Local School Board Election Amendments

48
20A-1-102
20A-1-201
20A-1-201.5
20A-1-202
20A-1-206
20A-3a-601
20A-4-301
20A-5-401
20A-6-110
20A-6-402
20A-9-203
20A-9-403
20A-9-404
20A-14-203
0
Local School Board Election Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Anthony E. Loubet
Senate Sponsor:
LONG TITLE
General Description:
This bill moves the election of a local school board member to coincide with the municipal
election dates in an odd-numbered year.
Highlighted Provisions:
This bill:
defines terms;
moves a primary election for a local school board office to the date of a municipal
primary election;
moves a general election for a local school board office to the date of a municipal general
election;
modifies the declaration of candidacy period for a local school board office;
extends the term of office of certain local school board members to effectuate the
transition from elections held in even-numbered years to elections held in odd-numbered
years; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-1-201
, as last amended by Laws of Utah 2023, Chapter 15
20A-1-201.5
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-1-202
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-1-206
, as last amended by Laws of Utah 2025, Chapter 448
20A-3a-601
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-4-301
, as last amended by Laws of Utah 2025, Chapter 448
20A-5-401
, as last amended by Laws of Utah 2023, Chapter 15
20A-6-110
, as renumbered and amended by Laws of Utah 2025, Chapter 39
20A-6-402
, as last amended by Laws of Utah 2025, Chapter 39
20A-9-203
, as last amended by Laws of Utah 2025, Chapters 38, 39 and 448
20A-9-403
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-9-404
, as last amended by Laws of Utah 2025, Chapter 448
20A-14-203
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-102
is amended to read:
20A-1-102
. 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
,
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)
.
(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
municipalities'
local school districts,
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
or local school board 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)
; or
(ii)
for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(b)(iii)
.
(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
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 2. Section
20A-1-201
is amended to read:
20A-1-201
. Date and purpose of regular general elections.
(1)
A regular general election shall be held throughout the state on the first Tuesday after
the first Monday in November of each even-numbered year.
(2)
At the regular general election, the voters shall:
(a)
choose persons to serve the terms established by law for the following offices:
(i)
electors of
President
president
and
Vice President
vice president
of the United
States;
(ii)
United States
Senators
senators
;
(iii)
Representatives
representatives
to the United States Congress;
(iv)
governor, lieutenant governor, attorney general, state treasurer, and state auditor;
(v)
senators and representatives to the Utah Legislature;
(vi)
county officers;
(vii)
State School Board
state school board
members;
(viii)
local school board members
for a new school district or a reorganized new
school district under Section
53G-3-302
;
(ix)
except as provided in Subsection
(3)
, special district officers, as applicable; and
(x)
any elected judicial officers; and
(b)
approve or reject:
(i)
any proposed amendments to the Utah Constitution that have qualified for the
ballot under procedures established in the Utah Code;
(ii)
any proposed initiatives or referenda that have qualified for the ballot under
procedures established in the Utah Code; and
(iii)
any other ballot propositions submitted to the voters that are authorized by the
Utah Code.
(3)
This section:
(a)
applies to a special service district for which the county legislative body or the
municipal legislative body, as applicable, has delegated authority for the special
service district to an administrative control board; and
(b)
does not apply to a special service district for which the county legislative body or
the municipal legislative body, as applicable, has not delegated authority for the
special service district to an administrative control board.
Section 3. Section
20A-1-201.5
is amended to read:
20A-1-201.5
. Primary election dates.
(1)
The regular primary election shall be held throughout the state on the fourth Tuesday of
June of each even numbered year as provided in Section
20A-9-403
,
20A-9-407
, or
20A-9-408
, as applicable, to nominate persons for

:
(a)
national, state,
school board,
and county offices
.
; or
(b)
local school board office for a new school district or a reorganized new school
district under Section
53G-3-302
.
(2)
A municipal primary election shall be held, if necessary, on the second Tuesday
following the first Monday in August before the regular municipal election to nominate
persons for:
(a)
municipal offices; or
(b)
local school board office
for a new school district or a reorganized new school
district under Section
53G-3-302
.
(3)
A presidential primary election shall be held throughout the state on the first Tuesday in
March in the year in which a presidential election will be held.
Section 4. Section
20A-1-202
is amended to read:
20A-1-202
. Date and purpose of municipal general election.
