described in Subsection 
20A-7-209
(2)(d)(iii) for all
initiatives on the ballot, and the information described in Subsection (2)(c)(iii) for all referenda
on the ballot, is printed on the ballot, the ballot shall include the following statement at the
beginning of the portion of the ballot that includes ballot measures, "The ballot proposition
sheet included with this ballot contains an impartial summary of each initiative and referendum
on this ballot, unless the summary is printed directly on the ballot."
[
(e) For each ballot that includes an initiative or referendum, the ballot shall include the
following statement at the beginning of the portion of the ballot that includes ballot measures,
"The ballot proposition sheet included with this ballot contains an impartial summary of each
initiative and referendum on this ballot."
]
(3) Immediately after the Office of Legislative Research and General Counsel submits
the short title and summary to the lieutenant governor, the lieutenant governor shall mail or
email a copy of the short title and summary to any of the sponsors of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, within 15 days after the day
on which the lieutenant governor mails the short title and summary, challenge the wording of
the short title and summary prepared by the Office of Legislative Research and General
Counsel to the appropriate court.
(ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
notice of the appeal to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; and
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the referendum.
(b) (i) There is a presumption that the short title prepared by the Office of Legislative
Research and General Counsel is an impartial description of the contents of the referendum.
(ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
presumption by clearly and convincingly establishing that the short title is false or biased.
(iii) There is a presumption that the summary prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the measure.
(iv) The court may not revise the wording of the summary unless the plaintiffs rebut
the presumption by clearly and convincingly establishing that the summary is false or biased.
(c) The court shall:
(i) examine the short title and summary;
(ii) hear arguments; and
(iii) enter an order consistent with the requirements of this section.
(d) The lieutenant governor shall, in accordance with the court's order, certify the short
title and summary to the county clerks for inclusion in the ballot or ballot proposition insert, as
required by this section.
Section 16. Section 
20A-7-508
 is amended to read:
20A-7-508.
Short title and summary of initiative -- Duties of local clerk and local
attorney.
(1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the
petition and the proposed law to the local attorney.
(2) The local attorney shall:
(a) entitle each county or municipal initiative that has qualified for the ballot
"Proposition Number __" and give it a number as assigned under Section 
20A-6-107
;
(b) prepare for the initiative:
(i) an impartial short title, not exceeding 25 words, that generally describes the subject
of the initiative; and
(ii) an impartial summary of the contents of the measure, not exceeding 125 words;
(c) file the proposed short title, summary, and the numbered initiative titles with the
local clerk within 20 days after the day on which an eligible voter submits the initiative petition
to the local clerk; and
(d) promptly provide notice of the filing of the proposed short title and summary to:
(i) the sponsors of the petition; and
(ii) the local legislative body for the jurisdiction where the initiative petition was
circulated.
(3) (a) The short title and summary may be distinct from the title of the proposed law
attached to the initiative petition.
(b) In preparing a short title, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial description of the subject of the initiative.
(c) In preparing a summary, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial summary of the contents of the measure.
(d) The short title and summary may not intentionally be an argument, or likely to
create prejudice, for or against the measure.
(e) If the initiative proposes a tax increase, the local attorney shall include the
following statement, in bold, in the summary:
"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.".
(4) (a) Within five calendar days after the date the local attorney files a proposed short
title and summary under Subsection (2)(c), the local legislative body for the jurisdiction where
the initiative petition was circulated and the sponsors of the petition may file written comments
in response to the proposed short title and summary with the local clerk.
(b) Within five calendar days after the last date to submit written comments under
Subsection (4)(a), the local attorney shall:
(i) review any written comments filed in accordance with Subsection (4)(a);
(ii) prepare a final short title and summary that meets the requirements of Subsection
(3); and
(iii) return the petition and file the short title and summary with the local clerk.
(c) Subject to Subsection (6)[
:
]
, for each county or municipal initiative, the following
shall be printed on the official ballot:
(i) the short title[
, as determined by the local attorney, shall be printed on the official
ballot
]; and
(ii) except as provided in Subsection (4)(d):
(A) the summary;
(B) a copy of the proposed law; and
(C) a link to a location on the election officer's website where a voter may review
additional information relating to each initiative, including the information described in
Subsection 
20A-7-502
(2), the fiscal impact estimate described in Section 
20A-7-502.5
, as
updated, and the arguments relating to the initiative that are included in the local voter
information pamphlet.
