Election Modifications

142
20A-1-102
20A-1-104
20A-1-106
20A-1-109
20A-1-608.1
20A-1-609
20A-3a-202
20A-3a-401
20A-6-301
20A-6-401
20A-6-401.1
20A-6-402
20A-9-408.4
20A-11-104
63I-2-220
0
Election Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Jefferson S. Burton
LONG TITLE
General Description:
This bill amends provisions relating to elections.
Highlighted Provisions:
This bill:
defines terms;
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;
enacts a temporary provision regarding the computation of time;
prohibits certain action by a county clerk;
requires the lieutenant governor to create a written conflict of interest avoidance plan;
establishes the crime of electronic communications abuse of elections or elected office;
subject to certain exceptions, provides that, when poll workers verify a voter's identity in
relation to a ballot returned by mail, the poll workers are required to verify the signature
on the affidavit in addition to the last four digits of an identification number;
requires an incumbent county clerk who is running for reelection to contract with another
county clerk to provide certain services in relation to verifying candidate signatures for
the race;
permits the use of campaign funds for certain goods or services relating to security; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-1-104
, as repealed and reenacted by Laws of Utah 2025, Chapter 448
20A-1-106
, as enacted by Laws of Utah 2023, Chapter 297
20A-1-609
, as last amended by Laws of Utah 2022, Chapter 325
20A-3a-202
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-3a-401
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-6-301
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-401
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-401.1
, as last amended by Laws of Utah 2025, Chapter 39
20A-6-402
, as last amended by Laws of Utah 2025, Chapter 39
20A-11-104
, as last amended by Laws of Utah 2024, Chapter 447
63I-2-220
, as last amended by Laws of Utah 2024, Forth Special Session, Chapter 2
ENACTS:
20A-1-109
, Utah Code Annotated 1953
20A-1-608.1
, Utah Code Annotated 1953
20A-9-408.4
, Utah Code Annotated 1953
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
,
, 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)
.
(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)
; or
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)
(i)
a certified birth certificate;
(iv)
(ii)
a valid social security card;
(v)
(iii)
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)
(iv)
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)
(v)
a currently valid Utah hunting or fishing license;
(viii)
(vi)
certified naturalization documentation;
(ix)
(vii)
a currently valid license issued by an authorized agency of the United
States;
(x)
(viii)
a certified copy of court records showing the voter's adoption or name
change;
(xi)
(ix)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
(x)
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)
(xi)
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-1-104
is amended to read:
20A-1-104
. Computation of time.
(1)
Time is computed in this title as provided in this section.
(2)
Except as provided in Subsection
(3)
, or as otherwise expressly provided in this title:
(a)
if a provision describes a time period in terms of a certain number of calendar days:
(i)
the time period is calculated by consecutive days; and
(ii)
the beginning and ending day of the time period is the calendar day on which the
time period begins or ends;
(b)
if a provision describes a time period in terms of a certain number of business days,
only the business days are included in the calculation; and
(c)
if a provision describes a time period in terms of a certain number of days rather than
calendar days or business days, the days referred to mean calendar days.
(3)
A time period that relates to filing an action or document in court is calculated as
provided in court rule.
(4)
Except in relation to the following chapters, if a deadline described in this title ends on a
weekend or holiday, the deadline is extended to the next business day:
(a)
Chapter 19, Utah Independent Redistricting Commission and Standards Act; and
(b)
Chapter 20, Utah Independent Redistricting Commission.
Section 3. Section
20A-1-106
is amended to read:
20A-1-106
. Duties of a clerk -- Prohibited action.
(1)
As used in this section, "clerk" means an election officer other than the lieutenant
governor.
(2)
A clerk shall:
(a)
comply with all of the following in relation to elections:
(i)
federal and state law;
(ii)
federal and state rules; and
(iii)
the policies and direction of the lieutenant governor; and
(b)
diligently learn and become familiar with the law, rules, policies, and direction
described in Subsection
(2)(a)
.