(1)
Except as provided in Section
20A-1-206
, a municipal general election shall be held in
municipalities,
local school districts,
and special districts as applicable, on the first
Tuesday after the first Monday in November of each odd-numbered year.
(2)
At the municipal general election, the voters shall:
(a)
(i)
choose persons to serve as municipal officers;
(ii)
for a special district that holds an election during an odd-numbered year, choose
persons to serve as special district officers; and
(iii)
choose persons to serve as local school board members
for a new school district
or a reorganized new school district under Section
53G-3-302
; and
(b)
approve or reject:
(i)
any proposed initiatives or referenda that have qualified for the ballot as provided
by law; and
(ii)
any other ballot propositions submitted to the voters that are authorized by the
Utah Code.
Section 5. Section
20A-1-206
is amended to read:
20A-1-206
. 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)
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 municipal legislative body may cancel a race in a local election if:
(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:
(a)
subject to Subsection
(8)
(10)
, 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)
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 special district board may cancel a special district race if:
(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 notice that the election is cancelled:
(a)
subject to Subsection
(8)
(10)
, 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 local school district board may cancel a local school district race if:
(a)
the race is uncontested; and
(b)
the local school 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.
(9)
A local school district board that cancels an election in accordance with Subsection
(8)

shall provide notice that the election is canceled:
(a)
subject to Subsection
(10)
, 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)
(10)
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)
, or a
local school district that posts a notice in accordance with Subsection
(9)(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 6. Section
20A-3a-601
is amended to read:
20A-3a-601
. Early voting.
(1)
(a)
An individual who is registered to vote may vote at a polling place before the
election date in accordance with this section.
(b)
Except as provided in Subsection
20A-2-207(6)
, an individual who is not registered
to vote may register to vote and vote at a polling place before the election date in
accordance with this section if the individual:
(i)
is otherwise legally entitled to vote the ballot; and
(ii)
casts a provisional ballot in accordance with Section
20A-2-207
.
(2)
Except as provided in Section
20A-1-308
or Subsection
(3)
, the early voting period:
(a)
begins on the date that is 14 calendar days before the date of the election; and
(b)
continues through the Friday before the election if the election date is a Tuesday.
(3)
(a)
An election officer may extend the end of the early voting period to the day before
the election date if the election officer provides notice of the extension in accordance
with Section
20A-3a-604
.
(b)
For a municipal election, the municipal clerk may reduce the early voting period
described in this section if:
(i)
the municipal 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 municipal clerk provides notice of the reduced early voting period in
accordance with Section
20A-3a-604
.
(c)
For a county election
or a local school board election
, the county clerk may reduce
the early voting period described in this section 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
.
(4)
Except as provided in Section
20A-1-308
, during the early voting period, the election
officer:
(a)
for a local special election,
a local school board election,
a municipal primary
election, and a municipal general election:
(i)
shall conduct early voting on a minimum of four days during each week of the
early voting period; and
(ii)
shall conduct early voting on the last day of the early voting period; and
(b)
for all other elections:
(i)
shall conduct early voting on each weekday; and
(ii)
may elect to conduct early voting on a Saturday, Sunday, or holiday.
(5)
Except as specifically provided in this
Part 6, Early Voting
, or Section
20A-1-308
, early
voting shall be administered in accordance with the requirements of this title.
Section 7. Section
20A-4-301
is amended to read:
20A-4-301
. Board of canvassers.
(1)
(a)
Each county legislative body is the board of county canvassers for:
(i)
the county; and
(ii)
each special district whose election is conducted by the county if:
(A)
the election relates to the creation of the special district;
(B)
the county legislative body serves as the governing body of the special
district; or
(C)
there is no duly constituted governing body of the special district.
(b)
The board of county canvassers shall meet to canvass the returns at the usual place of
meeting of the county legislative body, at a date and time determined by the county
clerk that is no sooner than seven calendar days after the day of the election and no
later than 14 calendar days after the day of the election.
(c)
If one or more of the county legislative body fails to attend the meeting of the board
of county canvassers, the remaining members shall replace the absent member by
appointing in the order named:
(i)
the county treasurer;
(ii)
the county assessor; or
(iii)
the county sheriff.
(d)
Attendance of the number of persons equal to a simple majority of the county
legislative body, but not less than three persons, shall constitute a quorum for
conducting the canvass.
