Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 2001
                                    ELECTION AMENDMENTS
                                   2023 SECOND SPECIAL SESSION
                                            STATE OF UTAH
                              Chief Sponsor: Calvin R. Musselman
                                  Senate Sponsor: Scott D. Sandall
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 LONG TITLE
 General Description:
        This bill enacts provisions relating to a special congressional election, and the
 municipal elections, held in 2023.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < modifies municipal election provisions, for the 2023 municipal elections only,
 including:
              C   changing the dates of the municipal primary elections and municipal general
 elections;
              C   requiring that the counties conduct the municipal elections;
              C   changing the canvassing deadlines and other deadlines for the municipal
 elections; and
              C   addressing other provisions relating to administration of the municipal elections;
        < directs each county in the Second Congressional District of Utah to conduct a
 special congressional primary election on the same day as the 2023 municipal
 primary election and a special congressional general election on the same day as the
 2023 municipal general election;
        < directs the counties in the Second Congressional District of Utah on the procedures,
 requirements, and deadlines to be followed to:
              C   conduct the special congressional election; and
              C   conduct the 2023 municipal election concurrently with the special congressional
       H.B. 2001                                                                        Enrolled Copy
 election;
        < provides direction for the conduct of the congressional special election in relation to
 political party requirements;
        < modifies deadlines for changing party affiliation status in relation to the special
 congressional election;
        < for the special congressional primary election and the 2023 municipal primary
 election, permits the counting of ballots postmarked on or before the day of the
 election;
        < modifies deadlines for challenging a general special congressional election and the
 2023 municipal general election; and
        < repeals the codified provisions of this bill on May 1, 2024.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2024:
        < to the Governor's Office – Governor's Office – Lt. Governor's Office, as a one-time
 appropriation:
             C    from the General Fund, One-time, $2,500,000.
 Other Special Clauses:
        This bill provides revisor instructions.
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        63I-2-220, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
 ENACTS:
        20A-1-207, Utah Code Annotated 1953
        20A-1-208, Utah Code Annotated 1953
 Utah Code Sections Affected by Revisor Instructions:
        20A-1-208, Utah Code Annotated 1953
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       Enrolled Copy                                                                              H.B. 2001
 Be it enacted by the Legislature of the state of Utah:
           Section 1. Section 20A-1-207 is enacted to read:
           20A-1-207. Provisions relating to the 2023 municipal election.
           (1) As used in this section:
           (a) (i) "2023 municipal election" means, in relation to the entire state of Utah,
 including all political subdivisions of Utah:
           (A) the 2023 municipal primary election;
           (B) the 2023 municipal general election; and
           (C) all processes relating to the elections described in this Subsection (1)(a), regardless
 of whether the processes occur before, during, or after the day of the election.
           (ii) "2023 municipal election" includes elections held under Chapter 4, Part 6,
 Municipal Alternate Voting Methods Pilot Project.
           (b) (i) "Municipal election" means:
           (A) a municipal primary election;
           (B) a municipal general election; or
           (C) the processes relating to the elections described in this Subsection (1)(b),
 regardless of whether the processes occur before, during, or after the day of the election.
           (ii) "Municipal election" includes elections held under Chapter 4, Part 6, Municipal
 Alternate Voting Methods Pilot Project.
           (c) "Second-tier political subdivision" means a political subdivision other than a
 county.
           (2) This section relates to the 2023 municipal election only.
           (3) (a) In relation to the 2023 municipal election, to the extent that the provisions of
 this section conflict with any other provision of the Utah Code, the provisions of this section
 take precedence.
           (b) The counties, and not the second-tier political subdivisions, will conduct all
 municipal elections in Utah in 2023.
           (c) Except as provided in Subsection (4), any duties imposed by statute on, or powers
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        H.B. 2001                                                                        Enrolled Copy
 granted by statute to, a person described in Subsection 20A-1-102(23)(c) or (d) in relation to a
 municipal election are instead, for the 2023 municipal election, imposed on and granted to the
 applicable county election officer.
        (d) Except as provided in Subsection (4), any duties imposed by statute on, or powers
 granted by statute to, a second-tier political subdivision, the legislative body of a second-tier
 political subdivision, or the executive of a second-tier political subdivision in relation to a
 municipal election are instead, for the 2023 municipal election, imposed on and granted to the
 applicable county, county legislative body, or county executive.