(3)
A clerk may not alter election procedures or processes to favor, or discriminate against,
the following with respect to an election that the clerk is involved in administering:
(a)
a candidate;
(b)
an individual seeking candidacy;
(c)
a ballot measure; or
(d)
a proposed ballot measure.
Section 4. Section
20A-1-109
is enacted to read:
20A-1-109
. Lieutenant governor conflict of interest avoidance plan -- Creation
and presentation.
(1)
The lieutenant governor shall, before August 31, 2026, create a written conflict of
interest risk avoidance plan that:
(a)
identifies specific types of decisions or actions the lieutenant governor may take, in
the course and scope of the duties or powers of the office of lieutenant governor, that
could create a conflict of interest by influencing, or being perceived to influence, the
lieutenant governor's candidacy for an office;
(b)
for each type of decision or action identified under Subsection
(1)(a)
, establishes
procedures and actions the lieutenant governor will take to mitigate or avoid the
conflict, including:
(i)
recusal from making the decision or taking the action; and
(ii)
designating the person who will make the decision or take the action in the event
of a recusal; and
(c)
for each type of decision or action considered in relation to creating the plan that the
lieutenant governor concludes does not constitute a conflict of interest:
(i)
a description of the type of decision or action; and
(ii)
an explanation of why the type of decision or action does not constitute a conflict
of interest or the appearance of a conflict of interest.
(2)
The lieutenant governor shall:
(a)
forward a copy of the plan described in Subsection
(1)
to the Government Operations
Interim Committee on or before September 1, 2026;
(b)
if requested by the chairs of the Government Operations Interim Committee, present
the plan to the committee at a meeting specified by the chairs of the committee; and
(c)
keep a copy of the plan available for public review on the lieutenant governor's
website.
(3)
Beginning on January 1, 2029, when a new lieutenant governor first takes office, the
lieutenant governor shall, within 90 days after first taking office:
(a)
(i)
adopt the written conflict of interest risk avoidance plan used by the previous
lieutenant governor; or
(ii)
create a new written conflict of interest avoidance plan in accordance with the
requirements described in Subsection
(1)
;
(b)
forward a copy of the plan described in Subsection
(3)(a)
to the Government
Operations Interim Committee;
(c)
if requested by the chairs of the Government Operations Interim Committee, present
the plan to the committee at a meeting specified by the chairs of the committee; and
(d)
keep a copy of the plan available for public review on the lieutenant governor's
website.
(4)
If, at any time during the lieutenant governor's term of office, the lieutenant governor
revises the written conflict of interest avoidance plan, the lieutenant governor shall:
(a)
forward a copy of the revised plan to the Government Operations Interim Committee;
(b)
if requested by the chairs of the Government Operations Interim Committee, present
the revised plan to the committee at a meeting specified by the chairs of the
committee; and
(c)
keep a copy of the revised plan available for public review on the lieutenant
governor's website.
(5)
The lieutenant governor shall comply with the written conflict of interest avoidance plan
adopted or created by the lieutenant governor under this section.
Section 5. Section
20A-1-608.1
is enacted to read:
20A-1-608.1
. Electronic communications abuse of elections or elected office.
(1)
As used in this section:
(a)
"Actor" means the same as that term is defined in Section
76-1-101.5
.
(b)
"In relation to an election process" means anything governed by this title, or another
provision of law that governs a matter addressed by this title, including:
(i)
the administration or conduct of an election or a requirement or process relating to
an election; or
(ii)
a provision relating to:
(A)
a voter or voting;
(B)
a candidate for public office or candidacy for public office;
(C)
an officeholder;
(D)
campaigning or political fundraising;
(E)
a person that participates in, or seeks to influence, an election; or
(F)
a lobbyist or lobbying.
