LEGISLATIVE GENERAL COUNSEL H.B. 290
6 Approved for Filing: M. Cipriano 6
6 01-15-24 4:07 PM 6
1 RANKED CHOICE VOTING AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Katy Hall
5 Senate Sponsor: Ann Millner
6
7 LONG TITLE
8 General Description:
9 This bill changes the repeal date of the Municipal Alternate Voting Methods Pilot
10 Project.
11 Highlighted Provisions:
12 This bill:
13 < modifies the repeal date of the Municipal Alternate Voting Methods Pilot Project
14 from January 1, 2026, to May 1, 2024; and
15 < makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-1-102, as last amended by Laws of Utah 2023, Chapters 15, 234 and 297
23 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
24 20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
25 20A-3a-204, as last amended by Laws of Utah 2022, Chapter 156
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26 20A-4-101, as last amended by Laws of Utah 2022, Chapter 342
27 20A-4-102, as last amended by Laws of Utah 2023, Chapters 156, 297
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28 20A-4-105, as last amended by Laws of Utah 2022, Chapter 380
29 20A-4-106, as last amended by Laws of Utah 2023, Chapters 156, 297
30 20A-4-304, as last amended by Laws of Utah 2023, Chapters 15, 297 and 435
31 20A-4-401, as last amended by Laws of Utah 2023, Chapter 15
32 20A-5-400.1, as last amended by Laws of Utah 2021, Chapter 101
33 20A-5-802, as last amended by Laws of Utah 2019, Chapter 305
34 20A-6-402, as last amended by Laws of Utah 2020, Chapter 31
35 20A-9-203, as last amended by Laws of Utah 2023, Chapters 116, 435
36 20A-9-404, as last amended by Laws of Utah 2023, Chapter 116
37 63I-2-220, as last amended by Laws of Utah 2023, Second Special Session, Chapter 1
38 REPEALS:
39 20A-4-601, as last amended by Laws of Utah 2022, Chapter 342
40 20A-4-602, as last amended by Laws of Utah 2022, Chapter 170
41 20A-4-603, as last amended by Laws of Utah 2022, Chapter 342
42 20A-4-604, as last amended by Laws of Utah 2022, Chapter 342
43 20A-6-203.5, as enacted by Laws of Utah 2018, Chapter 187
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 20A-1-102 is amended to read:
47 20A-1-102. Definitions.
48 As used in this title:
49 (1) "Active voter" means a registered voter who has not been classified as an inactive
50 voter by the county clerk.
51 (2) "Automatic tabulating equipment" means apparatus that automatically examines
52 and counts votes recorded on ballots and tabulates the results.
53 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
54 storage medium, that records an individual voter's vote.
55 (b) "Ballot" does not include a record to tally multiple votes.
56 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
57 on the ballot for their approval or rejection including:
58 (a) an opinion question specifically authorized by the Legislature;
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59 (b) a constitutional amendment;
60 (c) an initiative;
61 (d) a referendum;
62 (e) a bond proposition;
63 (f) a judicial retention question;
64 (g) an incorporation of a city or town; or
65 (h) any other ballot question specifically authorized by the Legislature.
66 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
67 together using staples or another means in at least three places across the top of the paper in the
68 blank space reserved for securing the paper.
69 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
70 20A-4-306 to canvass election returns.
71 (7) "Bond election" means an election held for the purpose of approving or rejecting
72 the proposed issuance of bonds by a government entity.
73 (8) "Business reply mail envelope" means an envelope that may be mailed free of
74 charge by the sender.
75 (9) "Canvass" means the review of election returns and the official declaration of
76 election results by the board of canvassers.
77 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
78 the canvass.
79 (11) "Contracting election officer" means an election officer who enters into a contract
80 or interlocal agreement with a provider election officer.
81 (12) "Convention" means the political party convention at which party officers and
82 delegates are selected.
83 (13) "Counting center" means one or more locations selected by the election officer in
84 charge of the election for the automatic counting of ballots.
