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94
10-3-301
17-62-201
17-62-202
17B-1-305
17B-1-306
17B-1-1001
17B-1-1003
20A-1-102
20A-1-206
20A-1-501
20A-1-503
20A-2-107
20A-2-504
20A-2-505
20A-3a-202
20A-3a-603
20A-3a-604
20A-4-104
20A-4-202
20A-4-304
20A-5-102
20A-5-103
20A-5-409
20A-5a-101
20A-5a-102
20A-5-101
20A-5a-202
20A-5a-203
20A-5a-204
20A-5a-205
20A-5a-206
20A-5a-207
20A-5a-208
20A-9-701
20A-5a-210
20A-5a-211
20A-5a-212
20A-5a-213
20A-5a-301
20A-5a-302
20A-5a-303
20A-5a-304
20A-5a-305
20A-5a-306
20A-5a-307
20A-5a-308
20A-5a-309
20A-5a-310
20A-5a-311
20A-5a-312
20A-5a-401
20A-5a-402
20A-6-109
20A-6-110
20A-6-301
20A-6-302
20A-6-304
20A-6-401
20A-6-401.1
20A-6-402
20A-9-101
20A-9-201
20A-9-201.5
20A-9-202
20A-9-203
20A-9-403
20A-9-406
20A-9-407
20A-9-408
20A-9-409
20A-14-103
67-1a-7
0
Elections Provisions Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill amends provisions relating to elections.
Highlighted Provisions:
This bill:
defines terms;
modifies the conditions and requirements for a ballot to list a candidate using a variation
of the candidate's name or a nickname;
modifies, consolidates, recodifies, and adds provisions relating to:
notices of offices to be filled at upcoming elections;
notices of candidate filing periods;
notices of candidates to be included on a ballot and other instructions relating to a
ballot;
notices of election; and
other notices relating to elections;
modifies certain declaration of candidacy periods:
to coincide with the declaration of candidacy periods for municipal primary elections
and municipal general elections; and
to make declaration of candidacy periods for all registered political parties the same,
regardless of whether the registered political party is a qualified political party;
beginning on January 1, 2027, prohibits a county clerk's or election officer's name from:
inclusion in the official endorsement for a ballot;
inclusion on a return envelope for a ballot; or
inclusion on a ballot, except to the extent that the county clerk or election officer is
listed as a candidate on the ballot;
modifies certain deadlines set at a specific date to instead occur on a business day;
modifies and consolidates provisions relating to removing the names of deceased
individuals from the list of registered voters;
modifies requirements relating to the storage of election material, ballots, and election
returns;
modifies the deadline to file an objection to a declaration of candidacy;
modifies and removes inconsistent provisions relating to participation in a regular
primary election;
grants rulemaking authority to the Office of the Lieutenant Governor to regulate the use
and application of the Great Seal of the State of Utah or a replica of the seal;
modifies and clarifies provisions relating to the crime of illegally using or defacing the
Great Seal of the State of Utah; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-3-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 90, 448
17-62-201
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
17-62-202
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
17B-1-306
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 39, 161
17B-1-1001
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 388
17B-1-1003
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 15,
174
20A-1-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-1-206
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 448
20A-1-501
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 16
20A-1-503
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 90, 448
20A-2-107
Effective
05/06/26
, as last amended by Laws of Utah 2025, Second Special
Session, Chapter 2
20A-2-504
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 448
20A-2-505
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-3a-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-3a-603
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 381
20A-3a-604
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 448
20A-4-104
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-4-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-4-304
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-6-109
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 39
20A-6-110
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 39
20A-6-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-302
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-6-304
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 136
20A-6-401
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-401.1
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-402
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 39
20A-9-101
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 15, 45
20A-9-201
Effective
05/06/26
, as last amended by Laws of Utah 2025, Second Special
Session, Chapter 2
20A-9-201.5
Effective
05/06/26
, as last amended by Laws of Utah 2025, Second
Special Session, Chapter 2
20A-9-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 448
20A-9-203
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 38, 39
and 448
20A-9-403
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-9-406
Effective
05/06/26
, as last amended by Laws of Utah 2025, Second Special
Session, Chapter 2
20A-9-407
Effective
05/06/26
, as last amended by Laws of Utah 2025, Second Special
Session, Chapter 2
20A-9-408
Effective
05/06/26
, as last amended by Laws of Utah 2025, Second Special
Session, Chapter 2
20A-9-409
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 16
20A-14-103
Effective
05/06/26
, as last amended by Laws of Utah 2021, Second
Special Session, Chapter 10
67-1a-7
Effective
05/06/26
, as enacted by Laws of Utah 1984, Chapter 68
ENACTS:
20A-5a-101
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-102
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-202
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-203
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-204
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-205
Effective
upon governor's approval
, Utah Code Annotated 1953
20A-5a-206
Effective
upon governor's approval
, Utah Code Annotated 1953
20A-5a-207
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-208
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-210
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-211
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-212
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-213
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-301
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-302
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-303
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-304
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-305
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-306
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-307
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-308
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-309
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-310
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-311
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-312
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-401
Effective
05/06/26
, Utah Code Annotated 1953
20A-5a-402
Effective
05/06/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
20A-5-401.1
Effective
05/06/26
, (Renumbered from 20A-5-102, as last amended by
Laws of Utah 2025, Chapter 381)
20A-5-401.2
Effective
05/06/26
, (Renumbered from 20A-5-103, as last amended by
Laws of Utah 1997, Chapter 183)
20A-5a-201
Effective
05/06/26
, (Renumbered from 20A-5-101, as last amended by
Laws of Utah 2025, Chapter 448)
20A-5a-209
Effective
05/06/26
, (Renumbered from 20A-9-701, as last amended by
Laws of Utah 2015, Chapter 296)
REPEALS:
17B-1-305
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 15
20A-5-409
Effective
05/06/26
, as last amended by Laws of Utah 2011, Chapter 327
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-3-301
is amended to read:
10-3-301
Effective
05/06/26
. Notice of offices to be filled and declaration of
candidacy period -- Eligibility and residency requirements for elected municipal office --
Mayor and recorder limitations.
(1)
As used in this section:
(a)
"Absent" means that an elected municipal officer fails to perform official duties,
including the officer's failure to attend each regularly scheduled meeting that the
officer is required to attend.
(b)
"Principal place of residence" means the same as that term is defined in Section
20A-2-105
.
(c)
"Secondary residence" means a place where an individual resides other than the
individual's principal place of residence.
(2)
(a)
On or before May 1 in a year in which there is a municipal general election, the
municipal clerk shall publish a notice that identifies:
(i)
the municipal offices to be voted on in the municipal general election; and
(ii)
the dates for filing a declaration of candidacy for the offices identified under
Subsection
(2)(a)(i)
.
(b)
The municipal clerk shall publish the notice described in Subsection
(2)(a)
for the
municipality, as a class A notice under Section
63G-30-102
, for at least seven days.
(2)
A municipality shall comply with Sections
20A-5a-301
and
20A-5a-303
to provide
notice regarding:
(a)
the offices to be voted on at the upcoming election; and
(b)
the declaration of candidacy filing period.
(3)
(a)
An individual who files a declaration of candidacy for a municipal office shall:
(i)
comply with the requirements described in Section
20A-9-203
; and
(ii)
file the conflict of interest disclosure statement described in Section
10-3-301.5
.
(b)
(i)
Except as provided in Subsection
(3)(b)(ii)
, the city recorder or town clerk of
each municipality shall maintain office hours from 8 a.m. to 5 p.m. during the
filing period described in Subsection
20A-9-203(3)(d)
, unless the date occurs on a:
(A)
Saturday or Sunday; or
(B)
state holiday as listed in Section
63G-1-301
.
(ii)
If on a regular basis a city recorder or town clerk maintains an office schedule
that is less than 40 hours per week, the city recorder or town clerk may comply
with Subsection
(3)(b)(i)
without maintaining office hours by:
(A)
posting the recorder's or clerk's contact information, including a phone
number and email address, on the recorder's or clerk's office door, the main
door to the municipal offices, and, if available, on the municipal website; and
(B)
being available from 8 a.m. to 5 p.m. on the dates described in Subsection
(3)(b)(i)
, via the contact information described in Subsection
(3)(b)(ii)(A)
.
(4)
An individual elected to municipal office shall be a registered voter in the municipality
in which the individual is elected.
(5)
(a)
Each elected officer of a municipality shall maintain a principal place of residence
within the municipality, and within the district that the elected officer represents,
during the officer's term of office.
(b)
Except as provided in Subsection
(6)
, an elected municipal office is automatically
vacant if the officer elected to the municipal office, during the officer's term of office:
(i)
establishes a principal place of residence outside the district that the elected officer
represents;
(ii)
resides at a secondary residence outside the district that the elected officer
represents for a continuous period of more than 60 days while still maintaining a
principal place of residence within the district;
(iii)
is absent from the district that the elected officer represents for a continuous
period of more than 60 days; or
(iv)
fails to respond to a request, within 30 days after the day on which the elected
officer receives the request, from the county clerk or the lieutenant governor
seeking information to determine the officer's residency.
(6)
(a)
Notwithstanding Subsection
(5)
, if an elected municipal officer obtains the
consent of the municipal legislative body in accordance with Subsection
(6)(b)
before
the expiration of the 60-day period described in Subsection
(5)(b)(ii)
or
(iii)
, the
officer may:
(i)
reside at a secondary residence outside the district that the elected officer
represents while still maintaining a principal place of residence within the district
for a continuous period of up to one year during the officer's term of office; or
(ii)
be absent from the district that the elected officer represents for a continuous
period of up to one year during the officer's term of office.
(b)
At a public meeting, the municipal legislative body may give the consent described
in Subsection
(6)(a)
by majority vote after taking public comment regarding:
(i)
whether the legislative body should give the consent; and
(ii)
the length of time to which the legislative body should consent.
(7)
(a)
The mayor of a municipality may not also serve as the municipal recorder or
treasurer.
(b)
The recorder of a municipality may not also serve as the municipal treasurer.
(c)
An individual who holds a county elected office may not, at the same time, hold a
municipal elected office.
(d)
The restriction described in Subsection
(7)(c)
applies regardless of whether the
individual is elected to the office or appointed to fill a vacancy in the office.
Section 2. Section
17-62-201
is amended to read:
17-62-201
Effective
05/06/26
. County commission form of government --
Commission member elections.
(1)
As used in this section:
(a)
"Midterm vacancy" means a county commission position that is being filled at an
election for less than the position's full term as established in:
(i)
Subsection
(4)(a)
; or
(ii)
a county's optional plan under Section
17-62-403
.
(b)
"Open position" means a county commission position that is being filled at a regular
general election for the position's full term as established in:
(i)
Subsection
(4)(a)
; or
(ii)
a county's optional plan under Section
17-62-403
.
(c)
"Opt-in county" means a county that has, in accordance with Subsection
(6)(a)
,
chosen to conduct county commissioner elections in accordance with Subsection
(6)
.
(2)
A county commission consisting of three members shall govern each county operating
under the county commission form of government.
(3)
A county commission under a county commission form of government is both the
county legislative body and the county executive and has the powers, duties, and
functions of a county legislative body under
Chapter 64, County Legislative Body
, and
the powers, duties, and functions of a county executive under
Chapter 65, County
Executive
.
(4)
Except as otherwise provided in an optional plan adopted under this chapter:
(a)
the term of office of each county commission member is four years;
(b)
the terms of county commission members shall be staggered so that two members are
elected at a regular general election date that alternates with the regular general
election date of the other member; and
(c)
each county commission member shall be elected:
(i)
at large, unless otherwise required by court order; and
(ii)
subject to the provisions of this section, in accordance with
Title 20A, Election
Code
.
(5)
Except as provided in Subsection
(6)
:
(a)
if two county commission positions are vacant for an election, the positions shall be
designated "county commission seat A" and "county commission seat B";
(b)
each candidate who files a declaration of candidacy when two positions are vacant
shall designate on the declaration of candidacy form whether the candidate is a
candidate for seat A or seat B; and
(c)
no person may file a declaration of candidacy for, be a candidate for, or be elected to
two county commission positions in the same election.
(6)
(a)
A county of the first or second class may, through an optional plan as described in
Subsection
17-62-403(5)
or by ordinance, choose to conduct county commissioner
elections in accordance with this Subsection
(6)
.
(b)
When issuing the notice
of election required by Subsection
20A-5-101(2)
described
in Section
20A-5a-202
, the clerk of an opt-in county shall, if there is at least one open
position and at least one midterm vacancy, designate:
(i)
each open position as "open position"; and
(ii)
each midterm vacancy as "midterm vacancy."
(c)
An individual who files a declaration of candidacy for the office of county
commissioner in an opt-in county:
(i)
if there is more than one open position, is not required to indicate which open
position the individual is running for;
(ii)
if there is at least one open position and at least one midterm vacancy, shall
designate on the declaration of candidacy whether the individual is filing for an
open position or a midterm vacancy; and
(iii)
may not file a declaration of candidacy for an open position and a midterm
vacancy in the same election.
(d)
If there is an open position and a midterm vacancy being voted upon in the same
election in an opt-in county, the county clerk shall indicate on the ballot for the
election which positions are open positions and which positions are midterm
vacancies.
(e)
In an opt-in county:
(i)
the candidates for open positions, in a number equal to the number of open
positions, who receive the highest number of votes are:
(A)
for the purposes of a regular primary election, nominated by the candidates'
party for the open positions; and
(B)
for the purposes of a regular general election, elected to fill the open positions;
and
(ii)
the candidates for midterm vacancies, in a number equal to the number of
midterm vacancies, who receive the highest number of votes are:
(A)
for the purposes of a regular primary election, nominated by the candidates'
party for the midterm vacancies; and
(B)
for the purposes of a regular general election, elected to fill the midterm
vacancies.
Section 3. Section
17-62-202
is amended to read:
17-62-202
Effective
05/06/26
. Expanded county commission form of
government -- Commission member elections.
(1)
As used in this section:
(a)
"Midterm vacancy" means the same as that term is defined in Section
17-62-201
.
(b)
"Open position" means the same as that term is defined in Section
17-62-201
.
(c)
"Opt-in county" means a county that has, in accordance with Subsection
(6)(a)
,
chosen to conduct county commissioner elections in accordance with Subsection
(6)
.
(2)
A county commission consisting of five or seven members shall govern each county
operating under an expanded county commission form of government.
(3)
A county commission under the expanded county commission form of government is
both the county legislative body and the county executive and has the powers, duties,
and functions of a county legislative body under
Chapter 64, County Legislative Body
,
and the powers, duties, and functions of a county executive under
Chapter 65, County
Executive
.
(4)
Except as otherwise provided in an optional plan adopted under this chapter:
(a)
the term of office of each county commission member is four years;
(b)
the terms of county commission members shall be staggered so that approximately
half the members are elected at alternating regular general election dates; and
(c)
each county commission member shall be elected:
(i)
at large, unless otherwise required by court order; and
(ii)
subject to the provisions of this section, in accordance with
Title 20A, Election
Code
.
(5)
Except as provided in Subsection
(6)
:
(a)
if multiple at-large county commission positions are vacant for an election, the
positions shall be designated "county commission seat A," "county commission seat
B," and so on as necessary for the number of vacant positions;
(b)
each candidate who files a declaration of candidacy when multiple positions are
vacant shall designate the letter of the county commission seat for which the
candidate is a candidate; and
(c)
no person may file a declaration of candidacy for, be a candidate for, or be elected to
two county commission positions in the same election.
(6)
(a)
A county of the first or second class may, through an optional plan as described in
Subsection
17-62-403(5)
or by ordinance, choose to conduct county commissioner
elections in accordance with this Subsection
(6)
.
(b)
When issuing the notice
of election required by Subsection
20A-5-101(2)
described
in Section
20A-5a-202
, the clerk of an opt-in county shall, if there is at least one open
position and at least one midterm vacancy, designate:
(i)
each open position as "open position"; and
(ii)
each midterm vacancy as "midterm vacancy."
(c)
An individual who files a declaration of candidacy for the office of county
commissioner in an opt-in county:
(i)
if there is more than one open position, is not required to indicate which open
position the individual is running for;
(ii)
if there is at least one open position and at least one midterm vacancy, shall
designate on the declaration of candidacy whether the individual is filing for an
open position or a midterm vacancy; and
(iii)
may not file a declaration of candidacy for an open position and a midterm
vacancy in the same election.
(d)
If there is an open position and a midterm vacancy being voted upon in the same
election in an opt-in county, the county clerk shall indicate on the ballot for the
election which positions are open positions and which positions are midterm
vacancies.
(e)
In an opt-in county:
(i)
the candidates for open positions, in a number equal to the number of open
positions, who receive the highest number of votes are:
(A)
for the purposes of a regular primary election, nominated by the candidates'
party for the open positions; and
(B)
for the purposes of a regular general election, elected to fill the open positions;
and
(ii)
the candidates for midterm vacancies, in a number equal to the number of
midterm vacancies, who receive the highest number of votes are:
(A)
for the purposes of a regular primary election, nominated by the candidates'
party for the midterm vacancies; and
(B)
for the purposes of a regular general election, elected to fill the midterm
vacancies.
Section 4. Section
17B-1-306
is amended to read:
17B-1-306
Effective
05/06/26
. Special district board -- Election procedures --
Notice of offices to be filled and declaration of candidacy period.
(1)
Except as provided in Subsection
(12)
, each elected board member shall be selected as
provided in this section.
(2)
(a)
Each election of a special district board member shall be held:
(i)
at the same time as the municipal general election or the regular general election,
as applicable; and
(ii)
at polling places designated by the special district board in consultation with the
county clerk for each county in which the special district is located, which polling
places shall coincide with municipal general election or regular general election
polling places, as applicable, whenever feasible.
(b)
The special district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one
consolidated polling place.
(c)
(i)
Subject to Subsections
(5)(h)
and
(i)
(5)(g) and (h)
, the number of polling
places under Subsection
(2)(a)(ii)
in an election of board members of an irrigation
district shall be one polling place per division of the district, designated by the
district board.
(ii)
Each polling place designated by an irrigation district board under Subsection
(2)(c)(i)
shall coincide with a polling place designated by the county clerk under
Subsection
(2)(a)(ii)
.
(3)
(a)
The clerk of each special district with a board member position to be filled at the
next municipal general election or regular general election, as applicable, shall
provide notice of:
(i)
each elective position of the special district to be filled at the next municipal
general election or regular general election, as applicable;
(ii)
the constitutional and statutory qualifications for each position; and
(iii)
the dates and times for filing a declaration of candidacy.
(b)
If the election is to be held at the same time as the municipal general election, a
declaration of candidacy shall be filed between June 1 and June 7 of any
odd-numbered year.
(c)
If the election is to be held at the same time as the regular general election, a
declaration of candidacy shall be filed between June 1 and June 7 of any
even-numbered year.
(4)
The clerk of the special district shall publish the notice described in Subsection
(3)(a)
for the special district, as a class A notice under Section
63G-30-102
, for at least 10 days
before the first day for filing a declaration of candidacy.
(3)
If the election is to be held at the same time as the municipal general election:
(a)
the special district shall comply with Section
20A-5a-304
to provide notice regarding
offices to be voted on at the upcoming election and the declaration of candidacy
period; and
(b)
the period to file a declaration of candidacy is the filing period described in
Subsection
20A-9-203(3)(d)
.
(4)
If the election is to be held at the same time as the regular general election:
(a)
the special district shall comply with Section
20A-5a-203
to provide notice regarding
offices to be voted on at the upcoming election and the declaration of candidacy
period; and
(b)
the period to file a declaration of candidacy:
(i)
begins at 8 a.m. on the first business day in June; and
(ii)
(A)
ends at 5 p.m. on the fourth business day after the day on which the filing
period begins; or
(B)
if the day described in Subsection
(4)(b)(ii)(A)
is a Friday, ends at 5 p.m. on
the next business day after that Friday.
(5)
(a)
Except as provided in Subsection
(5)(c)
(5)(b)
, to become a candidate for an
elective special district board position, an individual shall file a declaration of
candidacy in person with an official designated by the special district within the
candidate filing period for the applicable election year in which the election for the
special district board is held
and
, as follows
:
(i)
for a special district with a four day standard work week of at least eight hours
each day of the workweek, during the special district's standard office hours; or
(ii)
for a special district other than a district described in Subsection
(5)(a)(i)
:
(i)
(A)
during the special district's standard office hours,
if the standard office
hours provide at least three consecutive office hours each day during the
candidate filing period that is not a holiday or weekend
, during the special
district's standard office hours
;
or
(ii)
(B)
if the standard office hours of a special district do not provide at least
three consecutive office hours each day, a three-hour consecutive time period
each day designated by the special district during the candidate filing period
that is not a holiday or weekend
; or
.
(iii)
during the special district's standard office hours if the special district has
adopted a four day standard work week with standard office hours of at least eight
hours each of those days.
(b)
When the candidate filing deadline falls on a Saturday, Sunday, holiday, or a day
that is not a regular business day for the special district pursuant to Subsection
(5)(a)(iii)
, the filing time shall be extended until the close of normal office hours on
the following regular business day.
(c)
(b)
Subject to Subsection
(5)(f)
(5)(e)
, an individual may designate an agent to file
a declaration of candidacy with the official designated by the special district if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the official designated by the
special district; and
(iii)
the individual communicates with the official designated by the special district
using an electronic device that allows the individual and official to see and hear
each other.
(d)
(c)
(i)
Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A)
read to the individual the constitutional and statutory qualification
requirements for the office that the individual is seeking; and
(B)
require the individual to state whether the individual meets those requirements.
(ii)
If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii)
If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e)
(d)
The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah,
(Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
for the office of board of trustees member for _______________________ (state the name of
the special district); that I am a candidate for that office to be voted upon at the next election;
and that, if filing via a designated agent, I will be out of the state of Utah during the entire
candidate filing period, and I hereby request that my name be printed upon the official ballot
for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)
.
"
.
(f)
(e)
An agent designated under Subsection
(5)(c)
(5)(b)
may not sign the form
described in Subsection
(5)(e)
(5)(d)
.
(g)
(f)
Each individual wishing to become a valid write-in candidate for an elective
special district board position is governed by Section
20A-9-601
.
(h)
(g)
If at least one individual does not file a declaration of candidacy as required by
this section, an individual shall be appointed to fill that board position in accordance
with the appointment provisions of Section
20A-1-512
.
(i)
(h)
If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section
20A-9-601
, the board, in accordance with
Section
20A-1-206
, may:
(i)
consider the candidate to be elected to the position; and
(ii)
cancel the election.
(6)
(a)
A primary election may be held if:
(i)
the election is authorized by the special district board; and
(ii)
the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b)
The primary election shall be conducted:
(i)
on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii)
according to the procedures for primary elections provided under Title 20A,
Election Code.
(7)
(a)
Except as provided in Subsection
(7)(c)
, within one business day after the
deadline for filing a declaration of candidacy, the special district clerk shall certify
the candidate names to the clerk of each county in which the special district is located.
(b)
(i)
Except as provided in Subsection
(7)(c)
and in accordance with Sections
20A-6-109
and
20A-6-110
, the clerk of each county in which the special district is
located and the special district clerk shall coordinate placement of the name of
each candidate for special district office in the nonpartisan section of the ballot
with the appropriate election officer.
(ii)
If consolidation of the special district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible,
the special district board of trustees, in consultation with the county clerk, shall
provide for a separate special district election ballot to be administered by poll
workers at polling places designated under Subsection
(2)
.
(c)
(i)
Subsections
(7)(a)
and
(b)
do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii)
The board of an irrigation district shall:
(A)
subject to Subsections
(7)(c)(ii)(B)
and
(C)
, establish the form of the ballot for
a board member election;
(B)
ensure that the ballot is in a nonpartisan format; and
(C)
ensure that the name of each candidate is placed on the ballot in accordance
with Sections
20A-6-109
and
20A-6-110
.
(8)
(a)
Each voter at an election for a board of trustees member of a special district shall:
(i)
be a registered voter within the district, except for an election of:
(A)
an irrigation district board of trustees member; or
(B)
a basic special district board of trustees member who is elected by property
owners; and
(ii)
meet the requirements to vote established by the district.
(b)
Each voter may vote for as many candidates as there are offices to be filled.
(c)
The candidates who receive the highest number of votes are elected.
(9)
Except as otherwise provided by this section, the election of special district board
members is governed by Title 20A, Election Code.
(10)
(a)
Except as provided in Subsection
17B-1-303(8)
, a person elected to serve on a
special district board shall serve a four-year term, beginning at noon on the January 1
after the person's election.
(b)
A person elected shall be sworn in as soon as practical after January 1.
(11)
(a)
Except as provided in Subsection
(11)(b)
, each special district shall reimburse
the county or municipality holding an election under this section for the costs of the
election attributable to that special district.
(b)
Each irrigation district shall bear the district's own costs of each election the district
holds under this section.
(12)
This section does not apply to an improvement district that provides electric or gas
service.
(13)
Except as provided in Subsection
20A-3a-605(1)(b)
, the provisions of Title 20A,
Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
(14)
(a)
As used in this Subsection
(14)
, "board" means:
(i)
a special district board; or
(ii)
the administrative control board of a special service district that has elected
members on the board.
(b)
If a board desires to hold elections for membership on the board at a regular general
election instead of a municipal general election , or at a municipal general election
instead of a regular general election, the board may submit an application to the
lieutenant governor that:
(i)
requests permission to change the election year for membership on the board in a
manner described in this Subsection
(14)(b)
;
(ii)
indicates that a change in the election year is beneficial, based on potential cost
savings, a potential increase in voter turnout, or another material reason; and
(iii)
if a change in the election year may result in shortening a board member's term
of office, indicates that the members of the board unanimously support the
lieutenant governor taking that action.
(c)
Upon receipt of an application described in Subsection
(14)(b)
, the lieutenant
governor may approve the if:
(i)
the lieutenant governor concludes that changing the election year is beneficial
based on the criteria described in Subsection
(14)(b)(ii)
; and
(ii)
for an application that may result in shortening a board member's term of office,
the application satisfies the unanimity requirement described in Subsection
(14)(b)(iii)
.