(e)
The county clerk is the clerk of the board of county canvassers.
(2)
(a)
The mayor and the municipal legislative body are the board of municipal
canvassers for the municipality.
(b)
The board of municipal canvassers shall meet to canvass the returns at the usual
place of meeting of the municipal legislative body:
(i)
for canvassing of returns from a municipal general election, no sooner than seven
calendar days after the day of the election and no later than 14 calendar days after
the day of the election; or
(ii)
for canvassing of returns from a municipal primary election, no sooner than seven
calendar days after the day of the election and no later than 14 calendar days after
the election.
(c)
Attendance of a simple majority of the municipal legislative body shall constitute a
quorum for conducting the canvass.
(3)
(a)
The legislative body of the entity authorizing a bond election is the board of
canvassers for each bond election.
(b)
The board of canvassers for the bond election shall comply with the canvassing
procedures and requirements of Section
11-14-207
.
(c)
Attendance of a simple majority of the legislative body of the entity authorizing a
bond election shall constitute a quorum for conducting the canvass.
(4)
(a)
If a board of trustees or an administrative control board is the governing body of a
special district, the board of trustees or the administrative control board is the board
of special district canvassers for the special district.
(b)
The board of special district canvassers shall meet to canvass the returns at the usual
place of meeting for the board of trustees or the administrative control board, as
applicable, at a date and time determined by the special district clerk that is no sooner
than seven calendar days after the day of the election and no later than 14 calendar
days after the day of the election.
(c)
Attendance of a simple majority of the board of trustees or the administrative control
board is a quorum for conducting the canvass.
(5)
Except as provided in Subsection
(6)
, the board of canvassers for a local school district
election is the local school district board.
(5)
(6)
In relation to an election for the creation of a new school district under Section
53G-3-301.1
,
53G-3-301.3
, or
53G-3-301.4
, or in relation to an election of members of a
local school board for a new school district or a reorganized new school district under
Section
53G-3-302
, the board of canvassers is:
(a)
if the voters permitted to vote in the election are all residents of the same
municipality, the mayor and the municipal legislative body;
(b)
if the voters permitted to vote in the election are not all residents of the same
municipality, but are all residents of the same county, the county legislative body; or
(c)
if the voters permitted to vote in the election are not all residents of the same
municipality and are not all residents of the same county, the county legislative body
of the county where the majority of the voters permitted to vote in the election are
residents.
Section 8. Section
20A-5-401
is amended to read:
20A-5-401
. Official register -- Preparation -- Contents.
(1)
(a)
Before the registration days for each regular general, municipal general, regular
primary, municipal primary, or presidential primary election, each county clerk shall
prepare an official register of all voters that will participate in the election.
(b)
The county clerk shall ensure that the official register is prepared and contains the
following for each registered voter:
(i)
name;
(ii)
party affiliation;
(iii)
an entry field for a voter challenge, including the name of the individual making
the challenge and the grounds for the challenge;
(iv)
election name and date;
(v)
date of birth;
(vi)
place of current residence;
(vii)
street address of current residence;
(viii)
zip code;
(ix)
identification and provisional ballot information as required under Subsection
(1)(d)
; and
(x)
space for the voter to sign the voter's name for the election.
(c)
When preparing the official register for the presidential primary election, the county
clerk shall include:
(i)
an entry field to record the name of the political party whose ballot the voter
voted; and
(ii)
an entry field for the poll worker to record changes in the voter's party affiliation.
(d)
When preparing the official register for any regular general election, municipal
general election, statewide special election, local special election, regular primary
election, municipal primary election, special district election, or election for federal
office, the county clerk shall include:
(i)
an entry field for the poll worker to record the type of identification provided by
the voter;
(ii)
a space for the poll worker to record the provisional envelope ballot number for
voters who receive a provisional ballot; and
(iii)
a space for the poll worker to record the type of identification that was provided
by voters who receive a provisional ballot.
(2)
(a)
(i)
For regular and municipal elections, primary elections, regular municipal
elections, special district elections, and bond elections, the county clerk shall
make an official register only for voting precincts affected by the primary,
municipal, special district,
local school district,
or bond election.
