2011 Municipal Elections Training

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 Other - Notaries -Authentications -Financial Disclosures -Annexations -Lobbyists

Changes to the Law

HB 143– Ballot Placement Amendments  Requires an election officer to list candidates on the ballot for each office in an order provided in the master ballot position list  The Lieutenant Governor generates the master ballot list through random selection  Exempts the ballot order requirement for races with an unopposed candidate  Will not affect municipal elections until 2013 (20A-6-305)

HB 305 – Midterm Vacancies in Municipal Offices  Allows a member of a municipal legislative body to participate in the process to fill a vacancy in the mayor position if that member is being considered to fill the vacancy (20A-1-510)

HB 421– Use of Public Buildings for Political Caucus Meetings  Requires a legislative body of a county, municipality, or school district to make meeting facilities under its control available for political activities if the party requests use of the facility 30 calendar days in advance and the facility is not already scheduled to be in use  Charge may not exceed custodial costs and any service requested by political party (20A-8-404)

SB165- Election Law Amendments Registration & Signatures  Authorizes a person to vote in an election if the person registers online to vote at least 15 days before an election (20A-2-206(8)(a))  Prohibits the use of an electronic signature and requires the use of a holographic signature to:  qualify a candidate for the ballot,  qualify a ballot proposition for the ballot,  or sign a petition to organize and register a political party (20A-1-306)

SB165- Election Law Amendments Initiatives & Referenda  Percentage of required signatures tied to votes cast for President instead of Governor (20A-7-501, 601)  Prohibits a person who signs a signature sheet in the packet from signing the verification page of the packet (20A-7-505, 605)

SB165- Election Law Amendments Referenda – Important Dates  Sponsors shall file application within 5 days after passage of local law (20A-7-601(3)(a))  Sponsors shall deliver each signed and verified packet to county clerk no later than 45 days after passage of local law (20A-7-606)  If local law passes after Jan. 30 in year of municipal general election,  referenda that qualify for the ballot shall appear on the ballot at the second municipal general election following passage of the law,  unless a special election is called (20A-7-609(d))

SB 162 – Military and Overseas Voting  Allows military and overseas voters to request and receive ballots and balloting materials by electronic transmission  Requires ballots to be sent to eligible voters 45 days before an election

SB 162 – Military and Overseas Voting  Requests for absentee ballot can be made up until the Friday 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

SB 162- Military and Overseas Voting Date Changes:  2013: Candidate filing period moves to June 1 – June 15 (20A-9-203)  2013: Primary moves to Second Tuesday following the first Monday in August August 13, 2013 (20A-9-404)

HB 130 – 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)

Election Day Voting Centers

Voter Registration – vote.utah.govvote.utah.gov

Declaration of Candidacy  Filing Period July 1 – July 15  “during office hours and not later than the close of normal office hours, between July 1 and July 15”  July 1, 8, and 15 all fall on Fridays  We would recommend that your office be open on those Fridays In 2013 changes to June 1 – June 15 (20A-9-203)

Declaration of Candidacy  Write In Candidates File a declaration with the appropriate filing officer not later than 45 days before municipal general election  (SB 14, 2011, changed it from 30 days) Write-in candidates in towns now need to prequalify with the filing officer  (SB 14, 2011) (20A-9-601)

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 Lieutenant Governor’s office of names of candidates as they will appear on the ballot (20A-9-203(9)(b)  Candidate submissions for Voter Information Website due by August 22 at 5 pmVoter Information Website

Cancellation of Elections (SB 14, 2011)  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 The municipal legislative body passes a resolution that cancels the election no later than 20 days before the scheduled election (20A-1-206)

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 50 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 45 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 8 days before election (20A-7-402)

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

Ballot Propositions  Numbering of 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 ( )

Early Voting Early voting is optional for a municipality of a fifth or town class for: (a) a municipal primary election; or (b) a municipal general election (20A-3-605)

Early Voting–Questions from 2009  Is it permissible to use absentee ballots for early voting?  Yes.  Is it permissible to use in-office-absentee procedures in lieu of early voting procedures?  No. The code provides for specific poll worker and voter identification requirements for early voting.

Early Voting  Begins 14 days before election  Continues through Friday before 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 and,  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 – Voter ID  What constitutes a currently valid Utah driver license?

Early Voting  Notice of Time and Place Shall publish notice at least 5 calendar days before the date that early voting commences:  In one issue of a newspaper of general circulation,  At each early voting polling place, and  In accordance with Public Notice Website (20A-3-604)

Challenges to Voters: Pre-election A 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 )

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 )  The poll worker shall record the challenge in the register and follow the procedure for a provisional ballot (20A )

Poll Watchers  20A 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

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 ( )

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 ( )

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 ( )

Financial Disclosures  Municipal Clerk’s Duties  Notify candidate of dates and regulations when they declare candidacy, and  14 days before the municipal election ( )

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

Financial Disclosures PICs and PACs  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 and PACs  PICs and PACs must report to the lieutenant governor’s office expenditures made to state, county, and municipal candidates and on ballot issues 

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 with general circulation File a copy with the Lieutenant Governor (20A-4-304)

Lt. Governor’s Office Contact Information Utah State Capitol Suite 220 Salt Lake City, UT (801) (800) 995-VOTE Fax: (801)

Questions?