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S.B. 60
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WESTERN STATES PRESIDENTIAL PRIMARY
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Peter C. Knudson
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House Sponsor:
Fred R. Hunsaker
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Cosponsor:Mike Dmitrich
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LONG TITLE
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General Description:
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This bill modifies provisions of the Election Code to permit the Western States
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Presidential Primary to be held on the first Tuesday in February in a presidential
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election year.
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Highlighted Provisions:
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This bill:
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. changes the date for the Western States Presidential Primary election in Utah to the
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first Tuesday in February in a presidential election year;
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. modifies dates for canvassing votes cast in a Western States Primary;
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. modifies the dates for voter registration prior to a Western States Presidential
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Primary;
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. modifies the date for filing a declaration of candidacy for a Western States
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Presidential Primary; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-1-201.5, as enacted by Chapter 22, Laws of Utah 1999
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20A-4-301, as last amended by Chapter 105, Laws of Utah 2005
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20A-4-304, as last amended by Chapter 11, Laws of Utah 2002, Fifth Special Session
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20A-4-306, as last amended by Chapter 11, Laws of Utah 2002, Fifth Special Session
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20A-9-802, as last amended by Chapter 165, Laws of Utah 2003
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20A-9-803, as enacted by Chapter 22, Laws of Utah 1999
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20A-9-804, as enacted by Chapter 22, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-1-201.5
is amended to read:
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20A-1-201.5. Primary election dates.
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(1) A regular primary election shall be held throughout the state on the fourth Tuesday
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of June of each even numbered year as provided in Section
20A-9-403
, to nominate persons for
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national, state, school board, and county offices.
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(2) A municipal primary election shall be held, if necessary, on the Tuesday following
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the first Monday in October before the regular municipal election to nominate persons for
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municipal and special district offices.
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(3) The Western States Presidential Primary election shall be held throughout the state
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on the first [Friday after the first Monday] Tuesday in [March] February in the year in which a
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presidential election will be held.
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Section 2.
Section
20A-4-301
is amended to read:
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20A-4-301. Board of canvassers.
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(1) (a) Each county legislative body is the board of county canvassers for:
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(i) the county; and
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(ii) each special district whose election is conducted by the county.
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(b) (i) Except as provided in Subsection (1)(b)(ii), the board of county canvassers shall
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meet to canvass the returns at the usual place of meeting of the county legislative body, at a
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date and time determined by the county clerk that is no sooner than seven days after the
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election and no later than 14 days after the election.
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(ii) When canvassing returns for the Western States Presidential Primary, the board of
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county canvassers shall meet to canvass the returns at the usual place of meeting of the county
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legislative body, at noon on the [Thursday] Tuesday after the election.
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(c) If one or more of the county legislative body fails to attend the meeting of the board
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of county canvassers, the remaining members shall replace the absent member by appointing in
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the order named:
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(i) the county treasurer;
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(ii) the county assessor; or
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(iii) the county sheriff.
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(d) The board of county canvassers shall always consist of three acting members.
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(e) The county clerk is the clerk of the board of county canvassers.
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(2) (a) The mayor and the municipal legislative body are the board of municipal
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canvassers for the municipality.
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(b) The board of municipal canvassers shall meet to canvass the returns at the usual
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place of meeting of the municipal legislative body:
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(i) for canvassing of returns from a municipal general election, no sooner than seven
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days after the election and no later than 14 days after the election; or
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(ii) for canvassing of returns from a municipal primary election, no sooner than three
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days after the election and no later than seven days after the election.
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(3) (a) The legislative body of the entity authorizing a bond election is the board of
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canvassers for each bond election.
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(b) The board of canvassers for the bond election shall comply with the canvassing
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procedures and requirements of Section
11-14-207
.
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Section 3.
Section
20A-4-304
is amended to read:
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20A-4-304. Declaration of results -- Canvassers' report.
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(1) Each board of canvassers shall:
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(a) declare "elected" or "nominated" those persons who:
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(i) had the highest number of votes; and
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(ii) sought election or nomination to an office completely within the board's
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jurisdiction;
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(b) declare:
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(i) "approved" those ballot propositions that:
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(A) had more "yes" votes than "no" votes; and
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(B) were submitted only to the voters within the board's jurisdiction;
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(ii) "rejected" those ballot propositions that:
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(A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
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votes; and
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(B) were submitted only to the voters within the board's jurisdiction;
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(c) certify the vote totals for persons and for and against ballot propositions that were
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submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
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the lieutenant governor; and
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(d) if applicable, certify the results of each special district election to the special district
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clerk.
