HB 602

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1Local School Board Election Amendments
                                      2026 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Anthony E. Loubet
                                              Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill moves the election of a local school board member to coincide with the municipal
6   election dates in an odd-numbered year.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ moves a primary election for a local school board office to the date of a municipal
11   primary election;
12▸ moves a general election for a local school board office to the date of a municipal general
13   election;
14▸ modifies the declaration of candidacy period for a local school board office;
15▸ extends the term of office of certain local school board members to effectuate the
16   transition from elections held in even-numbered years to elections held in odd-numbered
17   years; and
18▸ makes technical and conforming amendments.
19   Money Appropriated in this Bill:
20None
21   Other Special Clauses:
22This bill provides a special effective date.
23   Utah Code Sections Affected:
                                                                                                        H.B. 602
24   AMENDS:
2520A-1-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
2620A-1-201, as last amended by Laws of Utah 2023, Chapter 15
2720A-1-201.5, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
2820A-1-202, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
2920A-1-206, as last amended by Laws of Utah 2025, Chapter 448
3020A-3a-601, as last amended by Laws of Utah 2025, Chapters 381, 448
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31      20A-4-301, as last amended by Laws of Utah 2025, Chapter 448
32      20A-5-401, as last amended by Laws of Utah 2023, Chapter 15
33      20A-6-110, as renumbered and amended by Laws of Utah 2025, Chapter 39
34      20A-6-402, as last amended by Laws of Utah 2025, Chapter 39
35      20A-9-203, as last amended by Laws of Utah 2025, Chapters 38, 39 and 448
36      20A-9-403, as last amended by Laws of Utah 2025, Chapters 39, 448
37      20A-9-404, as last amended by Laws of Utah 2025, Chapter 448
38      20A-14-203, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
39
40  Be it enacted by the Legislature of the state of Utah:
41Section 1. Section 20A-1-102 is amended to read:
4220A-1-102 . Definitions.
43     As used in this title:
44  (1) "Active voter" means a registered voter who has not been classified as an inactive voter
45      by the county clerk.
46  (2) "Automatic tabulating equipment" means apparatus that automatically examines and
47      counts votes recorded on ballots and tabulates the results.
48  (3)(a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
49      storage medium, that records an individual voter's vote.
50      (b) "Ballot" does not include a record to tally multiple votes.
51  (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters on
52      the ballot for their approval or rejection including:
53      (a) an opinion question specifically authorized by the Legislature;
54      (b) a constitutional amendment;
55      (c) an initiative;
56      (d) a referendum;
57      (e) a bond proposition;
58      (f) a judicial retention question;
59      (g) an incorporation of a city or town; or
60      (h) any other ballot question specifically authorized by the Legislature.
61  (5) "Bind," "binding," or "bound" means securing more than one piece of paper together
62      using staples or another means in at least three places across the top of the paper in the
63      blank space reserved for securing the paper.
64  (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
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6520A-4-306 to canvass election returns.
66   (7) "Bond election" means an election held for the purpose of approving or rejecting the
67proposed issuance of bonds by a government entity.
68   (8) "Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
69a holiday.
70   (9) "Business reply mail envelope" means an envelope that may be mailed free of charge by
71the sender.
72   (10) "Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
73a business day, or any other type of day.
74   (11) "Canvass" means the review of election returns and the official declaration of election
75results by the board of canvassers.
76   (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at the
77canvass.
78   (13) "Contracting election officer" means an election officer who enters into a contract or
79interlocal agreement with a provider election officer.
80   (14) "Convention" means the political party convention at which party officers and
81delegates are selected.
82   (15) "Counting center" means one or more locations selected by the election officer in
83charge of the election for the automatic counting of ballots.
84   (16) "Counting judge" means a poll worker designated to count the ballots during election
85day.
86   (17) "Counting room" means a suitable and convenient private place or room for use by the
87poll workers and counting judges to count ballots.
88   (18) "County officers" means those county officers that are required by law to be elected.
89   (19) "Date of the election" or "election day" or "day of the election":
90(a) means the day that is specified in the calendar year as the day on which the election
91occurs; and
92(b) does not include:
93(i) deadlines established for voting by mail, military-overseas voting, or emergency
94voting; or
95(ii) any early voting or early voting period as provided under Chapter 3a, Part 6,
96Early Voting.
97   (20) "Elected official" means:
98(a) a person elected to an office under Section 20A-1-303[ or Chapter 4, Part 6,
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99Municipal Alternate Voting Methods Pilot Project];
100      (b) a person who is considered to be elected to a municipal office in accordance with
101Subsection 20A-1-206(1)(c)(ii); or
102      (c) a person who is considered to be elected to a special district office in accordance
103with Subsection 20A-1-206(3)(b)(ii).
104  (21) "Election" means a regular general election, a municipal general election, a statewide
105      special election, a local special election, a regular primary election, a municipal primary
106      election, and a special district election.
107  (22) "Election Assistance Commission" means the commission established by the Help
108      America Vote Act of 2002, Pub. L. No. 107-252.
109  (23) "Election cycle" means the period beginning on the first day on which individuals are
110      eligible to file declarations of candidacy and ending when the canvass is completed.
111  (24) "Election judge" means a poll worker that is assigned to:
112      (a) preside over other poll workers at a polling place;
113      (b) act as the presiding election judge; or
114      (c) serve as a canvassing judge, counting judge, or receiving judge.
115  (25) "Election material" includes:
116      (a) the verification documentation described in Subsection 20A-3a-401(9)(b)(iv);
117      (b) the list of voters contacted to cure a ballot described in Subsection 20A-3a-401(10)(b);
118      (c) the record of rejected and resolved ballots described in Subsection 20A-3a-401(11)(a);
119      (d) any chain of custody documentation described in Section 20A-3a-401.1, including:
120(i) the count of ballots described in Subsection 20A-3a-401.1(3); and
121(ii) the batch log described in Subsection 20A-3a-401.1(5);
122      (e) the record of signature verification audits described in Subsection 20A-3a-402.5(4);
123      (f) the affidavit of compliance described in Subsection 20A-3a-404(2);
124      (g) the physical and electronic log of replicated ballots described in Subsection
12520A-4-104(3);
126      (h) the physical or electronic log of adjudicated ballots described in Section 20A-5-802.5;
127      (i) the record of voter database access described in Subsection 20A-5-905(2);
128      (j) the reports on military and overseas voters described in Section 20A-16-202;
129      (k) scanned copies of return envelopes;
130      (l) a copy of the final election results database described in Section 20A-5-802.5; and
131      (m) the materials used in the programming of the automatic tabulating equipment.
132  (26) "Election officer" means:
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133(a) the lieutenant governor, for all statewide ballots and elections;
134(b) the county clerk for:
135(i) a county ballot and election; and
136(ii) a ballot and election as a provider election officer as provided in Section
13720A-5-400.1 or 20A-5-400.5;
138(c) the municipal clerk for:
139(i) a municipal ballot and election; and
140(ii) a ballot and election as a provider election officer as provided in Section
14120A-5-400.1 or 20A-5-400.5;
142(d) the special district clerk or chief executive officer for:
143(i) a special district ballot and election; and
144(ii) a ballot and election as a provider election officer as provided in Section
14520A-5-400.1 or 20A-5-400.5; or
146(e) the business administrator or superintendent of a school district for:
147(i) a school district ballot and election; and
148(ii) a ballot and election as a provider election officer as provided in Section
14920A-5-400.1 or 20A-5-400.5.
150   (27) "Election official" means any election officer, election judge, or poll worker.
151   (28) "Election results" means:
152(a) for an election other than a bond election, the count of votes cast in the election and
153the election returns requested by the board of canvassers; or
154(b) for bond elections, the count of those votes cast for and against the bond proposition
155plus any or all of the election returns that the board of canvassers may request.
156   (29) "Election results database" means the following information generated by voting
157equipment:
158(a) one or more electronic files that contains a digital interpretation of each ballot that is
159counted in an election;
160(b) a ballot image; and
161(c) other information related to a ballot that is adjudicated under Section 20A-4-105.
162   (30) "Election returns" means:
163(a) the pollbook;
164(b) the military and overseas absentee voter registration and voting certificates;
165(c) one of the tally sheets;
166(d) any unprocessed ballots;
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167      (e) all counted ballots;
168      (f) all excess ballots;
169      (g) all unused ballots;
170      (h) all spoiled ballots;
171      (i) all ballot disposition forms, including any provisional ballot disposition forms;
172      (j) the final election results database described in Section 20A-5-802.5;
173      (k) all return envelopes;
174      (l) any provisional ballot envelopes; and
175      (m) the total votes cast form.