85 (14) "Counting judge" means a poll worker designated to count the ballots during
86 election day.
87 (15) "Counting room" means a suitable and convenient private place or room for use
88 by the poll workers and counting judges to count ballots.
89 (16) "County officers" means those county officers that are required by law to be
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90 elected.
91 (17) "Date of the election" or "election day" or "day of the election":
92 (a) means the day that is specified in the calendar year as the day that the election
93 occurs; and
94 (b) does not include:
95 (i) deadlines established for voting by mail, military-overseas voting, or emergency
96 voting; or
97 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
98 Voting.
99 (18) "Elected official" means:
100 (a) a person elected to an office under Section 20A-1-303 [or Chapter 4, Part 6,
101 Municipal Alternate Voting Methods Pilot Project];
102 (b) a person who is considered to be elected to a municipal office in accordance with
103 Subsection 20A-1-206(1)(c)(ii); or
104 (c) a person who is considered to be elected to a special district office in accordance
105 with Subsection 20A-1-206(3)(b)(ii).
106 (19) "Election" means a regular general election, a municipal general election, a
107 statewide special election, a local special election, a regular primary election, a municipal
108 primary election, and a special district election.
109 (20) "Election Assistance Commission" means the commission established by the Help
110 America Vote Act of 2002, Pub. L. No. 107-252.
111 (21) "Election cycle" means the period beginning on the first day persons are eligible to
112 file declarations of candidacy and ending when the canvass is completed.
113 (22) "Election judge" means a poll worker that is assigned to:
114 (a) preside over other poll workers at a polling place;
115 (b) act as the presiding election judge; or
116 (c) serve as a canvassing judge, counting judge, or receiving judge.
117 (23) "Election officer" means:
118 (a) the lieutenant governor, for all statewide ballots and elections;
119 (b) the county clerk for:
120 (i) a county ballot and election; and
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121 (ii) a ballot and election as a provider election officer as provided in Section
122 20A-5-400.1 or 20A-5-400.5;
123 (c) the municipal clerk for:
124 (i) a municipal ballot and election; and
125 (ii) a ballot and election as a provider election officer as provided in Section
126 20A-5-400.1 or 20A-5-400.5;
127 (d) the special district clerk or chief executive officer for:
128 (i) a special district ballot and election; and
129 (ii) a ballot and election as a provider election officer as provided in Section
130 20A-5-400.1 or 20A-5-400.5; or
131 (e) the business administrator or superintendent of a school district for:
132 (i) a school district ballot and election; and
133 (ii) a ballot and election as a provider election officer as provided in Section
134 20A-5-400.1 or 20A-5-400.5.
135 (24) "Election official" means any election officer, election judge, or poll worker.
136 (25) "Election results" means:
137 (a) for an election other than a bond election, the count of votes cast in the election and
138 the election returns requested by the board of canvassers; or
139 (b) for bond elections, the count of those votes cast for and against the bond
140 proposition plus any or all of the election returns that the board of canvassers may request.
141 (26) "Election returns" includes:
142 (a) the pollbook, the military and overseas absentee voter registration and voting
143 certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
144 ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
145 cast form; and
146 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
147 ballot.
148 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
149 or logically associated with a record and executed or adopted by a person with the intent to sign
150 the record.
151 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
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152 clerk under Subsection 20A-2-505(4)(c)(i) or (ii).
153 (29) "Judicial office" means the office filled by any judicial officer.
154 (30) "Judicial officer" means any justice or judge of a court of record or any county
155 court judge.
156 (31) "Local election" means a regular county election, a regular municipal election, a
157 municipal primary election, a local special election, a special district election, and a bond
158 election.
159 (32) "Local political subdivision" means a county, a municipality, a special district, or
160 a local school district.
161 (33) "Local special election" means a special election called by the governing body of a
162 local political subdivision in which all registered voters of the local political subdivision may
163 vote.
164 (34) "Manual ballot" means a paper document produced by an election officer on
165 which an individual records an individual's vote by directly placing a mark on the paper
166 document using a pen or other marking instrument.
