Enrolled Copy S.B. 37
1 ELECTION LAW REVISIONS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore House Sponsor: Brady Brammer
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions in the Election Code and related provisions.
6 Highlighted Provisions:
7 This bill:
8 ▸ permits the board of a special district to submit an application to the lieutenant governor
9 requesting permission to hold elections for membership on the board at a municipal general
10 election instead of a regular general election, or vice versa;
11 ▸ to compensate for a change in the election year, permits the lieutenant governor to
12 shorten the term of office of a special district board member by one year if:
13 ● shortening the board member's term of office is necessary to have approximately half
14 of the board members' terms expire every two years; and
15 ● the board members unanimously support the application to change the election for
16 the board;
17 ▸ directs the lieutenant governor to make an electronic compilation of the Election Code
18 and transmit the compilation to each county clerk;
19 ▸ provides that, in conducting a ballot reconciliation, an election officer must ensure that
20 the sum of the number of ballots tabulated and the number of uncounted verified ballots equals
21 the number of voters given credit for voting;
22 ▸ clarifies that the board of trustees or the administrative control board of a special district
23 is the board of canvassers for a special district election;
24 ▸ specifies that a ballot for a municipal primary election must instruct a voter to mark the
25 space adjacent to the name of the candidate for whom the voter votes;
26 ▸ modifies provisions relating to a ballot title for, and analysis of, a proposed
27 constitutional amendment or another question submitted to the voters by the Legislature;
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28 ▸ requires the sponsors of a statewide initiative to submit certain information to the
29 lieutenant governor on the day on which the sponsors submit the last initiative packet to the
30 county clerk;
31 ▸ requires a filing officer to inform an individual who files a declaration of candidacy that
32 the individual must provide an actively-monitored email address for certain election-related
33 communications;
34 ▸ provides that the email address described above is not a record for purposes of the
35 Government Records Access and Management Act;
36 ▸ requires an election officer to, based on when a candidate withdraws, email notice of the
37 withdrawal to voters;
38 ▸ permits a government agency to release an at-risk government employee's voter
39 registration record, subject to the same requirements imposed on a county clerk for releasing
40 the voter registration record of a protected individual; and
41 ▸ makes technical and conforming changes.
42 Money Appropriated in this Bill:
43 None
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 AMENDS:
48 17B-1-303, as last amended by Laws of Utah 2023, Chapter 15
49 17B-1-306, as last amended by Laws of Utah 2023, Chapters 15, 435
50 20A-1-305, as enacted by Laws of Utah 1993, Chapter 1
51 20A-4-109, as enacted by Laws of Utah 2023, Chapter 297
52 20A-4-301, as last amended by Laws of Utah 2023, Chapter 15
53 20A-6-401, as last amended by Laws of Utah 2023, Chapter 45
54 20A-7-101, as last amended by Laws of Utah 2023, Chapters 107, 116
55 20A-7-103, as last amended by Laws of Utah 2023, Chapter 435
56 20A-7-105, as enacted by Laws of Utah 2023, Chapter 116
57 20A-7-702, as last amended by Laws of Utah 2023, Chapter 107
58 20A-7-703, as last amended by Laws of Utah 2020, Chapter 277
59 20A-9-201, as last amended by Laws of Utah 2022, Chapters 13, 18
60 20A-9-203, as last amended by Laws of Utah 2023, Chapters 116, 435
61 20A-9-207, as enacted by Laws of Utah 2023, Chapter 45
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62 20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255 and 279
63 63G-2-103, as last amended by Laws of Utah 2023, Chapters 16, 173, 231, and 516
64 63G-2-303, as last amended by Laws of Utah 2019, Chapter 402
65 ENACTS:
66 20A-7-703.1, as Utah Code Annotated 1953
67
68 Be it enacted by the Legislature of the state of Utah:
69 Section 1. Section 17B-1-303 is amended to read:
70 17B-1-303 . Term of board of trustees members -- Oath of office -- Bond -- Notice
71 of board member contact information.