(d)
If the lieutenant governor approves a board's application described in this section:
(i)
all future elections for membership on the board shall be held at the time of the
general election specified in the application; and
(ii)
the board may not hold elections at the time of an election other than the general
election specified in the application, unless the board receives permission from the
lieutenant governor to change the election under the same procedure, and by
applying the same criteria, described in this Subsection
(14)
.
(15)
(a)
This Subsection
(15)
applies to a special district if:
(i)
the special district's board members are elected by the owners of real property, as
provided in Subsection
17B-1-1402(1)(b)
; and
(ii)
the special district was created before January 1, 2020.
(b)
The board of a special district described in Subsection
(15)(a)
may conduct an
election:
(i)
to fill a board member position that expires at the end of the term for that board
member's position; and
(ii)
notwithstanding Subsection
20A-1-512(1)(a)(i)
, to fill a vacancy in an unexpired
term of a board member.
(c)
An election under Subsection
(15)(b)
may be conducted as determined by the special
district board, subject to Subsection
(15)(d)
.
(d)
(i)
The special district board shall provide to property owners eligible to vote at
the special district election:
(A)
notice of the election; and
(B)
a form to nominate an eligible individual to be elected as a board member.
(ii)
(A)
The special district board may establish a deadline for a property owner to
submit a nomination form.
(B)
A deadline under Subsection
(15)(d)(ii)(A)
may not be earlier than 15 days
after the board provides the notice and nomination form under Subsection
(15)(d)(i)
.
(iii)
(A)
After the deadline for submitting nomination forms, the special district
board shall provide a ballot to all property owners eligible to vote at the special
district election.
(B)
A special district board shall allow at least five days for ballots to be returned.
(iv)
A special district board shall certify the results of an election under this
Subsection
(15)
during an open meeting of the board.
Section 5. Section
17B-1-1001
is amended to read:
17B-1-1001
Effective
05/06/26
. Provisions applicable to property tax levy.
(1)
Each special district that levies and collects property taxes shall levy and collect
them
the taxes
according to the provisions of Title 59, Chapter 2, Property Tax Act.
(2)
As used in this section:
(a)
"Appointed board of trustees" means a board of trustees of a special district that
includes a member who is appointed to the board of trustees in accordance with
Section
17B-1-304
, Subsection
17B-1-303(5)
, Subsection
17B-1-306(5)(h)
17B-1-306(5)(g)
, or any of the applicable provisions in Title 17B, Chapter 2a,
Provisions Applicable to Different Types of Special Districts.
(b)
"Elected board of trustees" means a board of trustees of a special district that consists
entirely of members who are elected to the board of trustees in accordance with
Subsection
(4)
, Section
17B-1-306
, or any of the applicable provisions in Title 17B,
Chapter 2a, Provisions Applicable to Different Types of Special Districts.
(3)
(a)
For a taxable year beginning on or after January 1, 2018, a special district may not
levy or collect property tax revenue that exceeds the certified tax rate unless:
(i)
to the extent that the revenue from the property tax was pledged before January 1,
2018, the special district pledges the property tax revenue to pay for bonds or
other obligations of the special district; or
(ii)
the proposed tax or increase in the property tax rate has been approved by:
(A)
an elected board of trustees;
(B)
subject to Subsection
(3)(b)
, an appointed board of trustees;
(C)
a majority of the registered voters within the special district who vote in an
election held for that purpose on a date specified in Section
20A-1-204
;
(D)
the legislative body of the appointing authority; or
(E)
the legislative body of:
(I)
a majority of the municipalities partially or completely included within the
boundary of the specified special district; or
(II)
the county in which the specified special district is located, if the county
has some or all of
its
the county's
unincorporated area included within the
boundary of the specified special district.
(b)
For a special district with an appointed board of trustees, each appointed member of
the board of trustees shall comply with the trustee reporting requirements described
in Section
17B-1-1003
before the special district may impose a property tax levy that
exceeds the certified tax rate.
(4)
(a)
Notwithstanding provisions to the contrary in Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Special Districts, and subject to Subsection
(4)(b)
,
members of the board of trustees of a special district shall be elected, if:
(i)
two-thirds of all members of the board of trustees of the special district vote in
favor of changing to an elected board of trustees; and
(ii)
the legislative body of each municipality or county that appoints a member to the
board of trustees adopts a resolution approving the change to an elected board of
trustees.
(b)
A change to an elected board of trustees under Subsection
(4)(a)
may not shorten the
term of any member of the board of trustees serving at the time of the change.
(5)
Subsections
(2)
, (3), and (4) do not apply to:
(a)
Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
(b)
Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; or
(c)
a special district in which:
(i)
the board of trustees consists solely of:
(A)
land owners or the land owners' agents; or
(B)
as described in Subsection
17B-1-302(3)
, (5), (6), or (7), land owners or the
land owners' agents or officers; and
(ii)
there are no residents within the special district at the time a property tax is levied.
(6)
An infrastructure financing district may not pledge or otherwise use any property tax
revenue for the payment of bonds.
Section 6. Section
17B-1-1003
is amended to read:
17B-1-1003
Effective
05/06/26
. Trustee reporting requirement.
(1)
As used in this section:
(a)
"Appointed board of trustees" means a board of trustees of a special district that
includes a member who is appointed to the board of trustees in accordance with
Section
17B-1-304
, Subsection
17B-1-303(5)
, Subsection
17B-1-306(5)(h)
17B-1-306(5)(g)
, or any of the applicable provisions in
Title 17B, Chapter 2a,
Provisions Applicable to Different Types of Special Districts
.
(b)
(i)
"Bond issuance" means an issuance of a general obligation bond without an
approving election under Section
17B-1-1102
.
(ii)
"Bond issuance" does not include the issuance of a general obligation bond to
refund a general obligation bond that was previously approved by an election.
(c)
"Legislative entity" means:
(i)
the member's appointing authority, if the appointing authority is a legislative body;
or
(ii)
the member's nominating entity, if the appointing authority is not a legislative
body.
(d)
(i)
"Member" means an individual who is appointed to a board of trustees for a
special district in accordance with Section
17B-1-304
, Subsection
17B-1-303(5)
,
Subsection
17B-1-306(5)(h)
17B-1-306(5)(g)
, or any of the applicable provisions
in
Title 17B, Chapter 2a, Provisions Applicable to Different Types of Special
Districts
.
(ii)
"Member" includes a member of the board of trustees who holds an elected
position with a municipality, county, or another special district that is partially or
completely included within the boundaries of the special district.
(e)
"Nominating entity" means the legislative body that submits nominees for
appointment to the board of trustees to an appointing authority.
(f)
(i)
"Property tax increase" means a property tax levy that exceeds the certified tax
rate for the taxable year.
(ii)
"Property tax increase" does not include a property tax levy for a general
obligation bond authorized in accordance with an election under Section
17B-1-1102
.
(2)
(a)
If a special district board of trustees adopts a tentative budget that includes a
property tax increase or bond issuance, each member shall report to the member's
legislative entity on the property tax increase or bond issuance.
(b)
(i)
The special district shall request that each of the legislative entities that appoint
or nominate a member to the special district's board of trustees hear the report
required by Subsection
(2)(a)
at a public meeting of each legislative entity.
(ii)
The request to make a report may be made by:
(A)
the member appointed or nominated by the legislative entity; or
(B)
another member of the board of trustees.
(c)
The member appointed or nominated by the legislative entity shall make the report
required by Subsection
(2)(a)
at a public meeting that:
(i)
complies with
Title 52, Chapter 4, Open and Public Meetings Act
;
(ii)
includes the report as a separate agenda item; and
(iii)
is held within 40 days after the day on which the legislative entity receives a
request to hear the report.
(d)
(i)
If the legislative entity does not have a scheduled meeting within 40 days after
the day on which the legislative entity receives a request to hear the report
required by Subsection
(2)(a)
, the legislative entity shall schedule a meeting for
that purpose.
(ii)
If the legislative entity fails to hear the report at a public meeting that meets the
criteria described in Subsection
(2)(c)
, the trustee reporting requirements under
this section shall be considered satisfied.
(3)
(a)
A report on a contemplated property tax increase or bond issuance at a legislative
entity's public meeting under Subsection
(2)(c)
shall include:
(i)
a statement that the special district intends to levy a property tax at a rate that
exceeds the certified tax rate for the taxable year;
(ii)
the dollar amount of and purpose for additional ad valorem tax revenue that
would be generated by the proposed increase in the certified tax rate;
(iii)
the approximate percentage increase in ad valorem tax revenue for the special
district based on the proposed property tax increase; and
(iv)
any other information requested by the legislative entity.
(b)
A report on a bond issuance at a legislative entity's public meeting under Subsection
(2)(c)
shall include an explanation, as applicable, of:
(i)
the property tax impact, if any, of the bond issuance;
(ii)
the expected debt service related to the bond issuance;
(iii)
the purpose, remaining principal balance, and maturity date of any outstanding
bonds of the issuer;
(iv)
the funds other than property taxes available to pay debt service related to the
bond issuance;
(v)
the schedule of proposed expenditures of bond proceeds;
(vi)
property values;
(vii)
any additional considerations that the appointed board of trustees determines
may be useful to explain the impact to citizens resulting from the bond issuance;
and
(viii)
any other information requested by the legislative entity.
(c)
At a meeting under Subsection
(2)(c)
, the legislative entity shall:
(i)
allow time during the meeting for comment from the legislative entity and
members of the public on the property tax increase or bond issuance; and
(ii)
express the legislative entity's sentiment regarding the contemplated property tax
increase.
(4)
(a)
If more than one member is appointed to the board of trustees by the same
legislative entity, a majority of the members appointed or nominated by the
legislative entity shall be present to provide the report required by Subsection
(2)
and
described in Subsection
(3)
.
(b)
The chair of the board of trustees shall appoint another member of the board of
trustees to provide the report described in Subsection
(3)
to the legislative entity if:
(i)
the member appointed or nominated by the legislative entity is unable or unwilling
to provide the report at a public meeting that meets the requirements of Subsection
(3)(a)
; and
(ii)
the absence of the member appointed or nominated by the legislative entity
results in:
(A)
no member who was appointed or nominated by the legislative entity being
present to provide the report; or
(B)
an inability to comply with Subsection
(4)(a)
.
(5)
A special district board of trustees may approve a property tax increase only after the
conditions of this section have been satisfied or considered satisfied for each member of
the board of trustees.
Section 7. Section
20A-1-102
is amended to read:
20A-1-102
Effective
05/06/26
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on ballots and tabulates the results.
(3)
(a)
"Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b)
"Ballot" does not include a record to tally multiple votes.
(4)
"Ballot proposition" means a question, issue, or proposal that is submitted to voters on
the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature.
(5)
"Bind," "binding," or "bound" means securing more than one piece of paper together
using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
"Bond election" means an election held for the purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(8)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a holiday.
(9)
"Business reply mail envelope" means an envelope that may be mailed free of charge by
the sender.
(10)
"Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
a business day, or any other type of day.
(11)
"Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12)
"Canvassing judge" means a poll worker designated to assist in counting ballots at the
canvass.
(13)
"Contracting election officer" means an election officer who enters into a contract or
interlocal agreement with a provider election officer.
(14)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
"Counting judge" means a poll worker designated to count the ballots during election
day.
(17)
"Counting room" means a suitable and convenient private place or room for use by the
poll workers and counting judges to count ballots.
(18)
"County officers" means those county officers that are required by law to be elected.
(19)
"Date of the election" or "election day" or "day of the election":
(a)
means the day that is specified in the calendar year as the day on which the election
occurs; and
(b)
does not include:
(i)
deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii)
any early voting or early voting period as provided under Chapter
3a, Part 6
,
Early Voting.
(20)
"Elected official" means:
(a)
a person elected to an office under Section
20A-1-303
or
Chapter
4, Part 6
,
, before
the pilot project was repealed, the
Municipal Alternate Voting Methods Pilot Project;
(b)
a person who is considered to be elected to a municipal office in accordance with
Subsection
20A-1-206(1)(c)(ii)
; or
(c)
a person who is considered to be elected to a special district office in accordance
with Subsection
20A-1-206(3)(b)(ii)
.
(21)
"Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary
election, and a special district election.
(22)
"Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(23)
"Election cycle" means the period beginning on the first day on which individuals are
eligible to file declarations of candidacy and ending when the canvass is completed.
(24)
"Election judge" means a poll worker that is assigned to:
(a)
preside over other poll workers at a polling place;
(b)
act as the presiding election judge; or
(c)
serve as a canvassing judge, counting judge, or receiving judge.
(25)
"Election material" includes:
(a)
the verification documentation described in Subsection
20A-3a-401(9)(b)(iv)
;
(b)
the list of voters contacted to cure a ballot described in Subsection
20A-3a-401(10)(b)
;
(c)
the record of rejected and resolved ballots described in Subsection
20A-3a-401(11)(a)
;
(d)
any chain of custody documentation described in Section
20A-3a-401.1
, including:
(i)
the count of ballots described in Subsection
20A-3a-401.1(3)
; and
(ii)
the batch log described in Subsection
20A-3a-401.1(5)
;
(e)
the record of signature verification audits described in Subsection
20A-3a-402.5(4)
;
(f)
the affidavit of compliance described in Subsection
20A-3a-404(2)
;
(g)
the physical and electronic log of replicated ballots described in Subsection
20A-4-104(3)
;
(h)
the physical or electronic log of adjudicated ballots described in Section
20A-5-802.5
;
(i)
the record of voter database access described in Subsection
20A-5-905(2)
;
(j)
the reports on military and overseas voters described in Section
20A-16-202
;
(k)
scanned copies of return envelopes;
(l)
a copy of the final election results database described in Section
20A-5-802.5
; and
(m)
the materials used in the programming of the automatic tabulating equipment.
(26)
"Election officer" means:
(a)
the lieutenant governor, for all statewide ballots and elections;
(b)
the county clerk for:
(i)
a county ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(c)
the municipal clerk for:
(i)
a municipal ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(d)
the special district clerk or chief executive officer for:
(i)
a special district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
; or
(e)
the business administrator or superintendent of a school district for:
(i)
a school district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
.
(27)
"Election official" means any election officer, election judge, or poll worker.
(28)
"Election results" means:
(a)
for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b)
for bond elections, the count of those votes cast for and against the bond proposition
plus any or all of the election returns that the board of canvassers may request.
(29)
"Election results database" means the following information generated by voting
equipment:
(a)
one or more electronic files that contains a digital interpretation of each ballot that is
counted in an election;
(b)
a ballot image; and
(c)
other information related to a ballot that is adjudicated under Section
20A-4-105
.
(30)
"Election returns" means:
(a)
the pollbook;
(b)
the military and overseas absentee voter registration and voting certificates;
(c)
one of the tally sheets;
(d)
any unprocessed ballots;
(e)
all counted ballots;
(f)
all excess ballots;
(g)
all unused ballots;
(h)
all spoiled ballots;
(i)
all ballot disposition forms, including any provisional ballot disposition forms;
(j)
the final election results database described in Section
20A-5-802.5
;
(k)
all return envelopes;
(l)
any provisional ballot envelopes; and
(m)
the total votes cast form.
(31)
"Electronic signature" means an electronic sound, symbol, or process attached to or
logically associated with a record and executed or adopted by a person with the intent to
sign the record.
(32)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
"Inactive voter" means a registered voter who is listed as inactive by a county clerk
under Subsection
20A-2-505(4)(c)(i) or (ii)
20A-2-505(4)(a)
or (b)
.
(34)
"Judicial office" means the office filled by any judicial officer.
(35)
"Judicial officer" means any justice or judge of a court of record or any county court
judge.
(36)
"Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a
bond election.
(37)
"Local political subdivision" means a county, a municipality, a special district, or a
local school district.
(38)
"Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision
may vote.
(39)
"Manual ballot" means a paper document produced by an election officer on which an
individual records an individual's vote by directly placing a mark on the paper document
using a pen or other marking instrument.
(40)
"Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual
voter's vote.
(41)
"Municipal executive" means:
(a)
the mayor in the council-mayor form of government defined in Section
10-3b-102
; or
(b)
the mayor in the council-manager form of government defined in Subsection
10-3b-103(6)
.
(42)
"Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of
each odd-numbered year for the purposes established in Section
20A-1-202
.
(43)
"Municipal legislative body" means the council of the city or town in any form of
municipal government.
(44)
"Municipal office" means an elective office in a municipality.
(45)
"Municipal officers" means those municipal officers that are required by law to be
elected.
(46)
"Municipal primary election" means an election held to nominate candidates for
municipal office.
(47)
"Municipality" means a city or town.
(48)
"Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(49)
"Official endorsement" means the information on the ballot that identifies:
(a)
the ballot as an official ballot;
(b)
the date of the election; and
(c)
(i)
for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection
20A-6-401(1)(a)(iii)
applicable
information described in:
(A)
Subsection
20A-6-401(1)(a)(iii)
or (iv);
(B)
Subsection
20A-6-401.1(1)(d)(iii)
or (iv)
; or
(C)
Subsection
20A-6-402(2)(a)(iii)
or (iv); or
(ii)
for a ballot prepared by a county clerk, the
words required by
applicable
statement described in
Subsection
20A-6-301(1)(b)(iii)
or (iv)
.
(50)
"Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section
20A-5-401
.
(51)
"Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
(52)
(a)
"Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b)
"Poll worker" includes election judges.
(c)
"Poll worker" does not include a watcher.
(53)
"Pollbook" means a record of the names of voters in the order that the voters appear to
cast votes.
(54)
"Polling place" means a building where voting is conducted.
(55)
"Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks the voter's choice.
(56)
"Presidential Primary Election" means the election established in
Chapter 9, Part 8,
Presidential Primary Election
.
(57)
"Primary convention" means the political party conventions held during the year of the
regular general election.
(58)
"Protective counter" means a separate counter, which cannot be reset, that:
(a)
is built into a voting machine; and
(b)
records the total number of movements of the operating lever.
(59)
"Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(60)
"Provisional ballot" means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker.
(61)
"Provisional ballot envelope" means an envelope printed in the form required by
Section
20A-6-105
that is used to identify provisional ballots and to provide information
to verify a person's legal right to vote.
(62)
(a)
"Public figure" means an individual who, due to the individual being considered
for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's
safety.
(b)
"Public figure" does not include an individual:
(i)
elected to public office; or
(ii)
appointed to fill a vacancy in an elected public office.
(63)
"Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the individual was elected.
(64)
"Receiving judge" means the poll worker that checks the voter's name in the official
register at a polling place and provides the voter with a ballot.
(65)
"Registration form" means a form by which an individual may register to vote under
this title.
(66)
"Regular ballot" means a ballot that is not a provisional ballot.
(67)
"Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section
20A-1-201
.
(68)
"Regular primary election" means the election, held on the date specified in Section
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
(69)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
"Return envelope" means the envelope, described in Subsection
20A-3a-202(4)
,
provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature.
(71)
"Sample ballot" means a mock ballot similar in form to the official ballot, published as
provided in Section
20A-5-405
.
(72)
"Special district" means a local government entity under Title
17B, Limited Purpose
Local Government Entities - Special Districts
, and includes a special service district
under
Title 17D, Chapter 1, Special Service District Act
.
(73)
"Special district officers" means those special district board members who are required
by law to be elected.
(74)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
"Spoiled ballot" means each ballot that:
(a)
is spoiled by the voter;
(b)
is unable to be voted because it was spoiled by the printer or a poll worker; or
(c)
lacks the official endorsement.
(76)
"Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(77)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
"Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(80)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
, the absence of an individual to serve in a
position created by state constitution or state statute, whether that absence occurs
because of death, disability, disqualification, resignation, or other cause; or
(b)
in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or
disqualification.
(81)
"Valid voter identification" means:
(a)
a form of identification that bears the name and photograph of the voter which may
include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card issued under
Title 53, Chapter 3, Part 8,
Identification Card Act
;
(iii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iv)
a currently valid Utah permit to carry a concealed weapon;
(v)
a currently valid United States passport; or
(vi)
a currently valid United States military identification card;
(b)
one of the following identification cards, regardless of whether the card includes a
photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection
(81)(a)
or
(b)
but that bear the
name of the voter and provide evidence that the voter resides in the voting precinct,
which may include:
(i)
before January 1, 2029, an original or copy of a current utility bill, dated no more
than 90 calendar days before the date of the election;
(ii)
before January 1, 2029, an original or copy of a bank or other financial account
statement, dated no more than 90 calendar days before the date of the election;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
an original or copy of a check issued by the state or the federal government, dated
no more than 90 calendar days before the date of the election;
(vi)
an original or copy of a paycheck from the voter's employer, dated no more than
90 calendar days before the date of the election;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within
the state; or
(xiii)
a current Utah vehicle registration.
(82)
"Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(83)
"Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a)
mailing the ballot to the location designated in the mailing; or
(b)
depositing the ballot in a ballot drop box designated by the election officer.
(84)
"Voter" means an individual who:
(a)
meets the requirements for voting in an election;
(b)
meets the requirements of election registration;
(c)
is registered to vote; and
(d)
is listed in the official register.
(85)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
"Voting area" means the area within six feet of the voting booths, voting machines,
and ballot box.
(87)
"Voting booth" means:
(a)
the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b)
a voting device that is free standing.
(88)
"Voting device" means any device provided by an election officer for a voter to vote a
mechanical ballot.
(89)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
"Write-in vote" means a vote cast for an individual, whose name is not printed on the
ballot, in accordance with the procedures established in this title.
Section 8. Section
20A-1-206
is amended to read:
20A-1-206
Effective
05/06/26
. Cancellation of local election or local race --
Municipalities -- Special districts -- Notice.
(1)
As used in this section:
(a)
"Contested race" means a race in a general election where the number of candidates,
including any eligible write-in candidates, exceeds the number of offices to be filled
in the race.
(b)
"Election" means an event, run by an election officer, that includes one or more races
for public office or one or more ballot propositions.
(c)
(i)
"Race" means a contest between candidates to obtain the number of votes
necessary to take a particular public office.
(ii)
"Race," as the term relates to a contest for an at-large position, includes all open
positions for the same at-large office.
(iii)
"Race," as the term relates to a contest for a municipal council position that is not
an at-large position, includes only the contest to represent a particular district on
the council.
(2)
A municipal legislative body may cancel a local election if:
(a)
the ballot for the local election will not include any contested races or ballot
propositions; and
(b)
during the period described in Subsection
20A-5a-310(1)
,
the municipal legislative
body passes
, no later than 20 calendar days before the day of the scheduled election,
a resolution that cancels the election and certifies that:
(i)
the ballot for the election would not include any contested races or ballot
propositions; and
(ii)
the candidates who qualified for the ballot are considered elected.
(3)
A
If a
municipal legislative body
may cancel a race in
cancels
a local election
if:
under Subsection
(2)
, the candidate for each office in an uncontested race that would
otherwise be on the ballot for that election is elected to the office to which the race
relates.
(a)
the ballot for the race will not include any contested races or ballot propositions; and
(b)
the municipal legislative body passes, no later than 20 calendar days before the day
of the scheduled election, a resolution that cancels the race and certifies that:
(i)
the ballot for the race would not include any contested races or ballot
propositions; and
(ii)
the candidate for the race is considered elected.
(4)
A municipal legislative body that cancels a local election in accordance with Subsection
(2)
shall give notice that the election is cancelled
by:
in accordance with Section
20A-5a-310
.
(a)
subject to Subsection
(8)
, providing notice to the lieutenant governor's office to be
posted on the Statewide Electronic Voter Information Website described in Section
20A-7-801
, for at least 15 calendar days before the day of the scheduled election; and
(b)
providing notice for the municipality, as a class A notice under Section
63G-30-102
,
for at least 15 calendar days before the day of the scheduled election.
(5)
A special district board may cancel a local election if:
(a)
the ballot for the local election will not include any contested races or ballot
propositions; and
(b)
during the period described in Subsection
20A-5a-311(1)
,
the special district board
passes
, no later than 20 calendar days before the day of the scheduled election,
a
resolution that cancels the election and certifies that:
(i)
the ballot for the election would not include any contested races or ballot
propositions; and
(ii)
the candidates who qualified for the ballot are considered elected.
(6)
A
If a
special district board
may cancel
cancels
a special district race
if:
under
Subsection
(5)
, the candidate for each office in an uncontested race that would otherwise
be on the ballot for that election is elected to the office to which the race relates.
(a)
the race is uncontested; and
(b)
the special district board passes, no later than 20 calendar days before the day of the
scheduled election, a resolution that cancels the race and certifies that the candidate
who qualified for the ballot for that race is considered elected.
(7)
A special district that cancels a local election in accordance with Subsection
(5)
shall
provide
give
notice that the election is cancelled
:
in accordance with Section
20A-5a-311
.
(a)
subject to Subsection
(8)
, by posting notice on the Statewide Electronic Voter
Information Website described in Section
20A-7-801
, for at least 15 calendar days
before the day of the scheduled election; and
(b)
as a class A notice under Section
63G-30-102
, for at least 15 calendar days before
the day of the scheduled election.
(8)
A municipal legislative body that posts a notice in accordance with Subsection
(4)(a)
or
a special district that posts a notice in accordance with Subsection
(7)(a)
is not liable for
a notice that fails to post due to technical or other error by the publisher of the Statewide
Electronic Voter Information Website.
Section 9. Section
20A-1-501
is amended to read:
20A-1-501
Effective
05/06/26
. Candidate vacancies -- Procedure for filling.
(1)
As used in this section, "central committee" means:
(a)
the state central committee of a political party, for a candidate for:
(i)
United States senator, United States representative, governor, lieutenant governor,
attorney general, state treasurer, or state auditor; or
(ii)
state legislator if the legislative district encompasses all or a portion of more than
one county; or
(b)
the county central committee of a political party, for a party candidate seeking an
office, other than an office described in Subsection
(1)(a)
, elected at an election held
in an even-numbered year.