(ii)
If a polling place to be used in a bond election serves both voters residing in the
local political subdivision calling the bond election and voters residing outside of
that local political subdivision, the official register shall designate whether each
voter resides in or outside of the local political subdivision.
(iii)
Each county clerk, with the assistance of the clerk of each affected special
district, shall provide a detailed map or an indication on the registration list or
other means to enable a poll worker to determine the voters entitled to vote at an
election of special district officers.
(b)
Municipalities shall pay the costs of making the official register for municipal
elections.
Section 9. Section
20A-6-110
is amended to read:
20A-6-110
. 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;
and
(x)
county treasurer;
and
(xi)
local school board member;
(d)
for municipal office:
(i)
mayor; and
(ii)
city or town council member;
(e)
local school district board member;
(e)
(f)
elected planning and service district council member;
(f)
(g)
judicial retention questions; and
(g)
(h)
ballot propositions not described in Subsection
(6)(f)
(6)(g)
.
(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)
(6)(g)
, 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.
Section 10. Section
20A-6-402
is amended to read:
20A-6-402
. Ballots for municipal general elections and local school board
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
or a local school board 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
or local school board office
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)
a facsimile of the signature of the election officer and the election officer's title;
(b)
immediately below the election officer's title, a distinct border or line separates the
endorsements from the rest of the ballot;
(c)
immediately below the border or line, an "Instructions to Voters" section is displayed
that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
the candidate(s) for each respective office." followed by another border or line;
(d)
after the border or line, the designation of the office for which the candidates seek
election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the
number of candidates for which the voter may vote)" are displayed, followed by a
line or border;
(e)
after the line or border, the names of the candidates are displayed in 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.
Section 11. Section
20A-9-203
is amended to read:
20A-9-203
. 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
, including a local school board office
:
(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
(ii)
ends at 5 p.m. on the fourth business day after the day on which the filing period
begins.
(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
or local school board 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
For a municipal office, 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
,
:
(a)
the
municipal
clerk shall:
(a)
(i)
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)
(ii)
notify the lieutenant governor of the names of the candidates as they will
appear on the ballot
.
; and
(b)
the county clerk shall:
(i)
publicize a list of the names of the candidates for local school board as they will
appear on the ballot by publishing the list for the local school district, as a class A
notice under Section
63G-30-102
, for seven calendar days; and
(ii)
notify the lieutenant governor of the names of the candidates for local school
board 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
the Supreme Court's
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 12. Section
20A-9-403
is amended to read:
20A-9-403
. Regular primary elections.
(1)
(a)
Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people
in the manner prescribed in this section. The regular primary election is held on the
date specified in Section
20A-1-201.5
. Nothing in this section shall affect a
candidate's ability to qualify for a regular general election's ballot as an unaffiliated
candidate under Section
20A-9-501
or to participate in a regular general election as a
write-in candidate under Section
20A-9-601
.
(b)
Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the
ballot at a regular general election shall comply with the requirements of this section
and shall nominate the registered political party's candidates for elective office in the
manner described in this section.
(c)
A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party
or any other political group and a candidate for elective office who is not nominated
in the manner prescribed in this section or in Subsection
20A-9-202(4)
.
(d)
Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2)
(a)
Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i)
either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have
the names of the registered political party's candidates for elective office featured
on the ballot at the next regular general election; and
(ii)
if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may
vote for the registered political party's candidates and whether individuals
identified as unaffiliated with a political party may vote for the registered political
party's candidates.
(b)
(i)
A registered political party that is a continuing political party shall file the
statement described in Subsection
(2)(a)
with the lieutenant governor no later than
5 p.m. on November 30 of each odd-numbered year.
(ii)
An organization that is seeking to become a registered political party under
Section
20A-8-103
shall file the statement described in Subsection
(2)(a)
at the
time that the registered political party files the petition described in Section
20A-8-103
.
(3)
(a)
Except as provided in Subsection
(3)(e)
, an individual who submits a declaration
of candidacy under Section
20A-9-202
shall appear as a candidate for elective office
on the regular primary ballot of the registered political party listed on the declaration
of candidacy only if the individual is certified by the appropriate filing officer as
having submitted a 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)
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)
;
(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)
.
(e)
Notwithstanding any other provision in this Subsection
(3)
, a candidate for lieutenant
governor may appear on the regular primary ballot of a registered political party
without submitting nomination petitions if the candidate files a declaration of
candidacy and complies with Subsection
20A-9-202(3)
.