176  (31) "Electronic signature" means an electronic sound, symbol, or process attached to or
177      logically associated with a record and executed or adopted by a person with the intent to
178      sign the record.
179  (32) "Holiday" means a legal holiday described in Subsections 63G-1-301(1) and (2).
180  (33) "Inactive voter" means a registered voter who is listed as inactive by a county clerk
181      under Subsection 20A-2-505(4)(c)(i) or (ii).
182  (34) "Judicial office" means the office filled by any judicial officer.
183  (35) "Judicial officer" means any justice or judge of a court of record or any county court
184      judge.
185  (36) "Local election" means a regular county election, a regular municipal election, a
186      municipal primary election, a local special election, a special district election, and a
187      bond election.
188  (37) "Local political subdivision" means a county, a municipality, a special district, or a
189      local school district.
190  (38) "Local special election" means a special election called by the governing body of a
191      local political subdivision in which all registered voters of the local political subdivision
192      may vote.
193  (39) "Manual ballot" means a paper document produced by an election officer on which an
194      individual records an individual's vote by directly placing a mark on the paper document
195      using a pen or other marking instrument.
196  (40) "Mechanical ballot" means a record, including a paper record, electronic record, or
197      mechanical record, that:
198      (a) is created via electronic or mechanical means; and
199      (b) records an individual voter's vote cast via a method other than an individual directly
200placing a mark, using a pen or other marking instrument, to record an individual
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201voter's vote.
202   (41) "Municipal executive" means:
203(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
204(b) the mayor in the council-manager form of government defined in Subsection
20510-3b-103(6).
206   (42) "Municipal general election" means the election held in [municipalities] municipalities'
207local school districts, and, as applicable, special districts on the first Tuesday after the
208first Monday in November of each odd-numbered year for the purposes established in
209Section 20A-1-202.
210   (43) "Municipal legislative body" means the council of the city or town in any form of
211municipal government.
212   (44) "Municipal office" means an elective office in a municipality.
213   (45) "Municipal officers" means those municipal officers that are required by law to be
214elected.
215   (46) "Municipal primary election" means an election held to nominate candidates for
216municipal office or local school board office.
217   (47) "Municipality" means a city or town.
218   (48) "Official ballot" means the ballots distributed by the election officer for voters to
219record their votes.
220   (49) "Official endorsement" means the information on the ballot that identifies:
221(a) the ballot as an official ballot;
222(b) the date of the election; and
223(c)(i) for a ballot prepared by an election officer other than a county clerk, the
224facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
225(ii) for a ballot prepared by a county clerk, the words required by Subsection
22620A-6-301(1)(b)(iii).
227   (50) "Official register" means the official record furnished to election officials by the
228election officer that contains the information required by Section 20A-5-401.
229   (51) "Political party" means an organization of registered voters that has qualified to
230participate in an election by meeting the requirements of Chapter 8, Political Party
231Formation and Procedures.
232   (52)(a) "Poll worker" means a person assigned by an election official to assist with an
233election, voting, or counting votes.
234(b) "Poll worker" includes election judges.
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235      (c) "Poll worker" does not include a watcher.
236  (53) "Pollbook" means a record of the names of voters in the order that the voters appear to
237      cast votes.
238  (54) "Polling place" means a building where voting is conducted.
239  (55) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
240      which the voter marks the voter's choice.
241  (56) "Presidential Primary Election" means the election established in Chapter 9, Part 8,
242      Presidential Primary Election.
243  (57) "Primary convention" means the political party conventions held during the year of the
244      regular general election.
245  (58) "Protective counter" means a separate counter, which cannot be reset, that:
246      (a) is built into a voting machine; and
247      (b) records the total number of movements of the operating lever.
248  (59) "Provider election officer" means an election officer who enters into a contract or
249      interlocal agreement with a contracting election officer to conduct an election for the
250      contracting election officer's local political subdivision in accordance with Section
251      20A-5-400.1.
252  (60) "Provisional ballot" means a ballot voted provisionally by a person:
253      (a) whose name is not listed on the official register at the polling place;
254      (b) whose legal right to vote is challenged as provided in this title; or
255      (c) whose identity was not sufficiently established by a poll worker.
256  (61) "Provisional ballot envelope" means an envelope printed in the form required by
257      Section 20A-6-105 that is used to identify provisional ballots and to provide information
258      to verify a person's legal right to vote.
259  (62)(a) "Public figure" means an individual who, due to the individual being considered
260      for, holding, or having held a position of prominence in a public or private capacity,
261      or due to the individual's celebrity status, has an increased risk to the individual's
262      safety.
263      (b) "Public figure" does not include an individual:
264(i) elected to public office; or
265(ii) appointed to fill a vacancy in an elected public office.
266  (63) "Qualify" or "qualified" means to take the oath of office and begin performing the
267      duties of the position for which the individual was elected.
268  (64) "Receiving judge" means the poll worker that checks the voter's name in the official
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269register at a polling place and provides the voter with a ballot.
270   (65) "Registration form" means a form by which an individual may register to vote under
271this title.
272   (66) "Regular ballot" means a ballot that is not a provisional ballot.
273   (67) "Regular general election" means the election held throughout the state on the first
274Tuesday after the first Monday in November of each even-numbered year for the
275purposes established in Section 20A-1-201.
276   (68) "Regular primary election" means the election, held on the date specified in Section
27720A-1-201.5, to nominate candidates of political parties [and candidates for nonpartisan
278local school board positions ]to advance to the regular general election.
279   (69) "Resident" means a person who resides within a specific voting precinct in Utah.
280   (70) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
281provided to a voter with a manual ballot:
282(a) into which the voter places the manual ballot after the voter has voted the manual
283ballot in order to preserve the secrecy of the voter's vote; and
284(b) that includes the voter affidavit and a place for the voter's signature.
285   (71) "Sample ballot" means a mock ballot similar in form to the official ballot, published as
286provided in Section 20A-5-405.
287   (72) "Special district" means a local government entity under Title 17B, Limited Purpose
288Local Government Entities - Special Districts, and includes a special service district
289under Title 17D, Chapter 1, Special Service District Act.
290   (73) "Special district officers" means those special district board members who are required
291by law to be elected.
292   (74) "Special election" means an election held as authorized by Section 20A-1-203.
293   (75) "Spoiled ballot" means each ballot that:
294(a) is spoiled by the voter;
295(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
296(c) lacks the official endorsement.
297   (76) "Statewide special election" means a special election called by the governor or the
298Legislature in which all registered voters in Utah may vote.
299   (77) "Tabulation system" means a device or system designed for the sole purpose of
300tabulating votes cast by voters at an election.
301   (78) "Ticket" means a list of:
302(a) political parties;
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303      (b) candidates for an office; or
304      (c) ballot propositions.
305  (79) "Transfer case" means the sealed box used to transport voted ballots to the counting
306      center.
307  (80) "Vacancy" means:
308      (a) except as provided in Subsection (80)(b), the absence of an individual to serve in a
309position created by state constitution or state statute, whether that absence occurs
310because of death, disability, disqualification, resignation, or other cause; or
311      (b) in relation to a candidate for a position created by state constitution or state statute,
312the removal of a candidate due to the candidate's death, resignation, or
313disqualification.
314  (81) "Valid voter identification" means:
315      (a) a form of identification that bears the name and photograph of the voter which may
316include:
317(i) a currently valid Utah driver license;
318(ii) a currently valid identification card issued under Title 53, Chapter 3, Part 8,
319Identification Card Act;
320(iii) a currently valid identification card that is issued by:
321(A) the state; or
322(B) a branch, department, or agency of the United States;
323(iv) a currently valid Utah permit to carry a concealed weapon;
324(v) a currently valid United States passport; or
325(vi) a currently valid United States military identification card;
326      (b) one of the following identification cards, regardless of whether the card includes a
327photograph of the voter:
328(i) a valid tribal identification card;
329(ii) a Bureau of Indian Affairs card; or
330(iii) a tribal treaty card; or
331      (c) two forms of identification not listed under Subsection (81)(a) or (b) but that bear the
332name of the voter and provide evidence that the voter resides in the voting precinct,
333which may include:
334(i) before January 1, 2029, an original or copy of a current utility bill, dated no more
335than 90 calendar days before the date of the election;
336(ii) before January 1, 2029, an original or copy of a bank or other financial account
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337statement, dated no more than 90 calendar days before the date of the election;
338(iii) a certified birth certificate;
339(iv) a valid social security card;
340(v) an original or copy of a check issued by the state or the federal government, dated
341no more than 90 calendar days before the date of the election;
342(vi) an original or copy of a paycheck from the voter's employer, dated no more than
34390 calendar days before the date of the election;
344(vii) a currently valid Utah hunting or fishing license;
345(viii) certified naturalization documentation;
346(ix) a currently valid license issued by an authorized agency of the United States;
347(x) a certified copy of court records showing the voter's adoption or name change;
348(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer [Card] card;
349(xii) a currently valid identification card issued by:
350(A) a local government within the state;
351(B) an employer for an employee; or
352(C) a college, university, technical school, or professional school located within
353the state; or
354(xiii) a current Utah vehicle registration.