(2)
Except as provided in Subsection
(6)
, the central committee may certify the name of
another candidate to the appropriate election officer if:
(a)
for a registered political party that will have a candidate on a ballot in a primary
election:
(i)
after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor provides the list
described in
Subsection
20A-9-403(4)(a)
Section
20A-5a-205
, only one or two
candidates from that party have filed a declaration of candidacy for that office and
one or both dies, resigns as a candidate, or is disqualified as a candidate; and
(ii)
the central committee provides written certification of the replacement candidate
to the appropriate election officer before the day on which the lieutenant governor
provides the list described in
Subsection
20A-9-403(4)(a)
Section
20A-5a-205
;
(b)
for a registered political party that does not have a candidate on the ballot in a
primary, but will have a candidate on the ballot for a regular general election:
(i)
after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor makes the
certification described in Section
20A-5-409
, the party's candidate dies, resigns as
a candidate, or is disqualified as a candidate; and
(ii)
the central committee provides written certification of the replacement candidate
to the appropriate election officer before the day on which the lieutenant governor
makes the certification described in Section
20A-5-409
; or
(c)
for a registered political party with a candidate certified as winning a primary
election:
(i)
after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor makes the
certification described in Section
20A-5-409
, the party's candidate dies, resigns as
a candidate, or is disqualified as a candidate; and
(ii)
the central committee provides written certification of the replacement candidate
to the appropriate election officer before the day on which the lieutenant governor
makes the certification described in Section
20A-5-409
.
(3)
If no more than two candidates from a political party have filed a declaration of
candidacy for an office elected at a regular general election and one resigns to become
the party candidate for another position, the central committee of that political party may
certify the name of another candidate to the appropriate election officer.
(4)
Each replacement candidate shall file a declaration of candidacy as required by Chapter
9, Part 2
, Candidate Qualifications and Declarations of Candidacy.
(5)
(a)
The name of a candidate who is certified under Subsection
(2)(a)
after the
deadline described in Subsection
(2)(a)(ii)
may not appear on the primary election
ballot.
(b)
The name of a candidate who is certified under Subsection
(2)(b)
after the deadline
described in Subsection
(2)(b)(ii)
may not appear on the general election ballot.
(c)
The name of a candidate who is certified under Subsection
(2)(c)
after the deadline
described in Subsection
(2)(c)(ii)
may not appear on the general election ballot.
(6)
A political party may not replace a candidate who is disqualified for failure to timely
file a campaign disclosure financial report under Chapter 11, Campaign and Financial
Reporting Requirements, or Section
17-70-403
.
(7)
This section does not apply to a candidate vacancy for a nonpartisan office.
Section 10. Section
20A-1-503
is amended to read:
20A-1-503
Effective
05/06/26
. Midterm vacancies in the Legislature.
(1)
As used in this section:
(a)
"Filing deadline" means the final date for filing:
(i)
a declaration of candidacy as provided in Section
20A-9-202
; and
(ii)
a certificate of nomination as provided in Section
20A-9-503
.
(b)
"Party liaison" means the political party officer designated to serve as a liaison with
the lieutenant governor on all matters relating to the political party's relationship with
the state as required by Section
20A-8-401
.
(2)
When a vacancy occurs for any reason in the office of representative in the Legislature,
the governor shall fill the vacancy by immediately appointing the person whose name
was submitted by the party liaison of the same political party as the prior representative.
(3)
(a)
Except as provided by Subsection
(5)
, when a vacancy occurs for any reason in
the office of senator in the Legislature, it shall be filled for the unexpired term at the
next regular general election.
(b)
The governor shall fill the vacancy until the next regular general election by
immediately appointing the person whose name was submitted by the party liaison of
the same political party as the prior senator.
(4)
(a)
If a vacancy described in Subsection
(3)(a)
occurs after the filing deadline but
before August 31 of an even-numbered year in which the term of office does not
expire, the lieutenant governor shall:
(i)
establish a date and time,
which
that
is before the
date for a candidate to be
certified for the ballot under Section
20A-9-701
day on which the lieutenant
governor is required to send the information described in Section
20A-5a-209
to a
county clerk,
and no later than 21 calendar days after the day on which the
vacancy occurred, by which a person intending to obtain a position on the ballot
for the vacant office shall file:
(A)
a declaration of candidacy; or
(B)
a certificate of nomination; and
(ii)
give notice of the vacancy and the date and time described in Subsection
(4)(a)(i)
:
(A)
on the lieutenant governor's website; and
(B)
to each registered political party.
(b)
A person intending to obtain a position on the ballot for the vacant office shall:
(i)
before the date and time specified in Subsection
(4)(a)(i)
, file a declaration of
candidacy or certificate of nomination according to the procedures and
requirements of
Chapter 9, Candidate Qualifications and Nominating Procedures
;
and
(ii)
run in the regular general election if:
(A)
nominated as a party candidate; or
(B)
qualified as an unaffiliated candidate as provided by
Chapter 9, Candidate
Qualifications and Nominating Procedures
.
(c)
If a vacancy described in Subsection
(3)(a)
occurs after the deadline described in
Subsection
20A-9-202(1)(b)
20A-9-201.5(2)
and before
the last business day in
August
31
, of an even-numbered year in which the term of office does not expire, a
party liaison from each registered political party may submit a name of a person
described in Subsection
(4)(b)
to the lieutenant governor before 5 p.m. no later than
the second to last business day in
August
30
for placement on the regular general
election ballot.
(5)
If a vacancy described in Subsection
(3)(a)
occurs on or after
the last business day in
August
31
of an even-numbered year in which a term does not expire, the governor
shall fill the vacancy for the unexpired term by immediately appointing the person
whose name was submitted by the party liaison of the same political party as the prior
senator.
(6)
(a)
Except as provided in Subsection
(6)(b)
, an individual seeking appointment to fill
a vacancy described in this section shall, no later than the deadline for the individual
to file an interim report under Subsection
20A-11-303(3)(a)
, make a complete
conflict of interest disclosure on the website described in Section
20A-11-1602.5
.
(b)
An individual described in Subsection
(6)(a)
is not required to comply with
Subsection
(6)(a)
if the individual:
(i)
(A)
currently holds the office of senator and is seeking appointment as a
representative; or
(B)
currently holds the office of representative and is seeking appointment as a
senator;
(ii)
already, that same year, filed a conflict of interest disclosure for the office
described in Subsection
(6)(b)(i)
, in accordance with Section
20A-11-1604
; and
(iii)
no later than the deadline described in Subsection
(6)(a)
, indicates, in a written
statement, that the conflict of interest disclosure described in Subsection
(6)(b)(ii)
is updated and accurate as of the date of the written statement.
(7)
The lieutenant governor shall make each conflict of interest disclosure made by an
individual described in Subsection
(6)(a)
available for public inspection in accordance
with Subsection
20A-11-1603(4)
.
(8)
A vacancy in the office of senator or representative of the Legislature does not occur
unless the senator or representative:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to:
(i)
for a senator, the president of the Senate; or
(ii)
for a representative, the speaker of the House of Representatives.
Section 11. Section
20A-2-107
is amended to read:
20A-2-107
Effective
05/06/26
. Designating or changing party affiliation --
Times permitted.
(1)
As used in this section, "change of affiliation deadline" means:
(a)
for an election held in an even-numbered year in which a presidential election will be
held, the day after the declaration of candidacy deadline described in
Subsection
20A-9-201.5(1)
Section
20A-9-201.5
; or
(b)
for an election held in an even-numbered year in which a presidential election will
not be held, April 1.
(2)
The county clerk shall:
(a)
except as provided in Subsection
(6)
or
20A-2-107.5(3)
, 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
(2)(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.
(3)
(a)
Any registered voter may designate or change the voter's political party affiliation
by complying with the procedures and requirements of this Subsection
(3)
.
(b)
A registered voter may designate or change the voter's political party affiliation by
filing with the county clerk, the municipal clerk, or the lieutenant governor a voter
registration form or another signed form that identifies the registered political party
with which the voter chooses to affiliate.
(c)
Except as provided in Subsection
(3)(d)
, a voter registration form or another signed
form designating or changing a voter's political party affiliation takes effect when the
county clerk receives the signed form.
(d)
The party affiliation of a voter who changes party affiliation, or who becomes
unaffiliated from a political party, at any time on or after the change of affiliation
deadline and on or before the date of the regular primary election, takes effect the day
after the statewide canvass for the regular primary election.
(4)
For purposes of Subsection
(3)(d)
, a form described in Subsection
(3)(c)
is received by
the county clerk before the change of affiliation deadline if:
(a)
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 the change of affiliation deadline;
(b)
the individual submits the form electronically through the system described in
Section
20A-2-206
, at or before 11:59 p.m. before the day of the change of affiliation
deadline; or
(c)
the individual's form is clearly postmarked before the change of affiliation deadline.
(5)
Subsection
(3)(d)
does not apply to the party affiliation designated by a voter on a voter
registration form if:
(a)
the voter has not previously been registered to vote in the state; or
(b)
the voter's most recent party affiliation was changed to "unaffiliated" by a county
clerk under Subsection
(6)
.
(6)
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 12. Section
20A-2-504
is amended to read:
20A-2-504
Effective
05/06/26
. Removing names from the official register --
General requirements.
(1)
The county clerk may not remove a voter's name from the official register solely
because the voter has failed to vote in an election.
(2)
The county clerk shall remove a voter's name from the official register if:
(a)
the voter dies and the requirements of Subsection
(3)
(4)
are met;
(b)
the county clerk, after complying with the requirements of Section
20A-2-505
,
receives written confirmation from the voter that the voter no longer resides within
the county clerk's county;
(c)
(i)
the county clerk obtains evidence that the voter's residence has changed;
(ii)
the county clerk mails notice to the voter as required under Section
20A-2-505
;
(iii)
the county clerk:
(A)
receives no response from the voter; or
(B)
does not receive information that confirms the voter's residence; and
(iv)
the voter does not vote or appear to vote in an election during the period
beginning on the date of the notice described in Section
20A-2-505
and ending on
the day after the date of the second regular general election occurring after the
date of the notice;
(d)
the voter requests, in writing, that the voter's name be removed from the official
register;
(e)
the county clerk receives notice that a voter has been convicted of any felony or a
misdemeanor for an offense under this title and the voter's right to vote has not been
restored as provided in Section
20A-2-101.3
or
20A-2-101.5
; or
(f)
the county clerk receives notice that a voter has registered to vote in another state
after the day on which the voter registered to vote in this state.
(3)
The lieutenant governor shall make available to a county clerk the United States Social
Security Administration data received by the lieutenant governor regarding deceased
individuals.
(3)
(4)
The county clerk shall remove a voter's name from the official register within five
business days after the day on which the county clerk receives confirmation
from the
Office of Vital Records
that the voter is deceased
.
from:
(a)
the Office of Vital Records and Statistics or the lieutenant governor;
(b)
the United States Social Security Administration data; or
(c)
another reliable source or document that clearly identifies that the voter is deceased.
(5)
(a)
Except as provided in Subsection
(5)(b)
, the county clerk may not remove the
name of a voter from the official register during the 90 calendar days before a regular
primary election or the 90 calendar days before a regular general election.
(b)
The county clerk may remove the name of a voter from the official register during
the 90 calendar days before a regular primary election or the 90 calendar days before
a regular general election if:
(i)
the voter requests, in writing, that the voter's name be removed; or
(ii)
the voter dies.
(4)
(6)
No later than 90 calendar days before each primary election day and general
election day, the county clerk shall update the official register by reviewing the official
register and taking the actions permitted or required by law under this section, Section
20A-2-503
, and Section
20A-2-505
.
(7)
Ninety calendar days before each primary and general election the lieutenant governor
shall compare the information the lieutenant governor has received from the Office of
Vital Records and Statistics, the United States Social Security Administration data, and
other reliable sources with the official register of voters to ensure that all deceased
voters have been removed from the official register.
Section 13. Section
20A-2-505
is amended to read:
20A-2-505
Effective
05/06/26
. Removing names from the official register --
Determining and confirming change of residence.
(1)
A county clerk may not remove a voter's name from the official register on the grounds
that the voter has changed residence unless the voter:
(a)
confirms in writing that the voter has changed residence to a place outside the
county; or
(b)
(i)
does not vote in an election during the period beginning on the date of the
notice described in Subsection
(3)
, and ending on the day after the date of the
second regular general election occurring after the date of the notice; and
(ii)
does not respond to the notice described in Subsection
(3)
.
(2)
(a)
Within 31 calendar days after the day on which a county clerk obtains information
that a voter's address has changed, if it appears that the voter still resides within the
same county, the county clerk shall:
(i)
change the official register to show the voter's new address; and
(ii)
send to the voter, by forwardable mail, the notice described in Subsection
(3)
.
(b)
When a county clerk obtains information that a voter's address has changed and it
appears that the voter now resides in a different county, the county clerk shall verify
the changed residence by sending to the voter, by forwardable mail, the notice
described in Subsection
(3)
, printed on a postage prepaid, preaddressed return form.
(3)
(a)
Each county clerk shall use substantially the following form to notify voters whose
addresses have changed:
"VOTER REGISTRATION NOTICE
We have been notified that your residence has changed. Please read, complete, and
return this form so that we can update our voter registration records. What is your current
street address?
___________________________________________________________________________
Street
City
County
State
Zip
What is your current phone number (optional)?________________________________
What is your current email address (optional)?_________________________________
If you have not changed your residence, or have moved but stayed within the same
county, you must complete and return this form to the county clerk so that it is received by the
county clerk before 5 p.m. no later than 30 calendar days before the date of the election. If you
fail to return this form within that time:
- you may be required to show evidence of your address to the poll worker before being
allowed to vote in either of the next two regular general elections; or
- if you fail to vote at least once, from the date this notice was mailed until the passing of
two regular general elections, you will no longer be registered to vote. If you have changed
your residence and have moved to a different county in Utah, you may register to vote by
contacting the county clerk in your county.
________________________________________
Signature of Voter
PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, full date of birth, and phone number are available only to government entities. Your
year of birth is available to political parties, candidates for public office, certain third parties,
and their contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld from
all persons other than government entities, political parties, candidates for public office, and
their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that identifying
information on your voter registration records be withheld from all political parties, candidates
for public office, and their contractors, employees, and volunteers, by submitting a
withholding request form, and any required verification, as described in the following
paragraphs.
A person may request that identifying information on the person's voter registration
records be withheld from all political parties, candidates for public office, and their
contractors, employees, and volunteers, by submitting a withholding request form with this
registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
violence.
A person may request that identifying information on the person's voter registration
records be withheld from all political parties, candidates for public office, and their
contractors, employees, and volunteers, by submitting a withholding request form and any
required verification with this registration form, or to the lieutenant governor or a county clerk,
if the person is, or resides with a person who is, a law enforcement officer, a member of the
armed forces, a public figure, or protected by a protective order or a protection order."
(b)
The form described in Subsection
(3)(a)
shall also include:
(i)
a section in substantially the following form:
"------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
Do you consent to receive communications about the status of your ballot and other official
communications, by text, at the phone number you provided above? Yes No
------------------------------------------------------------------------------------------------------------------";
and
(ii)
no later than November 5, 2025, the following, immediately after the question described in
Subsection
(3)(b)(i)
:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person."
(4)
(a)
Except as provided in Subsection
(4)(b)
, the county clerk may not remove the
names of any voters from the official register during the 90 calendar days before a
regular primary election or the 90 calendar days before a regular general election.
(b)
The county clerk may remove the names of voters from the official register during
the 90 calendar days before a regular primary election or the 90 calendar days before
a regular general ele
ction if:
(i)
the voter requests, in writing, that the voter's name be removed; or
(ii)
the voter dies.
(c)
(4)
(i)
(a)
After a county clerk mails a notice under this section, the county clerk
shall, unless otherwise prohibited by law, list that voter as inactive.
(ii)
(b)
If a county clerk receives a returned voter identification card, determines that
there was no clerical error causing the card to be returned, and has no further
information to contact the voter, the county clerk shall, unless otherwise prohibited
by law, list that voter as inactive.
(iii)
(c)
An inactive voter may vote, sign petitions, and have all other privileges of a
registered voter.
(iv)
(d)
A county is not required to:
(A)
(i)
send routine mailings to an inactive voter; or
(B)
(ii)
count inactive voters when dividing precincts and preparing supplies.
(5)
The lieutenant governor shall make available to a county clerk United States Social
Security Administration data received by the lieutenant governor regarding deceased
individuals.
(6)
A county clerk shall, within 10 business days after the day on which the county clerk
receives the information described in Subsection
(5)
or Subsections
26B-8-114(11)
and
(12)
relating to a decedent whose name appears on the official register, remove the
decedent's name from the official register.
(7)
Ninety calendar days before each primary and general election the lieutenant governor
shall compare the information the lieutenant governor has received under Subsection
26B-8-114(11)
with the official register of voters to ensure that all deceased voters have
been removed from the official register.
Section 14. Section
20A-3a-202
is amended to read:
20A-3a-202
Effective
05/06/26
. Conducting election in person and by mail --
Mailing ballots to voters -- Exceptions.
(1)
(a)
Except as otherwise provided for an election conducted entirely by mail under
Section
20A-7-609.5
, an election officer shall administer an election primarily by
mail, in accordance with this section.
(b)
An individual who did not provide valid voter identification at the time the voter
registered to vote shall provide valid voter identification before voting.
(2)
An election officer who administers an election:
(a)
shall in accordance with Subsection
(3)
, no sooner than 21 calendar days before
election day and no later than seven calendar days before election day, mail to the
applicable voters, in accordance with Subsection
20A-3a-202.5(3)
, and subject to
Subsection
20A-3a-202.5(4)
:
(i)
a manual ballot;
(ii)
a return envelope;
(iii)
instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be
counted;
(iv)
information regarding the location and hours of operation of any election day
voting center at which the voter may vote or a website address where the voter
may view this information; and
(v)
instructions on how a voter may sign up to receive electronic ballot status
notifications via the ballot tracking system described in Section
20A-3a-401.5
;
(b)
may not mail a ballot under this section to:
(i)
an inactive voter, unless the inactive voter requests a manual ballot; or
(ii)
a voter whom the election officer is prohibited from sending a ballot under
Subsection
20A-3a-202.5(4)
;
(c)
shall, on the outside of the envelope in which the election officer mails the ballot,
include instructions for returning the ballot if the individual to whom the election
officer mails the ballot does not live at the address to which the ballot is sent;
(d)
shall provide a method of accessible voting to a voter with a disability who is not
able to vote by mail; and
(e)
shall include, on the election officer's website and with each ballot mailed,
instructions regarding how a voter described in Subsection
(2)(d)
may vote.
(3)
(a)
An election officer who mails a manual ballot under Subsection
(2)
shall mail the
manual ballot to the address:
(i)
provided at the time of registration or updated by the voter after the time of
registration; or
(ii)
if, at or after the time of registration, the voter files an alternate address request
form described in Subsection
(3)(b)
, the alternate address indicated on the form.
(b)
The lieutenant governor shall make available to voters an alternate address request
form that permits a voter to request that the election officer mail the voter's ballot to a
location other than the voter's residence.
(c)
A voter shall provide the completed alternate address request form to the election
officer no later than 11 calendar days before the day of the election.
(d)
Beginning on November 5, 2025, through December 31, 2028, an election officer shall
include, with each ballot mailed to a voter, a separate paper document containing the following
statements:
"WARNING
If you have a valid Utah driver license or a valid Utah state identification card, failure to
provide the last four digits of the license or card number may result in your ballot not being
counted. You also have the option of providing the last four digits of your social security
number as identification. If you do not have any of these identification types, your ballot will
still be counted if your signature on the affidavit on this envelope matches your signature on
file with the election officer.
NOTICE
Beginning in 2029, you will not receive a ballot by mail unless you request to receive a
ballot by mail. You may request to receive a ballot by mail at [insert a uniform resource
locator where the voter can make the request online]. If you are unable to make a request
online, contact your county clerk's office at the following number for instructions on how to
make the request in person or by mail [insert phone number here].".
(e)
Beginning on January 1, 2029, an election officer shall include, with each ballot mailed to a
voter, a separate paper document containing the following statement:
"WARNING
If you have a valid Utah driver license or a valid Utah state identification card, failure to
provide the last four digits of your license or card number will result in your ballot not being
counted.
If you do not have a license or card described above, you may enter the last four digits of
your social security number as identification, or include a photocopy of one of the following in
the return envelope:
a currently valid identification card that is issued by the state or a branch, department, or
agency of the United States;
a currently valid Utah permit to carry a concealed weapon;
a currently valid United States passport;
a currently valid United States military identification card; or
a currently valid tribal identification card, Bureau of Indian Affairs card, or tribal treaty
card.
If you do not have any of the forms of identification listed above, you must vote in person
at a polling place, unless you qualify for an exemption from this requirement. You may obtain
information regarding an exemption at [insert a uniform resource locator where the voter can
view this information] or by calling [insert a phone number that a voter may call to access this
information]."
(4)
The return envelope
:
(a)
shall include:
(a)
(i)
(A)
before January 1, 2027,
the name, official title, and post office address
of the election officer on the front of the envelope;
or
(B)
beginning on January 1, 2027, the official title and post office address of the
election officer on the front of the envelope;
(b)
(ii)
subject to Subsection
(9)
,
beginning on or before January 1, 2026,
a place
for the voter to enter the last four digits of the voter's Utah driver license number,
Utah state identification card number, or social security number;
(c)
(iii)
the following statement:
"IMPORTANT: See the warning and notice enclosed with your ballot.";
(d)
(iv)
a space where a voter may write an email address and phone number by
which the election officer may contact the voter if the voter's ballot is rejected; and
(e)
(v)
a printed affidavit in substantially the following form:
"County of ____State of ____
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
currently incarcerated for commission of a felony.
______________________________
Signature of Voter
WARNING
The above affidavit must be signed by the voter to whom the ballot is addressed. It is a
FELONY for any other individual to sign the above affidavit, even if the voter to whom the
ballot is addressed gives permission for another to sign the affidavit for the voter."
; and
(b)
beginning on January 1, 2027, may not include the name of the election officer on
the envelope.
(5)
If the election officer determines that the voter has not yet provided valid voter
identification with the voter's voter registration, the election officer may:
(a)
mail a ballot to the voter;
(b)
instruct the voter to enclose a copy of the voter's valid voter identification in the
return envelope; and
(c)
provide instructions to the voter on how the voter may sign up to receive electronic
ballot status notifications via the ballot tracking system described in Section
20A-3a-401.5
.
(6)
An election officer who administers an election shall:
(a)
(i)
before the election, obtain the signatures of each voter qualified to vote in the
election; or
(ii)
obtain the signature of each voter within the voting precinct from the county
clerk; and
(b)
maintain the signatures on file in the election officer's office.
(7)
Upon receipt of a returned ballot, the election officer shall review and process the ballot
under Section
20A-3a-401
.
(8)
A county that administers an election:
(a)
shall provide at least one election day voting center in accordance with
Part 7,
Election Day Voting Center
, and at least one additional election day voting center for
every 5,000 active voters in the county who, under Section
20A-3a-202.5
, will not
receive a ballot by mail;
(b)
shall ensure that each election day voting center operated by the county has at least
one voting device that is accessible, in accordance with the Help America Vote Act
of 2002, Pub. L. No. 107-252, for individuals with disabilities;
(c)
may reduce the early voting period described in Section
20A-3a-601
, if:
(i)
the county clerk conducts early voting on at least four days;
(ii)
the early voting days are within the period beginning on the date that is 14
calendar days before the date of the election and ending on the day before the
election; and
(iii)
the county clerk provides notice of the reduced early voting period in accordance
with Section
20A-3a-604
; and
(d)
is not required to pay return postage for a return envelope.
(9)
A return envelope shall be designed in a manner that the information described in
Subsections
(4)(b)
and (d)
(4)(a)(ii) and (iv)
, and the voter's signature, is covered from
view after the return envelope is sealed.
(10)
A county clerk shall, at least 90 calendar days before an election administered by the
county clerk, contact local post offices to:
(a)
coordinate the handling of mail-in ballots for the upcoming election; and
(b)
take measures to ensure that
:
(i)
ballots are clearly and properly postmarked, or otherwise marked in accordance
with Subsection
20A-3a-204(2)(a)(i)
, with the date on which the ballot was
mailed; and
(ii)
ballots are delivered in an expeditious manner to optimize the timely receipt of
ballots.
Section 15. Section
20A-3a-603
is amended to read:
20A-3a-603
Effective
05/06/26
. Early voting polling places.
(1)
Except as provided in Section
20A-1-308
, the election officer shall designate one or
more polling places for early voting, as follows:
(a)
at least one polling place shall be open on each day that polls are open during the
early voting period;
(b)
each polling place shall comply with the requirements for polling places under
Chapter 5, Election Administration
;
(c)
for all elections other than local special elections, municipal primary elections, and
municipal general elections, at least 10% of the voting devices at a polling place shall
be accessible for individuals with disabilities in accordance with Public Law
107-252, the Help America Vote Act of 2002; and
(d)
each polling place shall be located in a government building or office, unless the
election officer determines that, in the area designated by the election officer, there is
no government building or office available that:
(i)
can be scheduled for use during early voting hours;
(ii)
has the physical facilities necessary to accommodate early voting requirements;
(iii)
has adequate space for voting equipment, poll workers, and voters; and
(iv)
has adequate security, public accessibility, and parking.
(2)
(a)
Except as provided in Section
20A-1-308
, the election officer may, after the
deadline described in Section
20A-3a-604
:
(i)
if necessary, change the location of an early voting place; or
(ii)
if the election officer determines that the number of early voting polling places is
insufficient due to the number of registered voters who are voting, designate
additional polling places during the early voting period.
(b)
Except as provided in Section
20A-1-308
, if an election officer changes the location
of an early voting polling place or designates an additional early voting polling place,
the election officer shall, as soon as is reasonably possible, give notice of the dates,
times, and location of the changed early voting polling place or the additional early
voting polling place:
(i)
to the lieutenant governor, for posting on the Statewide Voter Information
Website;
(ii)
by posting the information on the website of the election officer, if available; and
(i)
in accordance with Section
20A-3a-604
; and
(iii)
(ii)
by posting notice:
(A)
for a change in the location of an early voting polling place, at the new
location and, if possible, the old location; and
(B)
for an additional early voting polling place, at the additional early voting
polling place.