        (e) For the 2023 municipal election, each municipality shall pay, to the county that
 conducts the election for the municipality, the costs incurred by the county to conduct the
 election.
        (4) (a) Subsections (3)(c) and (d) do not apply to the extent that the duties are expressly
 imposed on, or the powers are expressly granted to, another person under:
        (i) a provision of this section other than Subsection (3)(c) or (d); or
        (ii) Section 20A-1-208.
        (b) To the extent necessary, the lieutenant governor may direct that a duty or power
 described in Subsection (3)(c) or (d) remain with the person directed by statute, unless the duty
 is expressly imposed on, or the power is expressly granted to, another person under:
        (i) a provision of this section other than Subsection (3)(c) or (d); or
        (ii) Section 20A-1-208.
        (c) A second-tier political subdivision, the legislative body of a second-tier political
 subdivision, the executive of a second-tier political subdivision, or a person described in
 Subsection 20A-1-102(23)(c) or (d) shall cooperate with the applicable county, county election
 officer, county legislative body, or county executive on whom a duty is imposed, or to whom
 authority is granted, under this section to ensure the successful conduct the 2023 municipal
 election.
        (5) For the 2023 municipal election:
        (a) the mayor and the municipal legislative body remain the board of canvassers for the
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        Enrolled Copy                                                                            H.B. 2001
 municipal election, but not for the special congressional election, and maintain all duties and
 powers relating to the municipal election canvass;
        (b) the legislative body of an entity that authorizes a bond election remains the board of
 canvassers for the bond election, but not for the special congressional election, and maintains
 all duties and powers relating to the canvass for the bond election; and
        (c) the persons on whom duties are imposed, or to whom powers are granted, for a
 local initiative or referendum remain in possession of those duties and powers, except to the
 extent the lieutenant governor otherwise directs, if necessary, to provide for efficient conduct
 of the 2023 municipal election.
        (6) Notwithstanding Subsection 20A-1-102(23), for the 2023 municipal election, the
 election officer for a municipality is:
        (a) if the municipality is located entirely within a county, the county clerk; or
        (b) if the municipality is located in more than one county, the county clerk of the
 county designated by the lieutenant governor.
        (7) Notwithstanding Subsection 20A-1-201.5(2) or Section 20A-9-404, the 2023
 municipal primary election date is September 5, 2023.
        (8) Notwithstanding Subsection 20A-1-202(1), the 2023 municipal general election
 date is November 21, 2023.
        (9) Notwithstanding Subsection 20A-3a-603(1)(c), the 2023 municipal election is not
 exempt from the requirement that at least 10% of the voting devices at a polling place be
 accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
 America Vote Act of 2002.
        (10) Subsection 20A-3a-601(3)(b) does not apply to the 2023 municipal election.
        (11) Section 20A-3a-605 does not apply to the 2023 municipal election.
        (12) Notwithstanding Subsection 11-14-207(1)(c), 20A-4-301(1)(b) or (2), or
 20A-4-304(8), the canvassing deadlines for the 2023 municipal election are:
        (a) September 19, 2023, for the 2023 municipal primary election; and
        (b) December 6, 2023, for the 2023 municipal general election.
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        H.B. 2001                                                                      Enrolled Copy
        (13) In conducting the 2023 municipal primary election, the county shall, in relation to
 a participating municipality, as defined in Section 20A-4-601, comply with the applicable
 provisions of Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
        Section 2. Section 20A-1-208 is enacted to read:
        20A-1-208. Provisions relating to the 2023 special congressional election and the
 2023 municipal election.
        (1) As used in this section:
        (a) "2023 municipal election" means the same as that term is defined in Subsection
 20A-1-207(1).
        (b) "Election proclamation" means the Writ of Election, Proclamation, and Notice of
 Election 2023-1P, as issued by the governor on June 7, 2023.
        (c) "Municipal election" means the same as that term is defined in Subsection
 20A-1-207(1).
        (d) "Second-tier political subdivision" means the same as that term is defined in
 Subsection 20A-1-207(1).
        (e) (i) "Special congressional election" means the special congressional election called
 via the election proclamation.