355   (82) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
356by following the procedures and requirements of this title.
357   (83) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
358(a) mailing the ballot to the location designated in the mailing; or
359(b) depositing the ballot in a ballot drop box designated by the election officer.
360   (84) "Voter" means an individual who:
361(a) meets the requirements for voting in an election;
362(b) meets the requirements of election registration;
363(c) is registered to vote; and
364(d) is listed in the official register.
365   (85) "Voter registration deadline" means the registration deadline provided in Section
36620A-2-102.5.
367   (86) "Voting area" means the area within six feet of the voting booths, voting machines,
368and ballot box.
369   (87) "Voting booth" means:
370(a) the space or compartment within a polling place that is provided for the preparation
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371of ballots, including the voting enclosure or curtain; or
372      (b) a voting device that is free standing.
373  (88) "Voting device" means any device provided by an election officer for a voter to vote a
374      mechanical ballot.
375  (89) "Voting precinct" means the smallest geographical voting unit, established under
376      Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
377  (90) "Watcher" means an individual who complies with the requirements described in
378      Section 20A-3a-801 to become a watcher for an election.
379  (91) "Write-in ballot" means a ballot containing any write-in votes.
380  (92) "Write-in vote" means a vote cast for an individual, whose name is not printed on the
381      ballot, in accordance with the procedures established in this title.
382Section 2. Section 20A-1-201 is amended to read:
38320A-1-201 . Date and purpose of regular general elections.
384  (1) A regular general election shall be held throughout the state on the first Tuesday after
385      the first Monday in November of each even-numbered year.
386  (2) At the regular general election, the voters shall:
387      (a) choose persons to serve the terms established by law for the following offices:
388(i) electors of [President] president and [Vice President] vice president of the United
389States;
390(ii) United States [Senators] senators;
391(iii) [Representatives] representatives to the United States Congress;
392(iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
393(v) senators and representatives to the Utah Legislature;
394(vi) county officers;
395(vii) [State School Board] state school board members;
396(viii) local school board members for a new school district or a reorganized new
397school district under Section 53G-3-302;
398(ix) except as provided in Subsection (3), special district officers, as applicable; and
399(x) any elected judicial officers; and
400      (b) approve or reject:
401(i) any proposed amendments to the Utah Constitution that have qualified for the
402ballot under procedures established in the Utah Code;
403(ii) any proposed initiatives or referenda that have qualified for the ballot under
404procedures established in the Utah Code; and
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405(iii) any other ballot propositions submitted to the voters that are authorized by the
406Utah Code.
407   (3) This section:
408(a) applies to a special service district for which the county legislative body or the
409municipal legislative body, as applicable, has delegated authority for the special
410service district to an administrative control board; and
411(b) does not apply to a special service district for which the county legislative body or
412the municipal legislative body, as applicable, has not delegated authority for the
413special service district to an administrative control board.
414Section 3. Section 20A-1-201.5 is amended to read:
41520A-1-201.5 . Primary election dates.
416   (1) The regular primary election shall be held throughout the state on the fourth Tuesday of
417June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
41820A-9-408, as applicable, to nominate persons for[ ] :
419(a) national, state, [school board, ]and county offices[.] ; or
420(b) local school board office for a new school district or a reorganized new school
421district under Section 53G-3-302.
422   (2) A municipal primary election shall be held, if necessary, on the second Tuesday
423following the first Monday in August before the regular municipal election to nominate
424persons for:
425(a) municipal offices; or
426(b) local school board office[ for a new school district or a reorganized new school
427district under Section 53G-3-302].
428   (3) A presidential primary election shall be held throughout the state on the first Tuesday in
429March in the year in which a presidential election will be held.
430Section 4. Section 20A-1-202 is amended to read:
43120A-1-202 . Date and purpose of municipal general election.
432   (1) Except as provided in Section 20A-1-206, a municipal general election shall be held in
433municipalities, local school districts, and special districts as applicable, on the first
434Tuesday after the first Monday in November of each odd-numbered year.
435   (2) At the municipal general election, the voters shall:
436(a)(i) choose persons to serve as municipal officers;
437(ii) for a special district that holds an election during an odd-numbered year, choose
438persons to serve as special district officers; and
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439(iii) choose persons to serve as local school board members[ for a new school district
440or a reorganized new school district under Section 53G-3-302]; and
441      (b) approve or reject:
442(i) any proposed initiatives or referenda that have qualified for the ballot as provided
443by law; and
444(ii) any other ballot propositions submitted to the voters that are authorized by the
445Utah Code.
446Section 5. Section 20A-1-206 is amended to read:
44720A-1-206 . Cancellation of local election or local race -- Municipalities -- Special
448  districts -- Notice.
449  (1) As used in this section:
450      (a) "Contested race" means a race in a general election where the number of candidates,
451including any eligible write-in candidates, exceeds the number of offices to be filled
452in the race.
453      (b) "Election" means an event, run by an election officer, that includes one or more races
454for public office or one or more ballot propositions.
455      (c)(i) "Race" means a contest between candidates to obtain the number of votes
456necessary to take a particular public office.
457(ii) "Race," as the term relates to a contest for an at-large position, includes all open
458positions for the same at-large office.
459(iii) "Race," as the term relates to a contest for a municipal council position that is not
460an at-large position, includes only the contest to represent a particular district on
461the council.
462  (2) A municipal legislative body may cancel a local election if:
463      (a) the ballot for the local election will not include any contested races or ballot
464propositions; and
465      (b) the municipal legislative body passes, no later than 20 calendar days before the day
466of the scheduled election, a resolution that cancels the election and certifies that:
467(i) the ballot for the election would not include any contested races or ballot
468propositions; and
469(ii) the candidates who qualified for the ballot are considered elected.
470  (3) A municipal legislative body may cancel a race in a local election if:
471      (a) the ballot for the race will not include any contested races or ballot propositions; and
472      (b) the municipal legislative body passes, no later than 20 calendar days before the day
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02-26 08:52  H.B. 602
473of the scheduled election, a resolution that cancels the race and certifies that:
474(i) the ballot for the race would not include any contested races or ballot propositions;
475and
476(ii) the candidate for the race is considered elected.
477   (4) A municipal legislative body that cancels a local election in accordance with Subsection
478(2) shall give notice that the election is cancelled by:
479(a) subject to Subsection [(8)] (10), providing notice to the lieutenant governor's office to
480be posted on the Statewide Electronic Voter Information Website described in
481Section 20A-7-801, for at least 15 calendar days before the day of the scheduled
482election; and
483(b) providing notice for the municipality, as a class A notice under Section 63G-30-102,
484for at least 15 calendar days before the day of the scheduled election.
485   (5) A special district board may cancel a local election if:
486(a) the ballot for the local election will not include any contested races or ballot
487propositions; and
488(b) the special district board passes, no later than 20 calendar days before the day of the
489scheduled election, a resolution that cancels the election and certifies that:
490(i) the ballot for the election would not include any contested races or ballot
491propositions; and
492(ii) the candidates who qualified for the ballot are considered elected.
493   (6) A special district board may cancel a special district race if:
494(a) the race is uncontested; and
495(b) the special district board passes, no later than 20 calendar days before the day of the
496scheduled election, a resolution that cancels the race and certifies that the candidate
497who qualified for the ballot for that race is considered elected.
498   (7) A special district that cancels a local election in accordance with Subsection (5) shall
499provide notice that the election is cancelled:
500(a) subject to Subsection [(8)] (10), by posting notice on the Statewide Electronic Voter
501Information Website described in Section 20A-7-801, for at least 15 calendar days
502before the day of the scheduled election; and
503(b) as a class A notice under Section 63G-30-102, for at least 15 calendar days before
504the day of the scheduled election.
505   (8) A local school district board may cancel a local school district race if:
506(a) the race is uncontested; and
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H.B. 602  02-26 08:52
507      (b) the local school district board passes, no later than 20 calendar days before the day of
508the scheduled election, a resolution that cancels the race and certifies that the
509candidate who qualified for the ballot for that race is considered elected.