(3)
Except as provided in Section
20A-1-308
, for each regular general election and regular
primary election, counties of the first class shall ensure that the early voting polling
places are approximately proportionately distributed based on population within the
county.
Section 16. Section
20A-3a-604
is amended to read:
20A-3a-604
Effective
05/06/26
. Notice of time and place of early voting.
(1)
Except as provided in Section
20A-1-308
or
, and subject to
Subsection
20A-3a-603(2)
, the election officer shall
, for at least 28 calendar days before the date of
the election,
provide notice of the dates, times, and locations of early voting
by
publishing notice for the county, as a class A notice under Section
63G-30-102
.
, and
any changes to the dates, times, and locations of early voting, on the websites, at the
phone number, and at the address disclosed in the notice described in Section
20A-5a-102
.
(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 17. Section
20A-4-104
is amended to read:
20A-4-104
Effective
05/06/26
. Counting ballots electronically -- Notice of
testing tabulating equipment.
(1)
(a)
Before
No later than 21 calendar days before the day of an election, and no
earlier than 10 calendar days after the day on which the election officer provides
notice under Subsection
(1)(c)
, the election officer shall, in accordance with this
Subsection
(1)
and rules made by the director of elections under Subsection
20A-1-108(1)
, before
beginning to count ballots using automatic tabulating
equipment,
the election officer shall
test the automatic tabulating equipment to
ensure that
it
the equipment
will accurately count the votes cast for all offices and
all measures.
(b)
No later than the day of the canvass for the election, after counting ballots using
automatic tabulating equipment is completed, the election officer shall, in accordance
with this Subsection
(1)
and rules made by the chief election officer under Subsection
20A-1-108(1)
, test the automatic tabulating equipment to ensure that the equipment
accurately counted votes cast for all offices and measures.
(b)
(c)
The election officer shall provide public notice of the time and place of the
test
tests described in Subsections
(1)(a)
and
(b)
by publishing the notice
, as a class A
notice under Section
63G-30-102
, for the county, municipality, or jurisdiction where
the equipment is used, for at least 10 calendar days before the day of the test
in the
notice of election described in Section
20A-5a-202
.
(c)
(d)
The election officer shall conduct the test
described in Subsection
(1)(a)
by
processing a preaudited group of ballots.
(d)
(e)
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)
(f)
If any error is detected, the election officer shall determine the cause of the error
and correct it.
(f)
(g)
The election officer shall ensure that
:
(i)
the automatic tabulating equipment produces an errorless count
:
(i)
before beginning the actual counting; and
(ii)
before
the election returns are approved as official , the automatic tabulating
equipment passes a post election audit conducted in accordance with the rules
described in Subsection
20A-1-108(1)
the canvass for the election
.
(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)
retain and preserve each electronic copy made under Subsection
(3)(c)(ii)
in
accordance with Subsection
20A-2-202(3)
.
(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 Subsection
20A-4-202(2)
.
Section 18. Section
20A-4-202
is amended to read:
20A-4-202
Effective
05/06/26
. Election returns and election material --
Retention and disposition requirements -- Public records.
(1)
Upon receipt of the ballots and election returns from the poll workers, the election
officer shall:
(a)
ensure that the poll workers have provided all of the ballots and election returns;
(b)
inspect the ballots and election returns to ensure that they are sealed;
(c)
for manual ballots, deposit and lock the ballots and election returns in a safe and
secure place;
(d)
for mechanical ballots:
(i)
count the ballots; and
(ii)
deposit and lock the ballots and election returns in a safe and secure place; and
(e)
for bond elections, provide a copy of the election results to the board of canvassers of
the local political subdivision that called the bond election.
(2)
Each election officer shall:
(a)
before 5 p.m. on the day after the date of the election, determine the number of
provisional ballots cast within the election officer's jurisdiction and make that number
available to the public;
(b)
preserve ballots for 22 months after the date of the election or until the time has
expired during which the ballots could be used in an election contest;
(c)
preserve all other official election returns for at least 22 months after the date of the
election; and
(d)
after the time period described in Subsection
(2)(c)
, destroy the ballots and election
returns without examining the ballots and election returns.
(3)
(a)
The election officer shall:
(i)
package and retain all election material; and
(ii)
store the election material in a secure location
that is physically separate from
the location where the election officer stores ballots and election returns
.
(b)
The election officer:
(i)
may not alter or make changes to the election material;
(ii)
may make a working copy of the election material;
(iii)
may alter or make changes to the working copy of election material;
(iv)
shall preserve the election material, and any working copy of the election
material, for at least 22 months after the date of the election; and
(v)
after the time period described in Subsection
(3)(b)(iv)
, may dispose of or retain
the election material and any working copy of the election material.
(c)
An election officer:
(i)
may not release to a member of the public:
(A)
the copy of the final election results database; or
(B)
a working copy of the copy of the final election results database;
(ii)
may issue a public report based on information derived from the election material
if the report does not contain any information that directly identifies a voter who
cast a ballot;
(iii)
may only access the election material, or a working copy of the election material,
at the election officer's office; and
(iv)
may not remove the election material, or a working copy of the election material,
from
the
the election officer's office.
(4)
(a)
If an election is contested within 12 months after the date of the election, the
election officer shall, except as provided in Subsection
(4)(c)
:
(i)
keep the ballots and election returns unopened and unaltered until the contest is
complete; or
(ii)
surrender the ballots and election returns to the custody of the court having
jurisdiction of the contest when ordered or subpoenaed to do so by that court.
(b)
Except as provided in Subsection
(4)(c)
, when all election contests arising from an
election are complete, the election officer shall either:
(i)
retain the ballots and election returns until the time for preserving them under this
section has run; or
(ii)
destroy the ballots and election returns remaining in the election officer's custody
without examining the ballots and election returns if the time for preserving them
under this section has run.
(c)
(i)
An auditor conducting an audit described in Section
36-12-15.2
may examine
the ballots and election returns described in this Subsection
(4)
.
(ii)
The lieutenant governor may examine the ballots and election returns described in
this Subsection
(4)
.
(5)
Notwithstanding the provisions of this section, the legislative auditor general:
(a)
may make and keep a copy of ballots or election returns as part of a legislative audit;
and
(b)
may not examine, make a copy, or keep a copy of a ballot in a manner that identifies
the ballot with the voter who casts the ballot.
(6)
Each of the following is not a record, and is not subject to disclosure, under
Title 63G,
Chapter 2, Government Records Access and Management Act
:
(a)
all ballots and election returns;
(b)
all election material;
(c)
any working copy of election material that the election officer makes under
Subsection
(3)(b)(ii)
; and
(d)
a copy described in Subsection
(5)(a)
.
(7)
Each of the following is a public record under Title 63G, Chapter 2, Government
Records Access and Management Act:
(a)
the final report of the disposition of all rejected and resolved ballots described in
Subsection
20A-3a-401(11)(b)
;
(b)
the results and tally of all ballots that have been counted described in Subsection
20A-3a-402(2)
;
(c)
each posting of ballot statistics described in Section
20A-3a-405
; and
(d)
any early unofficial returns or reports described in Subsection
20A-4-104(4)
.
(8)
The retention and disposition requirements described in this section for ballots, election
returns, and election material:
(a)
supersede the retention and disposition requirements for ballots, election returns, and
election material that were in effect before the effective date of this bill; and
(b)
apply to ballots, election returns, and election material created before, on, or after the
effective date of this bill.
(9)
The retention and disposition requirements described in this section do not require the
creation of a record that an election officer is not otherwise required to create.
Section 19. Section
20A-4-304
is amended to read:
20A-4-304
Effective
05/06/26
. Declaration of results -- Canvassers' report.
(1)
(a)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
a
A
board of canvassers shall declare "elected" or "nominated" those persons who:
(i)
had the highest number of votes; and
(ii)
sought election or nomination to an office completely within the board's
jurisdiction.
(b)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a
A
board of canvassers shall declare a "tie vote" if:
(i)
two or more candidates for an office receive an equal and the highest number of
votes for that office; or
(ii)
in a race for an at-large office:
(A)
two or more candidates receive an equal number of votes; and
(B)
a recount is necessary to determine which candidates are elected to the at-large
office.
(c)
A board of canvassers shall declare:
(i)
"approved" those ballot propositions that:
(A)
had more "yes" votes than "no" votes; and
(B)
were submitted only to the voters within the board's jurisdiction; or
(ii)
"rejected" those ballot propositions that:
(A)
had more "no" votes than "yes" votes or an equal number of "no" votes and
"yes" votes; and
(B)
were submitted only to the voters within the board's jurisdiction.
(d)
A board of canvassers shall:
(i)
certify the vote totals for candidates and for and against ballot propositions that
were submitted to voters within and beyond the board's jurisdiction and transmit
those vote totals to the lieutenant governor; and
(ii)
if applicable, certify the results of each special district election to the special
district clerk.
(2)
The election officer shall submit a report to the board of canvassers that includes the
following information:
(a)
a statement of votes cast, disclosing:
(i)
the total number of votes cast in the board's jurisdiction; and
(ii)
for each office that appeared on the ballot:
(A)
the name of each candidate whose name appeared on the ballot; and
(B)
whether the candidate is an unaffiliated candidate, a valid write-in candidate,
or, if the candidate is affiliated with or the nominee of a registered political
party, the name of the registered political party;
(b)
the title of each ballot proposition that appeared on the ballot;
(c)
the total number of votes given in the board's jurisdiction to each candidate, and for
and against each ballot proposition;
(d)
from each voting precinct:
(i)
the number of votes for each candidate;
(ii)
for each race conducted by instant runoff voting under Part 6, Municipal
Alternate Voting Methods Pilot Project, the number of valid votes cast for each
candidate for each potential ballot-counting phase and the name of the candidate
excluded in each ballot-counting phase; and
(iii)
the number of votes for and against each ballot proposition;
(e)
standardized statistics, on a form provided by the lieutenant governor, disclosing, at a
minimum:
(i)
the number of active voters in the board's jurisdiction as of the Friday before
election day;
(ii)
the number of ballots counted by the election officer that were cast by voters who
registered to vote on election day under Section
20A-2-207
;
(iii)
the total number of ballots counted by the election officer;
(iv)
the quotient of the number described in Subsection
(2)(e)(iii)
divided by the sum
of the numbers described in
Subsections (2)(e)(i) and (ii)
Subsection
(2)(e)(i)
;
(v)
of the number described in Subsection
(2)(e)(iii)
:
(A)
the number of provisional ballots cast at a polling place; and
(B)
the number of ballots cast using a voting method described in Section
20A-3a-201
;
(vi)
a reconciliation of the number of ballots the election officer counted and the
number of voters given credit for voting in the election;
(vii)
if there is a difference between the numbers described in Subsection
(2)(e)(vi)
,
an explanation for the difference;
(viii)
the number of provisional ballots that could not legally be counted; and
(ix)
each of the following:
(A)
the number of ballots, other than provisional ballots, that were rejected
because the ballots could not legally be cured;
(B)
the number of ballots, other than provisional ballots, that were rejected, could
have been cured by the voter, but were not cured;
(C)
the number of uncounted ballots received after the deadline described in
Subsection
20A-3a-204(3)
; and
(D)
the percentage of ballots that were returned as undeliverable;
(f)
subject to Subsection
(3)
, a cast vote record report that contains only the following
information from the election results database:
(i)
for the jurisdiction administering the election:
(A)
the title of each ballot proposition appearing on the ballots;
(B)
a description of each race for federal office, statewide office, state legislative
office, state school board office, county office, local school board office, or
municipal office appearing on the ballots; and
(C)
the name of each candidate for an office described in Subsection
(2)(f)(i)(B)
;
(ii)
the numeric identifier described in Subsection
20A-5-802.5(2)(b)
;
(iii)
the vote cast by a voter for:
(A)
a candidate for an office described in Subsection
(2)(f)(i)(B)
;
(B)
a valid write-in candidate; and
(C)
each ballot proposition;
(iv)
if a voter's vote was not counted, an indication that the vote was not counted
because:
(A)
the voter cast a vote for more than one candidate for a single office; or
(B)
the voter made more than one selection for a single ballot proposition;
(v)
if a voter was eligible to cast a vote, but did not cast a vote, an indication that the
voter did not cast a vote; and
(vi)
if a ballot proposition or an office described in Subsection
(2)(f)(i)(B)
did not
appear on the voter's ballot:
(A)
an indication that the voter was ineligible to cast a vote for the ballot
proposition or office; or
(B)
a blank field or space in the portion of the report representing the ballot
proposition or office;
(g)
other information required by law to be provided to the board of canvassers; and
(h)
a statement certifying that the information contained in the report is accurate.
(3)
The cast vote record report described in Subsection
(2)(f)
may not include:
(a)
any special district office or special district ballot proposition appearing on a ballot in
the jurisdiction administering the election;
(b)
the vote cast by a voter for a special district office or special district ballot
proposition;
(c)
the voter precinct number associated with a ballot; or
(d)
information that directly identifies the voter who cast the ballot.
(4)
For an election in which the election officer does not use automatic tabulating
equipment, the election officer shall:
(a)
review the votes cast on each ballot that is counted;
(b)
manually compile the information described in Subsection
(2)(f)
in a file format
described in Subsection
(8)(c)
;
(c)
ensure that the file does not contain the information described in Subsection
(3)
; and
(d)
include a copy of the file in the board of canvassers' report.
(5)
The election officer and the board of canvassers shall:
(a)
review the report to ensure that the report is correct; and
(b)
sign the report.
(6)
The election officer shall:
(a)
record or file the certified report in a book kept for that purpose;
(b)
prepare and transmit a certificate of nomination or election under the officer's seal to
each nominated or elected candidate;
(c)
publish a copy of the certified report in accordance with Subsection
(7)
; and
(d)
file a copy of the certified report with the lieutenant governor.
(7)
Subject to Subsection
(8)
, an election officer shall, no later than three business days
after the day on which the board of canvassers declares the election results, publish a
notice of the certified report described in Subsection
(2)
as a class A notice under
Section
63G-30-102
.
(8)
The class A notice described in Subsection
(7)
shall:
(a)
include the following statement: "The Board of Canvassers for [indicate name of
jurisdiction] has prepared a report of the election results for the [indicate type and
date of election].";
(b)
specify the following sources where an individual may view or obtain a copy of the
entire certified report:
(i)
the Utah Public Notice Website;
(ii)
if the election officer is required to publish the notice on the board's jurisdiction's
website under Subsection
63G-30-102(1)(b)
, the jurisdiction's website;
(iii)
the physical address for the board's jurisdiction; and
(iv)
a mailing address and telephone number; and
(c)
subject to Subsection
(9)
, for the website posting described in Subsections
63G-30-102(1)(a)
and
(b)
, include a copy of the certified report in the following file
formats:
(i)
except for the cast vote record report described in Subsection
(2)(f)
, a PDF or
similar file; and
(ii)
for the cast vote record report described in Subsection
(2)(f)
, one or more
spreadsheets, Comma Separated Values files, or another common type of
delimited or fixed-width files.
(9)
An election officer may post the information required to be included in the cast vote
record report described in Subsection
(2)(f)
as a text-based file that represents structured
information through key value pairs and ordered collections of data in lieu of including
that information in a file described in Subsection
(8)(c)(ii)
if
:
(a)
the race for elective office was conducted using instant runoff voting under Chapter
4, Part 6, Municipal Alternate Voting Methods Pilot Project; and
(b)
the tabulating equipment does not produce a file described in Subsection
(8)(c)(ii)
that accurately records all the preferences cast by a voter on the voter's ballot.
(10)
An election officer shall publish the class A notice described in Subsection
(7)
for the
following time periods:
(a)
in relation to posting the notice on the Utah Public Notice Website under Subsection
63G-30-102(1)(a)
, indefinitely;
(b)
in relation to posting the notice on the election officer's jurisdiction's website under
Subsection
63G-30-102(1)(b)
, for at least 180 calendar days after the day of the
deadline described in Subsection
(7)
; and
(c)
in relation to posting the notice in a physical location under Subsection
63G-30-102(1)(c)
, for at least seven calendar days after the day of the deadline
described in Subsection
(7)
.
(11)
An election officer:
(a)
shall ensure that an individual may obtain a copy of the certified report in a file
format described in:
(i)
Subsection
(8)(c)
; and
(ii)
if applicable, Subsection
(9)
; and
(b)
may make the certified report available in any computer-readable format that the
election officer determines is helpful to members of the public.
(12)
When there has been a regular general or a statewide special election for statewide
officers, for officers that appear on the ballot in more than one county, or for a statewide
or two or more county ballot proposition, each board of canvassers shall, immediately
upon adjournment of the board, transmit to the lieutenant governor a report detailing the
number of votes for each candidate and the number of votes for and against each ballot
proposition.
(13)
In each county election, municipal election, school election, special district election,
and local special election, the election officer shall transmit the reports to the lieutenant
governor within 14 calendar days after the date of the election.
(14)
In a regular primary election and in a presidential primary election, the board of
canvassers shall, immediately upon adjournment of the board, transmit to the lieutenant
governor:
(a)
the county totals for multi-county races; and
(b)
a complete tabulation showing voting totals for all primary races, precinct by
precinct.
Section 20. Section
20A-5-401.1
, which is renumbered from Section 20A-5-102 is renumbered
and amended to read:
20A-5-102
20A-5-401.1
Effective
05/06/26
. Voting instructions.
(1)
Each election officer shall:
(a)
print instructions for voters;
(b)
ensure that the instructions are printed in English, and any other language required
under the Voting Rights Act of 1965, as amended, in large clear type; and
(c)
ensure that the instructions inform voters:
(i)
about how to obtain, and how to return, ballots for voting;
(ii)
about special political party affiliation requirements for voting in a regular
primary election or presidential primary election;
(iii)
about how to prepare ballots cast at a polling place for deposit in the ballot box;
(iv)
about how to prepare a mailed ballot for return;
(v)
about how to record write-in votes;
(vi)
about how to obtain a new ballot in the place of one spoiled by accident or
mistake;
(vii)
about how to obtain assistance in marking ballots;
(viii)
about obtaining a new ballot if the voter's ballot is defaced;
(ix)
that identification marks or the spoiling or defacing of a ballot will make it
invalid;
(x)
about how to obtain and vote a provisional ballot;
(xi)
about whom to contact to report election fraud;
(xii)
about applicable federal and state laws regarding:
(A)
voting rights and the appropriate official to contact if the voter alleges that the
voter's rights have been violated; and
(B)
prohibitions on acts of fraud and misrepresentation;
(xiii)
about procedures governing mail-in registrants and first-time voters; and
(xiv)
about the date of the election and the hours that the polls are open on election
day.
(2)
Each election officer shall:
(a)
provide the election judges of each voting precinct with sufficient instruction cards to
instruct voters in the preparation of the voters' ballots; and
(b)
direct the election judges to post:
(i)
general voting instructions in each voting booth;
(ii)
at least three instruction cards at other locations in the polling place; and
(iii)
at least one sample ballot at the polling place.
Section 21. Section
20A-5-401.2
, which is renumbered from Section 20A-5-103 is renumbered
and amended to read:
20A-5-103
20A-5-401.2
Effective
05/06/26
. Constitutional amendments --
Posting.
(1)
Whenever a constitutional amendment is submitted to a vote of the people for their
approval or rejection, the county clerk shall:
(a)
cause the original section of the constitution to be printed on cards in large clear type
with the changes to it indicated by bracketing and interlining any language proposed
to be repealed and underlining any new language proposed to be inserted; and
(b)
place the question as it appears upon the official ballot after the original section.
(2)
If there is more than one amendment submitted, the clerk shall ensure that the proposed
amendments are placed upon the cards in columns in the same order as they will appear
upon the official ballot.
(3)
Each county clerk shall:
(a)
provide the election judges for each voting precinct with two constitutional
amendment cards; and
(b)
direct the election judges to post the two constitutional amendment cards in and
about the polling place.
Section 22. Section
20A-5a-101
is enacted to read:
5a. Election Notices
1. General Provisions -- Election Notice Requirements
20A-5a-101
Effective
05/06/26
. Definitions.
As used in this part, "unopposed" means, as it relates to a regular primary election:
(1)
for a race for a single office, only one individual qualifies for placement on the primary
election ballot to seek the nomination of a particular registered political party for that
office; or
(2)
for a race where two or more individuals will be elected to fill an office, the number of
individuals who qualify for placement on the primary election ballot to seek the
nomination of a particular registered political party for that office does not exceed the
total number of candidates to be elected to that office.
Section 23. Section
20A-5a-102
is enacted to read:
20A-5a-102
Effective
05/06/26
. Notice of election -- Publication required by
election officer.
(1)
Except as otherwise provided for an election described in Section
20A-7-609.5
, the
election officer for an election shall publish notice of the election, as described in
Subsection
(2)
, for the jurisdiction as a class A notice under Section
63G-30-102
, for at
least 30 calendar days before the day of the election.
(2)
The election notice shall include:
(a)
the heading "Election Notice," in bold;
(b)
for an election notice given by a county clerk:
(i)
if the election is a regular primary election, the following statement:
"Notice is given that a regular primary election will be held on Tuesday, [insert
date] to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the regular primary election ballot.";
(ii)
if the election is a regular general election, the following statement:
"Notice is given that a regular general election will be held on Tuesday, [insert
date] to elect candidates to the offices listed on the regular general election
ballot."; or
(iii)
if the election is a special election or a presidential primary election, a statement,
similar to a statement described in Subsection
(2)(b)(i)
or (ii) that states the day,
date, and purpose of the election;
(c)
for an election notice given by a municipal clerk:
(i)
if the election is a municipal primary election, the following statement:
"Notice is given that a municipal primary election will be held on Tuesday,
[insert date] to nominate candidates for the municipal offices listed on the
municipal primary election ballot.";
(ii)
if the election is a municipal general election, the following statement: "Notice is
given that a municipal general election will be held on Tuesday, [insert date] to
elect candidates to the offices listed on the municipal general election ballot."; or
(iii)
if the election is a special election, a statement, similar to a statement described
in Subsection
(2)(c)(i)
or
(ii)
that states the day, date, and purpose of the election;
(d)
for an election notice given by a special district clerk, a statement similar to the
statements described in Subsection
(2)(b)
or
(c)
that states the day, date, and purpose
of the election;
(e)
after the statement described in Subsection
(2)(b)
, (c), or (d), as applicable, the
following statement:
"For voters receiving a ballot by mail, ballots will be mailed beginning 21
calendar days before the election. The location of ballot drop boxes, the location and
hours of polling places, including early voting polling places and hours, and
qualifications of individuals who may vote in the election can be found at [insert
name of election officer's or jurisdiction's website, if any, and a state voting website
designated by the lieutenant governor], by calling [insert phone number for election
officer's office], or at [insert street address of the election officer's office]. On the day
of the election, the polls will open at 7 a.m. and continue open until 8 p.m. Attest:
[insert "County Clerk," "Municipal Clerk," or "Special District Clerk"]."; and
(f)
after the statement described in Subsection
(2)(e)
, instructions regarding how an
individual with a disability, who is not able to vote a manual ballot by mail, may
obtain information on voting in an accessible manner.
(3)
The notice described in this section may not include the name of the election officer.
(4)
The election officer shall include in the notice of election the notice of pre-election and
post-election automatic tabulating equipment testing described in Subsection
20A-4-104(1)
.
Section 24. Section
20A-5a-201
, which is renumbered from Section 20A-5-101 is renumbered
and amended to read:
2. Notices for Regular Election Year
20A-5-101
20A-5a-201
Effective
05/06/26
. State notice of candidate filing for
regular election -- Notice of statewide ballot propositions.
(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;
the
second Friday after the first Monday in November in an odd-numbered year, the
lieutenant governor shall:
(a)
publish for the state, as a class A notice under Section
63G-30-102
, for 30 calendar
days, the notice described in Subsection
(2)
; and
(b)
transmit the notice described in Subsection
(2)
to each county clerk.
(2)
The notice required under Subsection
(1)
shall:
(a)
designate the offices to be filled at the next year's regular general election for:
(i)
a federal office;
(ii)
a statewide constitutional office;
(iii)
state senator;
(iv)
state representative; and
(v)
State Board of Education member;
(b)
identifies
identify
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
the offices described in
Subsection
(2)(a)
;
and
(c)
contains a description of any
describe the statewide
ballot propositions to be
decided by the voters that have qualified for the ballot as of that date
.
; and
(d)
designate a webpage that, for each elective office, states the total number of
signatures that must be submitted under Subsection
20A-9-403(3)(a)(ii)
or
20A-9-408(8)
, with the necessary calculations made by counting the aggregate
number of individuals residing in each elective office's political division who have
designated a particular registered political party on the individuals' voter registration
forms on or before November 15 of each odd-numbered year.
(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 for the county, as a class A notice under Section
63G-30-102
, for
seven business days before the day of the election and in accordance with Subsection
(3)
.
(b)
The county clerk shall prepare an affidavit of the posting under Subsection
(2)(a)
,
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;
(f)
the qualifications for persons to vote in the election: and
(g)
instructions regarding how an individual with a disability, who is not able to vote a
manual ballot by mail, may obtain information on voting in an accessible manner.
(5)
The election officer shall provide the notice described in Subsection
(4)
for the
jurisdiction, as a class A notice under Section
63G-30-102
, for at least seven business
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 25. Section
20A-5a-202
is enacted to read:
20A-5a-202
Effective
05/06/26
. County notice of candidate filing for regular
election -- Notice of local ballot propositions.
On or before the third Friday after the first Monday in November in an odd-numbered
year, the clerk of a county shall publish for the county, as a class A notice under Section
63G-30-102
, for 30 calendar days, notice that includes:
(1)
the portion of the information, provided to the county clerk by the lieutenant governor
under Section
20A-5a-201
, relating to races in which a resident of the county may vote;
(2)
the offices to be filled at the next year's regular general election for:
(a)
county offices for the county; and
(b)
local school board offices in the county;
(3)
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 the offices described in Subsection
(2)(a)
;
(4)
the dates for filing a declaration of candidacy for local school board offices in the
county; and
(5)
a description of the local ballot propositions to be decided by the voters that have
qualified for the ballot as of that date.