[
(ii)
] 
(d)
 [
for each ballot that includes an initiative or referendum,
] 
Unless the
information described in Subsection (4)(c)(ii) is printed on the official ballot,
 the election
officer shall include with the ballot a separate ballot proposition insert that includes the short
title and summary for each initiative [
and referendum
] on the ballot and a link to a location on
the election officer's website where a voter may review 
the
 additional information [
relating to
each initiative or referendum, including:
] 
described in Subsection (4)(c)(ii)(C).
[
(A) for an initiative, the information described in Subsection 
20A-7-502
(2), the fiscal
impact estimate described in Section 
20A-7-502.5
, as updated, and the arguments relating to
the initiative that are included in the local voter information pamphlet; or
]
[
(B) for a referendum, the information described in Subsection 
20A-7-602
(2) and the
arguments relating to the referendum that are included in the local voter information pamphlet.
]
(e) Unless the information described in Subsection (4)(c)(ii) for all initiatives on the
ballot, and the information described in Subsection 
20A-7-608
(4)(c)(ii) for all referenda on the
ballot, is printed on the ballot, the ballot shall include the following statement at the beginning
of the portion of the ballot that includes ballot measures, "The ballot proposition sheet included
with this ballot contains an impartial summary of each initiative and referendum on this ballot,
unless the summary is printed directly on the ballot."
[
(d) For each ballot that includes an initiative or referendum, the ballot shall include
the following statement at the beginning of the portion of the ballot that includes ballot
measures, "The ballot proposition sheet included with this ballot contains an impartial
summary of each initiative and referendum on this ballot."
]
(5) Immediately after the local attorney files a copy of the short title and summary with
the local clerk, the local clerk shall serve a copy of the short title and summary by mail upon
the sponsors of the petition and the local legislative body for the jurisdiction where the
initiative petition was circulated.
(6) (a) If the short title or summary furnished by the local attorney is unsatisfactory or
does not comply with the requirements of this section, the decision of the local attorney may be
appealed to the appropriate court by:
(i) at least three sponsors of the initiative petition; or
(ii) a majority of the local legislative body for the jurisdiction where the initiative
petition was circulated.
(b) The court:
(i) shall examine the short title and summary and consider arguments; and
(ii) enter an order consistent with the requirements of this section.
(c) The local clerk shall include the short title and summary in the ballot or ballot
proposition insert, as required by this section.
Section 17. Section 
20A-7-608
 is amended to read:
20A-7-608.
Short title and summary of referendum -- Duties of local clerk and
local attorney.
(1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
petition and the proposed law to the local attorney.
(2) The local attorney shall:
(a) entitle each county or municipal referendum that qualifies for the ballot
"Proposition Number __" and give the referendum a number assigned in accordance with
Section 
20A-6-107
;
(b) prepare for the referendum:
(i) an impartial short title, not exceeding 25 words, that generally describes the subject
of the measure; and
(ii) an impartial summary of the contents of the measure, not exceeding 125 words;
(c) file the proposed short title, summary, and the numbered referendum title with the
local clerk within 20 days after the day on which an eligible voter submits the referendum
petition to the local clerk; and
(d) promptly provide notice of the filing of the proposed short title and summary to:
(i) the sponsors of the petition; and
(ii) the local legislative body for the jurisdiction where the referendum petition was
circulated.
(3) (a) The short title and summary may be distinct from the title of the law that is the
subject of the petition.
(b) In preparing a short title, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial description of the subject of the measure.
(c) In preparing a summary, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial summary of the contents of the measure.
(d) The short title and summary may not intentionally be an argument, or likely to
create prejudice, for or against the measure.
(4) (a) Within five calendar days after the day on which the local attorney files a
proposed short title and summary under Subsection (2)(c), the local legislative body for the
jurisdiction where the referendum petition was circulated and the sponsors of the petition may
file written comments in response to the proposed short title and summary with the local clerk.
(b) Within five calendar days after the last date to submit written comments under
Subsection (4)(a), the local attorney shall:
(i) review any written comments filed in accordance with Subsection (4)(a);
(ii) prepare a final short title and summary that meets the requirements of Subsection
(3); and
(iii) return the petition and file the short title and summary with the local clerk.
