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First Substitute H.B. 44
Representative Loraine T. Pace proposes to substitute the following bill:
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PROCESS FOR CLOSED PRIMARY
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Loraine T. Pace
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AN ACT RELATING TO ELECTIONS; ESTABLISHING PROCESSES FOR REGISTERED
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POLITICAL PARTIES TO REQUEST A CLOSED PRIMARY ELECTION; ESTABLISHING
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PROCESSES FOR IDENTIFYING, DECLARING, RECORDING, AND CHANGING PARTY
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AFFILIATION; PROVIDING DIRECTION FOR BALLOT FORM AND ADMINISTRATION
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OF THE ELECTION; MAKING TECHNICAL CORRECTIONS AND CONFORMING
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CHANGES; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-1-102, as last amended by Chapters 21, 22 and 45, Laws of Utah 1999
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20A-2-104, as last amended by Chapter 48, Laws of Utah 1999
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20A-2-107, as last amended by Chapter 213, Laws of Utah 1996
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20A-3-101, as last amended by Chapter 22, Laws of Utah 1999
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20A-3-202, as last amended by Chapter 266, Laws of Utah 1998
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20A-3-304, as last amended by Chapters 22 and 253, Laws of Utah 1999
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20A-5-102, as last amended by Chapter 21, Laws of Utah 1994
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20A-9-403, as last amended by Chapters 24, 182 and 184, Laws of Utah 1997
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20A-9-404, as last amended by Chapter 56, Laws of Utah 1999
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ENACTS:
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20A-2-107.1, Utah Code Annotated 1953
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20A-3-104.5, Utah Code Annotated 1953
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20A-6-203, Utah Code Annotated 1953
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20A-6-401.1, Utah Code Annotated 1953
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63-55b-120, Utah Code Annotated 1953
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REPEALS:
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20A-6-201, as enacted by Chapter 2, Laws of Utah 1994
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20A-6-202, as enacted by Chapter 2, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-1-102
is amended to read:
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20A-1-102. Definitions.
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As used in this title:
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(1) "Active voter" means a registered voter who has not been classified as an inactive voter
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by the county clerk.
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(2) "Automatic tabulating equipment" means apparatus that automatically examines and
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counts votes recorded on paper ballots or ballot cards and tabulates the results.
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(3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
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votes and includes ballot cards, paper ballots, and secrecy envelopes.
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(4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
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(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
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the names of offices and candidates and statements of ballot propositions to be voted on and which
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are used in conjunction with ballot cards.
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(6) "Ballot proposition" means opinion questions specifically authorized by the
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Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions that
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are submitted to the voters for their approval or rejection.
48
(7) "Board of canvassers" means the entities established by Sections
20A-4-301
and
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20A-4-306
to canvass election returns.
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(8) "Bond election" means an election held for the sole purpose of approving or rejecting
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the proposed issuance of bonds by a government entity.
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(9) "Book voter registration form" means voter registration forms contained in a bound
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book that are used by election officers and registration agents to register persons to vote.
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(10) "By-mail voter registration form" means a voter registration form designed to be
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completed by the voter and mailed to the election officer.
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(11) "Canvass" means the review of election returns and the official declaration of election
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results by the board of canvassers.
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(12) "Canvassing judge" means an election judge designated to assist in counting ballots
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at the canvass.
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(13) "Convention" means the political party convention at which party officers and
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delegates are selected.
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(14) "Counting center" means one or more locations selected by the election officer in
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charge of the election for the automatic counting of ballots.
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(15) "Counting judge" means a judge designated to count the ballots during election day.
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(16) "Counting poll watcher" means a person selected as provided in Section
20A-3-201
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to witness the counting of ballots.
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(17) "Counting room" means a suitable and convenient private place or room, immediately
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adjoining the place where the election is being held, for use by the counting judges to count ballots
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during election day.
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(18) "County executive" means:
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(a) the county commission in the traditional form of government established by Section
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17-4-2
and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
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(b) the county executive in the county executive and chief administrative officer-council
74
optional form of government authorized by Section
17-35a-501
;
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(c) the county executive in the county executive-council optional form of government
76
authorized by Section
17-35a-502
;
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(d) the county council in the council-manager optional form of government authorized by
78
Section
17-35a-503
; and
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(e) the county council in the council-county administrative officer optional form of
80
government authorized by Section
17-35a-504
.
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(19) "County legislative body" means:
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(a) the county commission in the traditional form of government established by Section
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17-4-2
and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
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(b) the county council in the county executive and chief administrative officer-council
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optional form of government authorized by Section
17-35a-501
;
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(c) the county council in the county executive-council optional form of government
87
authorized by Section
17-35a-502
;
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(d) the county council in the council-manager optional form of government authorized by
89
Section
17-35a-503
; and
90
(e) the county council in the council-county administrative officer optional form of
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government authorized by Section
17-35a-504
.
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(20) "County officers" means those county officers that are required by law to be elected.
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(21) "Election" means a regular general election, a municipal general election, a statewide
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special election, a local special election, a regular primary election, a municipal primary election,
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and a special district election.
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(22) "Election cycle" means the period beginning on the first day persons are eligible to
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file declarations of candidacy and ending when the canvass is completed.
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(23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
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(24) "Election officer" means:
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(a) the lieutenant governor, for all statewide ballots;
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(b) the county clerk or clerks for all county ballots and for certain special district and
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school district ballots as provided in Section
20A-5-400.5
;
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(c) the municipal clerk for all municipal ballots and for certain special district and school
104
district ballots as provided in Section
20A-5-400.5
; and
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(d) the special district clerk or chief executive officer for all special district ballots that are
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not part of a statewide, county, or municipal ballot.
