2013 Election Training PowerPoint Presentation

Report
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 20A3-304(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
2-S
3-T
4-L
5-F
6-Y
7-V
8-D
9 -R
10 - U
11 - K
12 - P
13 - N
14 - Q
15 - O
16 - I
17 - M
18 - W
19 - Z
20 - E
21 - J
22 - H
23 - G
24 - X
25 - A
26 - B
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-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-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 Office
Contact Information
Utah State Capitol
Suite 220
Salt Lake City, UT 84114
(801) 538-1041
(800) 995-VOTE
Fax: (801) 538-1133
E-mail: [email protected]
vote.utah.gov
Questions?

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