(c) Subject to Subsection (6)[
:
]
, for each county or municipal referendum, the
following shall be printed on the official ballot:
(i) the short title[
, as determined by the local attorney, shall be printed on the official
ballot
]; and
(ii) except as provided in Subsection (4)(d):
(A) the summary;
(B) a copy of the ordinance, resolution, or written description of the local law; and
(C) a link to a location on the election officer's website where a voter may review
additional information relating to each referendum, including the information described in
Subsection 
20A-7-602
(2) and the arguments relating to the referendum that are included in the
local voter information pamphlet.
[
(ii)
] 
(d)
 [
for each ballot that includes an initiative or referendum
] 
Unless the
information described in Subsection (4)(c)(ii) is printed on the official ballot
, the election
officer shall include with the ballot a separate ballot proposition insert that includes the short
title and summary for each [
initiative and
] referendum on the ballot and a link to a location on
the election officer's website where a voter may review 
the
 additional information [
relating to
each initiative or referendum, including:
] 
described in Subsection (4)(c)(ii)(C).
[
(A) for an initiative, the information described in Subsection 
20A-7-502
(2), the fiscal
impact estimate described in Section 
20A-7-502.5
, as updated, and the arguments relating to
the initiative that are included in the local voter information pamphlet; or
]
[
(B) for a referendum, the information described in Subsection 
20A-7-602
(2) and the
arguments relating to the referendum that are included in the local voter information pamphlet.
]
(e) Unless the information described in Subsection 
20A-7-508
(4)(c)(ii) for all
initiatives on the ballot, and the information described in Subsection (4)(c)(ii) for all referenda
on the ballot, is printed on the ballot, the ballot shall include the following statement at the
beginning of the portion of the ballot that includes ballot measures, "The ballot proposition
sheet included with this ballot contains an impartial summary of each initiative and referendum
on this ballot, unless the summary is printed directly on the ballot."
[
(d) For each ballot that includes an initiative or referendum, the ballot shall include
the following statement at the beginning of the portion of the ballot that includes ballot
measures, "The ballot proposition sheet included with this ballot contains an impartial
summary of each initiative and referendum on this ballot."
]
(5) Immediately after the local attorney files a copy of the short title and summary with
the local clerk, the local clerk shall serve a copy of the short title and summary by mail upon
the sponsors of the petition and the local legislative body for the jurisdiction where the
referendum petition was circulated.
(6) (a) If the short title or summary furnished by the local attorney is unsatisfactory or
does not comply with the requirements of this section, the decision of the local attorney may be
appealed to the appropriate court by:
(i) at least three sponsors of the referendum petition; or
(ii) a majority of the local legislative body for the jurisdiction where the referendum
petition was circulated.
(b) The court:
(i) shall examine the short title and summary and consider the arguments; and
(ii) enter an order consistent with the requirements of this section.
(c) The local clerk shall include the short title and summary in the ballot or ballot
proposition insert, as required by this section.
Section 18. Section 
20A-9-101
 is amended to read:
20A-9-101.
Definitions.
As used in this chapter:
(1) (a) "Candidates for elective office" means persons who file a declaration of
candidacy under Section 
20A-9-202
 to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b) "Candidates for elective office" does not mean candidates for:
(i) justice or judge of court of record or not of record;
(ii) presidential elector;
(iii) any political party offices; and
(iv) municipal or local district offices.
(2) "Constitutional office" means the state offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(3) "Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4) (a) "County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b) "County office" does not mean:
(i) the office of justice or judge of any court of record or not of record;
(ii) the office of presidential elector;
(iii) any political party offices;
(iv) any municipal or local district offices; and
(v) the office of United States Senator and United States Representative.
(5) "Electronic candidate qualification process" means:
(a) as it relates to a registered political party that is not a qualified political party, the
process for gathering signatures electronically to seek the nomination of a registered political
party, described in:
(i) Section 
20A-9-403
;
(ii) Section 
20a-9-405
, except Subsections 
20A-9-405
(3) and (5); and
(iii) Section 
20A-21-201
; and
(b) as it relates to a qualified political party, the process, for gathering signatures
electronically to seek the nomination of a registered political party, described in:
(i) Section 
20A-9-405
, except Subsections 
20A-9-405
(3) and (5);
(ii) Section 
20A-9-408
; and
(iii) Section 
20A-21-201
.