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(25) "Election official" means any election officer, election judge, or satellite registrar.
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(26) "Election returns" includes the pollbook, all affidavits of registration, the military and
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overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
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absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
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ballot disposition form, and the total votes cast form.
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(27) "Electronic voting system" means a system in which a voting device is used in
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conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
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tabulating equipment.
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(28) "Inactive voter" means a registered voter who has been sent the notice required by
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Section
20A-2-306
and who has failed to respond to that notice.
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(29) "Inspecting poll watcher" means a person selected as provided in this title to witness
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the receipt and safe deposit of voted and counted ballots.
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(30) "Judicial office" means the office filled by any judicial officer.
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(31) "Judicial officer" means any justice or judge of a court of record or any county court
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judge.
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(32) "Local election" means a regular municipal election, a local special election, a special
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district election, and a bond election.
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(33) "Local political subdivision" means a county, a municipality, a special district, or a
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local school district.
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(34) "Local special election" means a special election called by the governing body of a
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local political subdivision in which all registered voters of the local political subdivision may vote.
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(35) "Municipal executive" means:
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(a) the city commission, city council, or town council in the traditional management
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arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
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(b) the mayor in the council-mayor optional form of government defined in Section
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10-3-1209
; and
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(c) the manager in the council-manager optional form of government defined in Section
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10-3-1209
.
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(36) "Municipal general election" means the election held in municipalities and special
136
districts on the first Tuesday after the first Monday in November of each odd-numbered year for
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the purposes established in Section
20A-1-202
.
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(37) "Municipal legislative body" means:
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(a) the city commission, city council, or town council in the traditional management
140
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
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(b) the municipal council in the council-mayor optional form of government defined in
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Section
10-3-1209
; and
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(c) the municipal council in the council-manager optional form of government defined in
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Section
10-3-1209
.
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(38) "Municipal officers" means those municipal officers that are required by law to be
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elected.
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(39) "Municipal primary election" means an election held to nominate candidates for
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municipal office.
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(40) "Official ballot" means the ballots distributed by the election officer to the election
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judges to be given to voters to record their votes.
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(41) "Official endorsement" means:
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(a) the information on the ballot that identifies:
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(i) the ballot as an official ballot;
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(ii) the date of the election; and
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(iii) the facsimile signature of the election officer; and
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(b) the information on the ballot stub that identifies:
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(i) the election judge's initials; and
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(ii) the ballot number.
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(42) "Official register" means the book furnished election officials by the election officer
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that contains the information required by Section
20A-5-401
.
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(43) "Paper ballot" means a paper that contains:
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(a) the names of offices and candidates and statements of ballot propositions to be voted
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on; and
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(b) spaces for the voter to record his vote for each office and for or against each ballot
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proposition.
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(44) "Political party" means an organization of registered voters that has qualified to
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participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
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Formation and Procedures.
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(45) "Polling place" means the building where residents of a voting precinct vote.
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(46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
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which the voter marks his choice.
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(47) "Posting list" means a list of registered voters within a voting precinct.
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(48) "Primary convention" means the political party conventions at which nominees for
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the regular primary election are selected.
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(49) "Protective counter" means a separate counter, which cannot be reset, that is built into
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a voting machine and records the total number of movements of the operating lever.
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(50) "Qualify" or "qualified" means to take the oath of office and begin performing the
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duties of the position for which the person was elected.
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(51) "Receiving judge" means the election judge that checks the voter's name in the official
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register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
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has voted.
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(52) "Registration days" means the days designated in Section
20A-2-203
when a voter
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may register to vote with a satellite registrar.
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(53) "Registration form" means a book voter registration form and a by-mail voter
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registration form.
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(54) "Regular general election" means the election held throughout the state on the first
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Tuesday after the first Monday in November of each even-numbered year for the purposes
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established in Section
20A-1-201
.
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(55) "Regular primary election" means the election on the fourth Tuesday of June of each
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even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
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nomination.
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(56) "Resident" means a person who resides within a specific voting precinct in Utah.
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(57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
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distributed as provided in Section
20A-5-405
.
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(58) "Satellite registrar" means a person appointed under Section
20A-5-201
to register
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voters and perform other duties.
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(59) "Scratch vote" means to mark or punch the straight party ticket and then mark or
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punch the ballot for one or more candidates who are members of different political parties.
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(60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
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which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
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vote.
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(61) "Special district" means those local government entities created under the authority
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of Title 17A.
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(62) "Special district officers" means those special district officers that are required by law
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to be elected.
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(63) "Special election" means an election held as authorized by Section
20A-1-204
.
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(64) "Spoiled ballot" means each ballot that:
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(a) is spoiled by the voter;
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(b) is unable to be voted because it was spoiled by the printer or the election judge; or
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(c) lacks the official endorsement.
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(65) "Statewide special election" means a special election called by the governor or the
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Legislature in which all registered voters in Utah may vote.
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(66) "Stub" means the detachable part of each ballot.
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(67) "Substitute ballots" means replacement ballots provided by an election officer to the
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election judges when the official ballots are lost or stolen.
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(68) "Ticket" means each list of candidates for each political party or for each group of
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petitioners.
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(69) "Transfer case" means the sealed box used to transport voted ballots to the counting
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center.
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(70) "Vacancy" means the absence of a person to serve in any position created by statute,
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whether that absence occurs because of death, disability, disqualification, resignation, or other
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cause.
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(71) "Valid write-in candidate" means a candidate who has qualified as a write-in
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candidate by following the procedures and requirements of this title.
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(72) "Voter" means a person who meets the requirements for voting in an election, meets
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the requirements of election registration [and], is registered to vote, and is listed in the official
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register book.
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(73) "Voting area" means the area within six feet of the voting booths, voting machines,
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and ballot box.