Section 26. Section
20A-5a-203
is enacted to read:
20A-5a-203
Effective
05/06/26
. Special district notice of candidate filing for
regular election.
On or before the first business day in February of an even-numbered year, the clerk of a
special district shall provide to each county clerk of a county in which all or a part of the
special district is located written notice of the special district offices to be voted on in the
upcoming regular general election.
Section 27. Section
20A-5a-204
is enacted to read:
20A-5a-204
Effective
05/06/26
. Registered political party notice of convention
results.
(1)
On or before noon on the Monday after a registered political party's nominating
convention, the party liaison for the registered political party shall provide to the
lieutenant governor, in writing, the convention results for:
(a)
the registered political party's state convention; and
(b)
each of the registered political party's county conventions.
(2)
The lieutenant governor shall provide the convention results described in Subsection
(1)
to the county clerk of each county to which the results relate before the end of the first
business day that is on or after the day on which the lieutenant governor receives the
convention results.
Section 28. Section
20A-5a-205
is enacted to read:
20A-5a-205
Effective
upon governor's approval
. Certification of state
candidates for regular primary election.
(1)
On or before the first Wednesday after the fourth Saturday in April of an
even-numbered year, the lieutenant governor shall:
(a)
publish for the state, as a class A notice under Section
63G-30-102
, for 30 calendar
days, the notice described in Subsection
(2)
; and
(b)
(i)
transmit to each county clerk the notice described in Subsection
(2)
; or
(ii)
transmit the portion of the notice described in Subsection
(2)
that relates to a
particular county to the county clerk for that county.
(2)
The notice required under Subsection
(1)
:
(a)
shall list the names of all candidates who are qualified for placement on the regular
primary election ballot for a county, by office, for the following offices:
(i)
a federal office;
(ii)
a statewide constitutional office;
(iii)
state senator;
(iv)
state representative; and
(v)
State Board of Education member;
(b)
shall, in accordance with Sections
20A-6-109
and
20A-6-110
, include instructions on
how the names of candidates will appear on the primary election ballot; and
(c)
may not include candidates who are unopposed in the regular primary election.
Section 29. Section
20A-5a-206
is enacted to read:
20A-5a-206
Effective
upon governor's approval
. Certification of county
candidates for regular primary election.
(1)
No later than two business days after the day on which the lieutenant governor provides
the notice described in Section
20A-5a-205
to a county clerk, that county clerk shall
publish for the county, as a class A notice under Section
63G-30-102
, for 30 calendar
days, the notice described in Subsection
(2)
.
(2)
The notice required under Subsection
(1)
:
(a)
shall include the portion of the notice, provided to the county clerk by the lieutenant
governor under Section
20A-2-205
, relating to races in which a resident of the county
may vote;
(b)
except as provided in Subsection
(2)(d)
, shall include all candidates who have
qualified for placement on a primary election ballot in the county for county office or
local school board office;
(c)
shall, in accordance with Sections
20A-6-109
and
20A-6-110
, include instructions on
how the names of candidates will appear on the primary election ballot; and
(d)
may not include candidates who are unopposed in the regular primary election.
Section 30. Section
20A-5a-207
is enacted to read:
20A-5a-207
Effective
05/06/26
. Certification of special district candidates for
regular primary election.
(1)
On or before the first Wednesday after the fourth Saturday in April of an
even-numbered year, the clerk of a special district that will, in accordance with
Subsection
17B-1-306(6)
, hold a primary election that year shall send to each county
clerk in which all or part of the special district is located a notice containing a list of
names of all candidates who are qualified for placement on the regular primary election
ballot, by office, for each special district office.
(2)
No later than two business days after the day on which a special district clerk complies
with Subsection
(1)
, the special district clerk shall publish for the special district, as a
class A notice under Section
63G-30-102
, for 30 calendar days, the notice described in
Subsection
(1)
.
Section 31. Section
20A-5a-208
is enacted to read:
20A-5a-208
Effective
05/06/26
. Regular primary election notice -- Counties --
Special districts.
(1)
No later than 32 calendar days before the day of the regular primary election, a county
clerk shall, in accordance with Section
20A-5a-102
, publish notice of the regular
primary election for the county, as a class A notice under Section
63G-30-102
, for the
entire period beginning on the day on which the county clerk publishes the notice, and
ending at the end of the day of the regular primary election.
(2)
Except as provided in Subsection
(3)
, no later than 32 calendar days before the day of
the regular primary election, the clerk of a special district that will, in accordance with
Subsection
17B-1-306(6)
, hold a primary election that year, shall, in accordance with
Section
20A-5a-102
, publish notice of the regular primary election for the special
district, as a class A notice under Section
63G-30-102
, for the entire period beginning on
the day on which the special district clerk publishes the notice, and ending at the end of
the day of the regular primary election.
(3)
The county clerk may publish the notice described in Subsection
(2)
for the special
district clerk, or in combination with the notice described in Subsection
(1)
, if the special
district clerk contracts for the county clerk to conduct the special district election.
Section 32. Section
20A-5a-209
, which is renumbered from Section 20A-9-701 is renumbered
and amended to read:
20A-9-701
20A-5a-209
Effective
05/06/26
. Certification of state candidates for
regular general election -- Ballot propositions -- Display on ballot.
(1)
No later than August 31 of each regular general election year, the lieutenant governor
shall certify to each county clerk, for offices to be voted upon at the regular general
election in that county clerk's county:
(a)
the names of each candidate nominated under Subsection
20A-9-202(4)
or
Subsection
20A-9-403(5)
; and
(b)
the names of the candidates for president and vice president that are certified by the
registered political party as the party's nominees.
(1)
On or before the last business day in August of an even-numbered year, the lieutenant
governor shall:
(a)
publish for the state, as a class A notice under Section
63G-30-102
, for 30 calendar
days, the notice described in Subsection
(2)
; and
(b)
(i)
transmit to each county clerk the notice described in Subsection
(2)
; or
(ii)
transmit the portion of the notice described in Subsection
(2)
that relates to a
particular county to the county clerk for that county.
(2)
The notice required under Subsection
(1)
:
(a)
shall list the names of all candidates who are qualified for placement on the regular
general election ballot for a county, by office, for the following offices:
(i)
a federal office;
(ii)
a statewide constitutional office;
(iii)
state senator;
(iv)
state representative; and
(v)
State Board of Education member;
(b)
shall, in accordance with Sections
20A-6-109
and
20A-6-110
, include instructions on
how the names of candidates will appear on the primary election ballot; and
(c)
shall include information on statewide ballot propositions that have qualified for
placement on the ballot.
(2)
(3)
The names shall be certified by the lieutenant governor and shall be displayed on
the ballot as they are provided on the candidate's declaration of candidacy. No other
names may appear on the ballot as affiliated with, endorsed by, or nominated by any
other registered political party, political party, or other political group.
Section 33. Section
20A-5a-210
is enacted to read:
20A-5a-210
Effective
05/06/26
. Certification of county candidates for regular
general election -- Ballot propositions.
(1)
A county clerk shall publish for the county, as a class A notice under Section
63G-30-102
, for 30 calendar days, the notice described in Subsection
(2)
:
(a)
no earlier than the first business day that is at least two calendar days after the day on
which the lieutenant governor provides the notice described in Section
20A-5a-209
to
the county clerk; and
(b)
no later than the second business day in September.
(2)
The notice required under Subsection
(1)
:
(a)
shall include the portion of the notice, provided to the county clerk by the lieutenant
governor under Section
20A-5a-209
, relating to races in which a resident of the
county may vote;
(b)
shall include all candidates who have qualified for placement on the regular general
election ballot in the county for county office or local school board office;
(c)
shall, in accordance with Sections
20A-6-109
and
20A-6-110
, include instructions on
how the names of candidates will appear on the regular general election ballot; and
(d)
shall include information on local ballot propositions that have qualified for
placement on the ballot.
Section 34. Section
20A-5a-211
is enacted to read:
20A-5a-211
Effective
05/06/26
. Certification of special district candidates for
regular general election.
(1)
Except as provided in Subsection
(3)
, on or before the last business day in August of an
even-numbered year, the clerk of a special district shall send to each county clerk in
which all or part of the special district is located a notice containing a list of names of all
candidates who are qualified for placement on the regular general election ballot, by
office, for each special district office.
(2)
Except as provided in Subsection
(3)
, the clerk of a special district shall publish for the
special district, as a class A notice under Section
63G-30-102
, for 30 calendar days, the
notice described in Subsection
(1)
, beginning on the earlier of:
(a)
the first business day that is at least two calendar days after the day on which the
clerk of the special district complies with Subsection
(1)
; or
(b)
the second business day in September.
(3)
If the special district contracts for the county clerk to conduct the special district
election:
(a)
the special district clerk is not required to comply with Subsection
(1)
; and
(b)
the county clerk may publish the notice described in Subsection
(2)
for the special
district clerk.
Section 35. Section
20A-5a-212
is enacted to read:
20A-5a-212
Effective
05/06/26
. Notice of cancellation of special district election
in an even-numbered year.
(1)
A special district board that cancels an election in an even-numbered year under Section
20A-1-206
shall provide notice that the election is canceled by complying with
Subsection
(2)
:
(a)
no earlier than the day after the deadline, described in Subsection
20A-9-601(1)(a)
,
for a write-in candidate to file a declaration of candidacy for the regular general
election; and
(b)
no later than 32 calendar days before the day of the regular general election.
(2)
A special district board described in Subsection
(1)
shall provide notice that the election
is canceled by:
(a)
sending notice to each county where all or a portion of the special district is located;
(b)
sending the notice to the lieutenant governor's office to be posted on the Statewide
Electronic Voter Information Website described in Section
20A-7-801
, for at least 15
calendar days before the day of the regular general election; and
(c)
publishing notice for the special district, as a class A notice under Section
63G-30-102
, for at least 15 calendar days before the day of the regular general
election.
Section 36. Section
20A-5a-213
is enacted to read:
20A-5a-213
Effective
05/06/26
. Regular general election notice -- Counties --
Special districts.
(1)
No later than 32 calendar days before the day of the regular general election, the county
clerk shall, in accordance with Section
20A-5a-102
, publish notice of the regular general
election for the county, as a class A notice under Section
63G-30-102
, for the entire
period beginning on the day on which the county clerk publishes the notice, and ending
at the end of the day of the regular general election.
(2)
Except as provided in Subsection
(3)
, the clerk of a special district shall, in accordance
with Section
20A-5a-102
, publish notice of the regular general election for the special
district, as a class A notice under Section
63G-30-102
, for the entire period beginning on
the day on which the special district clerk publishes the notice, and ending at the end of
the day of the regular general election.
(3)
The county clerk may publish the notice described in Subsection
(2)
for the special
district clerk if the special district clerk contracts for the county clerk to conduct the
special district election.
Section 37. Section
20A-5a-301
is enacted to read:
3. Notices for Municipal Election Year
20A-5a-301
Effective
05/06/26
. Municipal notice of open offices for municipal
election.
On or before the first business day in February of an odd-numbered year, the election
officer for a municipality shall provide to each county clerk of a county in which all or a part
of the municipality is located written notice of the municipal offices to be voted on in the
upcoming municipal general election.
Section 38. Section
20A-5a-302
is enacted to read:
20A-5a-302
Effective
05/06/26
. Special district notice of open offices for
municipal election.
On or before the first business day in February of an odd-numbered year, the clerk of a
special district shall provide to each county clerk of a county in which all or a part of the
special district is located written notice of the special district offices to be voted on in the
upcoming municipal general election.
Section 39. Section
20A-5a-303
is enacted to read:
20A-5a-303
Effective
05/06/26
. Municipal notice of candidate filing for
municipal election.
On or before the first business day in May of an odd-numbered year, the election officer
of a municipality shall publish for the municipality, as a class A notice under Section
63G-30-102
, for 30 calendar days:
(1)
a list of the municipal offices to be voted on in the upcoming municipal general
election; and
(2)
the declaration of candidacy period, described in Subsection
20A-9-203(3)(d)
, for the
municipal offices described in Subsection
(1)
.
Section 40. Section
20A-5a-304
is enacted to read:
20A-5a-304
Effective
05/06/26
. Special district notice of candidate filing for
municipal election.
On or before the first business day in May of an odd-numbered year, the clerk of a
special district shall publish for the special district, as a class A notice under Section
63G-30-102
, for 30 calendar days:
(1)
a list of the special district offices to be voted on in the upcoming municipal general
election; and
(2)
the declaration of candidacy period, described in Subsection
20A-9-203(3)(d)
, for the
special district offices described in Subsection
(1)
.
Section 41. Section
20A-5a-305
is enacted to read:
20A-5a-305
Effective
05/06/26
. Municipal certification of candidates for
municipal primary election.
No later than two business days after the day on which the declaration of candidacy
period described in Subsection
20A-9-203(3)(d)
ends, the election officer of a municipality
shall:
(1)
send to each county clerk in which all or part of the municipality is located a notice
containing a list of names of all candidates who are qualified for placement on the
regular primary election ballot, by office, for each municipal office; and
(2)
publish for the municipality, as a class A notice under Section
63G-30-102
, for 30
calendar days, the notice described in Subsection
(1)
.
Section 42. Section
20A-5a-306
is enacted to read:
20A-5a-306
Effective
05/06/26
. Special district certification of candidates for
municipal primary election.
No later than two business days after the day on which the declaration of candidacy
period described in Subsection
20A-9-203(3)(d)
ends, the clerk of a special district that will, in
accordance with Subsection
17B-1-306(6)
, hold a primary election that year shall:
(1)
send to each county clerk in which all or part of the special district is located a notice
containing a list of names of all candidates who are qualified for placement on the
regular primary election ballot, by office, for each special district office; and
(2)
publish for the special district, as a class A notice under Section
63G-30-102
, for 30
calendar days, the notice described in Subsection
(1)
.
Section 43. Section
20A-5a-307
is enacted to read:
20A-5a-307
Effective
05/06/26
. Municipal primary election notice --
Municipalities -- Special districts.
(1)
Except as provided in Subsection
(3)
, no later than 32 calendar days before the day of
the municipal primary election, the election officer of a municipality shall, in accordance
with Section
20A-5a-102
, publish notice of the municipal primary election for the
county, as a class A notice under Section
63G-30-102
, for the entire period beginning on
the day on which the election officer of the municipality publishes the notice, and
ending at the end of the day of the municipal primary election.
(2)
Except as provided in Subsection
(3)
, no later than 32 calendar days before the day of
the municipal primary election, the clerk of a special district that will hold a primary
election that year shall, in accordance with Section
20A-5a-102
, publish notice of the
special primary election for the special district, as a class A notice under Section
63G-30-102
, for the entire period beginning on the day on which the clerk of the special
district publishes the notice, and ending at the end of the day of the municipal primary
election.
(3)
The county clerk may:
(a)
publish the notice described in Subsection
(1)
for the municipality, if the election
officer for the municipality contracts for the county to conduct the municipal primary
election;
(b)
publish the notice described in Subsection
(2)
for the special district if the special
district clerk contracts for the county clerk to conduct the special district primary
election; or
(c)
subject to Subsections
(3)(a)
and
(b)
, publish the notices described in Subsections
(1)
and
(2)
as a combined notice.
Section 44. Section
20A-5a-308
is enacted to read:
20A-5a-308
Effective
05/06/26
. Certification of municipal candidates for
municipal general election -- Ballot propositions.
(1)
The election officer of a municipality shall provide the notice described in Subsection
(2)
on or before the later of:
(a)
the last business day in August of an odd-numbered year; or
(b)
in the case of a recount in a primary election race for the municipality, two business
days after the day on which the recount results are certified.
(2)
The election officer of a municipality shall provide the notice required under Subsection
(1)
by:
(a)
sending to each county clerk in which all or part of the municipality is located:
(i)
a list of names of all candidates who are qualified for placement on the municipal
general election ballot, by office, for each municipal office; and
(ii)
information on local ballot propositions that have qualified for placement on the
ballot; and
(b)
publishing for the municipality, as a class A notice under Section
63G-30-102
, for 30
calendar days, the list described in Subsection
(2)(a)
.
Section 45. Section
20A-5a-309
is enacted to read:
20A-5a-309
Effective
05/06/26
. Certification of special district candidates for
municipal general election.
(1)
The clerk of a special district shall provide the notice described in Subsection
(2)
on or
before the later of:
(a)
the last business day in August of an odd-numbered year; or
(b)
in the case of a recount in a primary election race for the special district, two
business days after the day on which the recount results are certified.
(2)
The clerk of a special district shall provide the notice required under Subsection
(1)
by:
(a)
sending to each county clerk in which all or part of the special district is located a list
of names of all candidates who are qualified for placement on the municipal general
election ballot, by office, for each special district office; and
(b)
publishing for the special district, as a class A notice under Section
63G-30-102
, for
30 calendar days, the list described in Subsection
(2)(a)
.
Section 46. Section
20A-5a-310
is enacted to read:
20A-5a-310
Effective
05/06/26
. Notice of cancellation of municipal general
election.
(1)
A municipal legislative body that cancels an election under Section
20A-1-206
shall
provide notice that the election is canceled by complying with Subsection
(2)
:
(a)
no earlier than the day after the deadline, described in Subsection
20A-9-601(1)(a)
,
for a write-in candidate to file a declaration of candidacy for the municipal general
election; and
(b)
no later than 32 calendar days before the day of the municipal general election.
(2)
A municipal legislative body described in Subsection
(1)
shall provide notice that the
election is canceled by:
(a)
sending notice to each county where all or a portion of the municipality is located;
(b)
sending the notice to the lieutenant governor's office to be posted on the Statewide
Electronic Voter Information Website described in Section
20A-7-801
, for at least 15
calendar days before the day of the municipal general election; and
(c)
publishing notice for the municipality, as a class A notice under Section
63G-30-102
,
for at least 15 calendar days before the day of the municipal general election.
Section 47. Section
20A-5a-311
is enacted to read:
20A-5a-311
Effective
05/06/26
. Notice of cancellation of special district election
for odd-numbered year.
(1)
A special district board that cancels an election in an odd-numbered year under Section
20A-1-206
shall provide notice that the election is canceled by complying with
Subsection
(2)
:
(a)
no earlier than the day after the deadline, described in Subsection
20A-9-601(1)(a)
,
for a write-in candidate to file a declaration of candidacy for the municipal general
election; and
(b)
no later than 32 calendar days before the day of the municipal general election.
(2)
A special district board described in Subsection
(1)
shall provide notice that the election
is canceled by:
(a)
sending notice to each county where all or a portion of the special district is located;
(b)
sending the notice to the lieutenant governor's office to be posted on the Statewide
Electronic Voter Information Website described in Section
20A-7-801
, for at least 15
calendar days before the day of the municipal general election; and
(c)
publishing notice for the special district, as a class A notice under Section
63G-30-102
, for at least 15 calendar days before the day of the municipal general
election.
Section 48. Section
20A-5a-312
is enacted to read:
20A-5a-312
Effective
05/06/26
. Municipal general election notice --
Municipalities -- Special districts.
(1)
Except as provided in Subsection
(2)
, no later than 32 calendar days before the day of
the municipal general election:
(a)
the election officer of a municipality shall, in accordance with Section
20A-5a-102
,
publish notice of the municipal general election for the municipality, as a class A
notice under Section
63G-30-102
, for the entire period beginning on the day on
which the election office of the municipality publishes the notice, and ending at the
end of the day of the municipal general election; and
(b)
the clerk of a special district shall, in accordance with Section
20A-5a-102
, publish
notice of the general election for the special district, as a class A notice under Section
63G-30-102
, for the entire period beginning on the day on which the special district
clerk publishes the notice, and ending at the end of the day of the municipal general
election.
(2)
The county clerk may:
(a)
publish the notice described in Subsection
(1)(a)
for the municipality, if the election
officer for the municipality contracts for the county to conduct the municipal general
election;
(b)
publish the notice described in Subsection
(1)(b)
for the special district, if the special
district clerk contracts for the county clerk to conduct the special district election; or
(c)
subject to Subsections
(2)(a)
and
(b)
, publish the notices described in Subsections
(2)(a)
and
(b)
as a combined notice.
Section 49. Section
20A-5a-401
is enacted to read:
4. Miscellaneous Notice Requirements Relating to Elections.
20A-5a-401
Effective
05/06/26
. Uniform Military and Overseas Voting Act
notice requirements relating to multiple election types.
(1)
Except to the extent otherwise provided in Section
20A-16-502
, no later than 100
calendar days before an election, an election officer shall comply with the notice
requirements described in Section
20A-16-502
.
(2)
Except to the extent otherwise provided in Section
20A-16-403
, no later than the last
business day that is at least 45 calendar days before the day of an election, an election
officer shall comply with Subsection
20A-16-403(1)
.
Section 50. Section
20A-5a-402
is enacted to read:
20A-5a-402
Effective
05/06/26
. Uniform Military and Overseas Voting Act
notice requirements relating to regular general elections only.
(1)
No later than 60 calendar days after the day of a regular general election, a county clerk
shall submit the report described in Subsection
20A-16-202(1)
.
(2)
No later than 90 calendar days after the day of a regular general election, the lieutenant
governor shall submit the report described in Subsection
20A-16-202(2)
.
Section 51. Section
20A-6-109
is amended to read:
20A-6-109
Effective
05/06/26
. Appearance of candidate's name on ballot --
Name variations -- Appeal.
(1)
As used in this section:
(a)
"Variation of a candidate's name" means a name:
(i)
that varies from the candidate's legal first name followed by the candidate's legal
surname; and
(ii)
by which the candidate is known in the county in which the candidate resides.
(b)
"Variation of a candidate's name" includes the following, if the candidate is known
by the variation in the county in which the candidate resides:
(i)
using the candidate's legal middle name in addition to, or instead of, the
candidate's legal first name;
(ii)
using the initial or initials of a legal first name or a legal middle name instead of
the full name;
(iii)
a variation of the order of a candidate's names or initials, if the names or initials
are permitted under this section;
(iv)
adding a suffix that is a true representation of the candidate, including Junior, Jr.,
Senior, Sr., or I, II, or III;
(v)
using another surname by which the candidate is known in the county where the
candidate resides, either in place of, or in addition to, the candidate's legal
surname, including:
(A)
the candidate's maiden last name;
(B)
the last name of the candidate's spouse; or
(C)
the last name of a parent or step-parent of the candidate;
(vi)
using a common nickname of the legal first name, or of the legal middle name, of
the candidate, by which the candidate is known; or
(vii)
using a nickname, other than a nickname described in Subsection
(1)(b)(vi)
:
(A)
in place of the candidate's legal first name or legal middle name; or
(B)
in addition to the candidate's name.
(1)
(2)
Except as
otherwise provided in this section
provided in Subsection
(3)
, an
election officer shall ensure that a candidate's name appears on the ballot with the
candidate's legal first name, followed by the candidate's legal surname.
(2)
An election officer shall place on the ballot a candidate's legal middle name, or a
common derivative of the candidate's legal middle name, in place of the candidate's legal
first name, if:
(a)
the candidate normally uses the candidate's legal middle name, or the common
derivative, instead of the candidate's legal first name; and
(b)
no later than 5 p.m. on the day on which the applicable declaration of candidacy
period ends, the candidate files with the election officer:
(i)
a request that the election officer place on the ballot the candidate's legal middle
name, or a common derivative of the candidate's legal middle name, instead of the
candidate's legal first name, specifying the candidate's legal middle name, or the
common derivative of the candidate's legal middle name;
(ii)
an affidavit signed by the candidate in which the candidate states, under penalty
of perjury, that the candidate is generally known by acquaintances in the
candidate's county of residence by the legal middle name, or the common
derivative of the legal middle name, specified in the request described in
Subsection
(2)(b)(i)
, and stated in the affidavit, instead of the candidate's legal
first name; and
(iii)
an affidavit signed by five residents of the candidate's county of residence who
are not immediate family members of the candidate stating, under penalty of
perjury, that the candidate is generally known by acquaintances in the candidate's
county of residence by the legal middle name, or the common derivative of the
legal middle name, specified in the request described in Subsection (2)(b)(i), and
stated in the affidavit, instead of the candidate's legal first name.
(3)
Subject to Subsection
(4)
, an election officer shall place a candidate's nickname on a
ballot, if:
(a)
the election officer determines that the nickname:
(i)
does not imply that the candidate is an individual other than the candidate,
regardless of whether the individual is living or deceased;
(ii)
does not constitute a slogan;
(iii)
does not associate the candidate with an economic, religious, political, or other
group, issue, or opinion;
(iv)
is not offensive, profane, or spurious; and
(v)
is not a title, rank, degree, certification, job description, or similar designation;
and
(b)
no later than 5 p.m. on the day on which the applicable declaration of candidacy
period ends, the candidate files with the election officer:
(i)
a request that the election officer place the candidate's nickname on the ballot,
specifying the desired nickname and, in accordance with Subsection
(4)
, the
desired placement of the nickname;
(ii)
an affidavit signed by the candidate in which the candidate states, under penalty
of perjury, that the candidate:
(A)
is generally known by acquaintances in the candidate's county of residence
by the nickname specified in the request described in Subsection
(3)(b)(i)
and
stated in the affidavit; and
(B)
is not using the nickname to gain an advantage on the ballot; and
(iii)
an affidavit signed by five residents of the candidate's county of residence who
are not immediate family members of the candidate stating, under penalty of
perjury, that the candidate is generally known by acquaintances in the candidate's
county of residence by the nickname specified in the request described in
Subsection (3)(b)(i) and stated in the affidavit.
(4)
If, under Subsection
(3)
, an election officer places a candidate's nickname on the ballot,
the candidate may choose one of the following:
(a)
to place the nickname on the ballot before or after the candidate's legal first name;
(b)
to place the nickname on the ballot before or after the candidate's legal middle
name, if the candidate's legal middle name appears on the ballot under Subsection
(2)
or (7); or
(c)
to place the nickname on the ballot in place of the candidate's legal first name.