(2)
An actor commits electronic communications abuse of elections or an elected office if
the actor:
(a)
commits a violation of a provision of Title 76, Chapter 12, Part 2, Electronic
Communication Abuse; and
(b)
commits the violation described in Subsection
(2)(a)
:
(i)
by obtaining, using, or disseminating information obtained, directly or indirectly,
from a voter registration record, a petition, a declaration of candidacy, a financial
disclosure, a financial statement, a conflict of interest disclosure, or another source
of information obtained, stored, provided, or disclosed under this title or in
relation to elections;
(ii)
with the intent to retaliate against, threaten, deceive, or fraudulently influence a
person in relation to an election process;
(iii)
with the intent to fraudulently influence an election process; or
(iv)
with the intent to retaliate against, threaten, deceive, or fraudulently influence:
(A)
a candidate in relation to the candidate's campaign or candidacy; or
(B)
an officeholder in relation to a duty of the officeholder, an action as an
officeholder, or inaction as an officeholder.
(3)
If an actor can, for the same conduct, be charged under this section or under Title 76,
Chapter 12, Part 2, Electronic Communication Abuse, the actor shall be charged under
this section, unless a charge under Title 76, Chapter 12, Part 2, Electronic
Communication Abuse, carries a more serious penalty.
Section 6. Section
20A-1-609
is amended to read:
20A-1-609
. Omnibus penalties.
(1)
(a)
Except as provided in Subsection
(1)(b)
, (1)(c), or (2)
, a person who violates any
provision of this title is guilty of a class B misdemeanor.
(b)
Subsection
(1)(a)
does not apply to a provision of this title for which another penalty
is expressly stated.
(c)
An individual is not guilty of a crime for, by signing a petition for an initiative or
referendum, falsely making the statement described in Subsection
20A-7-203(3)(d)(xx)
,
20A-7-303(3)(d)(xx)
,
20A-7-503(3)(d)(xx)
, or
20A-7-603(3)(d)(xx)
.
(2)
A person who violates Section
20A-1-608.1
is:
(a)
except as provided in Subsection
(2)(b)
, guilty of a class A misdemeanor; or
(b)
guilty of a third degree felony for a second or subsequent violation.
(2)
(3)
Except as provided by Section
20A-2-101.3
or
20A-2-101.5
, an individual
convicted of any offense under this title may not:
(a)
file a declaration of candidacy for any office or appear on the ballot as a candidate
for any office during the election cycle in which the violation occurred;
(b)
take or hold the office to which the individual was elected; and
(c)
receive the emoluments of the office to which the individual was elected.
(3)
(4)
(a)
Any individual convicted of any offense under this title forfeits the right to
vote at any election unless the right to vote is restored as provided in Section
20A-2-101.3
or
20A-2-101.5
.
(b)
Any person may challenge the right to vote of a person described in Subsection
(3)(a)
(4)(a)
by following the procedures and requirements of Section
20A-3a-803
.
Section 7. Section
20A-3a-202
is amended to read:
20A-3a-202
. 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 8. Section
20A-3a-401
is amended to read:
20A-3a-401
. Custody of voted ballots mailed or deposited in a ballot drop box --
Disposition -- Notice -- Disclosures relating to unresolved ballots.
(1)
This section governs ballots returned by mail, via a ballot drop box, or by other legal
means.
(2)
Poll workers shall process return envelopes containing manual ballots that are in the
custody of the poll workers in accordance with this section.
(3)
Poll workers shall examine a return envelope to make the determinations described in
Subsection
(4)
.