(6) "Federal office" means an elective office for United States Senator and United
States Representative.
(7) "Filing officer" means:
(a) the lieutenant governor, for:
(i) the office of United States Senator and United States Representative; and
(ii) all constitutional offices;
(b) for the office of a state senator
,
 [
or
] state representative, 
or state school board,
 the
lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
(c) the county clerk, for county offices and local school district offices;
(d) the county clerk in the filer's county of residence, for multicounty offices;
(e) the city or town clerk, for municipal offices; or
(f) the local district clerk, for local district offices.
(8) "Local district office" means an elected office in a local district.
(9) "Local government office" includes county offices, municipal offices, and local
district offices and other elective offices selected by the voters from a political division entirely
within one county.
(10) "Manual candidate qualification process" means the process for gathering
signatures to seek the nomination of a registered political party, using paper signature packets
that a signer physically signs.
(11) (a) "Multicounty office" means an elective office where the officeholder is
selected by the voters from more than one county.
(b) "Multicounty office" does not mean:
(i) a county office;
(ii) a federal office;
(iii) the office of justice or judge of any court of record or not of record;
(iv) the office of presidential elector;
(v) any political party offices; or
(vi) any municipal or local district offices.
(12) "Municipal office" means an elective office in a municipality.
(13) (a) "Political division" means a geographic unit from which an officeholder is
elected and that an officeholder represents.
(b) "Political division" includes a county, a city, a town, a local district, a school
district, a legislative district, and a county prosecution district.
(14) "Qualified political party" means a registered political party that:
(a) (i) permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii) provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(b) does not hold the registered political party's convention before the fourth Saturday
in March of an even-numbered year;
(c) permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the nomination by
either or both of the following methods:
(i) seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section 
20A-9-407
; or
(ii) seeking the nomination by collecting signatures, in accordance with the provisions
of Section 
20A-9-408
; and
(d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor
that, for the election in the following year, the registered political party intends to nominate the
registered political party's candidates in accordance with the provisions of Section 
20A-9-406
;
or
(ii) if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section 
20A-8-103
 that, for
the next election, the registered political party intends to nominate the registered political
party's candidates in accordance with the provisions of Section 
20A-9-406
.
(15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
registered political party, means:
(a) when using the manual candidate qualification process, a holographic signature
collected physically on a nomination petition described in Subsection 
20A-9-405
(3); or
(b) when using the electronic candidate qualification process:
(i) an electronic signature collected under Subsection 
20A-21-201
(6)(c)(ii)(A); or
(ii) a holographic signature collected electronically under Subsection
20A-21-201
(6)(c)(ii)(B).
Section 19. Section 
20A-9-201.5
 is amended to read:
20A-9-201.5.
Declaration of candidacy filing period for a qualified political party.
(1) In 2022, for a qualified political party, the filing period to file a declaration of
candidacy for an elective office that is to be filled at the next regular general election begins at
8 a.m. on February 28, 2022, and ends at 5 p.m. on March 4, 2022.
(2) Beginning on January 1, 2024, for a qualified political party, the filing period to file
a declaration of candidacy for an elective office that is to be filled at the next regular general
election:
(a) begins 
at 8:00 a.m. on
 the later of:
(i) January 2 of the year in which the next regular general election is held; or
(ii) if January 2 is [
on a weekend
] 
not a business day
, the first business day after
January 2; and
(b) ends at 5 p.m. on the fourth business day after the day on which the filing period
begins.
Section 20. Section 
20A-9-207
 is enacted to read:
 20A-9-207.
Withdrawal of candidacy -- Notice.
As used in this section:
(1) "Public office" means the offices of governor, lieutenant governor, attorney general,
state auditor, state treasurer, state senator, state representative, state school board, or an elective
office of a local political subdivision.
(2) "Public office candidate" means a person who files a declaration of candidacy for a
public office.
