LEGISLATIVE GENERAL COUNSEL

6 Approved for Filing: T.R. Vaughn 6

6 01-06-16 8:44 AM 6

H.B. 119

STRAIGHT TICKET VOTING AMENDMENTS

2016 GENERAL SESSION

STATE OF UTAH

Chief Sponsor: Patrice M. Arent

Senate Sponsor: ____________

Cosponsor:

Jeremy A. Peterson

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LONG TITLE

General Description:

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This bill amends provisions of the Election Code relating to the manner by which a

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voter casts a vote for all candidates from one political party.

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Highlighted Provisions:

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This bill:

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< amends provisions of the Election Code to provide that a voter who desires to cast a

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vote for all candidates from one political party must vote separately for each

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candidate from that political party;

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< removes provisions relating to straight ticket party voting and scratch voting; and

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< makes technical and conforming changes.

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Money Appropriated in this Bill:

None
Other Special Clauses:
None
Utah Code Sections Affected:

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AMENDS:

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20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392

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20A-3-106, as last amended by Laws of Utah 2015, Chapter 296

*HB0119*

H.B. 119

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20A-4-102, as last amended by Laws of Utah 2002, Chapter 177

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20A-4-105, as last amended by Laws of Utah 2013, Chapter 390

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20A-5-302, as last amended by Laws of Utah 2007, Chapters 256 and 329

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20A-6-301, as last amended by Laws of Utah 2015, Chapter 392

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20A-6-303, as last amended by Laws of Utah 2015, Chapter 296

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20A-6-304, as last amended by Laws of Utah 2015, Chapter 296

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20A-6-305, as last amended by Laws of Utah 2014, Chapter 17

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20A-9-406, as last amended by Laws of Utah 2015, Chapter 296

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Be it enacted by the Legislature of the state of Utah:

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Section 1. Section 20A-1-102 is amended to read:

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20A-1-102. Definitions.

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As used in this title:

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(1) "Active voter" means a registered voter who has not been classified as an inactive

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voter by the county clerk.

(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
upon which a voter records the voter's votes.
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
envelopes.

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(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:

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(a) contain the names of offices and candidates and statements of ballot propositions to

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be voted on; and

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(b) are used in conjunction with ballot sheets that do not display that information.

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(5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters

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on the ballot for their approval or rejection including:

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(a) an opinion question specifically authorized by the Legislature;

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(b) a constitutional amendment;

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(c) an initiative;

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(d) a referendum;

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H.B. 119

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(e) a bond proposition;

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(f) a judicial retention question;

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(g) an incorporation of a city or town; or

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(h) any other ballot question specifically authorized by the Legislature.

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(6) "Ballot sheet":

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(a) means a ballot that:

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(i) consists of paper or a card where the voter's votes are marked or recorded; and

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(ii) can be counted using automatic tabulating equipment; and

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(b) includes punch card ballots and other ballots that are machine-countable.

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(7) "Bind," "binding," or "bound" means securing more than one piece of paper

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together with a staple or stitch in at least three places across the top of the paper in the blank

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space reserved for securing the paper.

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(8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
20A-4-306 to canvass election returns.
(9) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(10) "Book voter registration form" means voter registration forms contained in a
bound book that are used by election officers and registration agents to register persons to vote.
(11) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(12) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(13) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(15) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(16) "Convention" means the political party convention at which party officers and
delegates are selected.
(17) "Counting center" means one or more locations selected by the election officer in

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charge of the election for the automatic counting of ballots.

(18) "Counting judge" means a poll worker designated to count the ballots during
election day.
(19) "Counting poll watcher" means a person selected as provided in Section
20A-3-201 to witness the counting of ballots.

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(20) "Counting room" means a suitable and convenient private place or room,

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immediately adjoining the place where the election is being held, for use by the poll workers

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and counting judges to count ballots during election day.

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(21) "County officers" means those county officers that are required by law to be
elected.
(22) "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

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(b) does not include:

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(i) deadlines established for absentee voting; or

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(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early

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Voting.

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(23) "Elected official" means:

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(a) a person elected to an office under Section 20A-1-303;

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(b) a person who is considered to be elected to a municipal office in accordance with

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Subsection 20A-1-206(1)(c)(ii); or
(c) a person who is considered to be elected to a local district office in accordance with
Subsection 20A-1-206(3)(c)(ii).
(24) "Election" means a regular general election, a municipal general election, a

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statewide special election, a local special election, a regular primary election, a municipal

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primary election, and a local district election.

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(25) "Election Assistance Commission" means the commission established by Public

Law 107-252, the Help America Vote Act of 2002.
(26) "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.
(27) "Election judge" means a poll worker that is assigned to:

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(a) preside over other poll workers at a polling place;

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(b) act as the presiding election judge; or

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(c) serve as a canvassing judge, counting judge, or receiving judge.

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(28) "Election officer" means:

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(a) the lieutenant governor, for all statewide ballots and elections;

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(b) the county clerk for:

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(i) a county ballot and election; and

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(ii) a ballot and election as a provider election officer as provided in Section

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20A-5-400.1 or 20A-5-400.5;

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(c) the municipal clerk for:

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(i) a municipal ballot and election; and

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(ii) a ballot and election as a provider election officer as provided in Section

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20A-5-400.1 or 20A-5-400.5;

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(d) the local district clerk or chief executive officer for:

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(i) a local district ballot and election; and

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(ii) a ballot and election as a provider election officer as provided in Section

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20A-5-400.1 or 20A-5-400.5; or

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(e) the business administrator or superintendent of a school district for:

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(i) a school district ballot and election; and

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(ii) a ballot and election as a provider election officer as provided in Section

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20A-5-400.1 or 20A-5-400.5.