(f)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, may make rules
that:
(i)
provide for the use of statistical sampling procedures that:
(A)
filing officers are required to use to verify signatures under Subsection
(3)(d)
;
and
(B)
reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii)
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g)
The county clerk shall:
(i)
review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii)
place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than
two candidates have filed for the same seat; and
(iii)
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)
(a)
A candidate who, at the regular primary election, receives the highest number of
votes cast for the office sought by the candidate is
:
(i)

nominated for that office by the candidate's registered political party
; or
.
(ii)
for a nonpartisan local school board position, nominated for that office.
(b)
If two or more candidates are to be elected to the office at the regular general
election, those party candidates equal in number to positions to be filled who receive
the highest number of votes at the regular primary election are the nominees of the
candidates' party for those positions.
(c)
(i)
As used in this Subsection
(5)(c)
, a candidate is "unopposed" if:
(A)
no individual other than the candidate receives a certification under
Subsection
(3)
for the regular primary election ballot of the candidate's
registered political party for a particular elective office; or
(B)
for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection
(3)
for the
regular primary election of the candidate's registered political party does not
exceed the total number of candidates to be elected or nominated for that office.
(ii)
A candidate who is unopposed for an elective office in the regular primary
election of a registered political party is nominated by the party for that office
without appearing on the primary election ballot.
(6)
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)
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 13. Section
20A-9-404
is amended to read:
20A-9-404
. Municipal primary elections.
(1)
(a)
Except as otherwise provided in this section or Chapter 4, Part 6, Municipal
Alternate Voting Methods Pilot Project, candidates
Candidates
for municipal office
in all municipalities shall be nominated at a municipal primary election.
(b)
Candidates for nonpartisan local school board office shall participate in a primary
election, held in conjunction with the municipal primary election, if necessary, to
reduce the number of candidates running for a particular district to two, who will
compete in an election held in conjunction with the municipal general election.
(b)
(c)
Municipal primary elections shall be held:
(i)
consistent with Section
20A-1-201.5
, on the second Tuesday following the first
Monday in the August before the regular municipal election; and
(ii)
whenever possible, at the same polling places as the regular municipal election.
(c)
(d)
Subsections
(3)
through
(5)
do not apply to an election to elect local school
board members
under Section
53G-3-302
.
(d)
Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, does not apply
to an election to elect local school board members under Section
53G-3-302
.
(2)
Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting
Methods Pilot Project, if
If
the number of candidates for a particular municipal office
does not exceed twice the number of individuals needed to fill that office, a primary
election for that office may not be held and the candidates are considered nominated.
(3)
(a)
For purposes of
As used in
this Subsection
(3)
, "convention" means an organized
assembly of voters or delegates.
(b)
(i)
By ordinance adopted before the May 1 that falls before a regular municipal
election, any third, fourth, or fifth class city or town may exempt itself from a
primary election by providing that the nomination of candidates for municipal
office to be voted upon at a municipal election be nominated by a municipal party
convention or committee.
(ii)
The municipal party convention or committee described in Subsection
(3)(b)(i)

shall be held on or before May 30 of an odd-numbered year.
(iii)
Any primary election exemption ordinance adopted under this Subsection
(3)

remains in effect until repealed by ordinance.
(c)
(i)
A convention or committee may not nominate more than one candidate for each
of the municipal offices to be voted upon at the municipal election.
(ii)
A convention or committee may not nominate an individual who has accepted the
nomination of a different convention or committee.
(iii)
A municipal party may not have more than one group of candidates placed upon
the ballot and may not group the same candidates on different tickets by the same
party under a different name or emblem.
(d)
(i)
On or before May 31 of an odd-numbered year, a convention or committee
shall prepare and submit to the filing officer a certificate of nomination for each
individual nominated.
(ii)
The certificate of nomination shall:
(A)
contain the name of the office for which each individual is nominated, the
name, post office address, and, if in a city, the street number of residence and
place of business, if any, of each individual nominated;
(B)
designate in not more than five words the party that the convention or
committee represents;
(C)
contain a copy of the resolution passed at the convention that authorized the
committee to make the nomination;
(D)
contain a statement certifying that the name of the candidate nominated by the
political party will not appear on the ballot as a candidate for any other
political party;
(E)
be signed by the presiding officer and secretary of the convention or
committee; and
(F)
contain a statement identifying the residence and post office address of the
presiding officer and secretary and certifying that the presiding officer and
secretary were officers of the convention or committee and that the certificates
are true to the best of their knowledge and belief.