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(74) "Voting booth" means the space or compartment within a polling place that is
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provided for the preparation of ballots and includes the voting machine enclosure or curtain.
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(75) "Voting device" means:
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(a) an apparatus in which ballot cards are used in connection with a punch device for
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piercing the ballots by the voter;
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(b) a device for marking the ballots with ink or another substance; or
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(c) any other method for recording votes on ballots so that the ballot may be tabulated by
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means of automatic tabulating equipment.
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(76) "Voting machine" means a machine designed for the sole purpose of recording and
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tabulating votes cast by voters at an election.
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(77) "Voting poll watcher" means a person appointed as provided in this title to witness
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the distribution of ballots and the voting process.
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(78) "Voting precinct" means the smallest voting unit established as provided by law
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within which qualified voters vote at one polling place.
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(79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
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poll watcher.
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(80) "Western States Presidential Primary" means the election established in Title 20A,
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Chapter 9, Part 8.
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(81) "Write-in ballot" means a ballot containing any write-in votes.
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(82) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
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according to the procedures established in this title.
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Section 2.
Section
20A-2-104
is amended to read:
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20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
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(1) (a) Every person applying to be registered shall complete a registration form printed
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in substantially the following form:
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----------------------------------------------------------------------------------------------------------------------
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UTAH ELECTION REGISTRATION FORM
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Name of Voter __________________________________________________________
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First Middle Last
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Driver License or Identification Card Number (optional)__________________________
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Date of Birth ______________________________________________________
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Street Address of Principal Place of Residence __________________________________
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________________________________________________________________________
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City County State Zip Code
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Telephone Number (optional) _________________________
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Last four digits of Social Security Number (optional) ______________________
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Place of Birth _____________________________
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Last former address at which I was registered to vote (if known)
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________________________________________________________________________
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City County State Zip Code
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________________________________________________________________________
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Voting Precinct (if known)
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Political Party [(optional) ___________________________________________________]
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.American .Democrat .Green .Independent American .Libertarian .Natural Law
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.Reform .Populist .Republican .Socialist Workers .Unaffiliated (no political party
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preference)
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Other (Please specify) ______________________________
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I do swear (or affirm), subject to penalty of law for false statements, that the information
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contained in this form is true, and that I am a citizen of the United States and a resident of the state
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of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
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for 30 days immediately before the next election. I am not a convicted felon currently incarcerated
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for commission of a felony.
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Signed and sworn
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__________________________________________________________
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Voter's Signature
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Date _______________, [19] 20 ______.
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NOTICE: IN ORDER TO VOTE, YOUR NAME MUST APPEAR IN THE OFFICIAL
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REGISTER.
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FOR OFFICIAL USE ONLY
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Voting Precinct _________________________
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Voting I.D. Number _____________________
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------------------------------------------------------------------------------------------------------------------------
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(b) The lieutenant governor, after consulting with the county clerks, may direct additional
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changes to the voter registration form when necessary to provide information to persons registering
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to vote or to facilitate election administration.
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(2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
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may be electronic or some other recognized system.
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(3) (a) Each county clerk shall retain lists of currently registered voters.
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(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
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(c) If there are any discrepancies between the two lists, the county clerk's list is the official
300
list.
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(d) The lieutenant governor and the county clerks may charge the fees established under
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the authority of Subsection
63-2-203
(10) to individuals who wish to obtain a copy of the list of
303
registered voters.
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(4) When political parties not listed on the voter registration form qualify as registered
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political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
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lieutenant governor shall inform the county clerks about the name of the new political party and
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direct the county clerks to ensure that the voter registration form is modified to include that
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political party.
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Section 3.
Section
20A-2-107
is amended to read:
310
20A-2-107. Designating or changing party affiliation.
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(1) For each person who registers to vote on or after May 1, 2000, the county clerk shall:
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(a) record the party affiliation designated by the voter on the voter registration form as the
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voter's party affiliation; or
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(b) if no political party affiliation is designated by the voter on the voter registration form,
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record the voter's party affiliation as "unaffiliated."
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[(1)] (2) (a) Any registered voter may designate or change the voter's political party
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affiliation by complying with the procedures and requirements of this [section] Subsection (2).
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[(2)] (b) Except for the 20 days immediately before a regular primary election, any
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registered voter may designate or change the voter's political party affiliation by filing a signed
320
form with the county clerk that identifies the registered political party with which the voter chooses
321
to affiliate.
322
Section 4.
Section
20A-2-107.1
is enacted to read:
323
20A-2-107.1. Designating or changing party affiliation -- June 2002 primary.
324
(1) At the primary election held June 24, 2002:
325
(a) each county clerk shall provide change of party affiliation forms to the election judges
326
for each voting precinct within the county;
327
(b) any registered voter who is classified as "unaffiliated" may affiliate with a political
328
party by completing the form and giving it to the election judge.
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(2) An unaffiliated voter who affiliates with a political party as provided in Subsection
330
(1)(b) may vote in that party's primary election on June 24, 2002.
331
(3) This section is repealed July 1, 2002.
332
Section 5.
Section
20A-3-101
is amended to read:
333
20A-3-101. Residency and age requirements of voters.
334
(1) A person may vote in any regular general election[,] or statewide special [election, and
335
statewide primary] election if that person:
336
(a) is a citizen of the United States;
337
(b) is a resident of Utah;
338
(c) will, on the date of that election:
339
(i) be at least 18 years old; and
340
(ii) have been a resident of Utah for 30 days immediately before that election; and
341
(d) has registered to vote.