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(29) "Election official" means any election officer, election judge, or poll worker.

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(30) "Election results" means:

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(a) for an election other than a bond election, the count of votes cast in the election and

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the election returns requested by the board of canvassers; or

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(b) for bond elections, the count of those votes cast for and against the bond

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proposition plus any or all of the election returns that the board of canvassers may request.

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(31) "Election returns" includes the pollbook, the military and overseas absentee voter

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registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all

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counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition

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form, and the total votes cast form.

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(32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
device or other voting device that records and stores ballot information by electronic means.

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(33) "Electronic signature" means an electronic sound, symbol, or process attached to

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or logically associated with a record and executed or adopted by a person with the intent to sign

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the record.

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(34) (a) "Electronic voting device" means a voting device that uses electronic ballots.

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(b) "Electronic voting device" includes a direct recording electronic voting device.

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(35) "Inactive voter" means a registered voter who has:

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(a) been sent the notice required by Section 20A-2-306; and

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(b) failed to respond to that notice.

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(36) "Inspecting poll watcher" means a person selected as provided in this title to

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witness the receipt and safe deposit of voted and counted ballots.

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(37) "Judicial office" means the office filled by any judicial officer.

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(38) "Judicial officer" means any justice or judge of a court of record or any county

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court judge.

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(39) "Local district" means a local government entity under Title 17B, Limited Purpose

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Local Government Entities - Local Districts, and includes a special service district under Title

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17D, Chapter 1, Special Service District Act.

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(40) "Local district officers" means those local district board members that are required
by law to be elected.

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(41) "Local election" means a regular county election, a regular municipal election, a

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municipal primary election, a local special election, a local district election, and a bond

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election.

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(42) "Local political subdivision" means a county, a municipality, a local district, or a

local school district.

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(43) "Local special election" means a special election called by the governing body of a

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local political subdivision in which all registered voters of the local political subdivision may

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vote.

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(44) "Municipal executive" means:

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(a) the mayor in the council-mayor form of government defined in Section 10-3b-102;

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(b) the mayor in the council-manager form of government defined in Subsection

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10-3b-103(7); or

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(c) the chair of a metro township form of government defined in Section 10-3b-102.

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(45) "Municipal general election" means the election held in municipalities and, as

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applicable, local districts on the first Tuesday after the first Monday in November of each

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odd-numbered year for the purposes established in Section 20A-1-202.

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(46) "Municipal legislative body" means:

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(a) the council of the city or town in any form of municipal government; or

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(b) the council of a metro township.

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(47) "Municipal office" means an elective office in a municipality.

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(48) "Municipal officers" means those municipal officers that are required by law to be

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elected.
(49) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(50) "Official ballot" means the ballots distributed by the election officer to the poll

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workers to be given to voters to record their votes.

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(51) "Official endorsement" means:

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(a) the information on the ballot that identifies:

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(i) the ballot as an official ballot;

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(ii) the date of the election; and

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(iii) (A) for a ballot prepared by an election officer other than a county clerk, the

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facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or

(B) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(c)(iii); and

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(b) the information on the ballot stub that identifies:

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(i) the poll worker's initials; and

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(ii) the ballot number.

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(52) "Official register" means the official record furnished to election officials by the

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election officer that contains the information required by Section 20A-5-401.

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(53) "Paper ballot" means a paper that contains:

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(a) the names of offices and candidates and statements of ballot propositions to be

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voted on; and

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(b) spaces for the voter to record the voter's vote for each office and for or against each
ballot proposition.
(54) "Pilot project" means the election day voter registration pilot project created in
Section 20A-4-108.
(55) "Political party" means an organization of registered voters that has qualified to

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participate in an election by meeting the requirements of Chapter 8, Political Party Formation

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and Procedures.

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(56) "Pollbook" means a record of the names of voters in the order that they appear to
cast votes.

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(57) "Polling place" means the building where voting is conducted.

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(58) (a) "Poll worker" means a person assigned by an election official to assist with an

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election, voting, or counting votes.

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(b) "Poll worker" includes election judges.

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(c) "Poll worker" does not include a watcher.

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(59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot

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in which the voter marks the voter's choice.

(60) "Primary convention" means the political party conventions held during the year
of the regular general election.

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(61) "Protective counter" means a separate counter, which cannot be reset, that:

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(a) is built into a voting machine; and

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(b) records the total number of movements of the operating lever.

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(62) "Provider election officer" means an election officer who enters into a contract or

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interlocal agreement with a contracting election officer to conduct an election for the

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contracting election officer's local political subdivision in accordance with Section

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20A-5-400.1.

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(63) "Provisional ballot" means a ballot voted provisionally by a person:

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(a) whose name is not listed on the official register at the polling place;

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(b) whose legal right to vote is challenged as provided in this title; or

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(c) whose identity was not sufficiently established by a poll worker.

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(64) "Provisional ballot envelope" means an envelope printed in the form required by

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Section 20A-6-105 that is used to identify provisional ballots and to provide information to

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verify a person's legal right to vote.

(65) "Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the person was elected.
(66) "Receiving judge" means the poll worker that checks the voter's name in the

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official register, provides the voter with a ballot, and removes the ballot stub from the ballot

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after the voter has voted.

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(67) "Registration form" means a book voter registration form and a by-mail voter
registration form.