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(2) (a) As soon as the result is declared, the election officer shall prepare a report of the
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result, which shall contain:
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(i) the total number of votes cast in the board's jurisdiction;
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(ii) the names of each candidate whose name appeared on the ballot;
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(iii) the title of each ballot proposition that appeared on the ballot;
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(iv) each office that appeared on the ballot;
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(v) from each voting precinct:
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(A) the number of votes for each candidate; and
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(B) the number of votes for and against each ballot proposition;
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(vi) the total number of votes given in the board's jurisdiction to each candidate, and
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for and against each ballot proposition; and
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(vii) a statement certifying that the information contained in the report is accurate.
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(b) The election officer and the board of canvassers shall:
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(i) review the report to ensure that it is correct; and
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(ii) sign the report.
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(c) The election officer shall:
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(i) record or file the certified report in a book kept for that purpose;
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(ii) prepare and transmit a certificate of nomination or election under the officer's seal
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to each nominated or elected candidate;
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(iii) publish a copy of the certified report in a newspaper with general circulation in the
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board's jurisdiction and post it in a conspicuous place within the jurisdiction; and
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(iv) file a copy of the certified report with the lieutenant governor.
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(3) When there has been a regular general or a statewide special election for statewide
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officers, for officers that appear on the ballot in more than one county, or for a statewide or two
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or more county ballot proposition, each board of canvassers shall:
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(a) prepare a separate report detailing the number of votes for each candidate and the
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number of votes for and against each ballot proposition; and
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(b) transmit it by registered mail to the lieutenant governor.
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(4) In each county election, municipal election, school election, special district
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election, and local special election, the election officer shall transmit the reports to the
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lieutenant governor within 14 days of the canvass.
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(5) In regular primary elections and in the Western States Presidential Primary, the
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board shall transmit to the lieutenant governor:
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(a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
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governor:
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(i) not later than the second Tuesday after the primary election for the regular primary
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election; and
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(ii) not later than the [Friday after] Tuesday following the election for the Western
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States Presidential Primary; and
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(b) a complete tabulation showing voting totals for all primary races, precinct by
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precinct, to be mailed to the lieutenant governor on or before the third Friday following the
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primary election.
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Section 4.
Section
20A-4-306
is amended to read:
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20A-4-306. Statewide canvass.
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(1) (a) The state board of canvassers shall convene:
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(i) on the fourth Monday of November, at noon; or
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(ii) at noon on the day following the receipt by the lieutenant governor of the last of the
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returns of a statewide special election.
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(b) The state auditor, the state treasurer, and the attorney general are the state board of
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canvassers.
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(2) (a) The state board of canvassers shall:
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(i) meet in the lieutenant governor's office; and
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(ii) compute and determine the vote for officers and for and against any ballot
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propositions voted upon by the voters of the entire state or of two or more counties.
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(b) The lieutenant governor, as secretary of the board shall file a report in his office
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that details:
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(i) for each statewide officer and ballot proposition:
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(A) the name of the statewide office or ballot proposition that appeared on the ballot;
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(B) the candidates for each statewide office whose names appeared on the ballot, plus
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any recorded write-in candidates;
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(C) the number of votes from each county cast for each candidate and for and against
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each ballot proposition;
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(D) the total number of votes cast statewide for each candidate and for and against each
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ballot proposition; and
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(E) the total number of votes cast statewide; and
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(ii) for each officer or ballot proposition voted on in two or more counties:
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(A) the name of each of those offices and ballot propositions that appeared on the
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ballot;
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(B) the candidates for those offices, plus any recorded write-in candidates;
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(C) the number of votes from each county cast for each candidate and for and against
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each ballot proposition; and
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(D) the total number of votes cast for each candidate and for and against each ballot
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proposition.
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(c) The lieutenant governor shall:
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(i) prepare certificates of election for:
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(A) each successful candidate; and
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(B) each of the presidential electors of the candidate for president who received a
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majority of the votes;
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(ii) authenticate each certificate with his seal; and
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(iii) deliver a certificate of election to:
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(A) each candidate who had the highest number of votes for each office; and
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(B) each of the presidential electors of the candidate for president who received a
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majority of the votes.
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(3) If the lieutenant governor has not received election returns from all counties on the
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fifth day before the day designated for the meeting of the state board of canvassers, the
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lieutenant governor shall:
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(a) send a messenger to the clerk of the board of county canvassers of the delinquent
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county;
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(b) instruct the messenger to demand a certified copy of the board of canvasser's report
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required by Section
20A-4-304
from the clerk; and
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(c) pay the messenger the per diem provided by law as compensation.
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(4) The state board of canvassers may not withhold the declaration of the result or any
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certificate of election because of any defect or informality in the returns of any election if the
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board can determine from the returns, with reasonable certainty, what office is intended and
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who is elected to it.