342
(2) A person may vote in the Western States Presidential Primary election or a regular
343
primary election if that person:
344
(a) is a citizen of the United States;
345
(b) is a resident of Utah;
346
(c) will, on the date of that election:
347
(i) be at least 18 years old; and
348
(ii) have been a resident of Utah for 30 days immediately before that election;
349
(d) has registered to vote; and
350
(e) whose political party affiliation, or unaffiliated status, allows the voter to vote in the
351
election.
352
(3) A person may vote in a municipal general election, municipal primary, in a local
353
special election, in a special district election, and in a bond election if that person:
354
(a) is a citizen of the United States;
355
(b) is a resident of Utah;
356
(c) is a resident of the local entity that is holding the election;
357
(d) will, on the date of the election:
358
(i) be at least 18 years old; and
359
(ii) have been a resident of Utah for 30 days immediately before the election; and
360
(e) has registered to vote.
361
(4) If, as of the date of any election, a person has not resided within the voting precinct for
362
at least 20 days or has not registered to vote in that voting precinct, the person may vote at the
363
voting precinct in which he resided before he moved to the new voting precinct if:
364
(a) the person is legally registered in that voting precinct; and
365
(b) that voting precinct is in the same county and congressional district as the person's new
366
voting precinct.
367
Section 6.
Section
20A-3-104.5
is enacted to read:
368
20A-3-104.5. Voting -- Regular primary election.
369
(1) (a) Any registered voter desiring to vote at the regular primary election shall give his
370
name, the name of the registered political party whose ballot the voter wishes to vote, and, if
371
requested, his residence, to one of the election judges.
372
(b) If an election judge does not know the person requesting a ballot and has reason to
373
doubt that person's identity, the judge shall request identification or have the voter identified by
374
a known registered voter of the district.
375
(c) If the voter is challenged as provided in Section
20A-3-202
, the judge shall provide a
376
ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
377
(2) (a) (i) When the voter is properly identified, the election judge in charge of the official
378
register shall check the official register to determine:
379
(A) whether or not the person is registered to vote; and
380
(B) whether or not the person's party affiliation designation in the official register allows
381
the voter to vote the ballot that the voter requested.
382
(ii) If the official register does not affirmatively identify the voter as being affiliated with
383
a registered political party or if the official register identifies the voter as being "unaffiliated," the
384
voter shall be considered to be "unaffiliated."
385
(b) (i) If the voter's name is not found on the official register and, if it is not unduly
386
disruptive of the election process, the election judge shall attempt to contact the county clerk's
387
office to request oral verification of the voter's registration.
388
(ii) If oral verification is received from the county clerk's office, the judge shall record the
389
verification on the official register, determine the voter's party affiliation and the ballot that the
390
voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
391
(c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
392
listed in the official register does not allow the voter to vote the ballot that the voter requested, the
393
election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
394
the voter's party affiliation does allow the voter to vote.
395
(ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
396
does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
397
political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
398
voter requests, the election judge shall ask the voter if the voter wishes to vote another registered
399
political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
400
(B) If the voter wishes to vote another registered political party ballot that the unaffiliated
401
voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
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(C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
403
unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
404
may not vote.
405
(iii) For the primary election held June 24, 2002, only:
406
(A) if the voter is listed in the official register as "unaffiliated," or if the official register
407
does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registered
408
political party, the election judge shall ask the voter if the voter wishes to affiliate with a registered
409
political party, or remain "unaffiliated."
410
(B) If the voter wishes to affiliate with the registered political party whose ballot the voter
411
requested, the election judge shall direct the voter to complete the change of party affiliation form
412
and proceed as required by Subsection (3).
413
(C) If the voter wishes to remain unaffiliated and wishes to vote another registered political
414
party ballot that the unaffiliated voter is authorized to vote, the election judge shall proceed as
415
required by Subsection (3).
416
(D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
417
unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
418
may not vote.
419
(3) If the election judge determines that the voter is registered and eligible, under
420
Subsection (2), to vote the ballot that the voter requested:
421
(a) the election judge in charge of the official register shall:
422
(i) write the ballot number and the name of the registered political party whose ballot the
423
voter voted opposite the name of the voter in the official register; and
424
(ii) direct the voter to sign his name in the election column in the official register;
425
(b) another judge shall list the ballot number and voter's name in the pollbook; and
426
(c) the election judge having charge of the ballots shall:
427
(i) endorse his initials on the stub;
428
(ii) check the name of the voter on the pollbook list with the number of the stub;
429
(iii) hand the voter the ballot for the registered political party that the voter requested and
430
for which the voter is authorized to vote; and
431
(iv) allow the voter to enter the voting booth.
432
(4) Whenever the election officer is required to furnish more than one kind of official
433
ballot to the voting precinct, the election judges of that voting precinct shall give the registered
434
voter the kind of ballot that the voter is qualified to vote.
435
Section 7.
Section
20A-3-202
is amended to read:
436
20A-3-202. Challenges -- Recorded in official register and in pollbook.
437
(1) (a) When any person applies for a ballot or when a person offers a ballot for deposit
438
in the ballot box, the person's right to vote in that voting precinct and in that election may be orally
439
challenged by an election judge or any challenger orally stating the challenged voter's name and
440
the basis for the challenge.
441
(b) A person may challenge another person's right to vote by alleging that:
442
(i) the voter is not the person whose name appears in the official register and under which
443
name the right to vote is claimed;
444
(ii) the voter is not a resident of Utah;
445
(iii) the voter is not a citizen of the United States;
446
(iv) the voter has not or will not have resided in Utah for 30 days immediately before the
447
date of the election;
448
(v) the voter does not live in the voting precinct;
449
(vi) the voter does not live within the geographic boundaries of the entity holding the
450
election;
451
(vii) the voter's principal place of residence is not in the voting precinct;
452
(viii) the voter's principal place of residence is not in the geographic boundaries of the
453
election area;
454
(ix) the voter has voted before in the election;
455
(x) the voter is not at least 18 years old;
456
(xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a
457
resident of the entity holding the election before the voter was confined or incarcerated; [or]
458
(xii) the voter is a convicted felon and is incarcerated for the commission of a felony; or
459
(xiii) in a regular primary election, the voter does not meet the political party affiliation
460
criteria established by the political party whose ballot the voter seeks to vote.