(5)
An election officer may, without requiring compliance with Subsection
(3)
, approve a
written request filed with the election officer no later than 5 p.m. on the day on which
the applicable declaration of candidacy period ends, to:
(a)
place on the ballot a nickname instead of a legal first name, if the nickname is a
common derivative of the legal first name;
(b)
place on the ballot the first initial of a legal middle name between a legal first name,
or a common derivative of the legal first name, and a legal last name; or
(c)
place on the ballot the first initial of a legal first name before a legal middle name,
or a common derivative of the legal middle name, if the candidate's legal middle
name, or a common derivative of the legal middle name, appears on the ballot under
Subsection (2) or (7).
(3)
An election officer shall place a variation of the candidate's name on the ballot if, no
later than 5 p.m. on the day on which the applicable declaration of candidacy period
ends:
(a)
the candidate requests, in writing, that the variation appear on the ballot;
(b)
for a variation of the candidate's name described in Subsection
(1)(b)(v)
, the
candidate submits, with the request described in Subsection
(3)(a)
, an affidavit signed
by the candidate in which the candidate states, under penalty of perjury, that the
variation of the candidate's name:
(i)
is a name by which the candidate is known in the county where the candidate
resides; and
(ii)
is:
(A)
the candidate's maiden last name;
(B)
the last name of the candidate's spouse; or
(C)
the last name of a parent or step-parent of the candidate; or
(c)
for a variation of the candidate's name that is a nickname described in Subsection
(1)(b)(vii)
:
(i)
the candidate submits, with the request described in Subsection
(3)(a)
:
(A)
an affidavit signed by the candidate in which the candidate states, under
penalty of perjury, that the candidate is generally known by the nickname in
the county where the candidate resides; and
(B)
an affidavit signed by five residents of the candidate's county of residence
who are not immediate family members of the candidate stating, under penalty
of perjury, that the candidate is generally known by the nickname in the
county where the candidate resides; and
(ii)
the election officer determines that the nickname:
(A)
does not imply that the candidate is an individual other than the candidate,
regardless of whether the individual is living or deceased;
(B)
does not constitute a slogan;
(C)
does not associate the candidate with an economic, religious, political, or
other group, issue, or opinion;
(D)
is not offensive, profane, or spurious;
(E)
is not a title, rank, degree, certification, job description, or similar designation;
and
(F)
is not being used to gain the candidate an unfair political advantage.
(6)
(4)
(a)
An election officer shall approve or reject a request filed under Subsection
(2)(b)
, (3)(b), or (5)
(3)(a)
within five business days after the day on which the
election officer receives the request.
(b)
Failure by an election officer to timely comply with Subsection
(6)(a)
(4)(a)
is
considered a rejection of the request.
(c)
If an election officer rejects a request described in Subsection
(6)(a)
(4)(a)
or fails to
timely comply with Subsection
(6)(a)
(4)(a)
, the candidate may, within five days
after the day of the rejection or, if the election officer fails to timely comply with
Subsection
(6)(a)
(4)(a)
, within five days after the day of the deadline described in
Subsection
(6)(a)
(4)(a)
, appeal the rejection to a court with jurisdiction.
(7)
(5)
If two or more candidates for the same office have the same or similar names, the
election officer may do one of the following, to the extent the election officer determines
necessary, to differentiate between the candidates:
(a)
for one or more of the candidates, include the candidate's legal middle name, in
addition to the candidate's legal first name and legal last name; or
(b)
negotiate another manner of differentiation with the candidates who have the same or
similar names.
(8)
(6)
Regardless of whether an election officer approves placement of a
variation of a
candidate's name on the ballot
in a manner other than the candidate's legal first name
followed by the candidate's legal last name
, the candidate's legal name will be used to
determine the order of placement on the ballot under Section
20A-6-110
.
Section 52. Section
20A-6-110
is amended to read:
20A-6-110
Effective
05/06/26
. Master ballot position list -- Random selection --
Procedures -- Publication -- Surname -- Exemptions -- Ballot order.
(1)
As used in this section, "master ballot position list" means an official list of the 26
characters in the alphabet listed in random order and numbered from one to 26 as
provided under Subsection
(2)
.
(2)
The lieutenant governor shall:
(a)
within 30 calendar days after the day of the candidate filing deadline in each
even-numbered year, conduct a random selection to create a master ballot position
list for all elections in accordance with procedures established under Subsection
(2)(c)
;
(b)
publish the master ballot position list on the lieutenant governor's election website no
later than 15 calendar days after the day on which the lieutenant governor creates the
list; and
(c)
establish written procedures for:
(i)
the election official to use the master ballot position list; and
(ii)
the lieutenant governor in:
(A)
conducting the random selection in a fair manner; and
(B)
providing a record of the random selection process used.
(3)
In accordance with the written procedures established under Subsection
(2)(c)(i)
, an
election officer shall use the master ballot position list for the current year to determine
the order in which to list candidates on the ballot for an election held during the year.
(4)
To determine the order in which to list candidates on the ballot required under
Subsection
(3)
, the election officer shall apply the randomized alphabet using:
(a)
the candidate's surname;
(b)
for candidates with a surname that has the same spelling:
(i)
the candidate's legal first name; or
(ii)
if the candidates also have a legal first name that has the same spelling, the
candidate's legal middle name; and
(c)
the surname of the president and the surname of the governor for an election for the
offices of president and vice president and governor and lieutenant governor.
(5)
Subsections
(1)
through
(4)
do not apply to:
(a)
an election for an office for which only one candidate is listed on the ballot; or
(b)
a judicial retention election under Section
20A-12-201
.
(6)
Subject to Subsection
(7)
, each ticket that appears on a ballot for an election shall
appear separately, in the following order:
(a)
for federal office:
(i)
president and vice president of the United States;
(ii)
United States Senate office; and
(iii)
United States House of Representatives office;
(b)
for state office:
(i)
governor and lieutenant governor;
(ii)
attorney general;
(iii)
state auditor;
(iv)
state treasurer;
(v)
state Senate office;
(vi)
state House of Representatives office; and
(vii)
State Board of Education member;
(c)
for county office:
(i)
county executive office;
(ii)
county legislative body member;
(iii)
county assessor;
(iv)
county or district attorney;
(v)
county auditor;
(vi)
county clerk;
(vii)
county recorder;
(viii)
county sheriff;
(ix)
county surveyor;
(x)
county treasurer; and
(xi)
local school board member;
(d)
for municipal office:
(i)
mayor; and
(ii)
city or town council member;
(e)
elected planning and service district council member;
(f)
judicial retention questions; and
(g)
ballot propositions not described in Subsection
(6)(f)
.
(7)
(a)
A ticket for a race for a combined office shall appear on the ballot in the place of
the earliest ballot ticket position that is reserved for an office that is subsumed in the
combined office.
(b)
Each ticket, other than a ticket described in Subsection
(6)(f)
, shall list:
(i)
each candidate in accordance with Subsections
(1)
through
(4)
; and
(ii)
except as otherwise provided in this title, the party name, initials, or title
following each candidate's name.
(c)
A candidate for governor and a candidate for lieutenant governor campaigning as
joint-ticket running mates shall appear jointly on the ballot as a single ticket.
(d)
A candidate for president of the United States and a candidate for vice-president of
the United States campaigning as joint-ticket running mates shall appear jointly on
the ballot as a single ticket.
Section 53. Section
20A-6-301
is amended to read:
20A-6-301
Effective
05/06/26
. Manual ballots -- Regular general election.
(1)
Each election officer shall ensure that:
(a)
all manual ballots furnished for use at the regular general election contain:
(i)
no captions or other endorsements except as provided in this section;
(ii)
no symbols, markings, or other descriptions of a political party or group, except
for a registered political party that has chosen to nominate its candidates in
accordance with Section
20A-9-403
; and
(iii)
no indication that a candidate for elective office has been nominated by, or has
been endorsed by, or is in any way affiliated with a political party or group, unless
the candidate has been nominated by a registered political party in accordance
with Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(4)
;
(b)
at the top of the ballot, the following endorsements are printed in 18 point bold type:
(i)
"Official Ballot for ____ County, Utah";
(ii)
the date of the election;
and
(iii)
before January 1, 2027,
the words "certified by the Clerk of __________
County" or, as applicable, the name of a combined office that includes the duties
of a county clerk;
and
(iv)
beginning on January 1, 2027, "Certified by" followed by the title of the election
officer, without the election officer's name;
(c)
unaffiliated candidates, candidates not affiliated with a registered political party, and
all other candidates for elective office who were not nominated by a registered
political party in accordance with Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(4)
, are listed with the other candidates for the same office
in accordance with Sections
20A-6-109
and
20A-6-110
, without a party name or title;
(d)
each ticket containing the lists of candidates, including the party name and device,
are separated by heavy parallel lines;
(e)
the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(f)
the names of candidates are printed in capital letters, not less than one-eighth nor
more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
between lines or rules three-eighths of an inch apart; and
(g)
on a ticket for a race in which a voter is authorized to cast a write-in vote and in
which a write-in candidate is qualified under Section
20A-9-601
:
(i)
the ballot includes a space for a write-in candidate immediately following the last
candidate listed on that ticket; or
(ii)
for the offices of president and vice president and governor and lieutenant
governor, the ballot includes two spaces for write-in candidates immediately
following the last candidates on that ticket, one placed above the other, to enable
the entry of two valid write-in candidates.
(2)
An election officer shall ensure that:
(a)
each individual nominated by any registered political party under Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(4)
, and no other individual, is
placed on the ballot:
(i)
under the registered political party's name, if any; or
(ii)
under the title of the registered political party as designated by them in their
certificates of nomination or petition, or, if none is designated, then under some
suitable title;
(b)
the names of all unaffiliated candidates that qualify as required in
Chapter 9, Part 5,
Candidates not Affiliated with a Party
, are placed on the ballot;
(c)
the names of the candidates for president and vice president are used on the ballot
instead of the names of the presidential electors; and
(d)
the ballots contain no other names.
(3)
When the ballot contains a nonpartisan section, the election officer shall ensure that:
(a)
the designation of the office to be filled in the election and the number of candidates
to be elected are printed in type not smaller than eight point;
(b)
the words designating the office are printed flush with the left-hand margin;
(c)
the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
which the voter may vote)" extend to the extreme right of the column;
(d)
the nonpartisan candidates are grouped according to the office for which they are
candidates;
(e)
the names in each group are placed in accordance with Sections
20A-6-109
and
20A-6-110
, with the surnames last; and
(f)
each group is preceded by the designation of the office for which the candidates seek
election, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)," according to the number to be elected.
(4)
Each election officer shall ensure that:
(a)
proposed amendments to the Utah Constitution are listed on the ballot in accordance
with Section
20A-6-107
;
(b)
ballot propositions submitted to the voters are listed on the ballot in accordance with
Section
20A-6-107
;
(c)
bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section
11-14-206
; and
(d)
the judicial retention section of the ballot includes a statement at the beginning
directing voters to the Judicial Performance Evaluation Commission's website in
accordance with Subsection
20A-12-201(4)
.
(5)
Beginning on January 1, 2027:
(a)
an election officer's or county clerk's name may not appear on the return envelope for
a ballot; and
(b)
except to the extent required to list an election officer's or county clerk's name as a
candidate on the ballot, a ballot may not include the name of the election officer or
county clerk.
Section 54. Section
20A-6-302
is amended to read:
20A-6-302
Effective
05/06/26
. Manual ballots -- Placement of candidates'
names.
(1)
An election officer shall ensure, for manual ballots in regular general elections, that:
(a)
each candidate is listed by party, if nominated by a registered political party under
Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(4)
;
(b)
candidates' surnames are listed in alphabetical order on the ballots when two or more
candidates' names are required to be listed on a ticket under the title of an office; and
(c)
the names of candidates are placed on the ballot in:
(i)
the manner described in Section
20A-6-109
; and
(ii)
the order described in Section
20A-6-110
.
(2)
(a)
When there is only one candidate for county attorney at the regular general
election in counties that have three or fewer registered voters of the county who are
licensed active members in good standing of the Utah State Bar, the county clerk
shall cause that candidate's name and party affiliation, if any, to be placed on a
separate section of the ballot with the following question: "Shall (name of candidate)
be elected to the office of county attorney? Yes ____ No ____."
.
(b)
If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of county attorney.
(c)
If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the
end of the term resulting from any prior election or appointment.
(d)
When the name of only one candidate for county attorney is printed on the ballot
under authority of this Subsection
(2)
, the county clerk may not count any write-in
votes received for the office of county attorney.
(e)
If no qualified individual files for the office of county attorney or if the candidate is
not elected by the voters, the county legislative body shall appoint the county
attorney as provided in Section
20A-1-509.2
.
(f)
If the candidate whose name would, except for this Subsection
(2)(f)
, be placed on
the ballot under Subsection
(2)(a)
has been elected on a ballot under Subsection
(2)(a)
to the two consecutive terms immediately preceding the term for which the candidate
is seeking election, Subsection
(2)(a)
does not apply and that candidate shall be
considered to be an unopposed candidate the same as any other unopposed candidate
for another office, unless a petition is filed with the county clerk before 5 p.m. no
later than the day before that year's primary election that:
(i)
requests the procedure set forth in Subsection
(2)(a)
to be followed; and
(ii)
contains the signatures of registered voters in the county representing in number
at least 25% of all votes cast in the county for all candidates for governor at the
last election at which a governor was elected.
(3)
(a)
When there is only one candidate for district attorney at the regular general
election in a prosecution district that has three or fewer registered voters of the
district who are licensed active members in good standing of the Utah State Bar, the
county clerk shall cause that candidate's name and party affiliation, if any, to be
placed on a separate section of the ballot with the following question: "Shall (name of
candidate) be elected to the office of district attorney? Yes ____ No ____."
.
(b)
If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of district attorney.
(c)
If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the
end of the term resulting from any prior election or appointment.
(d)
When the name of only one candidate for district attorney is printed on the ballot
under authority of this Subsection
(3)
, the county clerk may not count any write-in
votes received for the office of district attorney.
(e)
If no qualified individual files for the office of district attorney, or if the only
candidate is not elected by the voters under this subsection, the county legislative
body shall appoint a new district attorney for a four-year term as provided in Section
20A-1-509.2
.
(f)
If the candidate whose name would, except for this Subsection
(3)(f)
, be placed on
the ballot under Subsection
(3)(a)
has been elected on a ballot under Subsection
(3)(a)
to the two consecutive terms immediately preceding the term for which the candidate
is seeking election, Subsection
(3)(a)
does not apply and that candidate shall be
considered to be an unopposed candidate the same as any other unopposed candidate
for another office, unless a petition is filed with the county clerk before 5 p.m. no
later than the day before that year's primary election that:
(i)
requests the procedure set forth in Subsection
(3)(a)
to be followed; and
(ii)
contains the signatures of registered voters in the county representing in number
at least 25% of all votes cast in the county for all candidates for governor at the
last election at which a governor was elected.
Section 55. Section
20A-6-304
is amended to read:
20A-6-304
Effective
05/06/26
. Regular general election -- Mechanical ballots.
(1)
Each election officer shall ensure that:
(a)
the format and content of a mechanical ballot is arranged in approximately the same
order as manual ballots;
(b)
the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate displays;
(c)
the mechanical ballot is of sufficient length to include, after the list of candidates:
(i)
the names of candidates for judicial offices and any other nonpartisan offices; and
(ii)
any ballot propositions submitted to the voters for their approval or rejection;
(d)
the office titles are displayed above or at the side of the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
(e)
the party designation of each candidate who has been nominated by a registered
political party under Subsection
20A-9-202(4)
or Subsection
20A-9-403(5)
20A-9-403(4)
is displayed adjacent to the candidate's name; and
(f)
if possible, all candidates for one office are grouped in one column or upon one
display screen.
(2)
Each election officer shall ensure that:
(a)
proposed amendments to the Utah Constitution are displayed in accordance with
Section
20A-6-107
;
(b)
ballot propositions submitted to the voters are displayed in accordance with Section
20A-6-107
;
(c)
bond propositions that have qualified for the ballot are displayed under the title
assigned to each bond proposition under Section
11-14-206
; and
(d)
the judicial retention section of the ballot includes a statement at the beginning
directing voters to the Judicial Performance Evaluation Commission's website in
accordance with Subsection
20A-12-201(4)
.
Section 56. Section
20A-6-401
is amended to read:
20A-6-401
Effective
05/06/26
. 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 or Town), Utah";
(ii)
the date of the election;
and
(iii)
before January 1, 2027,
a facsimile of the signature of the election officer and the
election officer's title in eight point type;
and
(iv)
beginning on January 1, 2027, "Certified by" followed by the title of the election
officer, without the election officer's name;
(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 adjacent to
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 and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)" are printed 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 accordance with Sections
20A-6-109
and
20A-6-110
, with surnames last and grouped according to the office
that the candidates 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.
(3)
Beginning on January 1, 2027:
(a)
an election officer's or county clerk's name may not appear on the return envelope for
a ballot; and
(b)
except to the extent required to list an election officer's or county clerk's name as a
candidate on the ballot, a ballot may not include the name of the election officer or
county clerk.
Section 57. Section
20A-6-401.1
is amended to read:
20A-6-401.1
Effective
05/06/26
. Ballots for partisan municipal primary
elections.
(1)
An election officer shall ensure that:
(a)
all manual ballots furnished for use at the regular primary election:
(i)
separate the candidates of one political party from those of the other political
parties; and
(ii)
contain no captions or other endorsements except as provided in this section;
(b)
the names of all candidates from each party are listed on the same ballot in one or
more columns under their party name and emblem;
(c)
the political parties are printed on the ballot in the order specified under Section
20A-6-110
;
(d)
the following endorsements are printed in 18-point bold type:
(i)
"Official Primary Ballot for ____ (name of municipality), Utah";
(ii)
the date of the election;
and
(iii)
before January 1, 2027,
a facsimile of the signature of the election officer and the
election officer's title in eight point type;
and
(iv)
beginning on January 1, 2027, "Certified by" followed by the title of the election
officer, without the election officer's name;
(e)
after the facsimile signature
immediately below or to the side of the election
officer's title
, the political party emblem and the name of the political party are
printed;
(f)
after the party name and emblem, the ballot contains the following printed in not
smaller than 10-point bold face, double leaded type: "Instructions to Voters: To vote
for a candidate, mark the space following the name of the person for whom you wish
to vote and in no other place. Do not vote for any candidate listed under more than
one party or group designation.", followed by two one-point parallel horizontal rules;
(g)
after the rules, the designation of the office for which the candidates seek nomination
is printed flush with the left-hand margin and the words, "Vote for one" or "Vote for
up to _____ (the number of candidates for which the voter may vote)" are printed to
extend to the extreme right of the column in 10-point bold type, followed by a
hair-line rule;
(h)
after the hair-line rule, the names of the candidates are printed in heavy face type
between lines or rules three-eighths inch apart, in accordance with Sections
20A-6-109
and
20A-6-110
, with surnames last and grouped according to the office
that they seek;
(i)
a square with sides not less than one-fourth inch long is printed immediately adjacent
to the names of the candidates;
(j)
the candidate groups are separated from each other by one light and one heavy line or
rule; and
(k)
the nonpartisan candidates are listed as follows:
(i)
immediately below the listing of the party candidates, the word
"NONPARTISAN" is printed in reverse type in an 18 point solid rule that extends
the full width of the type copy of the party listing above; and
(ii)
below "NONPARTISAN," the office, the number of candidates to vote for, the
candidate's name, the voting square, and any other necessary information is
printed in the same style and manner as for party candidates.
(2)
For mechanical ballots, the election officer may require that:
(a)
the ballot for a regular primary election consist of several groups of pages or display
screens, so that a separate group can be used to list the names of candidates seeking
nomination of each qualified political party, with additional groups used to list
candidates for other nonpartisan offices;
(b)
the separate groups of pages or display screens are identified by color or other
suitable means; and
(c)
the ballot contains instructions that direct the voter how to vote the ballot.
(3)
Beginning on January 1, 2027:
(a)
an election officer's or county clerk's name may not appear on the return envelope for
a ballot; and
(b)
except to the extent required to list an election officer's or county clerk's name as a
candidate on the ballot, a ballot may not include the name of the election officer or
county clerk.
Section 58. Section
20A-6-402
is amended to read:
20A-6-402
Effective
05/06/26
. Ballots for municipal general elections.
(1)
Except as otherwise required for a race conducted by instant runoff voting under Title
20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, for
For
a
manual ballot at a municipal general election, an election officer shall ensure that:
(a)
the names of the two candidates who received the highest number of votes for mayor
in the municipal primary are placed upon the ballot;
(b)
if no municipal primary election was held, the names of the candidates who filed
declarations of candidacy for municipal offices are placed upon the ballot;
(c)
for other offices:
(i)
twice the number of candidates as there are positions to be filled are certified as
eligible for election in the municipal general election from those candidates who
received the greater number of votes in the primary election; and
(ii)
the names of those candidates are placed upon the municipal general election
ballot;
(d)
the names of the candidates are placed on the ballot in accordance with Sections
20A-6-109
and
20A-6-110
;
(e)
in an election in which a voter is authorized to cast a write-in vote and where a
write-in candidate is qualified under Section
20A-9-601
, a write-in area is placed
upon the ballot that contains, for each office in which there is a qualified write-in
candidate:
(i)
a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
(ii)
a square or other conforming area that is adjacent to or opposite the blank
horizontal line to enable the voter to indicate the voter's vote;
(f)
ballot propositions that have qualified for the ballot, including propositions submitted
to the voters by the municipality, municipal initiatives, and municipal referenda, are
listed on the ballot in accordance with Section
20A-6-107
; and
(g)
bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section
11-14-206
.
(2)
Except as otherwise required for a race conducted by instant runoff voting under Title
20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when
When
using a mechanical ballot at municipal general elections, each election officer shall
ensure that:
(a)
the following endorsements are displayed on the first portion of the ballot:
(i)
"Official Ballot for ____ (City or Town), Utah";
(ii)
the date of the election;
and
(iii)
before January 1, 2027,
a facsimile of the signature of the election officer and the
election officer's title;
and
(iv)
beginning on January 1, 2027, "Certified by" followed by the title of the election
officer, without the election officer's name;
(b)
immediately below the election officer's title, a distinct border or line separates the
endorsements from the rest of the ballot;
(c)
immediately below the border or line, an "Instructions to Voters" section is displayed
that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
the candidate(s) for each respective office." followed by another border or line;
(d)
after the border or line, the designation of the office for which the candidates seek
election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the
number of candidates for which the voter may vote)" are displayed, followed by a
line or border;
(e)
after the line or border, the names of the candidates are displayed in accordance with
Sections
20A-6-109
and
20A-6-110
, with surnames last and grouped according to the
office that the candidates seek;
(f)
a voting square or position is located adjacent to the name of each candidate;
(g)
following the name of the last candidate for each office in which a write-in candidate
is qualified under Section
20A-9-601
, the ballot contains a write-in space where the
voter may enter the name of and vote for a valid write-in candidate for the office; and
(h)
the candidate groups are separated from each other by a line or border.
(3)
When a municipality has chosen to nominate candidates by convention or committee,
the election officer shall ensure that the party name is included with the candidate's
name on the ballot.
(4)
Beginning on January 1, 2027:
(a)
an election officer's or county clerk's name may not appear on the return envelope for
a ballot; and
(b)
except to the extent required to list an election officer's or county clerk's name as a
candidate on the ballot, a ballot may not include the name of the election officer or
county clerk.
Section 59. Section
20A-9-101
is amended to read:
20A-9-101
Effective
05/06/26
. 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,
statewide
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 special district offices.
(2)
"Constitutional office" means the state offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(3)
(2)
"Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4)
(3)
(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 special district offices; and
(v)
the office of United States Senator and United States Representative.
(5)
(4)
"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)
(5)
"Federal office" means an elective office for United States Senator and United
States Representative.
(7)
(6)
"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, state representative, or the state school board, the
lieutenant governor or the applicable clerk described in Subsection
(7)(c)
(6)(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 special district clerk, for special district offices.
(8)
(7)
"Local government office" includes county offices, municipal offices, and special
district offices and other elective offices selected by the voters from a political division
entirely within one county.
(9)
(8)
"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.
(10)
(9)
(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 special district offices.
(11)
(10)
"Municipal office" means an elective office in a municipality.
(12)
(11)
(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 special district, a school
district, a legislative district, and a county prosecution district.
(13)
(12)
"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
.
(14)
(13)
"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)
.
(15)
(14)
"Special district office" means an elected office in a special district.
(15)
"Statewide constitutional office" means the office of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
Section 60. Section
20A-9-201
is amended to read:
20A-9-201
Effective
05/06/26
. Declarations of candidacy -- Candidacy for more
than one office or of more than one political party prohibited with exceptions -- General
filing and form requirements -- Affidavit of impecuniosity.
(1)
Before filing a declaration of candidacy for election to any office, an individual shall:
(a)
be a United States citizen;
(b)
meet the legal requirements of that office; and
(c)
if seeking a registered political party's nomination as a candidate for elective office,
state:
(i)
the registered political party of which the individual is a member; or
(ii)
that the individual is not a member of a registered political party.
(2)
(a)
Except as provided in Subsection
(2)(b)
, an individual may not:
(i)
file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year;
(ii)
appear on the ballot as the candidate of more than one political party; or
(iii)
file a declaration of candidacy for a registered political party of which the
individual is not a member, except to the extent that the registered political party
permits otherwise in the registered political party's bylaws.
(b)
(i)
An individual may file a declaration of candidacy for, or be a candidate for,
president or vice president of the United States and another office, if the
individual resigns the individual's candidacy for the other office after the
individual is officially nominated for president or vice president of the United
States.
(ii)
An individual may file a declaration of candidacy for, or be a candidate for, more
than one justice court judge office.
(iii)
An individual may file a declaration of candidacy for lieutenant governor even if
the individual filed a declaration of candidacy for another office in the same
election year if the individual withdraws as a candidate for the other office in
accordance with Subsection
20A-9-202(6)
before filing the declaration of
candidacy for lieutenant governor.
(iv)
For the 2026 election year only, an individual who files a declaration of
candidacy to seek the nomination of a qualified political party for constitutional
office, multicounty office, or county office:
(A)
may also be a candidate for United States representative;
(B)
may, if the individual desires to use the signature-gathering process to qualify
for the primary election ballot for the office of United States representative, file
a notice of intent to gather signatures for, and gather signatures for, that office;
and
(C)
shall, before filing a declaration of candidacy for the office of United States
representative, withdraw as a candidate for the constitutional office,
multicounty office, or county office for which the individual filed a declaration
of candidacy.