(4)
The poll workers shall take the action described in Subsection
(5)(a)
if the poll workers
determine:
(a)
for an election held before January 1, 2029:
(i)
that
if
the return envelope contains
a four digit number on the portion of the
return envelope for a voter to enter
the last four digits of the voter's Utah driver
license number, Utah state identification card number, or social security number
,
that the four digit number correctly identifies the last four digits of one of those
numbers for the voter to whom the return envelope relates
;
or
(ii)
if the return envelope does not contain
the digits described in Subsection
(4)(a)(i)
a four digit number on the portion of the return envelope described in Subsection
(4)(a)(i)
, that:
(A)
in accordance with the rules made under Subsection
(13)
, the signature on the
affidavit of the return envelope is reasonably consistent with the individual's
signature in the voter registration records; or
(B)
for an individual who checks the box described in Subsection
(7)(d)(v)
, the
signature is verified by alternative means;
and
(iii)
if the return envelope contains the correct four digit number under Subsection
(4)(a)(i)
, that:
(A)
in accordance with the rules made under Subsection
(13)
, the signature on the
affidavit of the return envelope is reasonably consistent with the individual's
signature in the voter registration records; or
(B)
for an individual who checks the box described in Subsection
(7)(d)(v)
, the
signature is verified by alternative means;
(b)
for an election held on or after January 1, 2029:
(i)
(A)
that the return envelope contains the last four digits of the voter's Utah
driver license number, Utah state identification card number, or social security
number;
(ii)
(B)
if the return envelope does not contain the digits described in Subsection
(4)(b)(i)
, that the voter included in the return envelope a copy of the
identification described in Subsection
20A-3a-204(2)(c)(ii)
; or
(iii)
(C)
for a voter described in Subsection
20A-3a-301(7)
, that the voter
complied with Subsection
20A-3a-301(7)
;
and
(ii)
that:
(A)
in accordance with the rules made under Subsection
(13)
, the signature on the
affidavit of the return envelope is reasonably consistent with the individual's
signature in the voter registration records; or
(B)
for an individual who checks the box described in Subsection
(7)(d)(v)
, the
signature is verified by alternative means;
(c)
that the affidavit is sufficient;
(d)
that the voter is registered to vote in the correct precinct;
(e)
that the voter's right to vote the ballot has not been challenged;
(f)
that the voter has not already voted in the election; and
(g)
for a voter who has not yet provided valid voter identification with the voter's voter
registration, whether the voter has provided valid voter identification with the return
envelope.
(5)
(a)
If the poll workers make all of the findings described in Subsection
(4)
, the poll
workers shall:
(i)
remove the manual ballot from the return envelope in a manner that does not
destroy the affidavit on the return envelope;
(ii)
ensure that the ballot is not examined in connection with the return envelope; and
(iii)
place the ballot with the other ballots to be counted.
(b)
If the poll workers do not make all of the findings described in Subsection
(4)
, the
poll workers shall:
(i)
disallow the vote;
(ii)
except as provided in Subsection
(6)
, without opening the return envelope, record
the ballot as "rejected" and state the reason for the rejection; and
(iii)
except as provided in Subsection
(6)
, place the return envelope, unopened, with
the other rejected return envelopes.
(6)
A poll worker may open a return envelope, if necessary, to determine compliance with
Subsection
(4)(b)(ii)
, (4)(b)(iii), or (4)(g).
(7)
(a)
If the poll workers reject an individual's ballot because the poll workers determine
that the return envelope does not comply with Subsection
(4)
, the election officer
shall:
(i)
contact the individual in accordance with Subsection
(8)
; and
(ii)
inform the individual:
(A)
that the identification information provided on the return envelope is in
question;
(B)
how the individual may resolve the issue; and
(C)
that, in order for the ballot to be counted, the individual is required to deliver
to the election officer a correctly completed affidavit, provided by the county
clerk, that meets the requirements described in Subsection
(7)(d)
.
(b)
If, under Subsection
(4)(a)(ii)(A)
(4)(a) or
(b)
, the poll workers reject an individual's
ballot because the poll workers determine, in accordance with rules made under
Subsection
(13)
, that the signature on the return envelope is not reasonably consistent
with the individual's signature in the voter registration records, the election officer
shall:
(i)
contact the individual in accordance with Subsection
(8)
; and
(ii)
inform the individual:
(A)
that the individual's signature is in question;
(B)
how the individual may resolve the issue; and
(C)
that, in order for the ballot to be counted, the individual is required to deliver
to the election officer a correctly completed affidavit, provided by the county
clerk, that meets the requirements described in Subsection
(7)(d)
.
(c)
The election officer shall ensure that the notice described in Subsection
(7)(a)
or
(b)

includes:
(i)
when communicating the notice by mail, a printed copy of the affidavit described
in Subsection
(7)(d)
and a courtesy reply envelope;
(ii)
when communicating the notice electronically, a link to a copy of the affidavit
described in Subsection
(7)(d)
or information on how to obtain a copy of the
affidavit; or
(iii)
when communicating the notice by phone, either during a direct conversation
with the voter or in a voicemail, arrangements for the voter to receive a copy of
the affidavit described in Subsection
(7)(d)
, either in person from the clerk's
office, by mail, or electronically.