461
(2) (a) The election judges shall give the voter a ballot and allow the voter to vote if:
462
(i) the person challenged signs a written affidavit certifying that he meets all the
463
requirements for voting; and
464
(ii) the election judge determines that the person challenged is registered to vote and, in
465
a regular primary election, meets the political party affiliation criteria established by the political
466
party whose ballot the voter seeks to vote.
467
(b) The election judges may not give the voter a ballot or allow the voter to vote if:
468
(i) the person challenged refuses to sign the written affidavit; [or]
469
(ii) the election judge determines that the person challenged is not registered to vote; or
470
(iii) in a regular primary election, the election judge determines that the person challenged
471
does not meet the political party affiliation criteria established by the political party whose ballot
472
the voter seeks to vote and is unwilling or unable to take the steps authorized by law to comply
473
with those criteria.
474
(c) (i) It is unlawful for any person to sign an affidavit certifying that he meets all the
475
requirements for voting when that person knows he does not meet at least one of those
476
requirements.
477
(ii) Any person who violates this Subsection (2)(c) is guilty of a class B misdemeanor.
478
(3) (a) Any person may challenge the right to vote of any person whose name appears on
479
the posting list by filing a written signed statement identifying the challenged voter's name and the
480
basis for the challenge with the county clerk on the Friday before the election during regular
481
business hours.
482
(b) The person challenging a person's right to vote shall allege one or more of the grounds
483
established in Subsection (1)(b) as the basis for the challenge.
484
(c) The county clerk shall:
485
(i) carefully preserve the written challenges;
486
(ii) write in the appropriate official register opposite the name of any person for whom the
487
county clerk received a written challenge, the words "To be challenged"; and
488
(iii) transmit the written challenges to election judges of that voting precinct.
489
(d) On election day, the election judges shall raise the written challenge with the voter
490
before giving the voter a ballot.
491
(e) If the person challenged takes an oath before any of the election judges that the grounds
492
of the challenge are false, the judges shall allow the person to vote.
493
(f) If the person applying to vote does not meet the legal requirements to vote, or refuses
494
to take the oath, the election judges may not deliver a ballot to him.
495
(4) The election judges shall record all challenges in the official register and on the
496
challenge sheets in the pollbook.
497
(5) If the person challenged under Subsection (3) voted an absentee ballot, the county clerk
498
shall submit the name of the voter and the challenge to the voter to the county attorney, or the
499
district attorney in counties with a prosecution district, for investigation and prosecution for voter
500
fraud.
501
Section 8.
Section
20A-3-304
is amended to read:
502
20A-3-304. Application for absentee ballot -- Time for filing and voting.
503
(1) As used in this section, "absent elector" means a person who:
504
(a) is physically, emotionally, or mentally impaired;
505
(b) will be serving as an election judge or who has election duties in another voting
506
precinct;
507
(c) is detained or incarcerated in a jail or prison as a penalty for committing a
508
misdemeanor;
509
(d) suffers a legal disability;
510
(e) is prevented from voting in a particular location because of religious tenets or other
511
strongly-held personal values;
512
(f) is called for jury duty in state or federal court; or
513
(g) otherwise expects to be absent from the voting precinct during the hours the polls are
514
open on election day.
515
(2) A registered voter who is or will be an absent elector may file an absentee ballot
516
application with the appropriate election officer for an official absentee ballot.
517
(3) (a) [Each] Except as provided in Subsection (3)(b), each election officer shall prepare
518
blank applications for absentee ballot applications in substantially the following form:
519
"I, ____ a qualified elector, in full possession of my mental faculties, residing at ____
520
Street, ____ City, ____ County, Utah and to my best knowledge and belief am entitled to vote by
521
absentee ballot at the next election.
522
I apply for an official absentee ballot to be voted by me at the election.
523
Dated _________ [19] 20 ____ Signed ___________________________
524
Voter"
525
(b) Each election officer shall prepare blank applications for absentee ballot applications
526
for regular primary elections and for the Western States Presidential Primary in substantially the
527
following form:
528
"I, ____ a qualified elector, in full possession of my mental faculties, residing at ____
529
Street, ____ City, ____ County, Utah and to my best knowledge and belief am entitled to vote by
530
absentee ballot at the next election.
531
I apply for an official absentee ballot for the _______________political party to be voted
532
by me at the primary election.
533
I understand that I must be affiliated with or authorized to vote the political party's ballot
534
that I request.
535
Dated _________ 20____ Signed ___________________________
536
Voter"
537
If requested by the applicant, the election officer shall:
538
(i) mail or fax the application blank to the absentee voter; or
539
(ii) deliver the application blank to any voter who personally applies for it at the office of
540
the election officer.
541
(4) (a) (i) Except as provided in Subsections (4)(a)(ii) and (iii), the voters shall file the
542
application for an absentee ballot with the appropriate election officer no later than the Friday
543
before election day.
544
(ii) Overseas applicants shall file their applications with the appropriate election officer
545
no later than 20 days before the day of election.
546
(iii) Voters applying for an absentee ballot for the Western States Presidential Primary
547
shall file the application for an absentee ballot with the appropriate election officer not later than
548
the Tuesday before election day.
549
(b) Persons voting an absentee ballot at the office of the election officer shall apply for and
550
cast their ballot no later than the day before the election.
