Bill Summary – FastDemocracy

Enrolled Copy                                                                              S.B. 19
                                       ELECTION REVISIONS
                                        2022 GENERAL SESSION
                                             STATE OF UTAH
                               Chief Sponsor: Daniel W. Thatcher
                                   House Sponsor: A. Cory Maloy
 6
 LONG TITLE
 General Description:
         This bill modifies provisions of the Election Code.
 Highlighted Provisions:
         This bill:
         < changes the dates of a special election in an odd-numbered year to coincide with the
 dates of municipal elections;
         < modifies requirements relating to the publishing and posting of sample ballots;
         < modifies the crime of destroying election documents or supplies to include altering
 documents;
         < provides for a voter's party affiliation to be changed to unaffiliated if the voter is
 affiliated with a party that is no longer a registered political party;
         < modifies the deadline for determining whether a municipality will conduct an
 election by ranked choice voting to coincide with the deadline for publishing a
 notice of election;
         < modifies a conflict of interest reporting requirement; and
         < makes technical changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
       S.B. 19                                                                          Enrolled Copy
        11-14-203, as last amended by Laws of Utah 2020, Chapter 31
        20A-1-102, as last amended by Laws of Utah 2020, Chapters 31, 49, 255, and 354
        20A-1-204, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
        20A-1-403, as last amended by Laws of Utah 2020, Chapter 31
        20A-1-604, as last amended by Laws of Utah 2020, Chapter 31
        20A-2-107, as last amended by Laws of Utah 2021, Chapter 430
        20A-4-602, as last amended by Laws of Utah 2021, Chapter 101
        20A-5-102, as last amended by Laws of Utah 2020, Chapter 31
        20A-5-405, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
        20A-5-605, as last amended by Laws of Utah 2020, Chapter 31
        20A-7-103, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
        20A-11-1604, as last amended by Laws of Utah 2021, Chapter 20
42
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 11-14-203 is amended to read:
        11-14-203. Time for election -- Equipment -- Election officials -- Combining
 precincts.
        (1) (a) The local political subdivision shall ensure that bond elections are conducted
 and administered according to the procedures set forth in this chapter and the sections of the
 Election Code specifically referenced by this chapter.
        (b) When a local political subdivision complies with those procedures, there is a
 presumption that the bond election was properly administered.
        (2) (a) A bond election may be held, and the proposition for the issuance of bonds may
 be submitted, on the same date as the regular general election, the municipal general election
 held in the local political subdivision calling the bond election, or at a special election called
 for the purpose on a date authorized by Section 20A-1-204.
        (b) A bond election may not be held, nor a proposition for issuance of bonds be
 submitted, at the presidential primary election held under Title 20A, Chapter 9, Part 8,
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 Presidential Primary Election.
         (3) (a) The bond election shall be conducted and administered by the election officer
 designated in Sections 20A-1-102 and 20A-5-400.5.
         (b) (i) The duties of the election officer shall be governed by Title 20A, Chapter 5, Part
 4, Election Officer's Duties.
         (ii) The publishing requirement under Subsection 20A-5-405(1)[(h)](f)(iii) does not
 apply when notice of a bond election has been provided according to the requirements of
 Section 11-14-202.
         (c) The hours during which the polls are to be open shall be consistent with Section
 20A-1-302.
         (d) The appointment and duties of election judges shall be governed by Title 20A,
 Chapter 5, Part 6, Poll Workers.
         (e) General voting procedures shall be conducted according to the requirements of Title
 20A, Chapter 3a, Voting.
         (f) The designation of election crimes and offenses, and the requirements for the
 prosecution and adjudication of those crimes and offenses are set forth in Title 20A, Election
 Code.
         (4) When a bond election is being held on a day when no other election is being held in
 the local political subdivision calling the bond election, voting precincts may be combined for
 purposes of bond elections so long as no voter is required to vote outside the county in which
 the voter resides.
