Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 206
                           JUDICIAL ELECTION AMENDMENTS
                                      2020 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Daniel McCay
                              House Sponsor: Timothy D. Hawkes
 6
 LONG TITLE
 General Description:
        This bill provides information requirements related to a judicial retention election.
 Highlighted Provisions:
        This bill:
        < requires the Judicial Retention Evaluation Commission's website address to be
 included on:
            C   a general election ballot; and
            C   the electronic voter information website; and
        < requires other information related to the Judicial Retention Evaluation Commission
 be included on the electronic voter information website.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        20A-7-801, as last amended by Laws of Utah 2019, Chapter 255
        20A-12-201, as last amended by Laws of Utah 2017, Chapter 81
26
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-7-801 is amended to read:
        20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
       S.B. 206                                                                        Enrolled Copy
 the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
 Frequently asked voter questions -- Other elections.
        (1) There is established the Statewide Electronic Voter Information Website Program
 administered by the lieutenant governor in cooperation with the county clerks for general
 elections and municipal authorities for municipal elections.
        (2) In accordance with this section, and as resources become available, the lieutenant
 governor, in cooperation with county clerks, shall develop, establish, and maintain a
 state-provided Internet website designed to help inform the voters of the state of:
        (a) the offices and candidates up for election; and
        (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
 of ballot propositions submitted to the voters.
        (3) Except as provided under Subsection (6), the website shall include:
        (a) all information currently provided in the Utah voter information pamphlet under
 Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared, analyzed, and
 submitted by the [Judicial Council] Judicial Performance Evaluation Commission describing
 the judicial selection and retention process;
        (b) on the homepage of the website, a link to the Judicial Performance Evaluation
 Commission's website, judges.utah.gov;
        (c) a link to the retention recommendation made by the Judicial Performance
 Evaluation Commission in accordance with Title 78A, Chapter 12, Part 2, Judicial
 Performance Evaluation, for each judicial appointee to a court that is subject to a retention
 election, in accordance with Section 20A-12-201, for the upcoming general election;
        [(b)] (d) all information submitted by election officers under Subsection (4) on local
 office races, local office candidates, and local ballot propositions;
        [(c)] (e) a list that contains the name of a political subdivision that operates an election
 day voting center under Section 20A-3-703 and the location of the election day voting center;
        [(d)] (f) other information determined appropriate by the lieutenant governor that is
 currently being provided by law, rule, or ordinance in relation to candidates and ballot
                                                       -2-
       Enrolled Copy                                                                             S.B. 206
 questions; and
         [(e)] (g) any differences in voting method, time, or location designated by the
 lieutenant governor under Subsection 20A-1-308(2).
         (4) (a) An election official shall submit the following information for each ballot label
 under the election official's direct responsibility under this title:
         (i) a list of all candidates for each office;
         (ii) if submitted by the candidate to the election official's office before 5 p.m. no later
 than 45 days before the primary election or before 5 p.m. no later than 60 days before the
 general election:
         (A) a statement of qualifications, not exceeding 200 words in length, for each
 candidate;
         (B) the following current biographical information if desired by the candidate, current:
         (I) age;
         (II) occupation;
         (III) city of residence;
         (IV) years of residence in current city; and
         (V) email address; and
         (C) a single web address where voters may access more information about the
 candidate and the candidate's views; and
         (iii) factual information pertaining to all ballot propositions submitted to the voters,
 including:
         (A) a copy of the number and ballot title of each ballot proposition;
         (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
 vote was required to place the ballot proposition on the ballot;
         (C) a complete copy of the text of each ballot proposition, with all new language
 underlined and all deleted language placed within brackets; and
         (D) other factual information determined helpful by the election official.
         (b) The information under Subsection (4)(a) shall be submitted to the lieutenant
                                                       -3-
        S.B. 206                                                                         Enrolled Copy
 governor no later than one business day after the deadline under Subsection (4)(a) for each
 general election year and each municipal election year.
         (c) The lieutenant governor shall:
         (i) review the information submitted under this section, to determine compliance under
 this section, prior to placing it on the website;
         (ii) refuse to post information submitted under this section on the website if it is not in
 compliance with the provisions of this section; and
         (iii) organize, format, and arrange the information submitted under this section for the
 website.
         (d) The lieutenant governor may refuse to include information the lieutenant governor
 determines is not in keeping with:
         (i) Utah voter needs;
         (ii) public decency; or
         (iii) the purposes, organization, or uniformity of the website.
         (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
 Subsection (5).
         (5) (a) A person whose information is refused under Subsection (4), and who is
 aggrieved by the determination, may appeal by submitting a written notice of appeal to the
 lieutenant governor before 5 p.m. within 10 business days after the date of the determination.
