Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                                  H.B. 294
Approved for Filing: T.R. Vaughn 6
          6 01-15-24 4:40 PM 6
                               ELECTION CODE AMENDMENTS
                                          2024 GENERAL SESSION
                                             STATE OF UTAH
                                Chief Sponsor: Raymond P. Ward
                                   Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
         This bill amends provisions of the Election Code to provide an open, top-two political
 primary system in the state.
 Highlighted Provisions:
         This bill:
         < defines terms;
         < provides that a regular primary election will be conducted as an open, top-two
 political primary, where:
             C   candidates compete against all other candidates for the same office, regardless
 of whether the candidates are affiliated with the same political party, affiliated
 with different political parties, or not affiliated with a party;
             C   all registered voters in the applicable jurisdiction may vote in the primary
 election for the candidates for each office, regardless of whether the candidates
 are affiliated with the same political party as the voter, a different political party
 than the voter, or no political party, and regardless of whether the voter is
 affiliated with a political party; and
             C   only the candidates, equal in number to twice the number of seats to be filled for
 a particular office, who receive the highest number of votes at a regular primary
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 election will advance to the regular general election for that office, regardless of
 whether the candidates are affiliated with the same political party, affiliated with
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 different political parties, or not affiliated with a party;
         < provides that, except for candidates for president or vice president of the United
 States, a candidate may not participate in a regular general election unless the
 candidate participates in the regular primary election for that office and advances to
 the regular general election for that office in the manner described above;
         < describes the process for determining the results of a regular primary election
 described in this bill;
         < addresses candidate and officeholder vacancies;
         < to clarify the difference between the three existing political party types, designates a
 name for each political party type based on the procedures used by the political
 party to qualify candidates for the regular primary election ballot, as follows:
             C   a signature-convention party, formerly called a qualified political party, where
 candidates may seek to qualify for the regular primary election ballot, as a
 candidate for the party, through convention, signature-gathering, or both;
             C   a signature-only party, formerly referred to as a type of registered political party
 that is not a qualified political party, where candidates may seek to qualify for
 the regular primary election ballot, as a candidate for the party, only through the
 signature-gathering process; and
             C   an alternate-path party, also formerly referred to as a type of registered political
 party that is not a qualified political party, where candidates may seek to qualify
 for the regular primary election ballot, as a candidate for the party, by any means
 designated by the party, but are listed on the ballot without any indication of
 party affiliation or party endorsement;
         < amends Election Code provisions in accordance with the open primary system and
 the designation of political party type;
         < permits a political party to decide whether voters who are affiliated with other
 political parties or who are unaffiliated may sign a petition to qualify an individual
 for placement on the primary election ballot as a candidate for the political party;
         < consolidates signature-gathering requirements for signature-convention parties and
 signature-only parties and modifies those requirements in accordance with the
 decision of the political party described in the preceding paragraph;
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          < consolidates certain other Election Code provisions in relation to political party
 types;
          < modifies forms and election deadlines; and
          < makes technical and conforming changes.
 Money Appropriated in this Bill:
          None
 Other Special Clauses:
          This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
          20A-1-102, as last amended by Laws of Utah 2023, Chapters 15, 234 and 297
          20A-1-201.5, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
          20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
          20A-1-304, as repealed and reenacted by Laws of Utah 2018, Chapter 187
          20A-1-501, as last amended by Laws of Utah 2023, Chapter 234
          20A-1-502, as last amended by Laws of Utah 2020, Chapter 13
          20A-1-502.5, as enacted by Laws of Utah 2020, Chapter 13
          20A-1-508, as last amended by Laws of Utah 2022, Chapters 13, 166 and 177
          20A-1-509.1, as last amended by Laws of Utah 2022, Chapter 13
          20A-1-1001, as enacted by Laws of Utah 2023, Chapter 116
          20A-2-107, as last amended by Laws of Utah 2023, Chapters 45, 89 and last amended
 by Coordination Clause, Laws of Utah 2023, Chapter 89
          20A-3a-203, as renumbered and amended by Laws of Utah 2020, Chapter 31
          20A-4-306, as last amended by Laws of Utah 2022, Chapter 18
          20A-5-101, as last amended by Laws of Utah 2023, Chapters 45, 56, 106, 297, and 435
          20A-5-102, as last amended by Laws of Utah 2022, Chapters 18, 170
          20A-6-203, as last amended by Laws of Utah 2020, Chapter 31
          20A-6-301, as last amended by Laws of Utah 2021, Chapter 136
          20A-6-302, as last amended by Laws of Utah 2020, Chapter 31
          20A-6-304, as last amended by Laws of Utah 2021, Chapter 136
          20A-8-103, as last amended by Laws of Utah 2023, Chapter 116
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        20A-8-401, as last amended by Laws of Utah 2019, Chapter 255