510  (9) A local school district board that cancels an election in accordance with Subsection (8)
511      shall provide notice that the election is canceled:
512      (a) subject to Subsection (10), by posting notice on the Statewide Electronic Voter
513Information Website described in Section 20A-7-801, for at least 15 calendar days
514before the day of the scheduled election; and
515      (b) as a class A notice under Section 63G-30-102, for at least 15 calendar days before
516the day of the scheduled election.
517  [(8)] (10) A municipal legislative body that posts a notice in accordance with Subsection
518      (4)(a)[ or] , a special district that posts a notice in accordance with Subsection (7)(a), or a
519      local school district that posts a notice in accordance with Subsection (9)(a) is not liable
520      for a notice that fails to post due to technical or other error by the publisher of the
521      Statewide Electronic Voter Information Website.
522Section 6. Section 20A-3a-601 is amended to read:
52320A-3a-601 . Early voting.
524  (1)(a) An individual who is registered to vote may vote at a polling place before the
525      election date in accordance with this section.
526      (b) Except as provided in Subsection 20A-2-207(6), an individual who is not registered
527to vote may register to vote and vote at a polling place before the election date in
528accordance with this section if the individual:
529(i) is otherwise legally entitled to vote the ballot; and
530(ii) casts a provisional ballot in accordance with Section 20A-2-207.
531  (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period:
532      (a) begins on the date that is 14 calendar days before the date of the election; and
533      (b) continues through the Friday before the election if the election date is a Tuesday.
534  (3)(a) An election officer may extend the end of the early voting period to the day before
535      the election date if the election officer provides notice of the extension in accordance
536      with Section 20A-3a-604.
537      (b) For a municipal election, the municipal clerk may reduce the early voting period
538described in this section if:
539(i) the municipal clerk conducts early voting on at least four days;
540(ii) the early voting days are within the period beginning on the date that is 14
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02-26 08:52  H.B. 602
541calendar days before the date of the election and ending on the day before the
542election; and
543(iii) the municipal clerk provides notice of the reduced early voting period in
544accordance with Section 20A-3a-604.
545(c) For a county election or a local school board election, the county clerk may reduce
546the early voting period described in this section if:
547(i) the county clerk conducts early voting on at least four days;
548(ii) the early voting days are within the period beginning on the date that is 14
549calendar days before the date of the election and ending on the day before the
550election; and
551(iii) the county clerk provides notice of the reduced early voting period in accordance
552with Section 20A-3a-604.
553   (4) Except as provided in Section 20A-1-308, during the early voting period, the election
554officer:
555(a) for a local special election, a local school board election, a municipal primary
556election, and a municipal general election:
557(i) shall conduct early voting on a minimum of four days during each week of the
558early voting period; and
559(ii) shall conduct early voting on the last day of the early voting period; and
560(b) for all other elections:
561(i) shall conduct early voting on each weekday; and
562(ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
563   (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308, early
564voting shall be administered in accordance with the requirements of this title.
565Section 7. Section 20A-4-301 is amended to read:
56620A-4-301 . Board of canvassers.
567   (1)(a) Each county legislative body is the board of county canvassers for:
568(i) the county; and
569(ii) each special district whose election is conducted by the county if:
570(A) the election relates to the creation of the special district;
571(B) the county legislative body serves as the governing body of the special
572district; or
573(C) there is no duly constituted governing body of the special district.
574(b) The board of county canvassers shall meet to canvass the returns at the usual place of
                                                   - 17 -
H.B. 602  02-26 08:52
575meeting of the county legislative body, at a date and time determined by the county
576clerk that is no sooner than seven calendar days after the day of the election and no
577later than 14 calendar days after the day of the election.
578      (c) If one or more of the county legislative body fails to attend the meeting of the board
579of county canvassers, the remaining members shall replace the absent member by
580appointing in the order named:
581(i) the county treasurer;
582(ii) the county assessor; or
583(iii) the county sheriff.
584      (d) Attendance of the number of persons equal to a simple majority of the county
585legislative body, but not less than three persons, shall constitute a quorum for
586conducting the canvass.
587      (e) The county clerk is the clerk of the board of county canvassers.
588  (2)(a) The mayor and the municipal legislative body are the board of municipal
589      canvassers for the municipality.
590      (b) The board of municipal canvassers shall meet to canvass the returns at the usual
591place of meeting of the municipal legislative body:
592(i) for canvassing of returns from a municipal general election, no sooner than seven
593calendar days after the day of the election and no later than 14 calendar days after
594the day of the election; or
595(ii) for canvassing of returns from a municipal primary election, no sooner than seven
596calendar days after the day of the election and no later than 14 calendar days after
597the election.
598      (c) Attendance of a simple majority of the municipal legislative body shall constitute a
599quorum for conducting the canvass.
600  (3)(a) The legislative body of the entity authorizing a bond election is the board of
601      canvassers for each bond election.
602      (b) The board of canvassers for the bond election shall comply with the canvassing
603procedures and requirements of Section 11-14-207.
604      (c) Attendance of a simple majority of the legislative body of the entity authorizing a
605bond election shall constitute a quorum for conducting the canvass.
606  (4)(a) If a board of trustees or an administrative control board is the governing body of a
607      special district, the board of trustees or the administrative control board is the board
608      of special district canvassers for the special district.
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02-26 08:52  H.B. 602
609(b) The board of special district canvassers shall meet to canvass the returns at the usual
610place of meeting for the board of trustees or the administrative control board, as
611applicable, at a date and time determined by the special district clerk that is no sooner
612than seven calendar days after the day of the election and no later than 14 calendar
613days after the day of the election.
614(c) Attendance of a simple majority of the board of trustees or the administrative control
615board is a quorum for conducting the canvass.
616   (5) Except as provided in Subsection (6), the board of canvassers for a local school district
617election is the local school district board.
618   [(5)] (6) In relation to an election for the creation of a new school district under Section
61953G-3-301.1, 53G-3-301.3, or 53G-3-301.4, or in relation to an election of members of a
620local school board for a new school district or a reorganized new school district under
621Section 53G-3-302, the board of canvassers is:
622(a) if the voters permitted to vote in the election are all residents of the same
623municipality, the mayor and the municipal legislative body;
624(b) if the voters permitted to vote in the election are not all residents of the same
625municipality, but are all residents of the same county, the county legislative body; or
626(c) if the voters permitted to vote in the election are not all residents of the same
627municipality and are not all residents of the same county, the county legislative body
628of the county where the majority of the voters permitted to vote in the election are
629residents.
630Section 8. Section 20A-5-401 is amended to read:
63120A-5-401 . Official register -- Preparation -- Contents.
632   (1)(a) Before the registration days for each regular general, municipal general, regular
633primary, municipal primary, or presidential primary election, each county clerk shall
634prepare an official register of all voters that will participate in the election.
635(b) The county clerk shall ensure that the official register is prepared and contains the
636following for each registered voter:
637(i) name;
638(ii) party affiliation;
639(iii) an entry field for a voter challenge, including the name of the individual making
640the challenge and the grounds for the challenge;
641(iv) election name and date;
642(v) date of birth;
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H.B. 602  02-26 08:52
643(vi) place of current residence;
644(vii) street address of current residence;
645(viii) zip code;
646(ix) identification and provisional ballot information as required under Subsection
647(1)(d); and
648(x) space for the voter to sign the voter's name for the election.
649      (c) When preparing the official register for the presidential primary election, the county
650clerk shall include:
651(i) an entry field to record the name of the political party whose ballot the voter
652voted; and
653(ii) an entry field for the poll worker to record changes in the voter's party affiliation.
654      (d) When preparing the official register for any regular general election, municipal
655general election, statewide special election, local special election, regular primary
656election, municipal primary election, special district election, or election for federal
657office, the county clerk shall include:
658(i) an entry field for the poll worker to record the type of identification provided by
659the voter;
660(ii) a space for the poll worker to record the provisional envelope ballot number for
661voters who receive a provisional ballot; and
662(iii) a space for the poll worker to record the type of identification that was provided
663by voters who receive a provisional ballot.
664  (2)(a)(i) For regular and municipal elections, primary elections, regular municipal
665      elections, special district elections, and bond elections, the county clerk shall
666      make an official register only for voting precincts affected by the primary,
667      municipal, special district, local school district, or bond election.
668(ii) If a polling place to be used in a bond election serves both voters residing in the
669local political subdivision calling the bond election and voters residing outside of
670that local political subdivision, the official register shall designate whether each
671voter resides in or outside of the local political subdivision.
672(iii) Each county clerk, with the assistance of the clerk of each affected special
673district, shall provide a detailed map or an indication on the registration list or
674other means to enable a poll worker to determine the voters entitled to vote at an
675election of special district officers.