(3)
(a)
Except for a candidate for president or vice president of the United States, before
the filing officer may accept any declaration of candidacy, the filing officer shall:
(i)
read to the individual the constitutional and statutory qualification requirements
for the office that the individual is seeking;
(ii)
require the individual to state whether the individual meets the requirements
described in Subsection
(3)(a)(i)
;
(iii)
if the declaration of candidacy is for a county office, inform the individual that
an individual who holds a county elected office may not, at the same time, hold a
municipal elected office; and
(iv)
if the declaration of candidacy is for a legislative office, inform the individual
that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
public office of profit or trust, under authority of the United States or Utah, from
being a member of the Legislature.
(b)
(i)
Before accepting a declaration of candidacy for the office of county attorney,
the county clerk shall ensure that the individual filing that declaration of
candidacy is:
(A)
a United States citizen;
(B)
an attorney licensed to practice law in the state who is an active member in
good standing of the Utah State Bar;
(C)
a registered voter in the county in which the individual is seeking office; and
(D)
a current resident of the county in which the individual is seeking office and
either has been a resident of that county for at least one year before the date of
the election or was appointed and is currently serving as county attorney and
became a resident of the county within 30 calendar days after appointment to
the office.
(ii)
An individual filing a declaration of candidacy for the office of county attorney
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of county attorney described in Subsection
(3)(b)(i)
,
prior to
before
taking office.
(iii)
In addition to the requirements described in Subsection
(3)(b)(ii)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(c)
(i)
Before accepting a declaration of candidacy for the office of district attorney,
the county clerk shall ensure that, as of the date of the election, the individual
filing that declaration of candidacy is:
(A)
a United States citizen;
(B)
an attorney licensed to practice law in the state who is an active member in
good standing of the Utah State Bar;
(C)
a registered voter in the prosecution district in which the individual is seeking
office; and
(D)
a current resident of the prosecution district in which the individual is seeking
office and either will have been a resident of that prosecution district for at
least one year before the date of the election or was appointed and is currently
serving as district attorney or county attorney and became a resident of the
prosecution district within 30 calendar days after receiving appointment to the
office.
(ii)
An individual filing a declaration of candidacy for the office of district attorney
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of district attorney described in Subsection
(3)(c)(i)
,
prior to
before
taking office.
(iii)
In addition to the requirements described in Subsection
(3)(c)(ii)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(d)
Before accepting a declaration of candidacy for the office of county sheriff, the
county clerk shall ensure that the individual filing the declaration:
(i)
is a United States citizen;
(ii)
is a registered voter in the county in which the individual seeks office;
(iii)
(A)
has successfully met the standards and training requirements established
for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
Training and Certification Act; or
(B)
has met the waiver requirements in Section
53-6-206
;
(iv)
is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(v)
before the date of the election, will have been a resident of the county in which
the individual seeks office for at least one year.
(e)
(i)
An individual filing a declaration of candidacy for the office of attorney general
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of attorney general, described in Article VII, Sec. 3,
Utah Constitution,
prior to
before
taking office.
(ii)
In addition to the requirements described in Subsection
(3)(e)(i)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(iii)
An individual filing the declaration of candidacy for the office of attorney
general shall also make the conflict of interest disclosure described in Section
20A-11-1603
.
(f)
Before accepting a declaration of candidacy for the office of governor, lieutenant
governor, state auditor, state treasurer, state legislator, or State Board of Education
member, the filing officer shall ensure that the individual filing the declaration of
candidacy also makes the conflict of interest disclosure described in Section
20A-11-1603
.
(4)
If an individual who files a declaration of candidacy does not meet the qualification
requirements for the office the individual is seeking, the filing officer may not accept the
individual's declaration of candidacy.
(5)
If an individual who files a declaration of candidacy meets the requirements described
in Subsection
(3)
, the filing officer shall:
(a)
inform the individual that:
(i)
subject to Section
20A-6-109
, the individual's name will appear on the ballot as
the individual's name is written on the individual's declaration of candidacy;
(ii)
the individual may be required to comply with state or local campaign finance
disclosure laws; and
(iii)
the individual is required to file a financial statement before the individual's
political convention under:
(A)
Section
20A-11-204
for a candidate for
statewide
constitutional office;
(B)
Section
20A-11-303
for a candidate for the Legislature; or
(C)
local campaign finance disclosure laws, if applicable;
(b)
except for a presidential candidate, provide the individual with a copy of the current
campaign financial disclosure laws for the office the individual is seeking and inform
the individual that failure to comply will result in disqualification as a candidate and
removal of the individual's name from the ballot;
(c)
(i)
provide the individual with a copy of Section
20A-7-801
regarding the
Statewide Electronic Voter Information Website Program and inform the
individual of the submission deadline under Subsection
20A-7-801(4)(a)
;
(ii)
inform the individual that the individual must provide the filing officer with an
email address that the individual actively monitors:
(A)
to receive a communication from a filing officer or an election officer; and
(B)
if the individual wishes to display a candidate profile on the Statewide
Electronic Voter Information Website, to submit to the website the
biographical and other information described in Subsection
20A-7-801(4)(a)(ii)
;
(iii)
inform the individual that the email address described in Subsection
(5)(c)(ii)
is
not a record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(iv)
obtain from the individual the email address described in Subsection
(5)(c)(ii)
;
(d)
provide the candidate with a copy of the pledge of fair campaign practices described
under Section
20A-9-206
and inform the candidate that:
(i)
signing the pledge is voluntary; and
(ii)
signed pledges shall be filed with the filing officer;
(e)
accept the individual's declaration of candidacy; and
(f)
if the individual has filed for a partisan office, provide a certified copy of the
declaration of candidacy to the chair of the county or state political party of which the
individual is a member.
(6)
If the candidate elects to sign the pledge of fair campaign practices, the filing officer
shall:
(a)
accept the candidate's pledge; and
(b)
if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the
candidate is a member.
(7)
(a)
Except for a candidate for president or vice president of the United States, the
form of the declaration of candidacy shall:
(i)
be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
knowingly violate any law governing campaigns and elections; if filing via a designated agent,
I will be out of the state of Utah during the entire candidate filing period; I will file all
campaign financial disclosure reports as required by law; and I understand that failure to do so
will result in my disqualification as a candidate for this office and removal of my name from
the ballot. The mailing address that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath)."; and
(ii)
require the candidate to state, in the sworn statement described in Subsection
(7)(a)(i)
:
(A)
the registered political party of which the candidate is a member; or
(B)
that the candidate is not a member of a registered political party.
(b)
An agent designated under Subsection
20A-9-202(1)(c)
20A-9-202(1)(b)
to file a
declaration of candidacy may not sign the form described in Subsection
(7)(a)
or
Section
20A-9-408.5
.
(8)
(a)
Except for a candidate for president or vice president of the United States, the fee
for filing a declaration of candidacy is:
(i)
$50 for candidates for the local school district board; and
(ii)
$50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b)
Except for presidential candidates, the filing officer shall refund the filing fee to any
candidate:
(i)
who is disqualified; or
(ii)
who the filing officer determines has filed improperly.
(c)
(i)
The county clerk shall immediately pay to the county treasurer all fees received
from candidates.
(ii)
The lieutenant governor shall:
(A)
apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
(B)
ensure that each county receives that proportion of the total amount paid to the
lieutenant governor from the congressional district that the total vote of that
county for all candidates for representative in Congress bears to the total vote
of all counties within the congressional district for all candidates for
representative in Congress.
(d)
(i)
A person who is unable to pay the filing fee may file a declaration of candidacy
without payment of the filing fee upon a prima facie showing of impecuniosity as
evidenced by an affidavit of impecuniosity filed with the filing officer and, if
requested by the filing officer, a financial statement filed at the time the affidavit
is submitted.
(ii)
A person who is able to pay the filing fee may not claim impecuniosity.
(iii)
(A)
False statements made on an affidavit of impecuniosity or a financial
statement filed under this section shall be subject to the criminal penalties
provided under Sections
76-8-503
and
76-8-504
and any other applicable
criminal provision.
(B)
Conviction of a criminal offense under Subsection
(8)(d)(iii)(A)
shall be
considered an offense under this title for the purposes of assessing the penalties
provided in Subsection
20A-1-609(2)
.
(iv)
The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
the following form:
"Affidavit of Impecuniosity
Individual Name
____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm], under penalty of
law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
by law.
Date ______________
Signature________________________________________________ Affiant
Subscribed and sworn to before me on ___________ (month\day\year)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath
______________________".
(v)
The filing officer shall provide to a person who requests an affidavit of impecuniosity a
statement printed in substantially the following form, which may be included on the affidavit
of impecuniosity:
"Filing a false statement is a criminal offense. In accordance with Section
20A-1-609
, a
candidate who is found guilty of filing a false statement, in addition to being subject to
criminal penalties, will be removed from the ballot."
(vi)
The filing officer may request that a person who makes a claim of impecuniosity
under this Subsection
(8)(d)
file a financial statement on a form prepared by the
election official.
(9)
An individual who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
(10)
A declaration of candidacy filed under this section may not be amended or modified
after the final date established for filing a declaration of candidacy.
Section 61. Section
20A-9-201.5
is amended to read:
20A-9-201.5
Effective
05/06/26
. Declaration of candidacy filing period for a
regular general election year.
For a qualified political party
Except as provided in Part 5, Candidates Not Affiliated
with a Party, or Part 6, Write-in Candidates
:
(1)
except as provided in Subsection
(2)
, 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 a.m. on the first business day in January of an even-numbered year; and
(b)
ends at 5 p.m. on the fifth business day
in January of an even-numbered year; and
(2)
for the 2026 election year only, the filing period to file a declaration of candidacy for
the office of United States representative:
(a)
begins at 8 a.m. on March 9, 2026; and
(b)
ends at 5 p.m. on March 13, 2026.
Section 62. Section
20A-9-202
is amended to read:
20A-9-202
Effective
05/06/26
. Declarations of candidacy for regular general
elections.
(1)
(a)
An individual seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i)
except as
otherwise
provided in Subsection
(1)(c)
(1)(b)
,
Part 5, Candidates Not
Affiliated with a Party, or Part 6, Write-in Candidates,
file a declaration of
candidacy in person with the filing officer on or after January 1 of the regular
general election year, and, if applicable, before the individual circulates
nomination petitions under Section
20A-9-405
; and
(ii)
pay the filing fee.
(b)
Unless expressly provided otherwise in this title, for a registered political party that
is not a qualified political party, the deadline for filing a declaration of candidacy for
an elective office that is to be filled at the next regular general election is 5 p.m. on
the first Monday after the fourth Saturday in April.
(c)
(b)
Subject to Subsection
20A-9-201(7)(b)
, an individual may designate an agent to
file a declaration of candidacy with the filing officer if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the filing officer;
(iii)
the individual communicates with the filing officer using an electronic device
that allows the individual and filing officer to see and hear each other; and
(iv)
the individual provides the filing officer with an email address to which the filing
officer may send the individual the copies described in Subsection
20A-9-201(5)
.
(d)
(c)
Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's
declaration of candidacy to the lieutenant governor within one business day after the
candidate files the declaration of candidacy.
(e)
(d)
Each business day during the filing period, each county clerk shall notify the
lieutenant governor electronically or by telephone of candidates who have filed a
declaration of candidacy with the county clerk.
(f)
(e)
Each individual seeking the office of lieutenant governor, the office of district
attorney, or the office of president or vice president of the United States shall comply
with the specific declaration of candidacy requirements established by this section.
(2)
(a)
Each individual intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general
election shall:
(i)
file a declaration of candidacy with the clerk designated in the interlocal
agreement creating the prosecution district on or after January 1 of the regular
general election year, and before the individual circulates nomination petitions
under Section
20A-9-405
; and
(ii)
pay the filing fee.
(b)
The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the
office of district attorney.
(3)
(a)
Before
the deadline described in Subsection
(1)(b)
5 p.m. on the first Monday
after the fourth Saturday in April
, each lieutenant governor candidate shall:
(i)
file a declaration of candidacy with the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from a candidate for governor who has received certification for
the primary-election ballot under Section
20A-9-403
that names the lieutenant
governor candidate as a joint-ticket running mate.
(b)
(i)
A candidate for lieutenant governor who fails to timely file is disqualified.
(ii)
If a candidate for lieutenant governor is disqualified, another candidate may file
to replace the disqualified candidate.
(4)
Before 5 p.m. no later than
the last business day in
August
31
, each registered political
party shall:
(a)
certify the names of the political party's candidates for president and vice president of
the United States to the lieutenant governor; or
(b)
provide written authorization for the lieutenant governor to accept the certification of
candidates for president and vice president of the United States from the national
office of the registered political party.
(5)
(a)
A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor no later than 5 p.m. on the last
business day that is at least 10 calendar days before the deadline described in
Subsection
20A-9-409(4)(c)
.
(b)
If an objection is made, the clerk or lieutenant governor shall:
(i)
mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii)
decide
any
the
objection within
48 hours after it is filed
three business days
after the day on which the objection is filed
.
(c)
If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by:
(i)
amending the declaration or petition no later than 5 p.m. on the first business day
that is at least three calendar days after the day on which the objection is
sustained; or
(ii)
filing a new declaration no later than 5 p.m. on the first business day that is at
least three calendar days after the day on which the objection is sustained.
(d)
(i)
The clerk's or lieutenant governor's decision upon objections to form is final.
(ii)
The clerk's or lieutenant governor's decision upon substantive matters is
reviewable by a district court if prompt application is made to the court.
(iii)
The decision of the district court is final unless the Supreme Court, in the
exercise of its discretion, agrees to review the lower court decision.
(6)
Any person who filed a declaration of candidacy may withdraw as a candidate by filing
a written affidavit with the clerk.
(7)
(a)
Except for a candidate who is certified by a registered political party under
Subsection
(4)
, and except as provided in Section
20A-9-504
, before 5 p.m. no later
than
the last business day in
August
31
of a general election year, each individual
running as a candidate for vice president of the United States shall:
(i)
file a declaration of candidacy, in person or via a designated agent, on a form
developed by the lieutenant governor, that:
(A)
contains the individual's name, address, and telephone number;
(B)
states that the individual meets the qualifications for the office of vice
president of the United States;
(C)
names the presidential candidate, who has qualified for the general election
ballot, with which the individual is running as a joint-ticket running mate;
(D)
states that the individual agrees to be the running mate of the presidential
candidate described in Subsection
(7)(a)(i)(C)
; and
(E)
contains any other necessary information identified by the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from the presidential candidate described in Subsection
(7)(a)(i)(C)
that names the individual as a joint-ticket running mate as a vice
presidential candidate.
(b)
A designated agent described in Subsection
(7)(a)(i)
may not sign the declaration of
candidacy.
(c)
A vice presidential candidate who fails to meet the requirements described in this
Subsection
(7)
may not appear on the general election ballot.
(8)
An individual filing a declaration of candidacy for president or vice president of the
United States shall pay a filing fee of $500.
Section 63. Section
20A-9-203
is amended to read:
20A-9-203
Effective
05/06/26
. Declarations of candidacy -- Municipal general
elections -- Nomination petition -- Removal of signature.
(1)
An individual may become a candidate for any municipal office if:
(a)
the individual is a registered voter; and
(b)
(i)
the individual has resided within the municipality in which the individual seeks
to hold elective office for the 12 consecutive months immediately before the date
of the election; or
(ii)
the territory in which the individual resides was annexed into the municipality,
the individual has resided within the annexed territory or the municipality the 12
consecutive months immediately before the date of the election.
(2)
(a)
For purposes of determining whether an individual meets the residency
requirement of Subsection
(1)(b)(i)
in a municipality that was incorporated less than
12 months before the election, the municipality is considered to have been
incorporated 12 months before the date of the election.
(b)
In addition to the requirements of Subsection
(1)
, each candidate for a municipal
council position shall, if elected from a district, be a resident of the council district
from which the candidate is elected.
(c)
In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
individual, an individual convicted of a felony, or an individual convicted of treason
or a crime against the elective franchise may not hold office in this state until the
right to hold elective office is restored under Section
20A-2-101.3
or
20A-2-101.5
.
(3)
(a)
An individual seeking to become a candidate for a municipal office shall,
regardless of the nomination method by which the individual is seeking to become a
candidate:
(i)
except as provided in Subsection
(3)(b)
,
or
Section
10-2a-214
, or Chapter 4,
Part 6, Municipal Alternate Voting Methods Pilot Project
, and subject to
Subsection
20A-9-404(3)(e)
, file a declaration of candidacy, in person with the
city recorder or town clerk, during the filing period described in Subsection
(3)(d)
and the office hours described in Subsection
10-3-301(3)
; and
(ii)
pay the filing fee, if one is required by municipal ordinance.
(b)
Subject to Subsection
(5)(b)
, an individual may designate an agent to file a
declaration of candidacy with the city recorder or town clerk if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the city recorder or town clerk;
(iii)
the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and city recorder or town clerk to see
and hear each other; and
(iv)
the individual provides the city recorder or town clerk with an email address to
which the city recorder or town clerk may send the individual the copies described
in Subsection
(4)
.
(c)
Any resident of a municipality may nominate a candidate for a municipal office by:
(i)
except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods
Pilot Project,
filing a nomination petition with the city recorder or town clerk
during the filing period described in Subsection
(3)(d)
and the office hours
described in Subsection
10-3-301(3)
that includes signatures in support of the
nomination petition of the lesser of at least:
(A)
25 registered voters who reside in the municipality; or
(B)
20% of the registered voters who reside in the municipality; and
(ii)
paying the filing fee, if one is required by municipal ordinance.
(d)
The filing period to file a declaration of candidacy for an elective office that is to be
filled at the next municipal general election:
(i)
begins at 8 a.m. on the later of:
(A)
June 1 of the year in which the next municipal general election is held; or
(B)
if June 1 is not a business day, the first business day after June 1; and
(i)
begins at 8 a.m. on the first business day in June; and
(ii)
(A)
ends at 5 p.m. on the fourth business day after the day on which the filing
period begins
.
; or
(B)
if the day described in Subsection(3)(d)(ii)(A) is a Friday, ends at 5 p.m. on
the next business day after that Friday.
(4)
(a)
Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i)
read to the prospective candidate or individual filing the petition the constitutional
and statutory qualification requirements for the office that the candidate is seeking;
(ii)
require the candidate or individual filing the petition to state whether the
candidate meets the requirements described in Subsection
(4)(a)(i)
; and
(iii)
inform the candidate or the individual filing the petition that an individual who
holds a municipal elected office may not, at the same time, hold a county elected
office.
(b)
If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy or nomination
petition.
(c)
If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall:
(i)
inform the candidate that, subject to Section
20A-6-109
, the candidate's name will
appear on the ballot as it is written on the declaration of candidacy;
(ii)
provide the candidate with a copy of the current campaign financial disclosure
laws for the office the candidate is seeking and inform the candidate that failure to
comply will result in disqualification as a candidate and removal of the candidate's
name from the ballot;
(iii)
provide the candidate with a copy of Section
20A-7-801
regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the
submission deadline under Subsection
20A-7-801(4)(a)
;
(iv)
inform the candidate that the candidate must provide the filing officer with an
email address that the candidate actively monitors:
(A)
to receive a communication from a filing officer or an election officer; and
(B)
if the candidate wishes to display a candidate profile on the Statewide
Electronic Voter Information Website, to submit to the website the
biographical and other information described in Subsection
20A-7-801(4)(a)(ii)
;
(v)
inform the candidate that the email address described in Subsection
(4)(c)(iv)
is
not a record under Title 63G, Chapter 2, Government Records Access and
Management Act;
(vi)
obtain from the candidate the email address described in Subsection
(4)(c)(iv)
;
(vii)
provide the candidate with a copy of the pledge of fair campaign practices
described under Section
20A-9-206
and inform the candidate that:
(A)
signing the pledge is voluntary; and
(B)
signed pledges shall be filed with the filing officer; and
(viii)
accept the declaration of candidacy or nomination petition.
(d)
If the candidate elects to sign the pledge of fair campaign practices, the filing officer
shall:
(i)
accept the candidate's pledge; and
(ii)
if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the
candidate is a member.
(5)
(a)
The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
(if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
(stating the term). I will meet the legal qualifications required of candidates for this office. If
filing via a designated agent, I attest that I will be out of the state of Utah during the entire
candidate filing period. I will file all campaign financial disclosure reports as required by law
and I understand that failure to do so will result in my disqualification as a candidate for this
office and removal of my name from the ballot. I request that my name be printed upon the
applicable official ballots. (Signed) _______________
Subscribed and sworn to (or affirmed) before me by ____ on this
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)."
(b)
An agent designated under Subsection
(3)(b)
to file a declaration of candidacy may
not sign the form described in Subsection
(5)(a)
.
(c)
(i)
A nomination petition shall be in substantially the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality), being registered voters, nominate
(name of nominee) for the office of (name of office) for the (length of term of office)."
(ii)
The remainder of the petition shall contain lines and columns for the signatures of
individuals signing the petition and each individual's address and phone number.
(6)
If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two-year or four-year term, the clerk shall consider the nomination
to be for the four-year term.
(7)
(a)
The clerk shall verify with the county clerk that all candidates are registered
voters.
(b)
With the assistance of the county clerk, and using the procedures described in
Section
20A-1-1002
, the municipal clerk shall determine whether the required
number of signatures of registered voters appears on a nomination petition.
(8)
Immediately after expiration of the period for filing a declaration of candidacy, the clerk
shall:
(a)
publicize a list of the names of the candidates as they will appear on the ballot by
publishing the list for the municipality, as a class A notice under Section
63G-30-102
,
for seven calendar days; and
(b)
notify the lieutenant governor of the names of the candidates as they will appear on
the ballot.
(9)
Except as provided in Subsection
(10)(c)
, an individual may not amend a declaration of
candidacy or nomination petition filed under this section after the candidate filing period
ends.
(10)
(a)
A declaration of candidacy or nomination petition that an individual files under
this section is valid unless a person files a written objection with the clerk no later
than 5 p.m. on the first business day that is at least 10 calendar days after the last day
for filing.
(b)
If a person files an objection, the clerk shall:
(i)
mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii)
decide any objection within 48 hours after the objection is filed.
(c)
If the clerk sustains the objection, the candidate may, no later than 5 p.m. on the first
business day that is at least three calendar days after the day on which the clerk
sustains the objection, correct the problem for which the objection is sustained by
amending the candidate's declaration of candidacy or nomination petition, or by filing
a new declaration of candidacy.
(d)
(i)
The clerk's decision upon objections to form is final.
(ii)
The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district court.
(iii)
The decision of the district court is final unless the Supreme Court, in the
exercise of its discretion, agrees to review the lower court decision.
(11)
A candidate who qualifies for the ballot under this section may withdraw as a
candidate by filing a written affidavit with the municipal clerk.
(12)
(a)
A voter who signs a nomination petition under this section may have the voter's
signature removed from the petition by, no later than 5 p.m. three business days after
the day on which the petition is filed with the city recorder or municipal clerk,
submitting to the municipal clerk a statement requesting that the voter's signature be
removed.
(b)
A statement described in Subsection
(12)(a)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(c)
With the assistance of the county clerk and using the procedures described in
Subsection
20A-1-1003(3)
, the municipal clerk shall determine whether to remove an
individual's signature from a petition after receiving a timely, valid statement
requesting removal of the signature.
Section 64. Section
20A-9-403
is amended to read:
20A-9-403
Effective
05/06/26
. Regular primary elections.
(1)
(a)
Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people
in the manner prescribed in this section. The regular primary election is held on the
date specified in Section
20A-1-201.5
. Nothing in this section shall affect a
candidate's ability to qualify for a regular general election's ballot as an unaffiliated
candidate under Section
20A-9-501
or to participate in a regular general election as a
write-in candidate under Section
20A-9-601
.
(b)
Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the
ballot at a regular general election shall comply with the requirements of this section
and shall nominate the registered political party's candidates for elective office in the
manner described in this section.
(c)
A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party
or any other political group and a candidate for elective office who is not nominated
in the manner prescribed in this section or in Subsection
20A-9-202(4)
.
(d)
Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2)
(a)
Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i)
either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have
the names of the registered political party's candidates for elective office featured
on the ballot at the next regular general election; and
(ii)
if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may
vote for the registered political party's candidates and whether individuals
identified as unaffiliated with a political party may vote for the registered political
party's candidates.
(b)
(i)
A registered political party that is a continuing political party shall file the
statement described in Subsection
(2)(a)
with the lieutenant governor no later than
5 p.m. on November 30 of each odd-numbered year.
(ii)
An organization that is seeking to become a registered political party under
Section
20A-8-103
shall file the statement described in Subsection
(2)(a)
at the
time that the registered political party files the petition described in Section
20A-8-103
.
(3)
(a)
Except as provided in Subsection
(3)(e)
(3)(d)
, an individual who submits a
declaration of candidacy under Section
20A-9-202
shall appear as a candidate for
elective office on the regular primary ballot of the registered political party listed on
the declaration of candidacy only if the individual is certified by the appropriate
filing officer as having submitted a nomination petition that was:
(i)
circulated and completed in accordance with Section
20A-9-405
; and
(ii)
signed by at least 2% of the registered political party's members who reside in the
political division of the office that the individual seeks.
(b)
(i)
A candidate for elective office shall, in accordance with Section
20A-9-408.3
,
submit signatures for a nomination petition to the appropriate filing officer for
verification and certification no later than 5 p.m. on March 31.
(ii)
A candidate may supplement the candidate's submissions at any time on or before
the filing deadline.
(c)
(i)
The lieutenant governor shall determine for each elective office the total
number of signatures that must be submitted under Subsection
(3)(a)(ii)
or
20A-9-408
(8) by counting the aggregate number of individuals residing in each
elective office's political division who have designated a particular registered
political party on the individuals' voter registration forms on or before November
15 of each odd-numbered year.
(ii)
The lieutenant governor shall publish the determination for each elective office
no later than November 30 of each odd-numbered year.