(d)
An affidavit described in Subsection
(7)(a)(ii)(C)
or
(7)(b)(ii)(C)
shall include:
(i)
an attestation that the individual voted the ballot;
(ii)
a space for the individual to enter the individual's name, date of birth, and driver
license number or the last four digits of the individual's social security number;
(iii)
a space for the individual to sign the affidavit;
(iv)
a statement that, by signing the affidavit, the individual authorizes the lieutenant
governor's and county clerk's use of the information in the affidavit and the
individual's signature on the affidavit for voter identification purposes; and
(v)
a check box accompanied by language in substantially the following form: "I am
a voter with a qualifying disability under the Americans with Disabilities Act that
impacts my ability to sign my name consistently. I can provide appropriate
documentation upon request. To discuss accommodations, I can be contacted at
__________________".
(e)
In order for an individual described in Subsection
(7)(a)
or
(b)
to have the
individual's ballot counted, the individual shall deliver the affidavit described in
Subsection
(7)(d)
to the election officer.
(f)
An election officer who receives a signed affidavit under Subsection
(7)(e)
shall
immediately:
(i)
scan the signature on the affidavit electronically and keep the signature on file in
the statewide voter registration database developed under Section
20A-2-502
;
(ii)
if the election officer receives the affidavit no later than noon on the last business
day before the day on which the canvass begins, count the individual's ballot; and
(iii)
if the check box described in Subsection
(7)(d)(v)
is checked, comply with the
rules described in Subsection
(13)(c)
.
(8)
(a)
The election officer shall, within two business days after the day on which an
individual's ballot is rejected, notify the individual of the rejection and the reason for
the rejection, by phone, mail, email, or, if consent is obtained, text message, unless:
(i)
the ballot is cured within one business day after the day on which the ballot is
rejected; or
(ii)
the ballot is rejected because the ballot is received late or for another reason that
cannot be cured.
(b)
If an individual's ballot is rejected for a reason described in Subsection
(8)(a)(ii)
, the
election officer shall notify the individual of the rejection and the reason for the
rejection by phone, mail, email, or, if consent is obtained, text message, within the
later of:
(i)
30 calendar days after the day of the rejection; or
(ii)
30 calendar days after the day of the election.
(c)
The election officer may, when notifying an individual by phone under this
Subsection
(8)
, use auto-dial technology.
(9)
An election officer may not count the ballot of an individual whom the election officer
contacts under Subsection
(7)
or
(8)
unless, no later than noon on the last business day
before the day on which the canvass begins, the election officer:
(a)
receives a signed affidavit from the individual under Subsection
(7)
; or
(b)
(i)
contacts the individual;
(ii)
if the election officer has reason to believe that an individual, other than the voter
to whom the ballot was sent, signed the ballot affidavit, informs the individual that
it is unlawful to sign a ballot affidavit for another person, even if the person gives
permission;
(iii)
verifies the identity of the individual by:
(A)
requiring the individual to provide at least two types of personal identifying
information for the individual; and
(B)
comparing the information provided under Subsection
(9)(b)(iii)(A)
to records
relating to the individual that are in the possession or control of an election
officer; and
(iv)
documents the verification described in Subsection
(9)(b)(iii)
, by recording:
(A)
the name and voter identification number of the individual contacted;
(B)
the name of the individual who conducts the verification;
(C)
the date and manner of the communication;
(D)
the type of personal identifying information provided by the individual;
(E)
a description of the records against which the personal identifying information
provided by the individual is compared and verified; and
(F)
other information required by the lieutenant governor.
(10)
(a)
The election officer shall retain and preserve:
(i)
the return envelopes in accordance with Subsection
20A-4-202(2)
; and
(ii)
the documents described in Subsection
(9)(b)(iv)
in accordance with Subsection
20A-4-202(3)
.