        (ii) "Special congressional election" includes:
        (A) the special congressional primary election;
        (B) the special congressional general election; and
        (C) the processes relating to the elections described in Subsection (1)(e)(ii)(A) or (B),
 regardless of whether the processes occur before, during, or after the day of the election.
        (f) "Special congressional election county" means a county located, in whole or in part,
 within the Second Congressional District of Utah.
        (g) (i) "Special congressional general election" means the general election for the
 special congressional election, scheduled by the election proclamation for November 21, 2023.
        (ii) "Special congressional general election" includes the processes relating to the
 election described in Subsection (1)(g)(i), regardless of whether the processes occur before,
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        Enrolled Copy                                                                          H.B. 2001
 during, or after the day of the election.
         (h) (i) "Special congressional primary election" means the primary election for the
 special congressional election, scheduled by the election proclamation for September 5, 2023.
         (ii) "Special congressional primary election" includes the processes relating to the
 election described in Subsection (1)(h)(i), regardless of whether the processes occur before,
 during, or after the day of the election.
         (2) This section relates only to the special congressional election and the 2023
 municipal election.
         (3) (a) Each county is directed to conduct the 2023 municipal election in accordance
 with Section 20A-1-207 and the applicable requirements of this section.
         (b) A special congressional election county is directed to conduct the special
 congressional election in accordance with this section, Section 20A-1-502.5, and the election
 proclamation.
         (4) In relation to the special congressional election, the provisions of the election
 proclamation prevail over any conflicting statutory provision except the provisions of this
 section, Section 20A-1-207, and Section 20A-1-502.5.
         (5) (a) Each county shall conduct the 2023 municipal elections for each municipality
 for which the county clerk is the election officer under Subsection 20A-1-207(6), except to the
 extent that an election is canceled for the municipality in accordance with Section 20A-1-206.
         (b) A special congressional election county shall, regardless of whether the county is
 required to conduct a municipal election under Subsection (3)(a), conduct the special
 congressional election, in accordance with this section.
         (c) Each county shall comply with Section 20A-5-401 for the 2023 municipal primary
 election and the 2023 municipal general election.
         (d) A special congressional election county shall comply with Section 20A-5-401 for
 the special congressional primary election and the special congressional general election.
         (e) In relation to the appointment of poll workers:
         (i) a special congressional election county shall comply with the provisions of Section
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        H.B. 2001                                                                           Enrolled Copy
 20A-5-601 for the 2023 municipal election and the special congressional election; and
         (ii) a county that is not a special congressional election county shall comply with the
 provisions of Section 20A-5-602 for the 2023 municipal election.
         (f) (i) For a special congressional election county, if a ballot for a primary election
 includes items for both the special congressional primary election and the primary election for
 the 2023 municipal election, the special congressional election county shall, to the extent
 possible, comply with the ballot form requirements for both regular primary elections and
 municipal primary elections.
         (ii) For a special congressional election county, if a ballot for a general election
 includes items for both the special congressional general election and the general election for
 the 2023 municipal election, the special congressional election county shall, to the extent
 possible, comply with the ballot form requirements for both regular general elections and
 municipal general elections.
         (iii) The lieutenant governor may approve ballot form changes in relation to ballots
 described in Subsection (5)(f)(i) or (ii) only to the extent necessary.
         (6) For purposes of the special congressional election:
         (a) a registered political party is a qualified political party if the registered political
 party certified as a qualified political party for the 2022 election cycle;
         (b) for a registered political party that participates in the special congressional election:
         (i) the registered political party shall, within seven days after the day of the effective
 date of this bill, file a statement with the lieutenant governor that identifies one or more
 registered political parties whose members may vote for the registered political party's
 candidates in the special congressional primary election and states whether individuals
 identified as unaffiliated with a political party may vote for the registered political party's
 candidates; or
         (ii) if the registered political party fails to timely file the statement described in
 Subsection (6)(b)(i), the selection last made by the registered political party under Subsection
 20A-9-403(2)(a)(ii) will apply for the special congressional primary election; and
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        Enrolled Copy                                                                            H.B. 2001
            (c) a registered political party that holds a convention for placing a candidate on the
 special congressional primary election ballot shall notify the lieutenant governor of the date,
 time, and location of the convention at least seven days before the day on which the convention
 is held.
            (7) The definition of election in Subsection 20A-1-102(19) includes the special
 congressiona