2013 municipal elections training justin lee mark thomas lt. governor’s office

2013 Municipal Elections Training

Justin Lee

Mark Thomas

Lt. Governor’s Office

Lt. Governor’s Duties

Chief Election officer for the State of Utah General supervisory authority over all elections Direct supervisory authority over the conduct of

elections for: Federal State Multicounty officers Statewide or multicounty ballot propositions

Lt. Governor’s Duties

Prepare election information for the public Make the information available via Internet or other

means Answer election questions

Lt. Governor’s Duties -Notaries

-Authentications

-Financial Disclosures

-Annexations

-Lobbyists

Declaration of Candidacy

Declaration of Candidacy Period

June 1 – June 7 “during office hours and not later than the

close of normal office hours”HB 403 (2013) and 20A-9-203

Not June 1 - June 15

Partisan Municipal Elections If your municipality holds partisan elections

Any new political party that wishes to qualify to participate must file their petition with the city recorder by May 31 Previously the deadline was 55 days before the

primary HB 403 (2013)

20A-9-404(4)(b)

Declaration of Candidacy

Candidates must declare in person, except; A person who is a member of active armed forces, or is

employed with the state or the United States who is out of the state during the declaration of candidacy period may file for office by designating an agent to file the declaration form in person, while the person who is declaring candidacy communicates with the filing officer using an electronic device that allows the person and the filing officer to see and hear each other (e.g. Skype)

HB 39 (2013); 20A-9-203(4)-(5)

Declaration of Candidacy Candidates must declare in person, except; Any resident of a municipality may nominate

a candidate by filing a nomination petition with the city recorder or town clerk Petition must be signed by 25 residents or 20% of

the residents who are at least 18 years old 20A-9-203(2)(b)

20A-9-203(5)

Declaration of Candidacy Read office qualifications to candidate

Candidate states whether they meet qualifications Inform candidate that name will appear on ballot

as listed on declaration of candidacy form Provide disclosure law requirements Info on vote.utah.gov profile

Candidate submissions for vote.utah.gov due by: July 1 at 5 pm for Primary September 6 at 5 pm for Municipal General

Pledge of fair campaign practices

Declaration of Candidacy

Municipal clerk shall verify with county clerk that all candidates are registered voters

Notices: Immediately after expiration of filing period

The municipal clerk shall cause the names of candidates to be published in at least two successive publications of newspaper with general circulation in the municipality

Notify the Lt Governor’s office of names of candidates as they will appear on the ballot

(20A-9-203(9)(b)

Newspaper of General Circulation Bona fide subscription list of not less than

200 subscribers in the state Shall have been published for not less than 18

months Admitted as second-class matter for 12

months for mailing purposes 45-1-201

Declaration of Candidacy

Write-In Candidates File a declaration with the appropriate filing

officer not later than 60 days before municipal general election

Write-in candidates in towns need to prequalify with the filing officer

Form now set forth in 20A-9-601(1)(b) (HB39 -2013)

(20A-9-601)

Voter Registration Deadlines Primary

Mail-in: July 15 In-Person or Online: July 29

General Mail-in: October 7 In-Person or Online: October 21

Absentee Voting

Conducting Election by Absentee Ballot An election officer may administer an

election entirely by absentee ballot Mail an absentee ballot to each registered

voter along with: a statement that there will be no polling place for

that voting precinct a business reply envelop instructions for returning the ballot with relevant

deadlines 20A-3-302

Conducting Election by Absentee Ballot Voters do not need to request an absentee

ballot for an election conducted all by absentee ballot

An election officer who administers an all by absentee ballot election shall obtain the signatures of each voter either in

person or from the county clerk to verify the returned absentee ballots

20A-3-302

Absentee Voting Ballots must be mailed 28 days before the

election for everyone that has requested a ballot (20A-3-305)

Absentee Ballots can be requested up through the Thursday before the election (20A-3-306) Absentee Ballots can now be requested online

Absentee Voting Emergency absentee ballots

Used for a voter hospitalized after the deadline for requesting an absentee ballot

Any person may obtain an absentee ballot on behalf of a hospitalized voter at the election officer’s office.