(b)
If the election officer complies with Subsection
(10)(a)(ii)
by including the
documentation in the voter's voter registration record, the election officer shall make,
retain, and preserve a record of the name and voter identification number of each
voter contacted under Subsection
(9)(b)
.
(11)
(a)
The election officer shall record the following in the database used in the
verification process:
(i)
any initial rejection of a ballot under Subsection
(5)(b)
, within one business day
after the day on which the election officer rejects the ballot; and
(ii)
any resolution of a rejection of a ballot under Subsection
(9)
, within one business
day after the day on which the ballot rejection is resolved.
(b)
An election officer shall include, in the canvass report, a final report of the
disposition of all rejected and resolved ballots, including, for ballots rejected, the
following:
(i)
the number of ballots rejected because the voter did not sign the voter's ballot; and
(ii)
the number of ballots rejected because the voter's signatures on the ballot, and in
records on file, do not correspond.
(12)
Willful failure to comply with this section constitutes willful neglect of duty under
Section
20A-5-701
.
(13)
The director of elections within the Office of the Lieutenant Governor shall make
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
establish:
(a)
criteria and processes for use by poll workers in determining if a signature
corresponds with the signature on file for the voter under Subsection
(4)(a)(ii)(A)
;
(b)
training and certification requirements for election officers and employees of election
officers regarding the criteria and processes described in Subsection
(13)(a)
; and
(c)
in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C.
Secs. 12131 through 12165, an alternative means of verifying the identity of an
individual who checks the box described in Subsection
(7)(d)(v)
.
(14)
(a)
Upon request, and subject to Subsections
(14)(b)
and
(c)
, an election officer may
disclose the name and address of a voter whose ballot has been rejected and not yet
resolved with:
(i)
a candidate in the election;
(ii)
an individual who represents the candidate's campaign;
(iii)
the sponsors of an initiative or referendum appearing on the ballot; or
(iv)
for a ballot proposition appearing on the ballot, an individual who represents a
political issues committee, as defined in Section
20A-11-101
, if the political
issues committee supports or opposes the ballot proposition.
(b)
If an election officer discloses the information described in Subsection
(14)(a)
, the
election officer shall:
(i)
make the disclosure within two business days after the day on which the request is
made;
(ii)
respond to each request in the order the requests were made; and
(iii)
make each disclosure in a manner, and within a period of time, that does not
reflect favoritism to one requestor over another.
(c)
A disclosure described in this Subsection
(14)
may not include the name or address
of a protected individual, as defined in Subsection
20A-2-104(1)
.
Section 9. Section
20A-6-301
is amended to read:
20A-6-301
. 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 10. Section
20A-6-401
is amended to read:
20A-6-401
. Ballots for municipal primary elections.
(1)
Each election officer shall ensure that:
(a)
the following endorsements are printed in 18

-
point bold type:
(i)
"Official Primary Ballot for ____ (City 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 11. Section
20A-6-401.1
is amended to read:
20A-6-401.1
. Ballots for partisan municipal primary elections.
(1)
An election officer shall ensure that:
(a)
all manual ballots furnished for use at the regular primary election:
(i)
separate the candidates of one political party from those of the other political
parties; and
(ii)
contain no captions or other endorsements except as provided in this section;
(b)
the names of all candidates from each party are listed on the same ballot in one or
more columns under their party name and emblem;
(c)
the political parties are printed on the ballot in the order 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 12. Section
20A-6-402
is amended to read:
20A-6-402
. Ballots for municipal general elections.
(1)
Except as otherwise required for a race conducted by instant runoff voting under Title
20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, for
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 13. Section
20A-9-408.4
is enacted to read:
20A-9-408.4
. Incumbent county clerk required to contract for certain services
relating to a race for reelection.