72 (1) (a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each
73 member of a board of trustees begins at noon on the January 1 following the
74 member's election or appointment.
75 (b) The term of each member of the initial board of trustees of a newly created special
76 district begins:
77 (i) upon appointment, for an appointed member; and
78 (ii) upon the member taking the oath of office after the canvass of the election at
79 which the member is elected, for an elected member.
80 (c) The term of each water conservancy district board member whom the governor
81 appoints in accordance with Subsection 17B-2a-1005(2)(c):
82 (i) begins on the later of the following:
83 (A) the date on which the Senate consents to the appointment; or
84 (B) the expiration date of the prior term; and
85 (ii) ends on the February 1 that is approximately four years after the date described in
86 Subsection (1)(c)(i)(A) or (B).
87 (d) The term of a member of a board of trustees whom an appointing authority appoints
88 in accordance with Subsection (5)(b) begins upon the member taking the oath of
89 office.
90 (e) If the member of the board of trustees fails to assume or qualify for office on January
91 1 for any reason, the term begins on the date the member assumes or qualifies for
92 office.
93 (2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
94 and (iii), the term of each member of a board of trustees is four years, except that
95 approximately half the members of the initial board of trustees, chosen by lot,
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96 shall serve a two-year term so that the term of approximately half the board
97 members expires every two years.
98 (ii) If the terms of members of the initial board of trustees of a newly created special
99 district do not begin on January 1 because of application of Subsection (1)(b), the
100 terms of those members shall be adjusted as necessary, subject to Subsection
101 (2)(a)(iii), to result in the terms of their successors complying with:
102 (A) the requirement under Subsection (1)(a) for a term to begin on January 1
103 following a member's election or appointment; and
104 (B) the requirement under Subsection (2)(a)(i) that terms be four years.
105 (iii) If the term of a member of a board of trustees does not begin on January 1
106 because of the application of Subsection (1)(e), the term is shortened as necessary
107 to result in the term complying with the requirement under Subsection (1)(a) that
108 the successor member's term, regardless of whether the incumbent is the
109 successor, begins at noon on January 1 following the successor member's election
110 or appointment.
111 (iv) An adjustment under Subsection (2)(a)(ii) may not add more than a year to or
112 subtract more than a year from a member's term.
113 (b) Each board of trustees member shall serve until a successor is duly elected or
114 appointed and qualified, unless the member earlier is removed from office or resigns
115 or otherwise leaves office.
116 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
117 17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or
118 appointed successor:
119 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
120 (ii) the member may continue to serve until a successor is duly elected or appointed
121 and qualified.
122 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees shall
123 take the oath of office specified in Utah Constitution, Article IV,
124 Section 10.
125 (ii) A judge, county clerk, notary public, or the special district clerk may administer
126 an oath of office.
127 (b) The member of the board of trustees taking the oath of office shall file the oath of
128 office with the clerk of the special district.
129 (c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
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130 does not invalidate any official act of that member.
131 (4) A board of trustees member may serve any number of terms.
132 (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
133 trustees position is filled in accordance with Section 20A-1-512.
134 (b) When the number of members of a board of trustees increases in accordance with
135 Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a
136 new board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
137 (6) (a) As used in this Subsection (6):
138 (i) "Appointed official" means a person who:
139 (A) is appointed as a member of a special district board of trustees by a county or
140 municipality that is entitled to appoint a member to the board; and
141 (B) holds an elected position with the appointing county or municipality.
142 (ii) "Appointing entity" means the county or municipality that appointed the
143 appointed official to the board of trustees.
144 (b) The board of trustees shall declare a midterm vacancy for the board position held by
145 an appointed official if:
146 (i) during the appointed official's term on the board of trustees, the appointed official
147 ceases to hold the elected position with the appointing entity; and
148 (ii) the appointing entity submits a written request to the board to declare the vacancy.
149 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
150 appointing entity shall appoint another person to fill the remaining unexpired term on
151 the board of trustees.