The ballot must be returned by the close of polls 20A-3-306.5

Military and Overseas Voting

At least 100 days before an election the election officer shall prepare a notice with all expected offices and ballot propositions expected on the ballot

This notice must be provided to any UOCAVA voters upon the voters request

You can cover both the primary and the

general election in one notice

Military and Overseas Voting

Allows military and overseas voters to request and receive ballots and balloting materials by electronic transmission (fax or email)

Requires ballots to be sent to eligible voters 45 days before an election

If the 45th day falls on a weekend or holiday the preceding business day shall be used

Military and Overseas Voting

Requests for absentee ballot can be made up until the Thursday before the election

Counts ballots as valid if submitted for mailing or other authorized means by 12:01 am at the place where the voter completes the ballot on the date of the election and if received before the canvass

Absentee Voting A person that collects a complete absentee

ballot application shall file the completed application with the appropriate election official within 14 days or the Thursday before the election, whichever is earlier

If a group desires to do a registration drive with pre-filled forms those forms must be approved and meet the requirements of 20A-3-304(3)

SB24 (2013)

Early Voting

Early Voting If a municipality is administering an election

entirely by absentee ballot, early voting is not required

HB53 (2013) 20A-3-605(3)

Early Voting Early voting is optional for a municipality of

a fifth or town class for: A municipal primary election; or A municipal general election

20A-3-605

Early Voting

Begins 14 days before the election Continues through the Friday prior to the

election Shall be conducted a minimum of 4 days

during each week with the polls being open for a minimum of 4 hours on those days

Shall be open on the last day of the early voting period with polls closing at 5 pm

20A-3-601

Early Voting

Polling Places Election officer shall designate one or more

polling places for early voting provided that: At least one polling place is open on each day that

polls are open Each polling place meets all code requirements Each polling place is located in a government

building or office Unless none meet scheduling or space requirement

(20A-3-603)

Early Voting

Notice of Time and Place Shall publish notice at least 5 calendar days

before the date that early voting commences: At each early voting polling place, and In one issue of a newspaper of general circulation,

The newspaper will then post it to the Public Notice Website as required by 45-1-101

20A-3-604

Election Day

Election Day Assisting Voters with Disabilities

Poll Workers Prohibition on appointing candidate family

members May not appoint any candidate’s parent, sibling,

spouse, child, or in-law to serve as a poll worker in the voting precinct where the candidate resides

20A-5-602(2)

Identification Requirements What is valid voter ID?

2012-2013 Master Ballot Position List

1- C 9 - R 17 - M 25 - A

2 - S 10 - U 18 - W 26 - B

3 - T 11 - K 19 - Z

4 - L 12 - P 20 - E

5 - F 13 - N 21 - J

6 - Y 14 - Q 22 - H

7 - V 15 - O 23 - G

8 - D 16 - I 24 - X 20A-6-305

Wording on Election Ballots

Changes the language on ballots when a voter will be voting for two or more candidates for the same office (at large council seats)

Changes from “vote for two or more” to “Vote for up to______” (the number of

candidates for which the voter may vote)

20A-6-301(3)(c) HB 488 (2012)

Election Day Voting Centers

Authorizes an election officer to designate one or more polling places as election day voting centers

Must meet all requirements for a polling place

Election officer shall notify the Lt. Governor of the designation and location 15 days before the election

Voting Center Ballots If the location is not the normal polling place for the precinct

in which the voter resides, a voting center ballot is used If it is the normal polling place a regular ballot is used

20A-3-701,702,703,704

Cancellation of Elections A Municipal legislative body may cancel a local

election if: The number of candidates, including write-in candidates

Does not exceed number of open at-large offices, or Each candidate in each district is unopposed; and There are no municipal ballot propositions Must wait until the 60 day write-in deadline has passed

The municipal legislative body passes a resolution that cancels the election no later than 20 days before the scheduled election

20A-1-206

Elections During Declared Emergencies

When there is a declared emergency that affects election day voting, absentee voting, early voting or the canvass:

The Lt. Governor can authorize alternative means, dates, times or locations for voting.