551
(5) (a) A county clerk may establish a permanent absentee voter list.
552
(b) The clerk shall place on the list the name of any person who:
553
(i) requests permanent absentee voter status; and
554
(ii) meets the requirements of this section.
555
(c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on the
556
absentee voter list.
557
(ii) The questionnaire shall allow the absentee person to verify the voter's residence and
558
inability to vote at the voting precinct on election day.
559
(iii) The clerk may remove the names of any voter from the absentee voter registration list
560
if:
561
(A) the voter is no longer listed in the official register; or
562
(B) the voter fails to verify the voter's residence and absentee status.
563
(d) The clerk shall provide a copy of the permanent absentee voter list to election officers
564
for use in elections.
565
Section 9.
Section
20A-5-102
is amended to read:
566
20A-5-102. Voting instructions.
567
(1) Each election officer shall:
568
(a) print instruction cards for voters;
569
(b) ensure that the cards are printed in English in large clear type; and
570
(c) ensure that the cards instruct voters:
571
(i) about how to obtain ballots for voting;
572
(ii) about special political party affiliation requirements for voting in the Western States
573
Presidential Primary or in a regular primary election;
574
[(ii)] (iii) about how to prepare ballots for deposit in the ballot box;
575
[(iii)] (iv) about how to record write-in votes;
576
[(iv)] (v) about how to obtain a new ballot in the place of one spoiled by accident or
577
mistake;
578
[(v)] (vi) about how to obtain assistance in marking ballots;
579
[(vi)] (vii) about obtaining a new ballot if the voter's ballot is defaced; and
580
[(vii)] (viii) that identification marks or the spoiling or defacing of a ballot will make it
581
invalid.
582
(2) Each election officer shall:
583
(a) provide the election judges of each voting precinct with sufficient instruction cards to
584
instruct voters in the preparation of their ballots;
585
(b) direct the election judges to post:
586
(i) at least one instruction card in each voting booth; and
587
(ii) at least three instruction cards and at least one sample ballot elsewhere in and about
588
the polling place.
589
Section 10.
Section
20A-6-203
is enacted to read:
590
20A-6-203. Ballots for regular primary elections.
591
(1) The lieutenant governor, together with county clerks, suppliers of election materials,
592
and representatives of registered political parties, shall:
593
(a) develop paper ballots, ballot labels, and ballot cards to be used in Utah's regular
594
primary election;
595
(b) ensure that the paper ballots, ballot labels, and ballot cards comply generally, where
596
applicable, with the requirements of Title 20A, Chapter 6, Part 1, General Requirements for All
597
Ballots, and this section; and
598
(c) provide voting booths, election records and supplies, and ballot boxes for each voting
599
precinct as required by Section
20A-5-403
.
600
(2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A, Chapter
601
6, Part 1, General Requirements for All Ballots, and Sections
20A-5-403
,
20A-6-201
, and
602
20A-6-202
, the lieutenant governor, together with county clerks, suppliers of election materials,
603
and representatives of registered political parties shall ensure that the paper ballots, ballot labels,
604
ballot cards, and voting booths, election records and supplies, and ballot boxes:
605
(i) facilitate the distribution, voting, and tallying of ballots in a primary where not all
606
voters are authorized to vote for a party's candidate;
607
(ii) simplify the task of election judges, particularly in determining a voter's party
608
affiliation;
609
(iii) minimize the possibility of spoiled ballots due to voter confusion; and
610
(iv) protect against fraud.
611
(b) To accomplish the requirements of this Subsection (2), the lieutenant governor, county
612
clerks, suppliers of election materials, and representatives of registered political parties shall:
613
(i) mark, prepunch, or otherwise identify ballot cards as being for a particular registered
614
political party; and
615
(ii) instruct persons counting the ballots to count only those votes for candidates from the
616
registered political party whose ballot the voter received.
617
Section 11.
Section
20A-6-401.1
is enacted to read:
618
20A-6-401.1. Ballots for partisan municipal primary elections.
619
(1) If a municipality is using paper ballots, each election officer shall ensure that:
620
(a) all paper ballots furnished for use at the regular primary election:
621
(i) are perforated to separate the candidates of one political party from those of the other
622
political parties so that the voter may separate the part of the ballot containing the names of the
623
political party of the voter's choice from the rest of the ballot;
624
(ii) have sides that are perforated so that the outside sections of the ballot, when detached,
625
are similar in appearance to the inside sections of the ballot when detached; and
626
(iii) contain no captions or other endorsements except as provided in this section;
627
(b) the names of all candidates from each party are listed on the same ballot in one or more
628
columns under their party name and emblem;
629
(c) the political parties are printed on the ballot in the order determined by the county
630
clerk;
631
(d) (i) the ballot contains a ballot stub that is at least one inch wide, placed across the top
632
of the ballot;
633
(ii) the ballot number and the words "Judge's Initials ____" are printed on the stub; and
634
(iii) ballot stubs are numbered consecutively;
635
(e) immediately below the perforated ballot stub, the following endorsements are printed
636
in 18-point bold type:
637
(i) "Official Primary Ballot for ____ County, Utah";
638
(ii) the date of the election; and
639
(iii) a facsimile of the signature of the county clerk and the words "county clerk";
640
(f) after the facsimile signature, the political party emblem and the name of the political
641
party are printed;
642
(g) after the party name and emblem the ballot contains the following printed in not
643
smaller than ten-point bold face, double leaded type: "Instructions to Voters: To vote for a
644
candidate, place a cross (X) in the square at the right of the name of the person for whom you wish
645
to vote and in no other place. Do not vote for any candidate listed under more than one party or
646
group designation.", followed by two one-point parallel horizontal rules;
647
(h) after the rules, the designation of the office for which the candidates seek nomination
648
is printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more"
649
are printed to extend to the extreme right of the column in ten-point bold type, followed by a
650
hair-line rule;
651
(i) after the hair-line rule, the names of the candidates are printed in heavy face type
652
between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and
653
grouped according to the office that they seek;
654
(j) a square with sides not less than 1/4 inch long is printed to the right of the names of the
655
candidates;
656
(k) the candidate groups are separated from each other by one light and one heavy line or
657
rule; and
658
(l) the nonpartisan candidates are listed as follows:
659
(i) immediately below the listing of the party candidates, the word "NONPARTISAN" is
660
printed in reverse type in an 18-point solid rule that extends the full width of the type copy of the
661
party listing above; and
662
(ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
663
candidate's name, the voting square, and any other necessary information is printed in the same
664
style and manner as for party candidates.