676      (b) Municipalities shall pay the costs of making the official register for municipal
                                                  - 20 -
02-26 08:52  H.B. 602
677elections.
678Section 9. Section 20A-6-110 is amended to read:
67920A-6-110 . Master ballot position list -- Random selection -- Procedures --
680   Publication -- Surname -- Exemptions -- Ballot order.
681   (1) As used in this section, "master ballot position list" means an official list of the 26
682characters in the alphabet listed in random order and numbered from one to 26 as
683provided under Subsection (2).
684   (2) The lieutenant governor shall:
685(a) within 30 calendar days after the day of the candidate filing deadline in each
686even-numbered year, conduct a random selection to create a master ballot position
687list for all elections in accordance with procedures established under Subsection (2)(c);
688(b) publish the master ballot position list on the lieutenant governor's election website no
689later than 15 calendar days after the day on which the lieutenant governor creates the
690list; and
691(c) establish written procedures for:
692(i) the election official to use the master ballot position list; and
693(ii) the lieutenant governor in:
694(A) conducting the random selection in a fair manner; and
695(B) providing a record of the random selection process used.
696   (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
697election officer shall use the master ballot position list for the current year to determine
698the order in which to list candidates on the ballot for an election held during the year.
699   (4) To determine the order in which to list candidates on the ballot required under
700Subsection (3), the election officer shall apply the randomized alphabet using:
701(a) the candidate's surname;
702(b) for candidates with a surname that has the same spelling:
703(i) the candidate's legal first name; or
704(ii) if the candidates also have a legal first name that has the same spelling, the
705candidate's legal middle name; and
706(c) the surname of the president and the surname of the governor for an election for the
707offices of president and vice president and governor and lieutenant governor.
708   (5) Subsections (1) through (4) do not apply to:
709(a) an election for an office for which only one candidate is listed on the ballot; or
710(b) a judicial retention election under Section 20A-12-201.
                                                 - 21 -
H.B. 602  02-26 08:52
711  (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
712      appear separately, in the following order:
713      (a) for federal office:
714(i) president and vice president of the United States;
715(ii) United States Senate office; and
716(iii) United States House of Representatives office;
717      (b) for state office:
718(i) governor and lieutenant governor;
719(ii) attorney general;
720(iii) state auditor;
721(iv) state treasurer;
722(v) state Senate office;
723(vi) state House of Representatives office; and
724(vii) State Board of Education member;
725      (c) for county office:
726(i) county executive office;
727(ii) county legislative body member;
728(iii) county assessor;
729(iv) county or district attorney;
730(v) county auditor;
731(vi) county clerk;
732(vii) county recorder;
733(viii) county sheriff;
734(ix) county surveyor; and
735(x) county treasurer;[ and]
736[(xi) local school board member;]
737      (d) for municipal office:
738(i) mayor; and
739(ii) city or town council member;
740      (e) local school district board member;
741      [(e)] (f) elected planning and service district council member;
742      [(f)] (g) judicial retention questions; and
743      [(g)] (h) ballot propositions not described in Subsection [(6)(f)] (6)(g).
744  (7)(a) A ticket for a race for a combined office shall appear on the ballot in the place of
                                                   - 22 -
02-26 08:52  H.B. 602
745the earliest ballot ticket position that is reserved for an office that is subsumed in the
746combined office.
747(b) Each ticket, other than a ticket described in Subsection [(6)(f)] (6)(g), shall list:
748(i) each candidate in accordance with Subsections (1) through (4); and
749(ii) except as otherwise provided in this title, the party name, initials, or title
750following each candidate's name.
751Section 10. Section 20A-6-402 is amended to read:
75220A-6-402 . Ballots for municipal general elections and local school board
753   elections.
754   (1) [Except as otherwise required for a race conducted by instant runoff voting under Title
75520A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, for] For a
756manual ballot at a municipal general election or a local school board election, an election
757officer shall ensure that:
758(a) the names of the two candidates who received the highest number of votes for mayor
759in the municipal primary are placed upon the ballot;
760(b) if no municipal primary election was held, the names of the candidates who filed
761declarations of candidacy for municipal offices or local school board office are
762placed upon the ballot;
763(c) for other offices:
764(i) twice the number of candidates as there are positions to be filled are certified as
765eligible for election in the municipal general election from those candidates who
766received the greater number of votes in the primary election; and
767(ii) the names of those candidates are placed upon the municipal general election
768ballot;
769(d) the names of the candidates are placed on the ballot in accordance with Sections
77020A-6-109 and 20A-6-110;
771(e) in an election in which a voter is authorized to cast a write-in vote and where a
772write-in candidate is qualified under Section 20A-9-601, a write-in area is placed
773upon the ballot that contains, for each office in which there is a qualified write-in
774candidate:
775(i) a blank, horizontal line to enable a voter to submit a valid write-in candidate; and
776(ii) a square or other conforming area that is adjacent to or opposite the blank
777horizontal line to enable the voter to indicate the voter's vote;
778(f) ballot propositions that have qualified for the ballot, including propositions submitted
                                                 - 23 -
H.B. 602  02-26 08:52
779to the voters by the municipality, municipal initiatives, and municipal referenda, are
780listed on the ballot in accordance with Section 20A-6-107; and
781      (g) bond propositions that have qualified for the ballot are listed on the ballot under the
782title assigned to each bond proposition under Section 11-14-206.
783  (2) [Except as otherwise required for a race conducted by instant runoff voting under Title
784      20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when] When
785      using a mechanical ballot at municipal general elections, each election officer shall
786      ensure that:
787      (a) the following endorsements are displayed on the first portion of the ballot:
788(i) "Official Ballot for ____ (City or Town), Utah";
789(ii) the date of the election; and
790(iii) a facsimile of the signature of the election officer and the election officer's title;
791      (b) immediately below the election officer's title, a distinct border or line separates the
792endorsements from the rest of the ballot;
793      (c) immediately below the border or line, an "Instructions to Voters" section is displayed
794that states: "To vote for a candidate, select the name(s) of the person(s) you favor as
795the candidate(s) for each respective office." followed by another border or line;
796      (d) after the border or line, the designation of the office for which the candidates seek
797election is displayed, and the words, "Vote for one" or "Vote for up to _____ (the
798number of candidates for which the voter may vote)" are displayed, followed by a
799line or border;
800      (e) after the line or border, the names of the candidates are displayed in accordance with
801Sections 20A-6-109 and 20A-6-110, with surnames last and grouped according to the
802office that the candidates seek;
803      (f) a voting square or position is located adjacent to the name of each candidate;
804      (g) following the name of the last candidate for each office in which a write-in candidate
805is qualified under Section 20A-9-601, the ballot contains a write-in space where the
806voter may enter the name of and vote for a valid write-in candidate for the office; and
807      (h) the candidate groups are separated from each other by a line or border.
808  (3) When a municipality has chosen to nominate candidates by convention or committee,
809      the election officer shall ensure that the party name is included with the candidate's
810      name on the ballot.
811Section 11. Section 20A-9-203 is amended to read:
81220A-9-203 . Declarations of candidacy -- Municipal general elections --
                                                  - 24 -
02-26 08:52  H.B. 602
813   Nomination petition -- Removal of signature.
814   (1) An individual may become a candidate for any municipal office if:
815(a) the individual is a registered voter; and
816(b)(i) the individual has resided within the municipality in which the individual seeks
817to hold elective office for the 12 consecutive months immediately before the date
818of the election; or
819(ii) the territory in which the individual resides was annexed into the municipality,
820the individual has resided within the annexed territory or the municipality the 12
821consecutive months immediately before the date of the election.
822   (2)(a) For purposes of determining whether an individual meets the residency
823requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than
82412 months before the election, the municipality is considered to have been
825incorporated 12 months before the date of the election.
826(b) In addition to the requirements of Subsection (1), each candidate for a municipal
827council position shall, if elected from a district, be a resident of the council district
828from which the candidate is elected.
829(c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
830individual, an individual convicted of a felony, or an individual convicted of treason
831or a crime against the elective franchise may not hold office in this state until the
832right to hold elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
833   (3)(a) An individual seeking to become a candidate for a municipal office shall,
834regardless of the nomination method by which the individual is seeking to become a
835candidate:
836(i) except as provided in Subsection (3)(b)[,] or Section 10-2a-214, [or Chapter 4,
837Part 6, Municipal Alternate Voting Methods Pilot Project, ]and subject to
838Subsection 20A-9-404(3)(e), file a declaration of candidacy, in person with the
839city recorder or town clerk, during the filing period described in Subsection (3)(d)
840and the office hours described in Subsection 10-3-301(3); and
841(ii) pay the filing fee, if one is required by municipal ordinance.