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(68) "Regular ballot" means a ballot that is not a provisional ballot.

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(69) "Regular general election" means the election held throughout the state on the first

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Tuesday after the first Monday in November of each even-numbered year for the purposes

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established in Section 20A-1-201.

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(70) "Regular primary election" means the election on the fourth Tuesday of June of

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each even-numbered year, to nominate candidates of political parties and candidates for

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nonpartisan local school board positions to advance to the regular general election.

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(71) "Resident" means a person who resides within a specific voting precinct in Utah.

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(72) "Sample ballot" means a mock ballot similar in form to the official ballot printed

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and distributed as provided in Section 20A-5-405.

[(73) "Scratch vote" means to mark or punch the straight party ticket and then mark or

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punch the ballot for one or more candidates who are members of different political parties or

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who are unaffiliated.]

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[(74)] (73) "Secrecy envelope" means the envelope given to a voter along with the

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ballot into which the voter places the ballot after the voter has voted it in order to preserve the

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secrecy of the voter's vote.

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[(75)] (74) "Special election" means an election held as authorized by Section

20A-1-203.

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[(76)] (75) "Spoiled ballot" means each ballot that:

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(a) is spoiled by the voter;

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(b) is unable to be voted because it was spoiled by the printer or a poll worker; or

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(c) lacks the official endorsement.

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[(77)] (76) "Statewide special election" means a special election called by the governor

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or the Legislature in which all registered voters in Utah may vote.

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[(78)] (77) "Stub" means the detachable part of each ballot.

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[(79)] (78) "Substitute ballots" means replacement ballots provided by an election

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officer to the poll workers when the official ballots are lost or stolen.
[(80)] (79) "Ticket" means each list of candidates for each political party or for each
group of petitioners.
[(81)] (80) "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
[(82)] (81) "Vacancy" means the absence of a person to serve in any position created

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by statute, whether that absence occurs because of death, disability, disqualification,

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resignation, or other cause.

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[(83)] (82) "Valid voter identification" means:

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(a) a form of identification that bears the name and photograph of the voter which may

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include:

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(i) a currently valid Utah driver license;

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(ii) a currently valid identification card that is issued by:

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(A) the state; or

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(B) a branch, department, or agency of the United States;

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(iii) a currently valid Utah permit to carry a concealed weapon;

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(iv) a currently valid United States passport; or

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(v) a currently valid United States military identification card;

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(b) one of the following identification cards, whether or not the card includes a

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photograph of the voter:

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(i) a valid tribal identification card;

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(ii) a Bureau of Indian Affairs card; or

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(iii) a tribal treaty card; or

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(c) two forms of identification not listed under Subsection [(83)] (82)(a) or (b) but that

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bear the name of the voter and provide evidence that the voter resides in the voting precinct,

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which may include:

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(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;

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(ii) a bank or other financial account statement, or a legible copy thereof;

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(iii) a certified birth certificate;

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(iv) a valid Social Security card;

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(v) a check issued by the state or the federal government or a legible copy thereof;

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(vi) a paycheck from the voter's employer, or a legible copy thereof;

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(vii) a currently valid Utah hunting or fishing license;

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(viii) certified naturalization documentation;

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(ix) a currently valid license issued by an authorized agency of the United States;

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(x) a certified copy of court records showing the voter's adoption or name change;

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(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;

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(xii) a currently valid identification card issued by:

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(A) a local government within the state;

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(B) an employer for an employee; or

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(C) a college, university, technical school, or professional school located within the

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state; or

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(xiii) a current Utah vehicle registration.

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[(84)] (83) "Valid write-in candidate" means a candidate who has qualified as a

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write-in candidate by following the procedures and requirements of this title.

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[(85)] (84) "Voter" means a person who:

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(a) meets the requirements for voting in an election;

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(b) meets the requirements of election registration;

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(c) is registered to vote; and

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(d) is listed in the official register book.

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[(86)] (85) "Voter registration deadline" means the registration deadline provided in

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Section 20A-2-102.5.
[(87)] (86) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.

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[(88)] (87) "Voting booth" means:

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(a) the space or compartment within a polling place that is provided for the preparation

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of ballots, including the voting machine enclosure or curtain; or

(b) a voting device that is free standing.

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[(89)] (88) "Voting device" means:

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(a) an apparatus in which ballot sheets are used in connection with a punch device for

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piercing the ballots by the voter;

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(b) a device for marking the ballots with ink or another substance;

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(c) an electronic voting device or other device used to make selections and cast a ballot

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electronically, or any component thereof;

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(d) an automated voting system under Section 20A-5-302; or

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(e) any other method for recording votes on ballots so that the ballot may be tabulated

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by means of automatic tabulating equipment.

[(90)] (89) "Voting machine" means a machine designed for the sole purpose of
recording and tabulating votes cast by voters at an election.
[(91)] (90) "Voting poll watcher" means a person appointed as provided in this title to
witness the distribution of ballots and the voting process.
[(92)] (91) "Voting precinct" means the smallest voting unit established as provided by
law within which qualified voters vote at one polling place.
[(93)] (92) "Watcher" means a voting poll watcher, a counting poll watcher, an
inspecting poll watcher, and a testing watcher.
[(94)] (93) "Western States Presidential Primary" means the election established in
Chapter 9, Part 8, Western States Presidential Primary.

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[(95)] (94) "Write-in ballot" means a ballot containing any write-in votes.

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[(96)] (95) "Write-in vote" means a vote cast for a person whose name is not printed on

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the ballot according to the procedures established in this title.