 A notice of appeal submitted under this Subsection (5)(a) shall contain:
         (i) a listing of each objection to the lieutenant governor's determination; and
         (ii) the basis for each objection.
         (b) The lieutenant governor shall review the notice of appeal and shall issue a written
 response within 10 business days after the day on which the notice of appeal is submitted.
         (c) An appeal of the response of the lieutenant governor shall be made to the district
 court, which shall review the matter de novo.
         (6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
 enter the voter's address information on the website to retrieve information on which offices,
                                                          -4-
        Enrolled Copy                                                                              S.B. 206
 candidates, and ballot propositions will be on the voter's ballot at the next general election or
 municipal election.
         (b) The information on the website will anticipate and answer frequent voter questions
 including the following:
         (i) what offices are up in the current year for which the voter may cast a vote;
         (ii) who is running for what office and who is the incumbent, if any;
         (iii) what address each candidate may be reached at and how the candidate may be
 contacted;
         (iv) for partisan races only, what, if any, is each candidate's party affiliation;
         (v) what qualifications have been submitted by each candidate;
         (vi) where additional information on each candidate may be obtained;
         (vii) what ballot propositions will be on the ballot; and
         (viii) what judges are up for retention election.
         (7) As resources are made available and in cooperation with the county clerks, the
 lieutenant governor may expand the electronic voter information website program to include
 the same information as provided under this section for special elections and primary elections.
         Section 2. Section 20A-12-201 is amended to read:
         20A-12-201. Judicial appointees -- Retention elections.
         (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
 at the first general election held more than three years after the judge or justice was appointed.
         (b) After the first retention election:
         (i) each Supreme Court justice shall be on the regular general election ballot for an
 unopposed retention election every tenth year; and
         (ii) each judge of other courts shall be on the regular general election ballot for an
 unopposed retention election every sixth year.
         (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
 the year the justice or judge is subject to a retention election:
         (i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
                                                        -5-
        S.B. 206                                                                        Enrolled Copy
 in the candidate's county of residence, within the period beginning on July 1 and ending at 5
 p.m. on July 15 in the year of a regular general election; and
        (ii) pay a filing fee of $50.
        (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
 court judge is subject to a retention election:
        (A) file a declaration of candidacy with the lieutenant governor, or with the county
 clerk in the candidate's county of residence, within the period beginning on July 1 and ending
 at 5 p.m. on July 15 in the year of a regular general election; and
        (B) pay a filing fee of $25 for each judicial office.
        (ii) If a justice court judge is appointed or elected to more than one judicial office, the
 declaration of candidacy shall identify all of the courts included in the same general election.
        (iii) If a justice court judge is appointed or elected to more than one judicial office,
 filing a declaration of candidacy in one county in which one of those courts is located is valid
 for the courts in any other county.
        (3) (a) The lieutenant governor shall, no later than August 31 of each regular general
 election year:
        (i) transmit a certified list containing the names of the justices of the Supreme Court
 and judges of the Court of Appeals declaring their candidacy to the county clerk of each
 county; and
        (ii) transmit a certified list containing the names of judges of other courts declaring
 their candidacy to the county clerk of each county in the geographic division in which the judge
 filing the declaration holds office.
        (b) Each county clerk shall place the names of justices and judges standing for
 retention election in the nonpartisan section of the ballot.
        (4) (a) At the general election, the ballots shall contain[,]:
        (i) at the beginning of the judicial retention section of the ballot, the following
 statement:
        "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
                                                        -6-
        Enrolled Copy                                                                               S.B. 206
 Commission's recommendations for each judge"; and
        (ii) as to each justice or judge of any court to be voted on in the county, the following
 question:
        "Shall ______________________________(name of justice or judge) be retained in the
 office of ___________________________? (name of office, such as "Justice of the Supreme
 Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
 Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
 "Justice Court Judge of (name of county) County or (name of municipality)")
        Yes ()
        No ()."
        (b) If a justice court exists by means of an interlocal agreement under Section
 78A-7-102, the ballot question for the judge shall include the name of that court.
        (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
 is retained for the term of office provided by law.
        (b) If the justice or judge does not receive more yes votes than no votes, the justice or
 judge is not retained, and a vacancy exists in the office on the first Monday in January after the
 regular general election.
        (6) A justice or judge not retained is ineligible for appointment to the office for which
 the justice or judge was defeated until after the expiration of that term of office.
        (7) If a justice court judge is standing for retention for more than one office, the county
 clerk shall place the judge's name on the ballot separately for each office. If the justice court
 judge receives more no votes than yes votes in one office, but more yes votes than no votes in
 the other, the justice court judge shall be retained only in the office for which the judge
 received more yes votes than no votes.
                                                       -7-
Statutes affected: 
Introduced: 20A-12-201
Enrolled: 20A-7-801, 20A-12-201