842(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
843declaration of candidacy with the city recorder or town clerk if:
844(i) the individual is located outside of the state during the entire filing period;
845(ii) the designated agent appears in person before the city recorder or town clerk;
846(iii) the individual communicates with the city recorder or town clerk using an
                                                 - 25 -
H.B. 602  02-26 08:52
847electronic device that allows the individual and city recorder or town clerk to see
848and hear each other; and
849(iv) the individual provides the city recorder or town clerk with an email address to
850which the city recorder or town clerk may send the individual the copies described
851in Subsection (4).
852      (c) Any resident of a municipality may nominate a candidate for a municipal office by:
853(i) [except as provided in Chapter 4, Part 6, Municipal Alternate Voting Methods
854Pilot Project, ]filing a nomination petition with the city recorder or town clerk
855during the filing period described in Subsection (3)(d) and the office hours
856described in Subsection 10-3-301(3) that includes signatures in support of the
857nomination petition of the lesser of at least:
858(A) 25 registered voters who reside in the municipality; or
859(B) 20% of the registered voters who reside in the municipality; and
860(ii) paying the filing fee, if one is required by municipal ordinance.
861      (d) The filing period to file a declaration of candidacy for an elective office that is to be
862filled at the next municipal general election, including a local school board office:
863(i) begins at 8 a.m. on the later of:
864(A) June 1 of the year in which the next municipal general election is held; or
865(B) if June 1 is not a business day, the first business day after June 1; and
866(ii) ends at 5 p.m. on the fourth business day after the day on which the filing period
867begins.
868  (4)(a) Before the filing officer may accept any declaration of candidacy or nomination
869      petition, the filing officer shall:
870(i) read to the prospective candidate or individual filing the petition the constitutional
871and statutory qualification requirements for the office that the candidate is seeking;
872(ii) require the candidate or individual filing the petition to state whether the
873candidate meets the requirements described in Subsection (4)(a)(i); and
874(iii) inform the candidate or the individual filing the petition that an individual who
875holds a municipal elected office may not, at the same time, hold a county elected
876office or local school board office.
877      (b) If the prospective candidate does not meet the qualification requirements for the
878office, the filing officer may not accept the declaration of candidacy or nomination
879petition.
880      (c) If it appears that the prospective candidate meets the requirements of candidacy, the
                                                   - 26 -
02-26 08:52  H.B. 602
881filing officer shall:
882(i) inform the candidate that, subject to Section 20A-6-109, the candidate's name will
883appear on the ballot as it is written on the declaration of candidacy;
884(ii) provide the candidate with a copy of the current campaign financial disclosure
885laws for the office the candidate is seeking and inform the candidate that failure to
886comply will result in disqualification as a candidate and removal of the candidate's
887name from the ballot;
888(iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
889Electronic Voter Information Website Program and inform the candidate of the
890submission deadline under Subsection 20A-7-801(4)(a);
891(iv) inform the candidate that the candidate must provide the filing officer with an
892email address that the candidate actively monitors:
893(A) to receive a communication from a filing officer or an election officer; and
894(B) if the candidate wishes to display a candidate profile on the Statewide
895Electronic Voter Information Website, to submit to the website the
896biographical and other information described in Subsection 20A-7-801(4)(a)(ii);
897(v) inform the candidate that the email address described in Subsection (4)(c)(iv) is
898not a record under Title 63G, Chapter 2, Government Records Access and
899Management Act;
900(vi) obtain from the candidate the email address described in Subsection (4)(c)(iv);
901(vii) provide the candidate with a copy of the pledge of fair campaign practices
902described under Section 20A-9-206 and inform the candidate that:
903(A) signing the pledge is voluntary; and
904(B) signed pledges shall be filed with the filing officer; and
905(viii) accept the declaration of candidacy or nomination petition.
906(d) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
907shall:
908(i) accept the candidate's pledge; and
909(ii) if the candidate has filed for a partisan office, provide a certified copy of the
910candidate's pledge to the chair of the county or state political party of which the
911candidate is a member.
912   (5)(a) The declaration of candidacy shall be in substantially the following form:
913"I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
914____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
                                                - 27 -
H.B. 602  02-26 08:52
915      (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
916      (stating the term). I will meet the legal qualifications required of candidates for this office. If
917      filing via a designated agent, I attest that I will be out of the state of Utah during the entire
918      candidate filing period. I will file all campaign financial disclosure reports as required by law
919      and I understand that failure to do so will result in my disqualification as a candidate for this
920      office and removal of my name from the ballot. I request that my name be printed upon the
921      applicable official ballots. (Signed) _______________
922Subscribed and sworn to (or affirmed) before me by ____ on this
923      __________(month\day\year).
924(Signed) _______________ (Clerk or other officer qualified to administer oath)."
925      (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
926not sign the form described in Subsection (5)(a).
927      (c)(i) [A] For a municipal office, a nomination petition shall be in substantially the following
928form:
929"NOMINATION PETITION
930The undersigned residents of (name of municipality), being registered voters, nominate
931(name of nominee) for the office of (name of office) for the (length of term of office)."
932(ii) The remainder of the petition shall contain lines and columns for the signatures of
933individuals signing the petition and each individual's address and phone number.
934  (6) If the declaration of candidacy or nomination petition fails to state whether the
935      nomination is for the two-year or four-year term, the clerk shall consider the nomination
936      to be for the four-year term.
937  (7)(a) The clerk shall verify with the county clerk that all candidates are registered
938      voters.
939      (b) With the assistance of the county clerk, and using the procedures described in
940Section 20A-1-1002, the municipal clerk shall determine whether the required
941number of signatures of registered voters appears on a nomination petition.
942  (8) Immediately after expiration of the period for filing a declaration of candidacy[, ] :
943      (a) the municipal clerk shall:
944[(a)] (i) publicize a list of the names of the candidates as they will appear on the ballot
945by publishing the list for the municipality, as a class A notice under Section
94663G-30-102, for seven calendar days; and
947[(b)] (ii) notify the lieutenant governor of the names of the candidates as they will
948appear on the ballot[.] ; and
                                                 - 28 -
02-26 08:52  H.B. 602
949(b) the county clerk shall:
950(i) publicize a list of the names of the candidates for local school board as they will
951appear on the ballot by publishing the list for the local school district, as a class A
952notice under Section 63G-30-102, for seven calendar days; and
953(ii) notify the lieutenant governor of the names of the candidates for local school
954board as they will appear on the ballot.
955   (9) Except as provided in Subsection (10)(c), an individual may not amend a declaration of
956candidacy or nomination petition filed under this section after the candidate filing period
957ends.
958   (10)(a) A declaration of candidacy or nomination petition that an individual files under
959this section is valid unless a person files a written objection with the clerk no later
960than 5 p.m. on the first business day that is at least 10 calendar days after the last day
961for filing.
962(b) If a person files an objection, the clerk shall:
963(i) mail or personally deliver notice of the objection to the affected candidate
964immediately; and
965(ii) decide any objection within 48 hours after the objection is filed.
966(c) If the clerk sustains the objection, the candidate may, no later than 5 p.m. on the first
967business day that is at least three calendar days after the day on which the clerk
968sustains the objection, correct the problem for which the objection is sustained by
969amending the candidate's declaration of candidacy or nomination petition, or by filing
970a new declaration of candidacy.
971(d)(i) The clerk's decision upon objections to form is final.
972(ii) The clerk's decision upon substantive matters is reviewable by a district court if
973prompt application is made to the district court.
974(iii) The decision of the district court is final unless the Supreme Court, in the
975exercise of [its] the Supreme Court's discretion, agrees to review the lower court
976decision.
977   (11) A candidate who qualifies for the ballot under this section may withdraw as a
978candidate by filing a written affidavit with the municipal clerk.
979   (12)(a) A voter who signs a nomination petition under this section may have the voter's
980signature removed from the petition by, no later than 5 p.m. three business days after
981the day on which the petition is filed with the city recorder or municipal clerk,
982submitting to the municipal clerk a statement requesting that the voter's signature be
                                                 - 29 -
 H.B. 602  02-26 08:52
983      removed.
984      (b) A statement described in Subsection (12)(a) shall comply with the requirements
985described in Subsection 20A-1-1003(2).
986      (c) With the assistance of the county clerk and using the procedures described in
987Subsection 20A-1-1003(3), the municipal clerk shall determine whether to remove an
988individual's signature from a petition after receiving a timely, valid statement
989requesting removal of the signature.
990Section 12. Section 20A-9-403 is amended to read:
99120A-9-403 . Regular primary elections.