SB 25/HB 82 (2013) 20A-1-308

Primary Election Date Change

Primary moves to Second Tuesday following the first Monday in August

August 13, 2013 Early Voting July 30 - August 9

Challenges to Voters:Pre-electionA person may challenge the right to vote of a person whose name

appears on the official register-not later than 21 days before the date early voting commences-with a written statement that includes:

-Name and address of person filing challenge-Name of challenged voter, last known address or

telephone number, basis for challenge, facts and circumstances supporting basis provided, and a signed affidavit

(20A-3-202.3)

Challenges to Voters:Election Day A poll worker or a person that lives in the voting

precinct may challenge a voter’s right to vote if: The voter and person challenging the voter are both

present at the time the challenge is made The challenge is made when the voter applies for a ballot

(20A-3-202.5)

The poll worker shall record the challenge in the register and follow the procedure for a provisional ballot

(20A-3-105.5)

Poll Watchers

20A-3-201 Watchers:“each candidate and any person interested in an issue appearing on the ballot may appoint one person to act as a voting poll watcher to observe the casting of ballots, another person to act as a counting poll watcher to observe the counting of ballots, and another person to act as an inspecting poll watcher to inspect the condition and observe the securing of ballot packages”

Poll Watchers

Poll Watchers may: Watch and observe the voting process Make written memorandum

Poll Watchers may not: Interfere in any way with the process Communicate in any manner the result or any

other information about the count

Ballot Propositions & Special Elections

Scheduling Special Elections A special election for a ballot proposition

related to a bond, debt, leeway, levy or tax can only be held on the November general or municipal general election This does not take effect until July 1, 2013

SB 34 (2013) 20A-1-204(d)

Scheduling Special Elections Any other special election may be held on

The Fourth Tuesday in June The First Tuesday after the first Monday in

November

20A-1-204(1)(a)

Voter Information Pamphlet

“The… municipality that is the subject of an initiative, referendum or other ballot proposition shall prepare a local voter information pamphlet that meets the requirement of [20A-7-402]”

Voter Information Pamphlet Request to make an argument shall be filed 65 days

before the election Priority of arguments

Sponsors have priority in making the argument Members of local legislative body have priority over others

Arguments may not exceed 500 words Arguments shall be filed 50 days before election

20A-7-402

Voter Information Pamphlet

Preparation: Arguments are printed on the same sheet of paper upon

which the measure is printed Statement on front cover or first page of the arguments

shall read: “The arguments for or against the proposed measure(s) are

the opinions of the authors”

Distribute pamphlet not less than 15 days before election but not more than 45 days before

20A-7-402

Voter Information Pamphlet Instead of a printed VIP a local legislative

body may distribute a form instead of VIP informing voter where to get information of the ballot proposition

20A-7-403(c)

Voter Information Pamphlet Must be printed on postage prepaid, preaddressed

form that a person may use to request delivery of a paper VIP

Must include the web address of vote.utah.gov, where a link to the VIP info will be posted, and

The phone number a voter may call to request delivery of a VIP

20A-7-403(c)

Political Activities of Public Entities Unless specifically required by law, a public

entity may not make an expenditure from public funds for political purposes or to influence a ballot proposition

20A-11-12

Political Activities of Public Entities Public officials can exercise First Amendment

rights Speaking, campaigning, contributing personal

money Public entities can:

still provide factual information about ballot propositions

Analyze pros and cons of a ballot proposition Provide neutral encouragement to vote

Numbering Ballot Propositions

When election officers receive ballot propositions eligible for inclusion on the ballot they ask the lieutenant governor to assign a number