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Section 2. Section 20A-3-106 is amended to read:

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20A-3-106. Voting -- Writing in names -- Effect of unnecessary marking of cross.

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(1) When voting a paper ballot, any voter desiring to vote for all the candidates who are

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listed on the ballot as being from any one registered political party may[: (a) mark in the circle

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or position above that political party; (b)] mark in the squares or position opposite the names of

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all candidates for that party ticket[; or].

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[(c) make both markings.]

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(2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates who

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are listed on the ballot as being from any one registered political party may[: (i) mark the

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selected party on the straight party page or section; or (ii)] mark the name of each candidate

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from that party.

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(b) To vote for candidates from two or more political parties, the voter may[: (i)] mark

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in the squares or positions opposite the names of the candidates for whom the voter wishes to

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vote [without marking in any circle; or].

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[(ii) indicate the voter's choice by:]

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[(A) marking in the circle or position above one political party; and]

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[(B) marking in the squares or positions opposite the names of desired candidates who

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are members of any party, are unaffiliated, or are listed without party name.]

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(3) (a) When voting an electronic ballot, any voter desiring to vote for all the

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candidates who are listed on the ballot as being from any one registered political party may[: (i)

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select that party on the straight party selection area; or (ii)] select the name of each candidate

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from that party.

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(b) To vote for candidates from two or more political parties, the voter may[: (i)] select

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the names of the candidates for whom the voter wishes to vote [without selecting a political

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party in the straight party selection area; or].

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[(ii) (A) select a political party in the straight party selection area; and]

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[(B) select the names of the candidates for whom the voter wishes to vote who are

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members of any party, are unaffiliated, or are listed without party name.]

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[(4) In any election other than a primary election, if a voter voting a ballot has selected

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or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote

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for a person on another party ticket for an office, or for an unaffiliated candidate, the voter shall

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select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.]

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[(5)] (4) (a) The voter may cast a write-in vote on a paper ballot or ballot sheet:

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(i) by entering the name of a valid write-in candidate:

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(A) by writing the name of a valid write-in candidate in the blank write-in section of

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the ballot; or

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(B) by affixing a sticker with the office and name of the valid write-in name printed on
it in the blank write-in part of the ballot; and

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(ii) by placing a mark opposite the name of the write-in candidate to indicate the voter's
vote.

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(b) On a paper ballot or ballot sheet, a voter is considered to have voted for the person

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whose name is written or whose sticker appears in the blank write-in part of the ballot, if a

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mark is made opposite that name.

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(c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a square on
the ticket below the marked circle does not affect the validity of the vote.

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[(6)] (5) The voter may cast a write-in vote on an electronic ballot by:

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(a) marking the appropriate position opposite the area for entering a write-in candidate

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for the office sought by the candidate for whom the voter wishes to vote; and

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(b) entering the name of a valid write-in candidate in the write-in selection area.

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Section 3. Section 20A-4-102 is amended to read:

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20A-4-102. Counting paper ballots after the polls close.

410

(1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and

411

the last qualified voter has voted, the election judges shall count the ballots by performing the

412

tasks specified in this section in the order that they are specified.

413
414

(b) The election judges shall apply the standards and requirements of Section
20A-4-105 to resolve any questions that arise as they count the ballots.

415

(2) (a) First, the election judges shall count the number of ballots in the ballot box.

416

(b) (i) If there are more ballots in the ballot box than there are names entered in the

417

pollbook, the judges shall examine the official endorsements on the ballots.

418

(ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper

419

official endorsement, the judges shall put those ballots in an excess ballot file and not count

420

them.

421

(c) (i) If, after examining the official endorsements, there are still more ballots in the

422

ballot box than there are names entered in the pollbook, the judges shall place the remaining

423

ballots back in the ballot box.

424
425
426
427
428
429

(ii) One of the judges, without looking, shall draw a number of ballots equal to the
excess from the ballot box.
(iii) The judges shall put those excess ballots into the excess ballot envelope and not
count them.
(d) When the ballots in the ballot box equal the number of names entered in the
pollbook, the judges shall count the votes.

- 14 -

01-06-16 8:44 AM

H.B. 119

430

(3) The judges shall:

431

(a) place all unused ballots in the envelope or container provided for return to the

432

county clerk or city recorder; and

433

(b) seal that envelope or container.

434

(4) The judges shall:

435

(a) place all of the provisional ballot envelopes in the envelope provided for them for

436

return to the election officer; and

437

(b) seal that envelope or container.

438

(5) (a) In counting the votes, the election judges shall read and count each ballot

439

separately.

440

(b) In regular primary elections the judges shall:

441

(i) count the number of ballots cast for each party;

442

(ii) place the ballots cast for each party in separate piles; and

443

(iii) count all the ballots for one party before beginning to count the ballots cast for

444

other parties.