         (5) When a bond election is being held on the same day as any other election held in a
 local political subdivision calling the bond election, or in some part of that local political
 subdivision, the polling places and election officials serving for the other election may also
 serve as the polling places and election officials for the bond election, so long as no voter is
 required to vote outside the county in which the voter resides.
         Section 2. Section 20A-1-102 is amended to read:
         20A-1-102. Definitions.
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        S.B. 19                                                                          Enrolled Copy
        As used in this title:
        (1) "Active voter" means a registered voter who has not been classified as an inactive
 voter by the county clerk.
        (2) "Automatic tabulating equipment" means apparatus that automatically examines
 and counts votes recorded on ballots and tabulates the results.
        (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
 storage medium, that records an individual voter's vote.
        (b) "Ballot" does not include a record to tally multiple votes.
        (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
 on the ballot for their approval or rejection including:
        (a) an opinion question specifically authorized by the Legislature;
        (b) a constitutional amendment;
        (c) an initiative;
        (d) a referendum;
        (e) a bond proposition;
        (f) a judicial retention question;
        (g) an incorporation of a city or town; or
        (h) any other ballot question specifically authorized by the Legislature.
        (5) "Bind," "binding," or "bound" means securing more than one piece of paper
 together using staples or another means in at least three places across the top of the paper in the
 blank space reserved for securing the paper.
        (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
 20A-4-306 to canvass election returns.
        (7) "Bond election" means an election held for the purpose of approving or rejecting
 the proposed issuance of bonds by a government entity.
        (8) "Business reply mail envelope" means an envelope that may be mailed free of
 charge by the sender.
        (9) "Canvass" means the review of election returns and the official declaration of
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        Enrolled Copy                                                                            S.B. 19
 election results by the board of canvassers.
        (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
 the canvass.
        (11) "Contracting election officer" means an election officer who enters into a contract
 or interlocal agreement with a provider election officer.
        (12) "Convention" means the political party convention at which party officers and
 delegates are selected.
        (13) "Counting center" means one or more locations selected by the election officer in
 charge of the election for the automatic counting of ballots.
        (14) "Counting judge" means a poll worker designated to count the ballots during
 election day.
        (15) "Counting room" means a suitable and convenient private place or room for use
 by the poll workers and counting judges to count ballots.
        (16) "County officers" means those county officers that are required by law to be
 elected.
        (17) "Date of the election" or "election day" or "day of the election":
        (a) means the day that is specified in the calendar year as the day that the election
 occurs; and
        (b) does not include:
        (i) deadlines established for voting by mail, military-overseas voting, or emergency
 voting; or
        (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
 Voting.
        (18) "Elected official" means:
        (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
 Municipal Alternate Voting Methods Pilot Project;
        (b) a person who is considered to be elected to a municipal office in accordance with
 Subsection 20A-1-206(1)(c)(ii); or
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        S.B. 19                                                                           Enrolled Copy
        (c) a person who is considered to be elected to a local district office in accordance with
 Subsection 20A-1-206(3)(c)(ii).
        (19) "Election" means a regular general election, a municipal general election, a
 statewide special election, a local special election, a regular primary election, a municipal
 primary election, and a local district election.
        (20) "Election Assistance Commission" means the commission established by the Help
 America Vote Act of 2002, Pub. L. No. 107-252.
        (21) "Election cycle" means the period beginning on the first day persons are eligible to
 file declarations of candidacy and ending when the canvass is completed.
        (22) "Election judge" means a poll worker that is assigned to:
        (a) preside over other poll workers at a polling place;
        (b) act as the presiding election judge; or
        (c) serve as a canvassing judge, counting judge, or receiving judge.
        (23) "Election officer" means:
        (a) the lieutenant governor, for all statewide ballots and elections;
        (b) the county clerk for:
        (i) a county ballot and election; and
        (ii) a ballot and election as a provider election officer as provided in Section
 20A-5-400.1 or 20A-5-400.5;
        (c) the municipal clerk for:
        (i) a municipal ballot and election; and
        (ii) a ballot and election as a provider election officer as provided in Section
 20A-5-400.1 or 20A-5-400.5;
        (d) the local district clerk or chief executive officer for:
        (i) a local district ballot and election; and
        (ii) a ballot and election as a provider election officer as provided in Section
 20A-5-400.1 or 20A-5-400.5; or
        (e) the business administrator or superintendent of a school district for:
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        Enrolled Copy                                                                                S.B. 19
         (i) a school district ballot and election; and
         (ii) a ballot and election as a provider election officer as provided in Section
 20A-5-400.1 or 20A-5-400.5.