152 (7) (a) A member of a board of trustees shall obtain a fidelity bond or obtain theft or
153 crime insurance for the faithful performance of the member's duties, in the amount
154 and with the sureties or with an insurance company that the board of trustees
155 prescribes.
156 (b) The special district:
157 (i) may assist the board of trustees in obtaining a fidelity bond or obtaining theft or
158 crime insurance as a group or for members individually; and
159 (ii) shall pay the cost of each fidelity bond or insurance coverage required under this
160 Subsection (7).
161 (8) (a) [The lieutenant governor may extend the term of an elected district board member
162 by one year in] In order to compensate for a change in the election year under
163 Subsection 17B-1-306(14)[.] , the lieutenant governor may:
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164 (i) extend the term of an elected district board member by one year; or
165 (ii) subject to Subsection 17B-1-306(14)(b)(iii), and in accordance with Subsection
166 (2)(a), shorten the term of an elected district board member by one year, if
167 necessary, to ensure that the term of approximately half of the board members
168 expires every two years.
169 (b) When the number of members of a board of trustees increases in accordance with
170 Subsection 17B-1-302(6), to ensure that the term of approximately half of the board
171 members expires every two years in accordance with Subsection (2)(a):
172 (i) the board shall set shorter terms for approximately half of the new board members,
173 chosen by lot; and
174 (ii) the initial term of a new board member position may be less than two or four
175 years.
176 (9) (a) A special district shall:
177 (i) post on the Utah Public Notice Website created in Section 63A-16-601 the name,
178 phone number, and email address of each member of the special district's board of
179 trustees;
180 (ii) update the information described in Subsection (9)(a)(i) when:
181 (A) the membership of the board of trustees changes; or
182 (B) a member of the board of trustees' phone number or email address changes;
183 and
184 (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the date
185 on which the change requiring the update occurs.
186 (b) This Subsection (9) applies regardless of whether the county or municipal legislative
187 body also serves as the board of trustees of the special district.
188 Section 2. Section 17B-1-306 is amended to read:
189 17B-1-306 . Special district board -- Election procedures -- Notice.
190 (1) Except as provided in Subsection (12), each elected board member shall be selected as
191 provided in this section.
192 (2) (a) Each election of a special district board member shall be held:
193 (i) at the same time as the municipal general election or the regular general election,
194 as applicable; and
195 (ii) at polling places designated by the special district board in consultation with the
196 county clerk for each county in which the special district is located, which polling
197 places shall coincide with municipal general election or regular general election
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198 polling places, as applicable, whenever feasible.
199 (b) The special district board, in consultation with the county clerk, may consolidate two
200 or more polling places to enable voters from more than one district to vote at one
201 consolidated polling place.
202 (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
203 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall
204 be one polling place per division of the district, designated by the district board.
205 (ii) Each polling place designated by an irrigation district board under Subsection
206 (2)(c)(i) shall coincide with a polling place designated by the county clerk under
207 Subsection (2)(a)(ii).
208 (3) The clerk of each special district with a board member position to be filled at the next
209 municipal general election or regular general election, as applicable, shall provide notice
210 of:
211 (a) each elective position of the special district to be filled at the next municipal general
212 election or regular general election, as applicable;
213 (b) the constitutional and statutory qualifications for each position; and
214 (c) the dates and times for filing a declaration of candidacy.
215 (4) The clerk of the special district shall publish the notice described in Subsection (3) for
216 the special district, as a class A notice under Section 63G-30-102, for at least 10 days
217 before the first day for filing a declaration of candidacy.
218 (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
219 special district board position, an individual shall file a declaration of candidacy in
220 person with an official designated by the special district within the candidate filing
221 period for the applicable election year in which the election for the special district
222 board is held and:
223 (i) during the special district's standard office hours, if the standard office hours
224 provide at least three consecutive office hours each day during the candidate filing
225 period that is not a holiday or weekend; or
226 (ii) if the standard office ho