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(5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant
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governor shall:
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(i) canvass the returns for all multicounty candidates required to file with the office of
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the lieutenant governor; and
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(ii) publish and file the results of the canvass in the lieutenant governor's office.
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(b) The lieutenant governor shall certify the results of the primary canvass to the
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county clerks not later than the August 1 after the primary election.
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(6) (a) At noon on the [third Thursday after] Tuesday that falls two weeks after the
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Western States Presidential Primary election, the lieutenant governor shall:
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(i) canvass the returns; and
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(ii) publish and file the results of the canvass in the lieutenant governor's office.
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(b) The lieutenant governor shall certify the results of the Western States Presidential
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Primary canvass to each registered political party that participated in the primary not later than
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the April 15 after the primary election, or the following business day if April 15 falls on a
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Saturday, Sunday, or a holiday.
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Section 5.
Section
20A-9-802
is amended to read:
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20A-9-802. Western States Presidential Primary established -- Other ballot issues
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prohibited.
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(1) (a) Contingent upon legislative appropriation, there is established a Western States
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Presidential Primary election to be held [the last Friday] on the first Tuesday in February in the
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year in which a presidential election will be held.
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(b) Except as otherwise specifically provided in this chapter, county clerks shall
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administer the Western States Presidential Primary according to the provisions of Title 20A,
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Election Code, including:
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(i) Title 20A, Chapter 1, General Provisions;
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(ii) Title 20A, Chapter 2, Voter Registration;
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(iii) Title 20A, Chapter 3, Voting;
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(iv) Title 20A, Chapter 4, Election Returns and Election Contests;
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(v) Title 20A, Chapter 5, Election Administration; and
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(vi) Title 20A, Chapter 6, Ballot Form.
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(c) (i) The county clerks shall ensure that the ballot voted by the voters at the Western
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States Presidential Primary contains only the names of candidates for President of the United
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States who have qualified as provided in this part.
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(ii) The county clerks may not present any other items to the voters to be voted upon at
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this election.
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(2) Registered political parties, and candidates for President of the United States who
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are affiliated with a registered political party, may participate in the Western States Presidential
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Primary established by this part.
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(3) As a condition for using the state's election system, each registered political party
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wishing to participate in Utah's Western States Presidential Primary shall:
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(a) declare their intent to participate in the Western States Presidential Primary;
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(b) identify one or more registered political parties whose members may vote for the
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registered political party's candidates and whether or not persons identified as unaffiliated with
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a political party may vote for the registered political party's candidates; and
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(c) certify that information to the lieutenant governor no later than 5 p.m. on the June
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30 of the year before the year in which the presidential primary will be held, or the following
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business day if June 30 falls on a Saturday, Sunday, or holiday.
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Section 6.
Section
20A-9-803
is amended to read:
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20A-9-803. Declaration of candidacy -- Filing fee -- Form.
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(1) (a) Candidates for President of the United States who are affiliated with a registered
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political party in Utah that has elected to participate in Utah's Western States Presidential
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Primary and who wish to participate in the primary shall:
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(i) except as provided in Subsection (1)(b), file a declaration of candidacy, in person or
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via a designated agent, with the lieutenant governor between July 1 of the year before the
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primary election will be held and 5 p.m. on January 15 of the year in which the primary
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election will be held;
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(ii) identify the registered political party whose nomination the candidate is seeking;
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(iii) provide a letter from the registered political party certifying that the candidate may
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participate as a candidate for that party in that party's presidential primary election; and
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(iv) pay the filing fee of $500.
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(b) If January 15 [is] falls on a Saturday [or], Sunday, or holiday, the filing time shall
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be extended until 5 p.m. on the following [Monday] business day.
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(2) The lieutenant governor shall develop a declaration of candidacy form for
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presidential candidates participating in the primary.
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Section 7.
Section
20A-9-804
is amended to read:
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20A-9-804. Satellite registration provisions not applicable -- Registration with
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county clerk.
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(1) Section
20A-2-203
and Section
20A-5-202
do not apply to the Western States
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Presidential Primary.
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(2) (a) For the Western States Presidential Primary election, each county clerk shall
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register to vote all persons who present themselves for registration at the county clerk's office
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during designated office hours through the [Friday] Tuesday before the [Friday] Tuesday of the
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Western States Presidential Primary if those persons, on voting day, will be legally qualified
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and entitled to vote in a voting precinct in the county.
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(b) The county clerk shall record the names of person registering to vote during that
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period in the official register and direct the election judges to allow those persons to vote in the
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Western States Presidential Primary election if they present themselves at the voting precinct
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on election day.
Legislative Review Note
as of 12-14-05 10:25 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.