         (24) "Election official" means any election officer, election judge, or poll worker.
         (25) "Election results" means:
         (a) for an election other than a bond election, the count of votes cast in the election and
 the election returns requested by the board of canvassers; or
         (b) for bond elections, the count of those votes cast for and against the bond
 proposition plus any or all of the election returns that the board of canvassers may request.
         (26) "Election returns" includes the pollbook, the military and overseas absentee voter
 registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
 ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
 the total votes cast form.
         (27) "Electronic signature" means an electronic sound, symbol, or process attached to
 or logically associated with a record and executed or adopted by a person with the intent to sign
 the record.
         (28) "Inactive voter" means a registered voter who is listed as inactive by a county
 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
         (29) "Judicial office" means the office filled by any judicial officer.
         (30) "Judicial officer" means any justice or judge of a court of record or any county
 court judge.
         (31) "Local district" means a local government entity under Title 17B, Limited Purpose
 Local Government Entities - Local Districts, and includes a special service district under Title
 17D, Chapter 1, Special Service District Act.
         (32) "Local district officers" means those local district board members that are required
 by law to be elected.
         (33) "Local election" means a regular county election, a regular municipal election, a
 municipal primary election, a local special election, a local district election, and a bond
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        S.B. 19                                                                         Enrolled Copy
 election.
         (34) "Local political subdivision" means a county, a municipality, a local district, or a
 local school district.
         (35) "Local special election" means a special election called by the governing body of a
 local political subdivision in which all registered voters of the local political subdivision may
 vote.
         (36) "Manual ballot" means a paper document produced by an election officer on
 which an individual records an individual's vote by directly placing a mark on the paper
 document using a pen or other marking instrument.
         (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
 mechanical record, that:
         (a) is created via electronic or mechanical means; and
         (b) records an individual voter's vote cast via a method other than an individual directly
 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
         (38) "Municipal executive" means:
         (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
         (b) the mayor in the council-manager form of government defined in Subsection
 10-3b-103(7); or
         (c) the chair of a metro township form of government defined in Section 10-3b-102.
         (39) "Municipal general election" means the election held in municipalities and, as
 applicable, local districts on the first Tuesday after the first Monday in November of each
 odd-numbered year for the purposes established in Section 20A-1-202.
         (40) "Municipal legislative body" means:
         (a) the council of the city or town in any form of municipal government; or
         (b) the council of a metro township.
         (41) "Municipal office" means an elective office in a municipality.
         (42) "Municipal officers" means those municipal officers that are required by law to be
 elected.
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        Enrolled Copy                                                                              S.B. 19
        (43) "Municipal primary election" means an election held to nominate candidates for
 municipal office.
        (44) "Municipality" means a city, town, or metro township.
        (45) "Official ballot" means the ballots distributed by the election officer for voters to
 record their votes.
        (46) "Official endorsement" means the information on the ballot that identifies:
        (a) the ballot as an official ballot;
        (b) the date of the election; and
        (c) (i) for a ballot prepared by an election officer other than a county clerk, the
 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
        (ii) for a ballot prepared by a county clerk, the words required by Subsection
 20A-6-301(1)(b)(iii).
        (47) "Official register" means the official record furnished to election officials by the
 election officer that contains the information required by Section 20A-5-401.
        (48) "Political party" means an organization of registered voters that has qualified to
 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
 and Procedures.
        (49) (a) "Poll worker" means a person assigned by an election official to assist with an
 election, voting, or counting votes.
        (b) "Poll worker" includes election judges.
        (c) "Poll worker" does not include a watcher.