The lieutenant governor assigns a unique number to each ballot proposition

(20A-6-107)

Does not include bonds (11-14-206)

Financial Disclosures

Financial Disclosures

Candidates for municipal office not eliminated at primary election shall file a report: No later than 7 days before municipal general election No later than 30 days after municipal general election

Candidates eliminated at primary shall file a report: No later than 30 days after primary

(10-3-208)

Financial Disclosures

Campaign Finance Statements:(a) Report the total amount of all contributions and

expenditures if the candidate receives $500 or less and spends $500 or less

or(b) Report all itemized

-contributions, including amount and donor

-aggregate total of all contributions that do not exceed reporting limit-expenditures, including amount and recipient

(10-3-208)

Financial Disclosures

However, A municipality may, by ordinance:

Provide a reporting limit lower than $50, Require greater disclosure than is required by

Utah Code, and Impose additional penalties on candidates who

fail to comply with the requirement of Utah Code(10-3-208)

Financial Disclosures $50 Reporting Limit means for each calendar

year (10-3-208)

SB 89 (2012)

Financial Disclosures

Municipal Clerk’s Duties Notify candidate of dates and regulations when

they declare candidacy, and 14 days before the municipal election

(10-3-208)

Financial Disclosures Make filed statements available for public inspection

and copying one business day after filing, and Make filed statements available for public inspection by:

Posting an electronic copy or contents of the statement on the municipality’s website no later than 7 business days after statement is filed, and

Verify that the municipality’s web address has been provided to the Lt. Governor no later than 2 business days after the statement is filed, or

Submit a copy of the statement to the Lt. Governor for posting on http://governor.utah.gov/Disclosures/

Financial Disclosures Political Issues Committees and

Political Action Committees: An entity or group of individuals or entities

within or outside the state that solicits or receives contributions and makes expenditures to advocate for or against candidates running for office, or ballot propositions

Financial Disclosures PICs, PACs & Corps

PICs, PACs & Corporations must report to the Lt. Governor’s office expenditures made to state, county, and municipal candidates and on ballot issues

www.disclosures.utah.gov

Financial Disclosures PICs, PACs and must file disclosures before

municipal general elections with the Lt. Governor’s office

HB 494 (2012)

Canvass & Results

Canvass

Board of Canvassers Mayor and municipal legislative body are the

board of municipal canvassers for the municipality Simple majority of legislative body constitutes a

quorum Meets no sooner than 7 days after the election and

no later than 14 days after

(20A-4-301)

Canvass

Duties of Board of Canvassers Publicly open the returns and determine from them the

votes of each precinct For each person voter for For and against each ballot proposition

(20A-4-303)

Declaration of Results Declare elected those who had highest number of votes to

an office within jurisdiction Declare ballot propositions “approved” or “rejected” that

were submitted to voters within board’s jurisdiction

(20A-4-304)

Canvass

Prepare Report of the Results Publish in one or more conspicuous places within

the jurisdiction In a conspicuous place on county’s website In a newspaper of general circulation File a copy with the Lieutenant Governor

(20A-4-304)

Voting Recount Amendments-HB85 (2013)

Changes to the formula to request a recount A recount may be requested if

The difference of votes cast between the winning and losing candidate is equal to or less than .25% of the total number of votes cast for all candidates in the race, or

The total number of votes cast in the race is 400 or less and the difference between the winning and losing candidate is one vote

A recount must be requested within 3 days of the canvass for a municipal election

Mid-term Vacancies

Midterm Vacancy Amendments

The municipal legislative body shall interview each person whose name was submitted for consideration and meets the qualifications for office in an open meeting.

HB 491 - 2012 20A-5-510

Lt. Governor’s OfficeContact Information

Utah State CapitolSuite 220Salt Lake City, UT 84114

(801) 538-1041(800) 995-VOTEFax: (801) 538-1133

E-mail: elections@utah.gov 

vote.utah.gov   

Questions?