Transcript 2011 Municipal Clerks Presentation

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:

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Federal
State
Multicounty officers
Statewide or multicounty ballot propositions
Lt. Governor’s Duties

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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

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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
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
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:
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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

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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,
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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
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
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
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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
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Must meet all requirements for a polling place
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Election officer shall notify the Lt. Governor of the
designation and location 15 days before the election
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Voting Center Ballots
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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.gov
Declaration of Candidacy

Filing Period
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July 1 – July 15
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“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
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File a declaration with the appropriate filing
officer not later than 45 days before municipal
general election
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(SB 14, 2011, changed it from 30 days)
Write-in candidates in towns now need to
prequalify with the filing officer
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(SB 14, 2011)
(20A-9-601)
Declaration of Candidacy
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Municipal clerk shall verify with county clerk that
all candidates are registered voters
Notices:

Immediately after expiration of filing period
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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 pm
Cancellation of Elections
(SB 14, 2011)

A Municipal legislative body may cancel a local
election if:
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The number of candidates, including write-in candidates
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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
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Request to make an argument shall be filed 50 days
before the election
Priority of arguments
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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
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Preparation:
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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:
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“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

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Speaking, campaigning, contributing personal
money
Public entities can:
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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
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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)
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
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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
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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
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Polling Places

Election officer shall designate one or more
polling places for early voting provided that:
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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
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Notice of Time and Place
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Shall publish notice at least 5 calendar days
before the date that early voting commences:
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In one issue of a newspaper of general circulation,
At each early voting polling place, and
In accordance with 45-1-101.

Public Notice Website http://www.utah.gov/pmn/index.html
(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-3-202.3)
Challenges to Voters:
Election Day
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A poll worker or a person that lives in the voting
precinct may challenge a voter’s right to vote if:
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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
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Poll Watchers may:
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Watch and observe the voting process
Make written memorandum
Poll Watchers may not:
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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:
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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:
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No later than 30 days after primary
(10-3-208)
Financial Disclosures
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Municipal Clerk’s Duties
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Notify candidate of dates and regulations when
they declare candidacy, and
14 days before the municipal election
(10-3-208)
Financial Disclosures
However,
 A municipality may, by ordinance:
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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

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

Make filed statements available for public inspection and
copying one business day after filing, and
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Make filed statements available for public inspection by:
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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
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

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PICs and PACs must report to the lieutenant
governor’s office expenditures made to state,
county, and municipal candidates and on
ballot issues
www.disclosures.utah.gov
Canvass

Board of Canvassers

Mayor and municipal legislative body are the
board of municipal canvassers for the
municipality

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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

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For each person voter for
For and against each ballot proposition
(20A-4-303)

Declaration of Results
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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
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Prepare report of the Results
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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 84114
(801) 538-1041
(800) 995-VOTE
Fax: (801) 538-1133
E-mail: [email protected]
Questions?