445

(6) (a) In all elections, the counting judges shall:

446

(i) count one vote for each candidate designated by the marks in the squares next to the

447
448

candidate's name;
[(ii) count one vote for each candidate on the ticket beneath a marked circle, excluding

449

any candidate for an office for which a vote has been cast for a candidate for the same office

450

upon another ticket by the placing of a mark in the square opposite the name of that candidate

451

on the other ticket;]

452
453
454
455
456
457
458
459
460

[(iii)] (ii) count each vote for each write-in candidate who has qualified by filing a
declaration of candidacy under Section 20A-9-601;
[(iv)] (iii) read every name marked on the ballot and mark every name upon the tally
sheets before another ballot is counted;
[(v)] (iv) evaluate each ballot and each vote based on the standards and requirements of
Section 20A-4-105;
[(vi)] (v) write the word "spoiled" on the back of each ballot that lacks the official
endorsement and deposit it in the spoiled ballot envelope; and
[(vii)] (vi) read, count, and record upon the tally sheets the votes that each candidate

- 15 -

H.B. 119
461
462
463
464
465
466
467
468
469

01-06-16 8:44 AM

and ballot proposition received from all ballots, except excess or spoiled ballots.
(b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
persons clearly not eligible to qualify for office.
(c) The judges shall certify to the accuracy and completeness of the tally list in the
space provided on the tally list.
(d) When the judges have counted all of the voted ballots, they shall record the results
on the total votes cast form.
(7) Only election judges and counting poll watchers may be present at the place where
counting is conducted until the count is completed.

470

Section 4. Section 20A-4-105 is amended to read:

471

20A-4-105. Standards and requirements for evaluating voter's ballot choices.

472

(1) Each person counting ballots shall apply the standards and requirements of this

473
474

section to resolve any questions that arise as ballots are counted.

(2) Except as provided in Subsection [(11)] (10), if a voter marks more names than

475

there are persons to be elected to an office, or if for any reason it is impossible to determine the

476

choice of any voter for any office to be filled, the counter may not count that voter's ballot for

477

that office.

478

(3) The counter shall count a defective or incomplete mark on any paper ballot if:

479

(a) it is in the proper place; and

480

(b) there is no other mark or cross on the paper ballot indicating the voter's intent to

481

vote other than as indicated by the defective mark.

482

[(4) (a) When the voter has marked the ballot so that it appears that the voter has voted

483

more than one straight ticket, the election judges may not count any votes for party candidates.]

484

[(b) The election judges shall count the remainder of the ballot if it is voted correctly.]

485

[(5)] (4) A counter may not reject a ballot marked by the voter because of marks on the

486

ballot other than those marks allowed by this section unless the extraneous marks on a ballot or

487

group of ballots show an intent by a person or group to mark their ballots so that their ballots

488

can be identified.

489
490
491

[(6)] (5) (a) In counting the ballots, the counters shall give full consideration to the
intent of the voter.
(b) The counters may not invalidate a ballot because of mechanical and technical

- 16 -

01-06-16 8:44 AM

H.B. 119

492

defects in voting or failure on the part of the voter to follow strictly the rules for balloting

493

required by Chapter 3, Voting.

494

[(7)] (6) The counters may not reject a ballot because of any error in:

495

(a) stamping or writing any official endorsement; or

496

(b) delivering the wrong ballots to any polling place.

497

[(8)] (7) The counter may not count any paper ballot that does not have the official

498
499
500
501

endorsement by an election officer.

[(9)] (8) The counter may not count any ballot proposition vote or candidate vote for
which the voter is not "legally entitled to vote" as used in Section 20A-4-107.
[(10)] (9) If the counter discovers that the name of a candidate voted for is misspelled

502

or that the initial letters of a candidate's given name are transposed or omitted in part or

503

altogether, the counter shall count the voter's vote for that candidate if it is apparent that the

504

voter intended to vote for that candidate.

505
506
507

[(11)] (10) The counter shall count a vote for the president and the vice president of
any political party as a vote for the presidential electors selected by the political party.
[(12)] (11) In counting the valid write-in votes, if, by casting a valid write-in vote, a

508

voter has cast more votes for an office than that voter is entitled to vote for that office, the

509

judges shall count the valid write-in vote as being the obvious intent of the voter.

510

Section 5. Section 20A-5-302 is amended to read:

511

20A-5-302. Automated voting system.

512

(1) (a) Any county or municipal legislative body or local district board may:

513

(i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any

514
515
516
517
518

automated voting system that meets the requirements of this section; and
(ii) use that system in any election, in all or a part of the voting precincts within its
boundaries, or in combination with paper ballots.
(b) Nothing in this title shall be construed to require the use of electronic voting
devices in local special elections, municipal primary elections, or municipal general elections.

519

(2) (a) Each automated voting system shall:

520

(i) provide for voting in secrecy, except in the case of voters who have received

521

assistance as authorized by Section 20A-3-108;

522

(ii) permit each voter at any election to:

- 17 -

H.B. 119
523
524

01-06-16 8:44 AM

(A) vote for all persons and offices for whom and for which that voter is lawfully
entitled to vote;

525

(B) vote for as many persons for an office as that voter is entitled to vote; and

526

(C) vote for or against any ballot proposition upon which that voter is entitled to vote;

527

(iii) permit each voter, at presidential elections, by one mark or punch to vote for the

528
529
530

candidates of that party for president, vice president, and for their presidential electors;
[(iv) permit each voter, at any regular general election, to vote for all the candidates of
one registered political party by making one mark or punch;]

531

[(v) permit each voter to scratch vote;]

532

[(vi)] (iv) at elections other than primary elections, permit each voter to vote for the

533

nominees of one or more parties and for independent candidates;

534

[(vii)] (v) at primary elections:

535

(A) permit each voter to vote for candidates of the political party of [his] the voter's

536

choice; and

537

(B) reject any votes cast for candidates of another party;

538

[(viii)] (vi) prevent the voter from voting for the same person more than once for the

539

same office;

540

[(ix)] (vii) provide the opportunity for each voter to change the ballot and to correct

541

any error before the voter casts the ballot in compliance with the Help America Vote Act of