In relation to a race in which an incumbent county clerk is running for reelection, the
incumbent county clerk shall:
(1)
contract with another county clerk to fulfill the responsibilities described in:
(a)
Subsection
20A-9-403(3)(d)
;
(b)
Subsection
20A-9-405(10)(c)
;
(c)
Subsections
20A-9-408(9)(c)
, (d)(iii), and (f);
(d)
Subsections
20A-9-408(10)(c)
and (11)(c); and
(e)
Subsections
20A-9-408.3(2)
through
(3)
and (5) through (7);
(2)
no later than one business day after the day on which the incumbent county clerk
receives a signature packet for the race, deliver the signature packet to the other county
clerk described in Subsection
(1)
; and
(3)
on the same business day on which the incumbent county clerk receives a document
requesting the removal of a signature from a signature packet for the race, electronically
send a clear image of the document to the other county clerk described in Subsection
(1)
.
Section 14. Section
20A-11-104
is amended to read:
20A-11-104
. Personal use expenditure -- Authorized and prohibited uses of
campaign funds -- Enforcement -- Penalties.
(1)
(a)
As used in this chapter, "personal use expenditure" means an expenditure that:
(i)
(A)
is not excluded from the definition of personal use expenditure by
Subsection
(2)
; and
(B)
primarily furthers a personal interest of a candidate or officeholder or a
candidate's or officeholder's family, which interest is not connected with the
performance of an activity as a candidate or an activity or duty of an
officeholder; or
(ii)
would likely cause the candidate or officeholder to recognize the expenditure as
taxable income under federal or state law.
(b)
"Personal use expenditure" includes:
(i)
a mortgage, rent, utility, or vehicle payment;
(ii)
a household food item or supply;
(iii)
a clothing expense, except:
(A)
clothing bearing the candidate's name or campaign slogan or logo that is used
in the candidate's campaign;
(B)
clothing bearing the logo or name of a jurisdiction, district, government
organization, government entity, caucus, or political party that the officeholder
represents or of which the officeholder is a member; or
(C)
repair or replacement of clothing that is damaged while the candidate or
officeholder is engaged in an activity of a candidate or officeholder;
(iv)
an admission to a sporting, artistic, or recreational event or other form of
entertainment;
(v)
dues, fees, or gratuities at a country club, health club, or recreational facility;
(vi)
a salary payment made to:
(A)
a candidate or officeholder; or
(B)
a person who has not provided a bona fide service to a candidate or
officeholder;
(vii)
a vacation;
(viii)
a vehicle expense;
(ix)
a meal expense;
(x)
a travel expense;
(xi)
a payment of an administrative, civil, or criminal penalty;
(xii)
a satisfaction of a personal debt;
(xiii)
a personal service, including the service of an attorney, accountant, physician,
or other professional person;
(xiv)
a membership fee for a professional or service organization; and
(xv)
a payment in excess of the fair market value of the item or service purchased.
(2)
As used in this chapter, "personal use expenditure" does not include an expenditure
made:
(a)
for a political purpose;
(b)
for candidacy for public office;
(c)
to fulfill a duty or activity of an officeholder;
(d)
for a donation to a registered political party;
(e)
for a contribution to another candidate's campaign account, including sponsorship of
or attendance at an event, the primary purpose of which is to solicit a contribution for
another candidate's campaign account;
(f)
to return all or a portion of a contribution to a contributor;
(g)
for the following items, if made in connection with the candidacy for public office or
an activity or duty of an officeholder:
(i)
(A)
a mileage allowance at the rate established by the Division of Finance under
Section
63A-3-107
; or
(B)
for motor fuel or special fuel, as defined in Section
59-13-102
;
(ii)
a food expense, including food or beverages:
(A)
served at a campaign event;
(B)
served at a charitable event;
(C)
consumed, or provided to others, by a candidate while the candidate is
engaged in campaigning;
(D)
consumed, or provided to others, by an officeholder while the officeholder is
acting in the capacity of an officeholder; or
(E)
provided as a gift to an individual who works on a candidate's campaign or
who assists an officeholder in the officeholder's capacity as an officeholder;
(iii)
a travel expense of a candidate, if the primary purpose of the travel is related to