167 (35) "Mechanical ballot" means a record, including a paper record, electronic record, or
168 mechanical record, that:
169 (a) is created via electronic or mechanical means; and
170 (b) records an individual voter's vote cast via a method other than an individual directly
171 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
172 (36) "Municipal executive" means:
173 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
174 (b) the mayor in the council-manager form of government defined in Subsection
175 10-3b-103(7); or
176 (c) the mayor of a metro township form of government defined in Section 10-3b-102.
177 (37) "Municipal general election" means the election held in municipalities and, as
178 applicable, special districts on the first Tuesday after the first Monday in November of each
179 odd-numbered year for the purposes established in Section 20A-1-202.
180 (38) "Municipal legislative body" means:
181 (a) the council of the city or town in any form of municipal government; or
182 (b) the council of a metro township.
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183 (39) "Municipal office" means an elective office in a municipality.
184 (40) "Municipal officers" means those municipal officers that are required by law to be
185 elected.
186 (41) "Municipal primary election" means an election held to nominate candidates for
187 municipal office.
188 (42) "Municipality" means a city, town, or metro township.
189 (43) "Official ballot" means the ballots distributed by the election officer for voters to
190 record their votes.
191 (44) "Official endorsement" means the information on the ballot that identifies:
192 (a) the ballot as an official ballot;
193 (b) the date of the election; and
194 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
195 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
196 (ii) for a ballot prepared by a county clerk, the words required by Subsection
197 20A-6-301(1)(b)(iii).
198 (45) "Official register" means the official record furnished to election officials by the
199 election officer that contains the information required by Section 20A-5-401.
200 (46) "Political party" means an organization of registered voters that has qualified to
201 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
202 and Procedures.
203 (47) (a) "Poll worker" means a person assigned by an election official to assist with an
204 election, voting, or counting votes.
205 (b) "Poll worker" includes election judges.
206 (c) "Poll worker" does not include a watcher.
207 (48) "Pollbook" means a record of the names of voters in the order that they appear to
208 cast votes.
209 (49) "Polling place" means a building where voting is conducted.
210 (50) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
211 in which the voter marks the voter's choice.
212 (51) "Presidential Primary Election" means the election established in Chapter 9, Part
213 8, Presidential Primary Election.
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214 (52) "Primary convention" means the political party conventions held during the year
215 of the regular general election.
216 (53) "Protective counter" means a separate counter, which cannot be reset, that:
217 (a) is built into a voting machine; and
218 (b) records the total number of movements of the operating lever.
219 (54) "Provider election officer" means an election officer who enters into a contract or
220 interlocal agreement with a contracting election officer to conduct an election for the
221 contracting election officer's local political subdivision in accordance with Section
222 20A-5-400.1.
223 (55) "Provisional ballot" means a ballot voted provisionally by a person:
224 (a) whose name is not listed on the official register at the polling place;
225 (b) whose legal right to vote is challenged as provided in this title; or
226 (c) whose identity was not sufficiently established by a poll worker.
227 (56) "Provisional ballot envelope" means an envelope printed in the form required by
228 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
229 verify a person's legal right to vote.
230 (57) (a) "Public figure" means an individual who, due to the individual being
231 considered for, holding, or having held a position of prominence in a public or private capacity,
232 or due to the individual's celebrity status, has an increased risk to the individual's safety.
233 (b) "Public figure" does not include an individual:
234 (i) elected to public office; or
235 (ii) appointed to fill a vacancy in an elected public office.
236 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
237 duties of the position for which the individual was elected.
238 (59) "Receiving judge" means the poll worker that checks the voter's name in the
239 official register at a polling place and provides the voter with a ballot.
240 (60) "Registration form" means a form by which an individual may register to vote
241 under this title.
242 (61) "Regular ballot" means a ballot that is not a provisional ballot.
243 (62) "Regular general election" means the election held throughout the state on the first
244 Tuesday after the first Monday in November of each even-numbered year for the purposes
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245 established in Section 20A-1-201.
246 (63) "Regular primary election"