(3) If a public office candidate withdraws as a candidate, the election officer shall:
(a) notify every opposing candidate for the public office that the public office candidate
has withdrawn;
(b) send an email notification to each voter who is eligible to vote in the public office
race for whom the election officer has an email address informing the voter that the public
office candidate has withdrawn and that votes cast for the public office candidate will not be
counted;
(c) post notice of the withdrawal on a public website; and
(d) if practicable, remove the public office candidate's name from the ballot.
(4) An election officer may fulfill the requirement described in Subsection (3) in
relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a
written notice:
(a) informing the voter that the candidate has withdraw; or
(b) directing the voter to a public website to inform the voter whether a candidate on
the ballot has withdrawn.
Section 21. 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
(2)(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
(2)(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
] 
officer
 shall:
[
(i)
] 
(a)
 [
remove the state office candidate's name from the ballot; or
] 
notify every
opposing candidate for the state office that the state office candidate is disqualified;
[
(ii)
] 
(b)
 [
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.
] 
send an email
notification to each voter who is eligible to vote in the state office race for whom the lieutenant
governor has an email address informing the voter that the state office candidate is disqualified
and that votes cast for the state office candidate will not be counted;
(c) post notice of the disqualification on the lieutenant governor's website; and
(d) if practicable, remove the state office candidate's name from the ballot.
[
(b)
] 
(5)
 An election [
official
] 
officer
 may fulfill the requirement described in
Subsection [
(4)(a)
] 
(4)
 in relation to a mailed ballot, including a military or overseas ballot, by
including with the ballot a written notice directing the voter to [
a public website that will
inform the voter
] 
the lieutenant governor's website to inform the voter
 whether a candidate on
the ballot is disqualified.
[
(5)
] 
(6)
 A state office candidate is not disqualified if:
(a) the state office candidate timely files the reports described in Subsections
20A-11-204
(2)(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)
] 
(6)(b)
 are
corrected in an amended report or the next scheduled report.
[
(6)
] 
(7)
 (a) Within 60 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)
] 
(7)
.
(ii) Each state office candidate who violates Subsection [
(6)(c)(i)
] 
(7)(c)(i)
 is guilty of
a class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection [
(6)(c)(i)
] 
(7)(c)(i)
to the attorney general.
(iv) In addition to the criminal penalty described in Subsection [
(6)(c)(ii)
] 
(7)(c)(ii)
, the
lieutenant governor shall impose a civil fine of $100 against a state office candidate who
violates Subsection [
(6)(c)(i)
] 
(7)(c)(i)
.
Section 22. 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
(2)(b) through (d), 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
(2)(b) through (d) 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)
] 
(a)
 [
remove the legislative office candidate's name from the ballot; or
] 
notify every
opposing candidate for the legislative office that the legislative office candidate is disqualified;
[
(ii)
] 
(b)
 [
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.
] 
send an email notification to each voter who is eligible to vote in the legislative
office race for whom the election officer has an email address informing the voter that the
legislative office candidate is disqualified and that votes cast for the legislative office candidate
will not be counted;
(c) post notice of the disqualification on the election officer's website; and
(d) if practicable, remove the legislative office candidate's name from the ballot.
[
(b)
] 
(5)
 An election [
official
] 
officer
 may fulfill the requirement described in
Subsection [
(4)(a)
] 
(4)
 in relation to a mailed ballot, including a military or overseas ballot, by
including with the ballot a written notice directing the voter to [
a public website that will
inform the voter
] 
the election officer's website to inform the voter
 whether a candidate on the
ballot is disqualified.
[
(5)
] 
(6)
 A legislative office candidate is not disqualified if:
(a) the legislative office candidate files the reports described in Subsections
20A-11-303
(2)(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)
] 
(6)(b)
 are
corrected in an amended report or the next scheduled report.
[
(6)
] 
(7)
 (a) Within 60 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)
] 
(7)
.
(ii) Each legislative office candidate who violates Subsection [
(6)(c)(i)
] 
(7)(c)(i)
 is
guilty of a class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection [
(6)(c)(i)
] 
(7)(c)(i)
 to the attorney general.
(iv) In addition to the criminal penalty described in Subsection [
(6)(c)(ii)
] 
(7)(c)(ii)
, the
lieutenant governor shall impose a civil fine of $100 against a legislative office candidate who
violates Subsection [
(6)(c)(i)
] 
(7)(c)(i)
.