(iii)
A candidate nominated by a municipal party convention or committee shall file a
declaration with the filing officer in accordance with Subsection
20A-9-203(3)

that includes:
(A)
the name of the municipal party or convention that nominated the candidate;
and
(B)
the office for which the convention or committee nominated the candidate.
(e)
A committee appointed at a convention, if authorized by an enabling resolution, may
also make nominations or fill vacancies in nominations made at a convention if the
committee makes the nomination before the deadline for a write-in candidate to file a
declaration of candidacy under Section
20A-9-601
.
(f)
The election ballot shall substantially comply with the form prescribed in Chapter 6,
Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
be included with the candidate's name.
(4)
(a)
Any third, fourth, or fifth class city or a town may adopt an ordinance before the
May 1 that falls before the regular municipal election that:
(i)
exempts the city or town from the other methods of nominating candidates to
municipal office provided in this section; and
(ii)
provides for a municipal partisan convention method of nominating candidates as
provided in this Subsection
(4)
.
(b)
(i)
Any party that was a registered political party at the last regular general
election or regular municipal election is a municipal political party under this
section.
(ii)
Any political party may qualify as a municipal political party by presenting a
petition to the city recorder that:
(A)
is signed, with a holographic signature, by registered voters within the
municipality equal to at least 20% of the number of votes cast for all
candidates for mayor in the last municipal election at which a mayor was
elected;
(B)
is filed with the city recorder or town clerk no later than 5 p.m. on the last
business day before the day on which the municipal party holds a convention to
nominate a candidate under this Subsection
(4)
;
(C)
is substantially similar to the form of the signature sheets described in Section
20A-7-303
; and
(D)
contains the name of the municipal political party using not more than five
words.
(iii)
With the assistance of the county clerk, the city recorder or town clerk shall use
the procedures described in Section
20A-1-1002
to determine whether each signer
is a registered voter who is qualified to sign the petition.
(c)
(i)
If the number of candidates for a particular office does not exceed twice the
number of offices to be filled at the regular municipal election, no primary
election for that office shall be held and the candidates are considered to be
nominated.
(ii)
If the number of candidates for a particular office exceeds twice the number of
offices to be filled at the regular municipal election, those candidates for
municipal office shall be nominated at a municipal primary election.
(d)
The clerk shall ensure that the partisan municipal primary ballot is similar to the
ballot forms required by Section
20A-6-401
and, as applicable, Section
20A-6-401.1
.
(e)
After marking a municipal primary ballot, the voter shall deposit the ballot in the
blank ballot box.
(f)
Immediately after the canvass, the election judges shall, without examination, destroy
the tickets deposited in the blank ballot box.
(5)
(a)
A voter who signs a petition under Subsection
(4)(b)(ii)
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 town clerk, submitting
to the city recorder or town clerk a statement requesting that the voter's signature be
removed.
(b)
A statement described in Subsection
(5)(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 city recorder or town 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 14. Section
20A-14-203
is amended to read:
20A-14-203
. Becoming a member of a local board of education -- Declaration of
candidacy -- Election.
(1)
An individual may become a candidate for a local school board by:
(a)
filing a declaration of candidacy with the county clerk during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
20A-9-203
;
and
(b)
paying the fee
described in Section
20A-9-202
.
(2)
(a)
The term of office for an individual elected to a local board of education is four
years, beginning on the first Monday in January after the election.
(b)
A member of a local board of education shall serve until a successor is:
(i)
elected; or
(ii)
appointed and takes or signs the constitutional oath of office.
(3)
To adjust for a local school board election to, beginning in 2027, be held in
odd-numbered years, the term of office for a local school board member:
(a)
whose term was to end on December 31, 2027, is extended by one year to December
31, 2028;
(b)
whose term was to end on December 31, 2029, is extended by one year to December
31, 2030; and
(c)
whose term was to end on December 31, 2031, is extended by one year to December
31, 2032.
Section 15.
Effective Date.
This bill takes effect on
January 1, 2027
.
2-26-26 8:52 AM