542

2002, Pub. L. No. 107-252;

543

[(x)] (viii) include automatic tabulating equipment that rejects choices recorded on a

544

voter's ballot if the number of the voter's recorded choices is greater than the number which the

545

voter is entitled to vote for the office or on the measure;

546
547

[(xi)] (ix) be of durable construction, suitably designed so that it may be used safely,
efficiently, and accurately in the conduct of elections and counting ballots;

548

[(xii)] (x) when properly operated, record correctly and count accurately each vote cast;

549

[(xiii)] (xi) for voting equipment certified after January 1, 2005, produce a permanent

550
551
552
553

paper record that:

(A) shall be available as an official record for any recount or election contest
conducted with respect to an election where the voting equipment is used;
(B) (I) shall be available for the voter's inspection prior to the voter leaving the polling

- 18 -

01-06-16 8:44 AM
554
555

H.B. 119

place; and
(II) shall permit the voter to inspect the record of the voter's selections independently

556

only if reasonably practicable commercial methods permitting independent inspection are

557

available at the time of certification of the voting equipment by the lieutenant governor;

558
559
560
561
562
563

(C) shall include, at a minimum, human readable printing that shows a record of the
voter's selections;
(D) may also include machine readable printing which may be the same as the human
readable printing; and
(E) allows voting poll watchers and counting poll watchers to observe the election
process to ensure its integrity; and

564

[(xiv)] (xii) meet the requirements of Section 20A-5-402.5.

565

(b) For the purposes of a recount or an election contest, if the permanent paper record

566

contains a conflict or inconsistency between the human readable printing and the machine

567

readable printing, the human readable printing shall supercede the machine readable printing

568

when determining the intent of the voter.

569

(c) Notwithstanding any other provisions of this section, the election officers shall

570

ensure that the ballots to be counted by means of electronic or electromechanical devices are of

571

a size, layout, texture, and printed in a type of ink or combination of inks that will be suitable

572

for use in the counting devices in which they are intended to be placed.

573

Section 6. Section 20A-6-301 is amended to read:

574

20A-6-301. Paper ballots -- Regular general election.

575

(1) Each election officer shall ensure that:

576

(a) all paper ballots furnished for use at the regular general election contain:

577

(i) no captions or other endorsements except as provided in this section;

578

(ii) no symbols, markings, or other descriptions of a political party or group, except for

579

a registered political party that has chosen to nominate its candidates in accordance with

580

Section 20A-9-403; and

581

(iii) no indication that a candidate for elective office has been nominated by, or has

582

been endorsed by, or is in any way affiliated with a political party or group, unless the

583

candidate has been nominated by a registered political party in accordance with Subsection

584

20A-9-202(4) or Subsection 20A-9-403(5).

- 19 -

H.B. 119
585
586

(b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
top of the ballot, and divided from the rest of ballot by a perforated line;

587
588

01-06-16 8:44 AM

(ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
stub; and

589

(iii) ballot stubs are numbered consecutively;

590

(c) immediately below the perforated ballot stub, the following endorsements are

591

printed in 18 point bold type:

592

(i) "Official Ballot for ____ County, Utah";

593

(ii) the date of the election; and

594

(iii) the words "Clerk of __________ County";

595

(d) each ticket is placed in a separate column on the ballot in the order specified under

596

Section 20A-6-305 with the party emblem, followed by the party name, at the head of the

597

column;

598
599
600

(e) the party name or title is printed in capital letters not less than one-fourth of an inch
high;
[(f) a circle one-half inch in diameter is printed immediately below the party name or

601

title, and the top of the circle is placed not less than two inches below the perforated line;]

602

[(g)] (f) unaffiliated candidates, candidates not affiliated with a registered political

603

party, and all other candidates for elective office who were not nominated by a registered

604

political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are

605

listed in one column in the order specified under Section 20A-6-305[, without a party circle,]

606

with the following instructions printed at the head of the column: "All candidates not affiliated

607

with a political party are listed below. They are to be considered with all offices and

608

candidates listed to the left. Only one vote is allowed for each office.";

609
610
611
612
613

[(h)] (g) the columns containing the lists of candidates, including the party name and
device, are separated by heavy parallel lines;
[(i)] (h) the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
[(j)] (i) the names of candidates are printed in capital letters, not less than one-eighth

614

nor more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,

615

between lines or rules three-eighths of an inch apart;

- 20 -

01-06-16 8:44 AM
616
617

H.B. 119

[(k)] (j) a square with sides measuring not less than one-fourth of an inch in length is
printed immediately adjacent to the name of each candidate;

618

[(l)] (k) for the offices of president and vice president and governor and lieutenant

619

governor, one square with sides measuring not less than one-fourth of an inch in length is

620

printed on the same side as but opposite a double bracket enclosing the names of the two

621

candidates;

622

[(m)] (l) in an election in which a voter is authorized to cast a write-in vote and where

623

a write-in candidate is qualified under Section 20A-9-601, immediately adjacent to the

624

unaffiliated ticket on the ballot, the ballot contains a write-in column long enough to contain as

625

many written names of candidates as there are persons to be elected with:

626
627
628

(i) for each office on the ballot, the office to be filled plainly printed immediately
above:
(A) a blank, horizontal line to enable the entry of a valid write-in candidate and a

629

square with sides measuring not less than one-fourth of an inch in length printed immediately

630

adjacent to the blank horizontal line; or

631

(B) for the offices of president and vice president and governor and lieutenant

632

governor, two blank horizontal lines, one placed above the other, to enable the entry of two

633

valid write-in candidates, and one square with sides measuring not less than one-fourth of an

634

inch in length printed on the same side as but opposite a double bracket enclosing the two

635

blank horizontal lines; and

636
637
638

(ii) the words "Write-In Voting Column" printed at the head of the column [without a
one-half inch circle];
[(n)] (m) when required, the ballot includes a nonpartisan ticket placed immediately

639

adjacent to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the

640

unaffiliated ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule

641

running vertically the full length of the nonpartisan ballot copy; and

642

[(o)] (n) constitutional amendments or other questions submitted to the vote of the

643

people, are printed on the ballot after the list of candidates.