665
(2) (a) If a municipality is using machine counted ballots, the election officer may require
666
that:
667
(i) the ballot label for a regular primary election consist of several groups of pages, so that
668
a separate group can be used to list the names of candidates seeking nomination of each qualified
669
political party, with additional groups used to list candidates for other nonpartisan offices;
670
(ii) the separate groups of pages are identified by color or other suitable means; and
671
(iii) the ballot label contain instructions that direct the voter how to vote the ballot.
672
(b) If a municipality is using machine counted ballots, each election officer shall:
673
(i) ensure that the ballot label provides a square for the voter to designate the political party
674
in whose primary the voter is voting; and
675
(ii) determine the order for printing the names of the political parties on the ballot label.
676
Section 12.
Section
20A-9-403
is amended to read:
677
20A-9-403. Regular primary elections.
678
(1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
679
primary election day.
680
(b) Each registered political party that chooses to use the primary election process to
681
nominate some or all of its candidates shall comply with the requirements of this section.
682
(2) (a) [(i) Each] As a condition for using the state's election system, each registered
683
political party that wishes to participate in the primary election shall [submit the names]:
684
(i) declare their intent to participate in the primary election;
685
(ii) identify one or more registered political parties whose members may vote for the
686
registered political party's candidates and whether or not persons identified as unaffiliated with a
687
political party may vote for the registered political party's candidates; and
688
(iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1 of
689
each even-numbered year.
690
(b) As a condition for using the state's election system, each registered political party that
691
wishes to participate in the primary election shall:
692
(i) certify the name and office of all of the registered political party's candidates to the
693
lieutenant governor no later than 5 p.m. on May 13 of each even-numbered year; and
694
(ii) certify the name and office of each of its county candidates to the county clerks [and
695
the names of all of its candidates to the lieutenant governor] by 5 p.m. on May 13 of each
696
even-numbered year.
697
[(ii)] (b) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall
698
send the county clerks a certified list of the names of all statewide or multicounty candidates that
699
must be printed on the primary ballot.
700
[(b)] (c) (i) Except as provided in Subsection [(b)] (2)(c)(ii), if a registered political party
701
does not wish to participate in the primary election, it shall submit the names of its county
702
candidates to the county clerks and the names of all of its candidates to the lieutenant governor by
703
5 p.m. on May 30 of each even-numbered year.
704
(ii) [Notwithstanding Subsection (b)(i), a] A registered political party's candidates for
705
President and Vice-President of the United States shall be certified to the lieutenant governor as
706
provided in Subsection
20A-9-202
(4).
707
[(c)] (d) Each political party shall certify the names of its presidential and vice-presidential
708
candidates and presidential electors to the lieutenant governor's office by August 30 of each
709
presidential election year.
710
(3) The county clerk shall:
711
(a) review the declarations of candidacy filed by candidates for local boards of education
712
to determine if more than two candidates have filed for the same seat;
713
(b) place the names of all candidates who have filed a declaration of candidacy for a local
714
board of education seat on the nonpartisan section of the ballot if more than two candidates have
715
filed for the same seat; and
716
(c) conduct a lottery to determine the order of the candidates' names on the ballot.
717
(4) After the county clerk receives the certified list from a registered political party, the
718
county clerk shall post or publish a primary election notice in substantially the following form:
719
"Notice is given that a primary election will be held Tuesday, June ____, [19] 20 __, to
720
nominate party candidates for the parties and nonpartisan offices listed on the primary ballot. The
721
polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
722
until 8 p.m. of the same day. Attest: county clerk".
723
(5) (a) Candidates receiving the highest number of votes cast for each office at the regular
724
primary election are nominated by their party or nonpartisan group for that office.
725
(b) If two or more candidates are to be elected to the office at the regular general election,
726
those party candidates equal in number to positions to be filled who receive the highest number
727
of votes at the regular primary election are the nominees of their party for those positions.
728
(6) (a) When a tie vote occurs in any primary election for any national, state, or other office
729
that represents more than one county, the governor, lieutenant governor, and attorney general shall,
730
at a public meeting called by the governor and in the presence of the candidates involved, select
731
the nominee by lot cast in whatever manner the governor determines.
732
(b) When a tie vote occurs in any primary election for any county office, the district court
733
judges of the district in which the county is located shall, at a public meeting called by the judges
734
and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
735
the judges determine.
736
(7) The expense of providing all ballots, blanks, or other supplies to be used at any primary
737
election provided for by this section, and all expenses necessarily incurred in the preparation for
738
or the conduct of that primary election shall be paid out of the treasury of the county or state, in
739
the same manner as for the regular general elections.
740
Section 13.
Section
20A-9-404
is amended to read:
741
20A-9-404. Municipal primary elections.
742
(1) (a) Except as otherwise provided in this section, candidates for municipal office in all
743
municipalities shall be nominated at a municipal primary election.