the candidate's campaign, including airfare, car rental, other transportation, hotel,
or other expenses incidental to the travel;
(iv)
a travel expense of an individual assisting a candidate, if the primary purpose of
the travel by the individual is to assist the candidate with the candidate's
campaign, including an expense described in Subsection
(2)(g)(iii)
;
(v)
a travel expense of an officeholder, if the primary purpose of the travel is related
to an activity or duty of the officeholder, including an expense described in
Subsection
(2)(g)(iii)
;
(vi)
a travel expense of an individual assisting an officeholder, if the primary purpose
of the travel by the individual is to assist the officeholder in an activity or duty of
an officeholder, including an expense described in Subsection
(2)(g)(iii)
;
(vii)
a payment for a service provided by an attorney or accountant;
(viii)
a tuition payment or registration fee for participation in a meeting or conference;
(ix)
a gift;
(x)
a payment for the following items in connection with an office space:
(A)
rent;
(B)
utilities;
(C)
a supply; or
(D)
furnishing;
(xi)
a booth at a meeting or event;
(xii)
educational material; or
(xiii)
an item purchased for a purpose related to a campaign or to an activity or duty
of an officeholder;
(h)
to purchase or mail informational material, a survey, or a greeting card;
(i)
for a donation to a charitable organization, as defined by Section
13-22-2
, including
admission to or sponsorship of an event, the primary purpose of which is charitable
solicitation, as defined in Section
13-22-2
;
(j)
to repay a loan a candidate makes from the candidate's personal account to the
candidate's campaign account;
(k)
to pay membership dues to a national organization whose primary purpose is to
address general public policy;
(l)
for admission to or sponsorship of an event, the primary purpose of which is to
promote the social, educational, or economic well-being of the state or the candidate's
or officeholder's community;
(m)
for one or more guests of an officeholder or candidate to attend an event, meeting,
or conference described in this Subsection
(2)
, including related travel expenses and
other expenses, if attendance by the guest is for a primary purpose described in
Subsection
(2)(g)(iv)
or
(vi)
;
or
(n)
to pay childcare expenses of:
(i)
a candidate while the candidate is engaging in campaign activity; or
(ii)
an officeholder while the officeholder is engaging in the duties of an officeholder
.
;
or
(o)
by a candidate or officeholder to purchase reasonably necessary goods, other than
weapons, or services, for the purpose of protecting the security of the candidate or
officeholder, the candidate's or officeholder's family, or the candidate's or
officeholder's staff, which may include:
(i)
a security system for use at the candidate's or officeholder's home, place of
business, or campaign office; or
(ii)
security services while the candidate or officeholder is traveling to or from, or
attending:
(A)
a campaign event; or
(B)
for an officeholder, an event relating to an activity or duty of the officeholder.
(3)
(a)
The lieutenant governor shall enforce this chapter prohibiting a personal use
expenditure by:
(i)
evaluating a financial statement to identify a personal use expenditure; and
(ii)
commencing an informal adjudicative proceeding in accordance with Title 63G,
Chapter 4, Administrative Procedures Act, if the lieutenant governor has probable
cause to believe a candidate or officeholder has made a personal use expenditure.
(b)
Following the proceeding, the lieutenant governor may issue a signed order requiring
a candidate or officeholder who has made a personal use expenditure to:
(i)
remit an administrative penalty of an amount equal to 50% of the personal use
expenditure to the lieutenant governor; and
(ii)
deposit the amount of the personal use expenditure in the campaign account from
which the personal use expenditure was disbursed.
(c)
The lieutenant governor shall deposit money received under Subsection
(3)(b)(i)

in
into
the General Fund.
Section 15. Section
63I-2-220
is amended to read:
63I-2-220
. Repeal dates: Title 20A.
(1)
Section
20A-7-103.1
, Constitutional amendments proposed during specified timeframe
-- Analysis -- Arguments -- Publication, is repealed July 1, 2025.
(2)
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
repealed January 1, 2026.
Subsection 20A-1-104(4), relating to the extension of a deadline that falls on a weekend or holiday, is repealed on May 5, 2027.
Section 16.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 11:58 AM