992  (1)(a) Candidates for elective office that are to be filled at the next regular general
993      election shall be nominated in a regular primary election by direct vote of the people
994      in the manner prescribed in this section. The regular primary election is held on the
995      date specified in Section 20A-1-201.5. Nothing in this section shall affect a
996      candidate's ability to qualify for a regular general election's ballot as an unaffiliated
997      candidate under Section 20A-9-501 or to participate in a regular general election as a
998      write-in candidate under Section 20A-9-601.
999      (b) Each registered political party that chooses to have the names of the registered
1000  political party's candidates for elective office featured with party affiliation on the
1001  ballot at a regular general election shall comply with the requirements of this section
1002  and shall nominate the registered political party's candidates for elective office in the
1003  manner described in this section.
1004        (c) A filing officer may not permit an official ballot at a regular general election to be
1005  produced or used if the ballot denotes affiliation between a registered political party
1006  or any other political group and a candidate for elective office who is not nominated
1007  in the manner prescribed in this section or in Subsection 20A-9-202(4).
1008        (d) Unless noted otherwise, the dates in this section refer to those that occur in each
1009  even-numbered year in which a regular general election will be held.
1010    (2)(a) Each registered political party, in a statement filed with the lieutenant governor,
1011        shall:
1012  (i) either declare the registered political party's intent to participate in the next regular
1013  primary election or declare that the registered political party chooses not to have
1014  the names of the registered political party's candidates for elective office featured
1015  on the ballot at the next regular general election; and
1016  (ii) if the registered political party participates in the upcoming regular primary
                                                   - 30 -
 02-26 08:52  H.B. 602
1017  election, identify one or more registered political parties whose members may
1018  vote for the registered political party's candidates and whether individuals
1019  identified as unaffiliated with a political party may vote for the registered political
1020  party's candidates.
1021  (b)(i) A registered political party that is a continuing political party shall file the
1022  statement described in Subsection (2)(a) with the lieutenant governor no later than
1023  5 p.m. on November 30 of each odd-numbered year.
1024  (ii) An organization that is seeking to become a registered political party under
1025  Section 20A-8-103 shall file the statement described in Subsection (2)(a) at the
1026  time that the registered political party files the petition described in Section
1027  20A-8-103.
1028     (3)(a) Except as provided in Subsection (3)(e), an individual who submits a declaration
1029  of candidacy under Section 20A-9-202 shall appear as a candidate for elective office
1030  on the regular primary ballot of the registered political party listed on the declaration
1031  of candidacy only if the individual is certified by the appropriate filing officer as
1032  having submitted a nomination petition that was:
1033  (i) circulated and completed in accordance with Section 20A-9-405; and
1034  (ii) signed by at least 2% of the registered political party's members who reside in the
1035  political division of the office that the individual seeks.
1036  (b)(i) A candidate for elective office shall, in accordance with Section 20A-9-408.3,
1037  submit signatures for a nomination petition to the appropriate filing officer for
1038  verification and certification no later than 5 p.m. on March 31.
1039  (ii) A candidate may supplement the candidate's submissions at any time on or before
1040  the filing deadline.
1041  (c)(i) The lieutenant governor shall determine for each elective office the total
1042  number of signatures that must be submitted under Subsection (3)(a)(ii) or
1043  20A-9-408(8) by counting the aggregate number of individuals residing in each
1044  elective office's political division who have designated a particular registered
1045  political party on the individuals' voter registration forms on or before November
1046  15 of each odd-numbered year.
1047  (ii) The lieutenant governor shall publish the determination for each elective office
1048  no later than November 30 of each odd-numbered year.
1049  (d) The filing officer shall:
1050  (i) except as otherwise provided in Section 20A-21-201, and in accordance with
                                                  - 31 -
 H.B. 602  02-26 08:52
1051  Section 20A-9-408.3, verify signatures on nomination petitions in a transparent
1052  and orderly manner, no later than 14 calendar days after the day on which a
1053  candidate submits the signatures to the filing officer;
1054  (ii) for all qualifying candidates for elective office who submit nomination petitions
1055  to the filing officer, issue certifications referenced in Subsection (3)(a) no later
1056  than the deadline described in Subsection 20A-9-202(1)(b);
1057  (iii) consider active and inactive voters eligible to sign nomination petitions;
1058  (iv) consider an individual who signs a nomination petition a member of a registered
1059  political party for purposes of Subsection (3)(a)(ii) if the individual has designated
1060  that registered political party as the individual's party membership on the
1061  individual's voter registration form; and
1062  (v) except as otherwise provided in Section 20A-21-201 and with the assistance of
1063  the county clerk as applicable, use the procedures described in Section 20A-1-1002
1064  to verify submitted nomination petition signatures, or use statistical sampling
1065  procedures to verify submitted nomination petition signatures in accordance with
1066  rules made under Subsection (3)(f).
1067       (e) Notwithstanding any other provision in this Subsection (3), a candidate for lieutenant
1068  governor may appear on the regular primary ballot of a registered political party
1069  without submitting nomination petitions if the candidate files a declaration of
1070  candidacy and complies with Subsection 20A-9-202(3).
1071       (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1072  director of elections, within the Office of the Lieutenant Governor, may make rules
1073  that:
1074  (i) provide for the use of statistical sampling procedures that:
1075  (A) filing officers are required to use to verify signatures under Subsection (3)(d);
1076  and
1077  (B) reflect a bona fide effort to determine the validity of a candidate's entire
1078  submission, using widely recognized statistical sampling techniques; and
1079  (ii) provide for the transparent, orderly, and timely submission, verification, and
1080  certification of nomination petition signatures.
1081       [(g) The county clerk shall:]
1082  [(i) review the declarations of candidacy filed by candidates for local boards of
1083  education to determine if more than two candidates have filed for the same seat;]
1084  [(ii) place the names of all candidates who have filed a declaration of candidacy for a
                                                  - 32 -
 02-26 08:52  H.B. 602
1085  local board of education seat on the nonpartisan section of the ballot if more than
1086  two candidates have filed for the same seat; and]
1087  [(iii) place the local board of education candidates' names on the ballot in accordance
1088  with Sections 20A-6-109 and 20A-6-110.]
1089     (4)(a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
1090  governor shall provide to the county clerks:
1091  (i) a list of the names of all candidates for federal, constitutional, multi-county, single
1092  county, and county offices who have received certifications under Subsection (3),
1093  along with instructions on how those names shall appear on the primary election
1094  ballot in accordance with Sections 20A-6-109 and 20A-6-110; and
1095  (ii) a list of unopposed candidates for elective office who have been nominated by a
1096  registered political party under Subsection (5)(c) and instruct the county clerks to
1097  exclude the unopposed candidates from the primary election ballot.
1098  (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1099  joint-ticket running mates shall appear jointly on the primary election ballot.
1100     (c) After the county clerk receives the certified list from the lieutenant governor under
1101  Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1102  substantially the following form:
1103  "Notice is given that a primary election will be held Tuesday, June ____,
1104  ________(year), to nominate party candidates for the parties[ and candidates for nonpartisan
1105  local school board positions] listed on the primary ballot. The polling place for voting precinct
1106  ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1107  Attest: county clerk."
1108     (5)(a) A candidate who, at the regular primary election, receives the highest number of
1109  votes cast for the office sought by the candidate is[:]
1110  [(i)] nominated for that office by the candidate's registered political party[; or] .
1111  [(ii) for a nonpartisan local school board position, nominated for that office.]
1112  (b) If two or more candidates are to be elected to the office at the regular general
1113  election, those party candidates equal in number to positions to be filled who receive
1114  the highest number of votes at the regular primary election are the nominees of the
1115  candidates' party for those positions.
1116  (c)(i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
1117  (A) no individual other than the candidate receives a certification under
1118  Subsection (3) for the regular primary election ballot of the candidate's
                                                 - 33 -
 H.B. 602  02-26 08:52
1119  registered political party for a particular elective office; or
1120  (B) for an office where more than one individual is to be elected or nominated, the
1121  number of candidates who receive certification under Subsection (3) for the
1122  regular primary election of the candidate's registered political party does not
1123  exceed the total number of candidates to be elected or nominated for that office.
1124  (ii) A candidate who is unopposed for an elective office in the regular primary
1125  election of a registered political party is nominated by the party for that office
1126  without appearing on the primary election ballot.
1127    (6) The expense of providing all ballots, blanks, or other supplies to be used at any primary
1128        election provided for by this section, and all expenses necessarily incurred in the
1129        preparation for or the conduct of that primary election shall be paid out of the treasury of
1130        the county or state, in the same manner as for the regular general elections.