        20A-9-101, as last amended by Laws of Utah 2023, Chapters 15, 45
        20A-9-201, as last amended by Laws of Utah 2022, Chapters 13, 18
        20A-9-201.5, as last amended by Laws of Utah 2023, Chapter 45
        20A-9-202, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
        20A-9-401, as enacted by Laws of Utah 1994, Chapter 1
        20A-9-403, as last amended by Laws of Utah 2023, Chapter 116
        20A-9-405, as last amended by Laws of Utah 2022, Chapter 325
        20A-9-408, as last amended by Laws of Utah 2023, Chapter 116
        20A-9-409, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
        20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255 and 279
        20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
        20A-11-204, as last amended by Laws of Utah 2021, Chapter 20
        20A-21-101, as enacted by Laws of Utah 2022, Chapter 325
        63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
 ENACTS:
        20A-1-201.6, Utah Code Annotated 1953
        20A-1-201.7, Utah Code Annotated 1953
        20A-9-406.1, Utah Code Annotated 1953
        20A-9-406.2, Utah Code Annotated 1953
 REPEALS AND REENACTS:
        20A-1-503, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
        20A-9-406, as last amended by Laws of Utah 2022, Chapter 13
 REPEALS:
        20A-1-504, as last amended by Laws of Utah 2020, Chapter 352
        20A-9-407, as last amended by Laws of Utah 2022, Chapter 13
        20A-9-408.5, as last amended by Laws of Utah 2021, Chapter 183
        20A-9-411, as enacted by Laws of Utah 2015, Chapter 296
118
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-1-102 is amended to read:
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         20A-1-102. Definitions.
         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) "Affiliation status" means whether the candidate or voter is registered as affiliated
 with a political party or registered as unaffiliated.
         (3) "Alternate-path party" means a registered political party, described in Section
 20A-9-406.2, that does not comply with the requirements to be a signature-convention party or
 a signature-only party.
         [(2)] (4) "Automatic tabulating equipment" means apparatus that automatically
 examines and counts votes recorded on ballots and tabulates the results.
         [(3)] (5) (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)] (6) "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)] (7) "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)] (8) "Board of canvassers" means the entities established by Sections 20A-4-301
 and 20A-4-306 to canvass election returns.
         [(7)] (9) "Bond election" means an election held for the purpose of approving or
 rejecting the proposed issuance of bonds by a government entity.
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        [(8)] (10) "Business reply mail envelope" means an envelope that may be mailed free
 of charge by the sender.
        [(9)] (11) "Canvass" means the review of election returns and the official declaration of
 election results by the board of canvassers.
        [(10)] (12) "Canvassing judge" means a poll worker designated to assist in counting
 ballots at the canvass.
        [(11)] (13) "Contracting election officer" means an election officer who enters into a
 contract or interlocal agreement with a provider election officer.
        [(12)] (14) "Convention" means the political party convention at which party officers
 and delegates are selected.
        [(13)] (15) "Counting center" means one or more locations selected by the election
 officer in charge of the election for the automatic counting of ballots.
        [(14)] (16) "Counting judge" means a poll worker designated to count the ballots
 during election day.
        [(15)] (17) "Counting room" means a suitable and convenient private place or room for
 use by the poll workers and counting judges to count ballots.
        [(16)] (18) "County officers" means those county officers that are required by law to be
 elected.
        [(17)] (19) "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)] (20) "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)] 20A-1-206(3)(b)(ii); or
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        (c) a person who is considered to be elected to a special district office in accordance
 with Subsection [20A-1-206(3)(b)(ii)] 20A-1-206(5)(b)(ii).
        [(19)] (21) "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 special district election.
        [(20)] (22) "Election Assistance Commission" means the commission established by
 the Help America Vote Act of 2002, Pub. L. No. 107-252.
        [(21)] (23) "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)] (24) "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)] (25) "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 special district clerk or chief executive officer for:
        (i) a special 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:
        (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.
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           [(24)] (26) "Election official" means any election officer, election judge, or poll
 worker.
           [(25)] (27) "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)] (28) "Election returns" includes:
           (a) 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; and
           (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
 ballot.
           [(27)] (29) "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)] (30) "Inactive voter" means a registered voter who is listed as inactive by a
 county clerk under Subsection 20A-2-505(4)(c)(i) or (ii).
           [(29)] (31) "Judicial office" means the office filled by any judicial officer.
           [(30)] (32) "Judicial officer" means any justice or judge of a court of record or any
 county court judge.
           [(31)] (33) "Local election" means a regular county election, a regular municipal
 election, a municipal primary election, a local special election, a special district election, and a
 bond election.
           [(32)] (34) "Local political subdivision" means a county, a municipality, a special
 district, or a local school district.
           [(33)] (35) "Local special election" means a special election called by the governing
 body of a local politi