644

(2) Each election officer shall ensure that:

645

(a) each person nominated by any registered political party under Subsection

646

20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:

- 21 -

H.B. 119

01-06-16 8:44 AM

647

(i) under the registered political party's name and emblem, if any; or

648

(ii) under the title of the registered political party as designated by them in their

649

certificates of nomination or petition, or, if none is designated, then under some suitable title;

650
651

(b) the names of all unaffiliated candidates that qualify as required in Title 20A,
Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;

652
653

(c) the names of the candidates for president and vice president are used on the ballot
instead of the names of the presidential electors; and

654

(d) the ballots contain no other names.

655

(3) When the ballot contains a nonpartisan section, the election officer shall ensure

656
657
658

that:
(a) the designation of the office to be filled in the election and the number of
candidates to be elected are printed in type not smaller than eight point;

659

(b) the words designating the office are printed flush with the left-hand margin;

660

(c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for

661
662
663
664
665
666

which the voter may vote)" extend to the extreme right of the column;
(d) the nonpartisan candidates are grouped according to the office for which they are
candidates;
(e) the names in each group are placed in the order specified under Section 20A-6-305
with the surnames last; and
(f) each group is preceded by the designation of the office for which the candidates

667

seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of

668

candidates for which the voter may vote)," according to the number to be elected.

669

(4) Each election officer shall ensure that:

670

(a) proposed amendments to the Utah Constitution are listed on the ballot in

671
672
673
674

accordance with Section 20A-6-107;

(b) ballot propositions submitted to the voters are listed on the ballot in accordance
with Section 20A-6-107; and
(c) bond propositions that have qualified for the ballot are listed on the ballot under the

675

title assigned to each bond proposition under Section 11-14-206.

676

Section 7. Section 20A-6-303 is amended to read:

677

20A-6-303. Regular general election -- Ballot sheets.

- 22 -

01-06-16 8:44 AM

H.B. 119

678

(1) Each election officer shall ensure that:

679

(a) copy on the ballot sheets or ballot labels, as applicable, are arranged in

680

approximately the same order as paper ballots;

681
682

(b) the titles of offices and the names of candidates are printed in vertical columns or in
a series of separate pages;

683
684

(c) the ballot sheet or any pages used for the ballot label are of sufficient number to
include, after the list of candidates:

685

(i) the names of candidates for judicial offices and any other nonpartisan offices; and

686

(ii) any ballot propositions submitted to the voters for their approval or rejection;

687

[(d) (i) a voting square or position is included where the voter may record a straight

688

party ticket vote for all the candidates who are listed on the ballot as being from one party by

689

one mark or punch; and]

690
691

[(ii) the name of each political party listed in the straight party selection area includes
the word "party" at the end of the party's name;]

692

[(e)] (d) the tickets are printed in the order specified under Section 20A-6-305;

693

[(f)] (e) the office titles are printed immediately adjacent to the names of candidates so

694

as to indicate clearly the candidates for each office and the number to be elected;

695

[(g)] (f) the party designation of each candidate who has been nominated by a

696

registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is printed

697

immediately adjacent to the candidate's name; and

698
699

[(h)] (g) (i) if possible, all candidates for one office are grouped in one column or upon
one page;

700
701
702
703
704
705

(ii) if all candidates for one office cannot be listed in one column or grouped on one
page:
(A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
candidates is continued on the following column or page; and
(B) approximately the same number of names shall be printed in each column or on
each page.

706

(2) Each election officer shall ensure that:

707

(a) proposed amendments to the Utah Constitution are listed in accordance with

708

Section 20A-6-107;

- 23 -

H.B. 119
709
710
711
712

01-06-16 8:44 AM

(b) ballot propositions submitted to the voters are listed in accordance with Section
20A-6-107; and
(c) bond propositions that have qualified for the ballot are listed under the title
assigned to each bond proposition under Section 11-14-206.

713

Section 8. Section 20A-6-304 is amended to read:

714

20A-6-304. Regular general election -- Electronic ballots.

715

(1) Each election officer shall ensure that:

716

(a) the format and content of the electronic ballot is arranged in approximately the

717
718
719

same order as paper ballots;

(b) the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate display screens;

720

(c) the electronic ballot is of sufficient length to include, after the list of candidates:

721

(i) the names of candidates for judicial offices and any other nonpartisan offices; and

722

(ii) any ballot propositions submitted to the voters for their approval or rejection;

723

[(d) (i) a voting square or position is included where the voter may record a straight

724

party ticket vote for all the candidates who are listed on the ballot as being from one party by

725

making a single selection; and]

726
727

[(ii) the name of each political party listed in the straight party selection area includes
the word "party" at the end of the party's name;]

728

[(e)] (d) the tickets are displayed in the order specified under Section 20A-6-305;

729

[(f)] (e) the office titles are displayed above or at the side of the names of candidates so

730
731

as to indicate clearly the candidates for each office and the number to be elected;
[(g)] (f) the party designation of each candidate who has been nominated by a

732

registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is

733

displayed adjacent to the candidate's name; and

734
735

[(h)] (g) if possible, all candidates for one office are grouped in one column or upon
one display screen.