Section 23. 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)
] 
(a)
 [
remove the school board office candidate's name from the ballot; or
] 
notify
every opposing candidate for the school board office that the school board office candidate is
disqualified;
[
(ii)
] 
(b)
 [
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.
] 
send an email notification to each voter who is eligible to vote in the school board
office race for whom the election officer has an email address informing the voter that the
school board office candidate is disqualified and that votes cast for the school board office
candidate will not be counted;
(c) post notice of the disqualification on the election officer's website; and
(d) if practicable, remove the school board office candidate's name from the ballot.
[
(b)
] 
(5)
 An election officer may fulfill the requirement described in Subsection [
(4)(a)
]
(4)
 in relation to a mailed ballot, including a military or overseas ballot, by including with the
ballot a written notice directing the voter to [
a public website that will inform the voter
] 
the
election officer's website to inform the voter
 whether a candidate on the ballot is disqualified.
[
(5)
] 
(6)
 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)
] 
(6)(b)
 are
corrected in an amended report or the next scheduled report.
[
(6)
] 
(7)
 (a) Within 60 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)
] 
(7)(b)
 from the lieutenant governor.
(ii) Each school board office candidate who violates Subsection [
(6)(c)(i)
] 
(7)(c)(i)
 is
guilty of a class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection [
(6)(c)(i)
] 
(7)(c)(i)
 to the attorney general.
(iv) In addition to the criminal penalty described in Subsection [
(6)(c)(ii)
] 
(7)(c)(ii)
, the
lieutenant governor shall impose a civil fine of $100 against a school board office candidate
who violates Subsection [
(6)(c)(i)
] 
(7)(c)(i)
.
Section 24. Section 
20A-11-1603
 is amended to read:
20A-11-1603.
Conflict of interest disclosure -- Required when filing for candidacy
-- Public availability.
(1) (a) Except as provided in Subsection [
(1)(b)
] 
(1)(c)
, candidates seeking the
following offices shall make a complete conflict of interest disclosure on the website at the
time of filing a declaration of candidacy:
(i) state constitutional officer;
(ii) state legislator; or
(iii) State Board of Education member.
(b) A candidate who fails to comply with Subsection (1)(a) shall make a complete
conflict of interest disclosure on the website no later than 5:00 p.m. on January 10.
[
(b)
] 
(c)
 A candidate is not required to comply with Subsection (1)(a) if the candidate:
(i) currently holds the office for which the candidate is seeking reelection;
(ii) already, that same year, filed the conflict of interest disclosure for the office
described in Subsection [
(1)(b)(i)
] 
(1)(c)(i)
, in accordance Section 
20A-11-1604
; and
(iii) at the time the candidate files the declaration of candidacy, indicates, in writing,
that the conflict of interest disclosure described in Subsection [
(1)(b)(ii)
] 
(1)(c)(ii)
 is updated
and accurate as of the date of filing the declaration of candidacy.
(2) Except as provided in Subsection [
(1)(b)
] 
(1)(c)
, a filing officer
:
(a) shall provide electronic notice to a candidate who fails to comply with Subsection
(1)(a) that the candidate must make a complete conflict of interest disclosure on the website no
later than the deadline described in Subsection (1)(b); and
(b)
 may not accept a declaration of candidacy for an office listed in Subsection (1)(a)
until the candidate makes a complete conflict of interest disclosure on the website.
(3) The conflict of interest disclosure described in Subsection (1)(a) shall contain the
same requirements and shall be in the same format as the conflict of interest disclosure
described in Section 
20A-11-1604
.
(4) The lieutenant governor shall make the complete conflict of interest disclosure
made by each candidate available for public inspection on the website.
Section 25. 
 Coordinating H.B. 69 with H.B. 38 -- Substantive and technical
amendments.
If this H.B. 69 and H.B. 38, Initiative and Referendum Modifications, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication as follows:
(1) in H.B. 69 Subsection 
20A-7-209
(2)(d)(iii)(C), replace "the fiscal impact estimate" with
"the initial fiscal impact statement"; and
(2) in H.B. 69 Subsection 
20A-7-508
(4)(c)(ii)(C), replace "the fiscal impact estimate" with "the
initial fiscal impact and legal statement".