(d)
(c)
The filing officer shall:
(i)
except as otherwise provided in Section
20A-21-201
, and in accordance with
Section
20A-9-408.3
, verify signatures on nomination petitions in a transparent
and orderly manner, no later than 14 calendar days after the day on which a
candidate submits the signatures to the filing officer;
(ii)
for all qualifying candidates for elective office who submit nomination petitions
to the filing officer, issue certifications referenced in Subsection
(3)(a)
no later
than the deadline described in Subsection
20A-9-202
(1)(b)
20A-9-201.5(2)
;
(iii)
consider active and inactive voters eligible to sign nomination petitions;
(iv)
consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection
(3)(a)(ii)
if the individual has designated
that registered political party as the individual's party membership on the
individual's voter registration form; and
(v)
except as otherwise provided in Section
20A-21-201
and with the assistance of
the county clerk as applicable, use the procedures described in Section
20A-1-1002
to verify submitted nomination petition signatures, or use statistical sampling
procedures to verify submitted nomination petition signatures in accordance with
rules made under Subsection
(3)(f)
(3)(e)
.
(e)
(d)
Notwithstanding any other provision in this Subsection
(3)
, a candidate for
lieutenant governor may appear on the regular primary ballot of a registered political
party without submitting nomination petitions if the candidate files a declaration of
candidacy and complies with Subsection
20A-9-202(3)
.
(f)
(e)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the director of elections, within the Office of the Lieutenant Governor, may make
rules that:
(i)
provide for the use of statistical sampling procedures that:
(A)
filing officers are required to use to verify signatures under Subsection
(3)(d)
(3)(c)
; and
(B)
reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii)
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g)
(f)
The county clerk shall:
(i)
review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
and
(ii)
if more than two candidates file for one seat, include the names of the candidates
on the list described in Section
20A-5a-206
.
(ii)
place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than
two candidates have filed for the same seat; and
(iii)
place the local board of education candidates' names on the ballot in accordance
with Sections
20A-6-109
and
20A-6-110
.
(4)
(a)
Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
governor shall provide to the county clerks:
(i)
a list of the names of all candidates for federal, constitutional, multi-county,
single county, and county offices who have received certifications under
Subsection
(3)
, along with instructions on how those names shall appear on the
primary election ballot in accordance with Sections
20A-6-109
and
20A-6-110
;
and
(ii)
a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection
(5)(c)
and instruct the county clerks to
exclude the unopposed candidates from the primary election ballot.
(b)
A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary election ballot.
(c)
After the county clerk receives the certified list from the lieutenant governor under
Subsection
(4)(a)
, the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
Attest: county clerk."
(5)
(4)
(a)
A candidate who, at the regular primary election, receives the highest number
of votes cast for the office sought by the candidate is:
(i)
nominated for that office by the candidate's registered political party; or
(ii)
for a nonpartisan local school board position, nominated for that office.
(b)
If two or more candidates are to be elected to the office at the regular general
election, those party candidates equal in number to positions to be filled who receive
the highest number of votes at the regular primary election are the nominees of the
candidates' party for those positions.
(c)
(i)
As used in this Subsection
(5)(c)
(4)(c)
, a candidate is "unopposed" if:
(A)
no individual other than the candidate receives a certification under
Subsection
(3)
for the regular primary election ballot of the candidate's
registered political party for a particular elective office; or
(B)
for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection
(3)
for the
regular primary election of the candidate's registered political party does not
exceed the total number of candidates to be elected or nominated for that office.
(ii)
A candidate who is unopposed for an elective office in the regular primary
election of a registered political party is nominated by the party for that office
without appearing on the primary election ballot.
(6)
(5)
The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in
the preparation for or the conduct of that primary election shall be paid out of the
treasury of the county or state, in the same manner as for the regular general elections.
(7)
(6)
An individual may not file a declaration of candidacy for a registered political party
of which the individual is not a member, except to the extent that the registered political
party permits otherwise under the registered political party's bylaws.
Section 65. Section
20A-9-406
is amended to read:
20A-9-406
Effective
05/06/26
. Qualified political party -- Requirements and
exemptions.
The following provisions apply to a qualified political party:
(1)
the qualified political party shall, no later than 5 p.m. on the first Monday of October of
each odd-numbered year, certify to the lieutenant governor the identity of one or more
registered political parties whose members may vote for the qualified political party's
candidates and whether unaffiliated voters may vote for the qualified political party's
candidates;
(2)
the following provisions do not apply to a nomination for the qualified political party:
(a)
Subsections
20A-9-403(1)
through
(3)(b)
and Subsections
(3)(d)(ii)
through
(4)(a)
;
(b)
Subsection
20A-9-403(5)(c)
20A-9-403(4)(c)
; and
(c)
Section
20A-9-405
;
(3)
an individual may only seek the nomination of the qualified political party by using a
method described in Section
20A-9-407
, Section
20A-9-408
, or both;
(4)
the qualified political party shall comply with the provisions of Sections
20A-9-407
,
20A-9-408
, and
20A-9-409
;
(5)
notwithstanding Subsection
20A-6-301(1)(a)
,
(1)(e)
, or
(2)(a)
, each election officer shall
ensure that a ballot described in Section
20A-6-301
includes each individual nominated
by a qualified political party:
(a)
under the qualified political party's name, if any; or
(b)
under the title of the qualified registered political party as designated by the qualified
political party in the certification described in Subsection
(1)
, or, if none is
designated, then under some suitable title;
(6)
notwithstanding Subsection
20A-6-302(1)(a)
, each election officer shall ensure, for
ballots in regular general elections, that each candidate who is nominated by the
qualified political party is listed by party;
(7)
notwithstanding Subsection
20A-6-304(1)(e)
, each election officer shall ensure that the
party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on a mechanical ballot;
(8)
"candidates for elective office," defined in Subsection
20A-9-101(1)(a)
, also includes an
individual who files a declaration of candidacy under Section
20A-9-407
or
20A-9-408
to run in a regular general election for a federal office,
statewide
constitutional office,
multicounty office, or county office;
(9)
an individual who is nominated by, or seeking the nomination of, the qualified political
party is not required to comply with Subsection
20A-9-201(1)(c)
;
(10)
notwithstanding Subsection
20A-9-403(3)
, the qualified political party is entitled to
have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(11)
(a)
notwithstanding Subsection
20A-9-403(4)(a)
,
the lieutenant governor shall
include on the list provided by the lieutenant governor to the county clerks
:
(a)
under Section
20A-5a-205
,
the names of all candidates of the qualified political
party for
federal, constitutional, multicounty, and county offices
the offices
described in Subsection
20A-5a-205(2)(a)
; and
(b)
the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates
from the primary-election ballot;
(b)
a county clerk shall include on the list provided by the county clerk under Section
20A-5a-206
, the names of all candidates of the qualified political party for the offices
described in Subsection
20A-5a-206(2)
;
(12)
a county clerk shall:
(a)
except as provided in Subsection
(12)(b)
, include on the regular primary election
ballot the candidates of a qualified political party that have qualified for placement on
the ballot; and
(b)
exclude from the regular primary election ballot the candidates who are unopposed
candidates;
(12)
(13)
notwithstanding Subsection
20A-9-403(5)(c)
20A-9-403(4)(c)
, a candidate who
is unopposed for an elective office in the regular primary election of the qualified
political party is nominated by the party for that office without appearing on the primary
ballot; and
(13)
(14)
notwithstanding the provisions of Subsections
20A-9-403(1)
and
(2)
and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 66. Section
20A-9-407
is amended to read:
20A-9-407
Effective
05/06/26
. Convention process to seek the nomination of a
qualified political party.
(1)
This section describes the requirements for a member of a qualified political party who
is seeking the nomination of a qualified political party for an elective office through the
qualified political party's convention process.
(2)
Notwithstanding Subsection
20A-9-201(7)(a)
, the form of the declaration of candidacy
for a member of a qualified political party who is nominated by, or who is seeking the
nomination of, the qualified political party under this section shall be substantially as
described in Section
20A-9-408.5
.
(3)
Notwithstanding Subsection
20A-9-202(1)(a)
, and except as provided in Subsection
20A-9-202(4)
, a member of a qualified political party who, under this section, is seeking
the nomination of the qualified political party for an elective office that is to be filled at
the next general election, shall:
(a)
except as provided in Subsection
20A-9-202(1)(c)
20A-9-202(1)(b)
, file a
declaration of candidacy in person with the filing officer during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
; and
(b)
pay the filing fee.
(4)
Notwithstanding Subsection
20A-9-202(2)(a)
, a member of a qualified political party
who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at
the next general election, shall:
(a)
file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district during the applicable declaration of
candidacy filing period described in Section
20A-9-201.5
; and
(b)
pay the filing fee.
(5)
Notwithstanding Subsection
20A-9-202(3)(a)(iii)
, a lieutenant governor candidate who
files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, file a
declaration of candidacy and submit a letter from the candidate for governor that names
the lieutenant governor candidate as a joint-ticket running mate.
(6)
(a)
A qualified political party that nominates a candidate under this section shall
certify the name of the candidate to the lieutenant governor before the deadline
described in Subsection
20A-9-202(1)(b)
.
(b)
The lieutenant governor
and a county clerk
shall include, in the primary ballot
certification or, for a race where a primary is not held because the candidate is
unopposed, in the
general election ballot certification
list of names described in
Sections
20A-5a-209
and
20A-5a-210
, the name of each candidate nominated by a
qualified political party under this section.
(7)
Notwithstanding Subsection
20A-9-701(2)
20A-5a-209(3)
, the ballot shall, for each
candidate who is nominated by a qualified political party under this section, designate
the qualified political party that nominated the candidate.
Section 67. Section
20A-9-408
is amended to read:
20A-9-408
Effective
05/06/26
. Signature-gathering process to seek the
nomination of a qualified political party -- Removal of signature.
(1)
This section describes the requirements for a member of a qualified political party who
is seeking the nomination of the qualified political party for an elective office through
the signature-gathering process described in this section.
(2)
Notwithstanding Subsection
20A-9-201(7)(a)
, the form of the declaration of candidacy
for a member of a qualified political party who is nominated by, or who is seeking the
nomination of, the qualified political party under this section shall be substantially as
described in Section
20A-9-408.5
.
(3)
Notwithstanding Subsection
20A-9-202(1)(a)
, and except as provided in Subsection
20A-9-202(4)
, a member of a qualified political party who, under this section, is seeking
the nomination of the qualified political party for an elective office that is to be filled at
the next general election shall:
(a)
except to the extent otherwise provided in Subsection
(13)(a)
, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, and before
gathering signatures under this section, file with the filing officer on a form approved
by the lieutenant governor a notice of intent to gather signatures for candidacy that
includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
20A-9-202(1)(b)
, file a
declaration of candidacy, in person, with the filing officer during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(4)
Notwithstanding Subsection
20A-9-202(2)(a)
, a member of a qualified political party
who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at
the next general election shall:
(a)
during the applicable declaration of candidacy filing period described in Section
20A-9-201.5
, and before gathering signatures under this section, file with the filing
officer on a form approved by the lieutenant governor a notice of intent to gather
signatures for candidacy that includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
20A-9-202(1)(b)
, file a
declaration of candidacy, in person, with the filing officer during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(5)
Notwithstanding Subsection
20A-9-202(3)(a)(iii)
, a lieutenant governor candidate who
files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, file a
declaration of candidacy and submit a letter from the candidate for governor that names
the lieutenant governor candidate as a joint-ticket running mate.
(6)
(a)
The lieutenant governor shall ensure that the
certification described in Subsection
20A-9-701(1)
information that the lieutenant governor sends to a county clerk under
Section
20A-5a-209
also includes the name of each candidate nominated by a
qualified political party under this section.
(b)
A county clerk shall ensure that the information published by the county clerk under
Section
20A-5a-210
also includes the name of each candidate nominated by a
qualified political party under this section.
(7)
Notwithstanding Subsection
20A-9-701(2)
20A-5a-209(3)
, the ballot shall, for each
candidate who is nominated by a qualified political party under this section, designate
the qualified political party that nominated the candidate.
(8)
A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a)
complying with the requirements described in this section; and
(b)
collecting signatures, on a form approved by the lieutenant governor that complies
with Subsection
20A-9-405(3)
, during the period beginning on the day on which the
member files a notice of intent to gather signatures and ending at the applicable
deadline described in Subsection
(12)
, in the following amounts:
(i)
for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election;
(ii)
except as provided in Subsection
(13)(b)
, for a congressional district race, 7,000
signatures of registered voters who are residents of the congressional district and
are permitted by the qualified political party to vote for the qualified political
party's candidates in a primary election;
(iii)
for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(iv)
for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(v)
for a State Board of Education race, the lesser of:
(A)
2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election; or
(B)
3% of the registered voters of the qualified political party who are residents of
the applicable State Board of Education district; and
(vi)
for a county office race, signatures of 3% of the registered voters who are
residents of the area permitted to vote for the county office and are permitted by
the qualified political party to vote for the qualified political party's candidates in
a primary election.
(9)
(a)
This Subsection
(9)
applies only to the manual candidate qualification process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, using
the manual candidate qualification process, the member shall:
(i)
collect the signatures on a form approved by the lieutenant governor, using the
same circulation and verification requirements described in Sections
20A-7-105
and
20A-7-204
; and
(ii)
in accordance with Section
20A-9-408.3
, submit the signatures to the election
officer before the applicable deadline described in Subsection
(12)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, and in
accordance with Section
20A-9-408.3
, the election officer shall, no later than the
earlier of 14 calendar days after the day on which the election officer receives the
signatures, or one day before the day on which the qualified political party holds the
convention to select a nominee for the elective office to which the signature packets
relate:
(i)
check the name of each individual who completes the verification for a signature
packet to determine whether each individual is at least 18 years old;
(ii)
submit the name of each individual described in Subsection
(9)(c)(i)
who is not at
least 18 years old to the attorney general and the county attorney;
(iii)
with the assistance of the county clerk as applicable, determine whether each
signer is a registered voter who is qualified to sign the petition, using the same
method, described in Section
20A-1-1002
, used to verify a signature on a petition;
and
(iv)
certify whether each name is that of a registered voter who is qualified to sign the
signature packet.
(d)
(i)
A registered voter who physically signs a form under Subsections
(8)
and
(9)(b)
may have the voter's signature removed from the form by, no later than 5 p.m.
three business days after the day on which the member submits the signature form
to the election officer, submitting to the election officer a statement requesting
that the voter's signature be removed.
(ii)
A statement described in Subsection
(9)(d)(i)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(iii)
With the assistance of the county clerk as applicable, the election officer shall
use the procedures described in Subsection
20A-1-1003(3)
to determine whether
to remove an individual's signature after receiving a timely, valid statement
requesting removal of the signature.
(e)
(i)
An election officer shall, in accordance with this Subsection
(9)(e)
and rules
made under Section
20A-3a-106
, conduct regular audits of signature comparisons
made between signatures gathered under this section and voter signatures
maintained by the election officer.
(ii)
An individual who conducts an audit of signature comparisons under this section
may not audit the individual's own work.
(iii)
The election officer shall:
(A)
audit 1% of all signature comparisons described in Subsection
(9)(e)(i)
to
determine the accuracy of the comparisons made;
(B)
record the individuals who conducted the audit;
(C)
record the audit results;
(D)
provide additional training or staff reassignments, as needed, based on the
results of an audit described in Subsection
(9)(e)(i)
; and
(E)
record any remedial action taken.
(iv)
The audit results described in Subsection
(9)(e)(iii)(C)
are a public record.
(f)
An election officer who certifies signatures under Subsection
(9)(c)
or
20A-9-403(3)(d)
20A-9-403(3)(c)
shall, after certifying enough signatures to
establish that a candidate has reached the applicable signature threshold described in
Subsection
(8)
or
20A-9-403(3)(a)
, as applicable, continue to certify signatures
submitted for the candidate in excess of the number of signatures required, until the
election officer either:
(i)
certifies signatures equal to 110% of the applicable signature threshold; or
(ii)
has reviewed all signatures submitted for the candidate before reaching an
amount equal to 110% of the applicable signature threshold.
(10)
(a)
This Subsection
(10)
applies only to the electronic candidate qualification
process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, the
member shall, before the deadline described in Subsection
(12)
, collect signatures
electronically:
(i)
in accordance with Section
20A-21-201
; and
(ii)
using progressive screens, in a format approved by the lieutenant governor, that
complies with Subsection
20A-9-405(4)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, the
election officer shall, no later than the earlier of 14 calendar days after the day on
which the election officer receives the signatures, or one day before the day on which
the qualified political party holds the convention to select a nominee for the elective
office to which the signature packets relate:
(i)
check the name of each individual who completes the verification for a signature
to determine whether each individual is at least 18 years old; and
(ii)
submit the name of each individual described in Subsection
(10)(c)(i)
who is not
at least 18 years old to the attorney general and the county attorney.
(11)
(a)
An individual may not gather signatures under this section until after the
individual files a notice of intent to gather signatures for candidacy described in this
section.
(b)
An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection
(3)(a)
or
(4)(a)
, is, beginning on the day on which the
individual files the notice of intent to gather signatures for candidacy:
(i)
required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii)
subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described
in Subsection
(11)(b)(i)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, or
Subsections
(8)
and
(10)(b)
, the election officer shall, no later than the day before the
day on which the qualified political party holds the convention to select a nominee
for the elective office to which the signature packets relate, notify the qualified
political party and the lieutenant governor of the name of each member of the
qualified political party who qualifies as a nominee of the qualified political party,
under this section, for the elective office to which the convention relates.
(d)
Upon receipt of a notice of intent to gather signatures for candidacy described in this
section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the
lieutenant governor posts a declaration of candidacy.
(12)
The deadline before which a member of a qualified political party must collect and
submit signatures to the election officer under this section is 5 p.m. on the last business
day that is at least 14 calendar days before the day on which the qualified political
party's convention for the office begins.
(13)
For the 2026 election year only, an individual who desires to gather signatures to seek
the nomination of a qualified political party for the office of United States representative
shall:
(a)
in accordance with Subsection
(3)(a)
, file a notice of intent to gather signatures
during the period beginning at 8 a.m. on the first business day of January and ending
at 5 p.m. on March 13, 2026; and
(b)
during the period beginning on the day on which the individual files the notice of
intent to gather signatures and ending at 5 p.m. on March 13, 2026, on a form
approved by the lieutenant governor that complies with Subsection
20A-9-405(3)
,
collect 7,000 signatures of registered voters who are residents of the state and are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election.
Section 68. Section
20A-9-409
is amended to read:
20A-9-409
Effective
05/06/26
. Primary election provisions relating to qualified
political party.
(1)
The regular primary election is held on the date specified in Section
20A-1-201.5
.
(2)
(a)
A qualified political party that nominates
only
one
or more candidates
candidate
for an elective office under Section
20A-9-407
and does not have a candidate qualify
as a candidate for that office under Section
20A-9-408
, may, but is not required to,
:
(i)
may not
participate in the primary election for that office
.
; and
(ii)
will appear as a candidate for that office on the regular general election ballot.
(b)
A qualified political party that has only one candidate qualify as a candidate for an
elective office under Section
20A-9-408
and does not nominate a candidate for that
office under Section
20A-9-407
, may, but is not required to,
:
(i)
may not
participate in the primary election for that office
.
; and
(ii)
will appear as a candidate for that office on the regular general election ballot.
(c)
A qualified political party that nominates one or more candidates for an elective
office under Section
20A-9-407
and has one or more candidates qualify as a
candidate for that office under Section
20A-9-408
shall participate in the primary
election for that office.
(d)
A qualified political party that has two or more candidates qualify as candidates for
an elective office under Section
20A-9-408
,
and does not nominate a candidate for
that office under Section
20A-9-407
,
shall participate in the primary election for that
office.
(e)
A qualified political party that nominates two candidates for an elective office under
Section
20A-9-407
, and does not have a candidate qualify as a candidate for elective
office under Section
20A-9-408
, shall participate in the primary election for that
office.
(3)
Notwithstanding Subsection
(2)
, in an opt-in county, as defined in Section
17-62-201
or
17-62-202
, a qualified political party shall participate in the primary election for a
county commission office if:
(a)
there is more than one:
(i)
open position as defined in Section
17-62-201
; or
(ii)
midterm vacancy as defined in Section
17-62-201
; and
(b)
the number of candidates nominated under Section
20A-9-407
or qualified under
Section
20A-9-408
for the respective open positions or midterm vacancies exceeds
the number of respective open positions or midterm vacancies.
(4)
(a)
As used in this Subsection
(4)
, a candidate is "unopposed" if:
(i)
no individual other than the candidate receives a certification, from the
appropriate filing officer, for the regular primary election ballot of the candidate's
registered political party for a particular elective office; or
(ii)
for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification, from the appropriate filing officer,
for the regular primary election of the candidate's registered political party does
not exceed the total number of candidates to be elected or nominated for that
office.
(b)
Before the deadline described in Subsection
(4)(c)
, the lieutenant governor shall:
(i)
provide to the county clerks:
(A)
a list of the names of all candidates for federal, constitutional, multi-county,
single county, and county offices who have received certifications from the
appropriate filing officer, along with instructions on how those names shall
appear on the primary election ballot in accordance with Sections
20A-6-109
and
20A-6-110
; and
(B)
a list of unopposed candidates for elective office who have been nominated
by a registered political party; and
(ii)
instruct the county clerks to exclude unopposed candidates from the primary
election ballot.
(c)
The deadline described in Subsection
(4)(b)
is 5 p.m. on the first Wednesday after
the fourth Saturday in April.
Section 69. Section
20A-14-103
is amended to read:
20A-14-103
Effective
05/06/26
. State Board of Education members -- Term --
Requirements.
(1)
Unless otherwise provided by law and except as provided in Subsection
(2)
:
(a)
voters in the following districts, as designated in the Senate block equivalency file,
shall elect a State Board of Education member for a term of four years:
(i)
at the 2022 General Election, State Board of Education Districts 1, 2, 4, 5, 8, 11,
and 14; and
(ii)
at the 2024 General Election, State Board of Education Districts 3, 6, 7, 9, 10, 12,
13, and 15; and
(b)
a State Board of Education member representing a district described in Subsection
(1)(a)(ii)
on November 16, 2021, shall represent the realigned district, if the State
Board of Education member resides in the realigned district, for a term of office that
ends January 6, 2025.
(2)
(a)
As used in this Subsection
(2)
, "District 6" means District 6 as designated in the
Senate block equivalency file.
(b)
If one of the incumbent State Board of Education members from District 6 files
written notice with the lieutenant governor by close of business on January 3, 2022,
that the member will not seek election to the State Board of Education from District 6:
(i)
the filing incumbent member may serve until January 2, 2023, in representation of
the district to which the member was elected at the 2020 General Election; and
(ii)
the other incumbent member from District 6 shall serve out the term for which the
member was elected, in representation of District 6, which is until January 6, 2025.
(c)
If neither or both incumbent State Board of Education members in District 6 file the
written notice described in Subsection
(2)(b)
:
(i)
the incumbent members may serve until January 2, 2023, in representation of the
district to which the members were elected at the 2020 General Election;
(ii)
the lieutenant governor shall designate District 6 as an office to be filled in the
2022 General Election in the notice
of election required by Section
20A-5-101
of
offices to be filled for that election
;
(iii)
the State Board of Education member elected from District 6 at the 2022 General
Election shall be elected to serve a term of office of two years; and
(iv)
the State Board of Education member elected from District 6 at the 2024 General
Election shall be elected to serve a term of office of four years.
(3)
(a)
A person seeking election to the State Board of Education shall have been a
resident of the State Board of Education district in which the person is seeking
election for at least one year as of the date of the election.
(b)
A person who has resided within the State Board of Education district, as the
boundaries of the district exist on the date of the election, for one year immediately
preceding the date of the election shall be considered to have met the requirements of
this Subsection
(3)
.
(4)
A State Board of Education member shall:
(a)
be and remain a registered voter in the State Board of Education district from which
the member was elected or appointed; and
(b)
maintain the member's primary residence within the State Board of Education district
from which the member was elected or appointed during the member's term of office.
(5)
A State Board of Education member may not, during the member's term of office, also
serve as an employee of the State Board of Education.
Section 70. Section
67-1a-7
is amended to read:
67-1a-7
Effective
05/06/26
. Use and custody of The Great Seal of the State of
Utah -- Penalty for misuse or defacing -- Rulemaking authority.
(1)
As used in this section, "seal" means the Great Seal of the State of Utah, established in
Utah Constitution, Article VII, Section 20.
(2)
In accordance with Utah Constitution, Article VII, Section 20, the Legislature
designates the lieutenant governor as the officer responsible to keep the seal.
(3)
Except as otherwise provided by
In accordance with the requirements of
law, the
lieutenant governor, or the lieutenant governor's designee, is authorized to use or affix
the
Great Seal of this state
seal
to any document
whatever and only in pursuance of
law, and is responsible for its safekeeping. Any
.
(4)
A
person who illegally uses the
Great Seal of this state, or such seal when defaced
seal,
or who defaces the seal
, is guilty of a
third degree
felony.
(5)
The director of elections, within the Office of the Lieutenant Governor, may make rules,
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a)
regulate the use and application of the seal;
(b)
establish permitted and prohibited uses of the seal; and
(c)
establish requirements for obtaining authorization to use the seal or a replica of the
seal.
Section 71.
Repealer.
Notice of offices to be filled.
Certification of candidates to county clerks.
Section 72.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
(a)
The actions affecting sections described in Subsection (2)(b) take effect:
(i)
except as provided in Subsection (2)(a)(ii),
May 6, 2026
; or
(ii)
if approved by two-thirds of all members elected to each house:
(A)
upon approval by the governor;
(B)
without the governor's signature, the day following the constitutional time
limit of Utah Constitution, Article VII, Section 8; or
(C)
in the case of a veto, the date of veto override.
(b)
Subsection (2)(a) applies to the actions affecting the following sections:
(i)
Section 20A-5a-205
Effective
upon governor's approval
; and
(ii)
Section 20A-5a-206
Effective
upon governor's approval
.
3-12-26 3:23 PM