736

(2) Each election officer shall ensure that:

737

(a) proposed amendments to the Utah Constitution are displayed in accordance with

738
739

Section 20A-6-107;
(b) ballot propositions submitted to the voters are displayed in accordance with Section

- 24 -

01-06-16 8:44 AM
740
741
742

H.B. 119

20A-6-107; and
(c) bond propositions that have qualified for the ballot are displayed under the title
assigned to each bond proposition under Section 11-14-206.

743

Section 9. Section 20A-6-305 is amended to read:

744

20A-6-305. Master ballot position list -- Random selection -- Procedures --

745
746

Publication -- Surname -- Exemptions.

(1) As used in this section, "master ballot position list" means an official list of the 26

747

characters in the alphabet listed in random order and numbered from one to 26 as provided

748

under Subsection (2).

749

(2) The lieutenant governor shall:

750

(a) by November 15 in the year before each regular general election, conduct a random

751

selection to establish the master ballot position list for the next year and the year following in

752

accordance with procedures established under Subsection (2)(c);

753
754

(b) publish the master ballot position lists on the lieutenant governor's election website
on or before November 15 in the year before each regular general election; and

755

(c) establish written procedures for:

756

(i) the election official to use the master ballot position list; and

757

(ii) the lieutenant governor in:

758

(A) conducting the random selection in a fair manner; and

759

(B) providing a record of the random selection process used.

760

(3) In accordance with the written procedures established under Subsection (2)(c)(i), an

761

election officer shall use the master ballot position list for the current year to determine the

762

order in which to list candidates on the ballot for an election held during the year.

763
764

(4) To determine the order in which to list candidates on the ballot required under
Subsection (3), the election officer shall apply the randomized alphabet using:

765

(a) the candidate's surname;

766

(b) for candidates with a surname that has the same spelling, the candidate's given

767
768
769
770

name; and
(c) the surname of the president and the surname of the governor for an election for the
offices of president and vice president and governor and lieutenant governor[; and].
[(d) if the ballot provides for a ticket or a straight party ticket, the registered political

- 25 -

H.B. 119
771

01-06-16 8:44 AM

party name.]

772

(5) This section does not apply to:

773

(a) an election for an office for which only one candidate is listed on the ballot; or

774

(b) a judicial retention election under Section 20A-12-201.

775

Section 10. Section 20A-9-406 is amended to read:

776

20A-9-406. Qualified political party -- Requirements and exemptions.

777

The following provisions apply to a qualified political party:

778

(1) the qualified political party shall, no later than 5 p.m. on March 1 of each

779

even-numbered year, certify to the lieutenant governor the identity of one or more registered

780

political parties whose members may vote for the qualified political party's candidates;

781

(2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection

782

20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified

783

political party;

784
785
786
787
788

(3) an individual may only seek the nomination of the qualified political party by using
a method described in Section 20A-9-407, Section 20A-9-408, or both;
(4) the qualified political party shall comply with the provisions of Sections
20A-9-407, 20A-9-408, and 20A-9-409;
(5) notwithstanding Subsection 20A-6-301(1)(a), (1)[(g)](f), or (2)(a), each election

789

officer shall ensure that a ballot described in Section 20A-6-301 includes each person

790

nominated by a qualified political party:

791

(a) under the qualified political party's name and emblem, if any; or

792

(b) under the title of the qualified registered political party as designated by the

793

qualified political party in the certification described in Subsection (1), or, if none is

794

designated, then under some suitable title;

795

(6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for

796

paper ballots in regular general elections, that each candidate who is nominated by the qualified

797

political party is listed by party;

798

(7) notwithstanding Subsection 20A-6-303(1)[(g)](f), each election officer shall ensure

799

that the party designation of each candidate who is nominated by the qualified political party is

800

printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;

801

(8) notwithstanding Subsection 20A-6-304(1)[(g)](f), each election officer shall ensure

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01-06-16 8:44 AM

H.B. 119

802

that the party designation of each candidate who is nominated by the qualified political party is

803

displayed adjacent to the candidate's name on an electronic ballot;

804

(9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also

805

includes an individual who files a declaration of candidacy under Section 20A-9-407 or

806

20A-9-408 to run in a regular general election for a federal office, constitutional office,

807

multicounty office, or county office;

808
809
810

(10) an individual who is nominated by, or seeking the nomination of, the qualified
political party is not required to comply with Subsection 20A-9-201(1)(c);
(11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled

811

to have each of the qualified political party's candidates for elective office appear on the

812

primary ballot of the qualified political party with an indication that each candidate is a

813

candidate for the qualified political party;

814
815
816
817
818

(12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include

on the list provided by the lieutenant governor to the county clerks:
(a) the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b) the names of unopposed candidates for elective office who have been nominated by

819

the qualified political party and instruct the county clerks to exclude such candidates from the

820

primary-election ballot;

821

(13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an

822

elective office in the regular primary election of the qualified political party is nominated by

823

the party for that office without appearing on the primary ballot; and

824

(14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section

825

20A-9-405, the qualified political party is entitled to have the names of its candidates for

826

elective office featured with party affiliation on the ballot at a regular general election.

Legislative Review Note

Office of Legislative Research and General Counsel

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