1131    (7) An individual may not file a declaration of candidacy for a registered political party of
1132        which the individual is not a member, except to the extent that the registered political
1133        party permits otherwise under the registered political party's bylaws.
1134  Section 13. Section 20A-9-404 is amended to read:
1135  20A-9-404 . Municipal primary elections.
1136    (1)(a) [Except as otherwise provided in this section or Chapter 4, Part 6, Municipal
1137        Alternate Voting Methods Pilot Project, candidates] Candidates for municipal office
1138        in all municipalities shall be nominated at a municipal primary election.
1139        (b) Candidates for nonpartisan local school board office shall participate in a primary
1140  election, held in conjunction with the municipal primary election, if necessary, to
1141  reduce the number of candidates running for a particular district to two, who will
1142  compete in an election held in conjunction with the municipal general election.
1143        [(b)] (c) Municipal primary elections shall be held:
1144  (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
1145  Monday in the August before the regular municipal election; and
1146  (ii) whenever possible, at the same polling places as the regular municipal election.
1147        [(c)] (d) Subsections (3) through (5) do not apply to an election to elect local school
1148  board members[ under Section 53G-3-302].
1149        [(d) Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, does not apply
1150  to an election to elect local school board members under Section 53G-3-302.]
1151    (2) [Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting
1152        Methods Pilot Project, if] If the number of candidates for a particular municipal office
                                                  - 34 -
 02-26 08:52  H.B. 602
1153  does not exceed twice the number of individuals needed to fill that office, a primary
1154  election for that office may not be held and the candidates are considered nominated.
1155     (3)(a) [For purposes of] As used in this Subsection (3), "convention" means an organized
1156  assembly of voters or delegates.
1157  (b)(i) By ordinance adopted before the May 1 that falls before a regular municipal
1158  election, any third, fourth, or fifth class city or town may exempt itself from a
1159  primary election by providing that the nomination of candidates for municipal
1160  office to be voted upon at a municipal election be nominated by a municipal party
1161  convention or committee.
1162  (ii) The municipal party convention or committee described in Subsection (3)(b)(i)
1163  shall be held on or before May 30 of an odd-numbered year.
1164  (iii) Any primary election exemption ordinance adopted under this Subsection (3)
1165  remains in effect until repealed by ordinance.
1166  (c)(i) A convention or committee may not nominate more than one candidate for each
1167  of the municipal offices to be voted upon at the municipal election.
1168  (ii) A convention or committee may not nominate an individual who has accepted the
1169  nomination of a different convention or committee.
1170  (iii) A municipal party may not have more than one group of candidates placed upon
1171  the ballot and may not group the same candidates on different tickets by the same
1172  party under a different name or emblem.
1173  (d)(i) On or before May 31 of an odd-numbered year, a convention or committee
1174  shall prepare and submit to the filing officer a certificate of nomination for each
1175  individual nominated.
1176  (ii) The certificate of nomination shall:
1177  (A) contain the name of the office for which each individual is nominated, the
1178  name, post office address, and, if in a city, the street number of residence and
1179  place of business, if any, of each individual nominated;
1180  (B) designate in not more than five words the party that the convention or
1181  committee represents;
1182  (C) contain a copy of the resolution passed at the convention that authorized the
1183  committee to make the nomination;
1184  (D) contain a statement certifying that the name of the candidate nominated by the
1185  political party will not appear on the ballot as a candidate for any other
1186  political party;
                                                 - 35 -
 H.B. 602  02-26 08:52
1187  (E) be signed by the presiding officer and secretary of the convention or
1188  committee; and
1189  (F) contain a statement identifying the residence and post office address of the
1190  presiding officer and secretary and certifying that the presiding officer and
1191  secretary were officers of the convention or committee and that the certificates
1192  are true to the best of their knowledge and belief.
1193  (iii) A candidate nominated by a municipal party convention or committee shall file a
1194  declaration with the filing officer in accordance with Subsection 20A-9-203(3)
1195  that includes:
1196  (A) the name of the municipal party or convention that nominated the candidate;
1197  and
1198  (B) the office for which the convention or committee nominated the candidate.
1199        (e) A committee appointed at a convention, if authorized by an enabling resolution, may
1200  also make nominations or fill vacancies in nominations made at a convention if the
1201  committee makes the nomination before the deadline for a write-in candidate to file a
1202  declaration of candidacy under Section 20A-9-601.
1203        (f) The election ballot shall substantially comply with the form prescribed in Chapter 6,
1204  Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
1205  be included with the candidate's name.
1206    (4)(a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the
1207        May 1 that falls before the regular municipal election that:
1208  (i) exempts the city or town from the other methods of nominating candidates to
1209  municipal office provided in this section; and
1210  (ii) provides for a municipal partisan convention method of nominating candidates as
1211  provided in this Subsection (4).
1212        (b)(i) Any party that was a registered political party at the last regular general
1213  election or regular municipal election is a municipal political party under this
1214  section.
1215  (ii) Any political party may qualify as a municipal political party by presenting a
1216  petition to the city recorder that:
1217  (A) is signed, with a holographic signature, by registered voters within the
1218  municipality equal to at least 20% of the number of votes cast for all
1219  candidates for mayor in the last municipal election at which a mayor was
1220  elected;
                                                      - 36 -
 02-26 08:52  H.B. 602
1221  (B) is filed with the city recorder or town clerk no later than 5 p.m. on the last
1222  business day before the day on which the municipal party holds a convention to
1223  nominate a candidate under this Subsection (4);
1224  (C) is substantially similar to the form of the signature sheets described in Section
1225  20A-7-303; and
1226  (D) contains the name of the municipal political party using not more than five
1227  words.
1228  (iii) With the assistance of the county clerk, the city recorder or town clerk shall use
1229  the procedures described in Section 20A-1-1002 to determine whether each signer
1230  is a registered voter who is qualified to sign the petition.
1231  (c)(i) If the number of candidates for a particular office does not exceed twice the
1232  number of offices to be filled at the regular municipal election, no primary
1233  election for that office shall be held and the candidates are considered to be
1234  nominated.
1235  (ii) If the number of candidates for a particular office exceeds twice the number of
1236  offices to be filled at the regular municipal election, those candidates for
1237  municipal office shall be nominated at a municipal primary election.
1238  (d) The clerk shall ensure that the partisan municipal primary ballot is similar to the
1239  ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.
1240  (e) After marking a municipal primary ballot, the voter shall deposit the ballot in the
1241  blank ballot box.
1242  (f) Immediately after the canvass, the election judges shall, without examination, destroy
1243  the tickets deposited in the blank ballot box.
1244     (5)(a) A voter who signs a petition under Subsection (4)(b)(ii) may have the voter's
1245  signature removed from the petition by, no later than 5 p.m. three business days after
1246  the day on which the petition is filed with the city recorder or town clerk, submitting
1247  to the city recorder or town clerk a statement requesting that the voter's signature be
1248  removed.
1249  (b) A statement described in Subsection (5)(a) shall comply with the requirements
1250  described in Subsection 20A-1-1003(2).
1251  (c) With the assistance of the county clerk and using the procedures described in
1252  Subsection 20A-1-1003(3), the city recorder or town clerk shall determine whether to
1253  remove an individual's signature from a petition after receiving a timely, valid
1254  statement requesting removal of the signature.
                                                 - 37 -
 H.B. 602  02-26 08:52
1255  Section 14. Section 20A-14-203 is amended to read:
1256  20A-14-203 . Becoming a member of a local board of education -- Declaration of
1257    candidacy -- Election.
1258    (1) An individual may become a candidate for a local school board by:
1259        (a) filing a declaration of candidacy with the county clerk during the applicable
1260  declaration of candidacy filing period described in Section [20A-9-201.5] 20A-9-203;
1261  and
1262        (b) paying the fee[ described in Section 20A-9-202].
1263    (2)(a) The term of office for an individual elected to a local board of education is four
1264        years, beginning on the first Monday in January after the election.
1265        (b) A member of a local board of education shall serve until a successor is:
1266  (i) elected; or
1267  (ii) appointed and takes or signs the constitutional oath of office.
1268    (3) To adjust for a local school board election to, beginning in 2027, be held in
1269        odd-numbered years, the term of office for a local school board member:
1270        (a) whose term was to end on December 31, 2027, is extended by one year to December
1271  31, 2028;
1272        (b) whose term was to end on December 31, 2029, is extended by one year to December
1273  31, 2030; and
1274        (c) whose term was to end on December 31, 2031, is extended by one year to December
1275  31, 2032.
1276  Section 15. Effective Date.
1277    This bill takes effect on January 1, 2027.
                                                 - 38 -