744
(b) Municipal primary elections shall be held:
745
(i) on the Tuesday following the first Monday in the October before the regular municipal
746
election; and
747
(ii) whenever possible, at the same polling places as the regular municipal election.
748
(2) If the number of candidates for a particular municipal office does not exceed twice the
749
number of persons needed to fill that office, a primary election for that office may not be held and
750
the candidates are considered nominated.
751
(3) (a) For purposes of this Subsection (3), "convention" means an organized assembly of
752
voters or delegates.
753
(b) (i) By ordinance adopted before the June 1 before a regular municipal election, any
754
third class city or town may exempt itself from a primary election by providing that the nomination
755
of candidates for municipal office to be voted upon at a municipal election be nominated by a
756
political party convention or committee.
757
(ii) Any primary election exemption ordinance adopted under the authority of this
758
subsection remains in effect until repealed by ordinance.
759
(c) (i) A convention or committee may not nominate more than one group of candidates
760
or have placed on the ballot more than one group of candidates for the municipal offices to be
761
voted upon at the municipal election.
762
(ii) A convention or committee may nominate a person who has been nominated by a
763
different convention or committee.
764
(iii) A political party may not have more than one group of candidates placed upon the
765
ballot and may not group the same candidates on different tickets by the same party under a
766
different name or emblem.
767
(d) (i) The convention or committee shall prepare a certificate of nomination for each
768
person nominated.
769
(ii) The certificate of nomination shall:
770
(A) contain the name of the office for which each person is nominated, the name, post
771
office address, and, if in a city, the street number of residence and place of business, if any, of each
772
person nominated;
773
(B) designate in not more than five words the political party that the convention or
774
committee represents;
775
(C) contain a copy of the resolution passed at the convention that authorized the committee
776
to make the nomination;
777
(D) contain a statement certifying that the name of the candidate nominated by the political
778
party will not appear on the ballot as a candidate for any other political party;
779
(E) be signed by the presiding officer and secretary of the convention or committee; and
780
(F) contain a statement identifying the residence and post office address of the presiding
781
officer and secretary and certifying that the presiding officer and secretary were officers of the
782
convention or committee and that the certificates are true to the best of their knowledge and belief.
783
(iii) Certificates of nomination shall be filed with the clerk not later than the sixth Tuesday
784
before the November municipal election.
785
(e) A committee appointed at a convention, if authorized by an enabling resolution, may
786
also make nominations or fill vacancies in nominations made at a convention.
787
(f) The election ballot shall substantially comply with the form prescribed in Title 20A,
788
Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall be
789
included with the candidate's name.
790
(4) (a) Any third class city may adopt an ordinance before the July 1 before the regular
791
municipal election that:
792
(i) exempts the city from the other methods of nominating candidates to municipal office
793
provided in this section; and
794
(ii) provides for a partisan primary election method of nominating candidates as provided
795
in this Subsection (4).
796
(b) (i) Any party that was a registered political party at the last regular general election or
797
regular municipal election is a municipal political party under this section.
798
(ii) Any political party may qualify as a municipal political party by presenting a petition
799
to the city recorder that:
800
(A) is signed by registered voters within the municipality equal to at least 20% of the
801
number of votes cast for all candidates for mayor in the last municipal election at which a mayor
802
was elected;
803
(B) is filed with the city recorder by the seventh Tuesday before the date of the municipal
804
primary election;
805
(C) is substantially similar to the form of the signature sheets described in Section
806
20A-7-303
; and
807
(D) contains the name of the municipal political party using not more than five words.
808
(c) (i) If the number of candidates for a particular office does not exceed twice the number
809
of offices to be filled at the regular municipal election, no partisan primary election for that office
810
shall be held and the candidates are considered to be nominated.
811
(ii) If the number of candidates for a particular office exceeds twice the number of offices
812
to be filled at the regular municipal election, those candidates for municipal office shall be
813
nominated at a partisan primary election.
814
(d) The clerk shall ensure that:
815
(i) the partisan municipal primary ballot is similar to the ballot forms required by Sections
816
[
20A-6-201
]
20A-6-401
and [
20A-6-202
]
20A-6-401.1
;
817
(ii) the candidates for each municipal political party are listed in one or more columns
818
under their party name and emblem;
819
(iii) the names of candidates of all parties are printed on the same ballot, but under their
820
party designation;
821
(iv) every ballot is folded and perforated so as to separate the candidates of one party from
822
those of the other parties and so as to enable the elector to separate the part of the ballot containing
823
the names of the party of his choice from the remainder of the ballot; and
824
(v) the side edges of all ballots are perforated so that the outside sections of the ballots,
825
when detached, are similar in appearance to inside sections when detached.
826
(e) After marking a municipal primary ballot, the voter shall:
827
(i) detach the part of the ballot containing the names of the candidates of the party he has
828
voted from the rest of the ballot;
829
(ii) fold the detached part so that its face is concealed and deposit it in the ballot box; and
830
(iii) fold the remainder of the ballot containing the names of the candidates of the parties
831
for whom the elector did not vote and deposit it in the blank ballot box.
832
(f) Immediately after the canvass, the election judges shall, without examination, destroy
833
the tickets deposited in the blank ballot box.
834
Section 14.
Section
63-55b-120
is enacted to read:
835
63-55b-120. Repeal dates -- Title 20A.
836
Section
20A-2-107.1
is repealed July 1, 2002.
837
Section 15. Repealer.
838
This act repeals:
839
Section 20A-6-201, Paper ballots for regular primary elections.
840
Section 20A-6-202, Machine-counted ballots for regular primary elections.
841
Section 16. Effective date.
842
This act takes effect on July 1, 2000.
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