SB 194 — Election Modifications

(2) Subsection (1) does not apply to any other position within an auditor's office, except that a chief deputy or other individual filling the vacancy of an elected auditor in a county of the first class may not be appointed as an interim replacement under Subsection 20A-1-508(3) or (4) unless the individual meets the qualifications of Subsection (1) and Section 17-66-201.

{Section 2.

Section 17-70-403 is amended to read:

} 17-70-403.

Campaign financial disclosure in county elections.

(1) A county shall adopt an ordinance establishing campaign finance disclosure requirements for:

(a) candidates for county office;

and (b) candidates for local school board office who reside in that county.

(2) The ordinance required by Subsection (1) shall include:

(a) a requirement that each candidate for county office or local school board office report the candidate's itemized and total campaign contributions and expenditures at least once within the two weeks before the election and at least once within two months after the election;

(b) a definition of "contribution" and "expenditure" that requires reporting of nonmonetary contributions such as in-kind contributions and contributions of tangible things;

(c) a requirement that the financial reports identify:

(i) for each contribution, the name of the donor of the contribution, if known, and the amount of the contribution;

and (ii) for each expenditure, the name of the recipient and the amount of the expenditure;

(d) a requirement that a candidate for county office or local school board office deposit a contribution in a separate campaign account into a financial institution;

(e) a prohibition against a candidate for county office or local school board office depositing or mingling any contributions received into a personal or business account;

(f) a requirement that a candidate for county office who receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown, shall, within 30 days after receiving the contribution, disburse the amount of the contribution to:

(i) the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund;

or (ii) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;

- 7 - SB0194 compared with SB0194S06 (g) a requirement that a candidate seeking appointment to fill a midterm vacancy in a county office or local school board office file the financial report described in Subsection (2)(c) with the county clerk:

(i) for a county office vacancy described in Subsection 20A-1-508(3)[ or (7)] , (4), or (9), no later than three business days before the day on which the political party of the prior officeholder submits the candidate's name to the county legislative body as the individual the political party selects to fill the vacancy;

(ii) for a county or district attorney office vacancy described in Subsection 20A-1-509.1(5)(a), no later than three business days before the day on which the political party of the prior officeholder submits the candidate's name to the county legislative body as one of the three individuals the party nominates to fill the vacancy;

(iii) for a county or district attorney office vacancy described in Section 20A-1-509.2:

(A) no later than the deadline for the candidate to submit an application to fill the vacancy under Subsection 20A-1-509.2(2)(c);

and (B) if, under Subsection 20A-1-509.2(3), more than three attorneys submit an application to fill the vacancy, no later than three business days before the day on which the political party of the prior officeholder submits the candidate's name to the county legislative body as one of the three individuals the party nominates to fill the vacancy;

or (iv) for a local school board office vacancy, no later than three business days before the day on which the local school board meets to interview each candidate interested in filling the vacancy in accordance with Section 20A-1-511;

and (h) a requirement that, upon receipt of the financial report described in Subsection (2)(g), the county clerk immediately submit a copy of the report to the county legislative body.

(3) (a) As used in this Subsection (3), "account" means an account in a financial institution:

(i) that is not described in Subsection (2)(d);

and (ii) into which or from which a person who, as a candidate for an office, other than a county office for which the person files a declaration of candidacy or federal office, or as a holder of an office, other than a county office for which the person files a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.

- 8 - SB0194 compared with SB0194S06 (b) The ordinance required by Subsection (1) shall include a requirement that a candidate for county office or local school board office include on a financial report filed in accordance with the ordinance a contribution deposited in or an expenditure made from an account:

(i) since the last financial report was filed;

or (ii) that has not been reported under a statute or ordinance that governs the account.

(4) If any county fails to adopt a campaign finance disclosure ordinance described in Subsection (1), candidates for county office, other than community council office, and candidates for local school board office shall comply with the financial reporting requirements contained in Subsections (5) through (10).

(5) A candidate for elective office in a county or local school board office:

(a) shall deposit a contribution into a separate campaign account in a financial institution;

and (b) may not deposit or mingle any contributions received into a personal or business account.

(6) Each candidate for elective office in any county who is not required to submit a campaign financial statement to the lieutenant governor, and each candidate for local school board office, shall file a signed campaign financial statement with the county clerk:

(a) seven days before the date of the regular general election, reporting each contribution and each expenditure as of 10 days before the date of the regular general election;

and (b) no later than 30 days after the date of the regular general election.

(7) (a) The statement filed seven days before the regular general election shall include:

(i) a list of each contribution received by the candidate, and the name of the donor, if known;

and (ii) a list of each expenditure for political purposes made during the campaign period, and the recipient of each expenditure.

(b) The statement filed 30 days after the regular general election shall include:

(i) a list of each contribution received after the cutoff date for the statement filed seven days before the election, and the name of the donor;

and (ii) a list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven days before the election, and the recipient of each expenditure.

(8) (a) As used in this Subsection (8), "account" means an account in a financial institution:

(i) that is not described in Subsection (5)(a);

and - 9 - SB0194 compared with SB0194S06 (ii) into which or from which a person who, as a candidate for an office, other than a county office for which the person filed a declaration of candidacy or federal office, or as a holder of an office, other than a county office for which the person filed a declaration of candidacy or federal office, deposits a contribution or makes an expenditure.

(b) A county office candidate and a local school board office candidate shall include on any campaign financial statement filed in accordance with Subsection (6) or (7):

(i) a contribution deposited into an account:

(A) since the last campaign finance statement was filed;

or (B) that has not been reported under a statute or ordinance that governs the account;

or (ii) an expenditure made from an account:

(A) since the last campaign finance statement was filed;

or (B) that has not been reported under a statute or ordinance that governs the account.

(9) Within 30 days after receiving a contribution that is cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown, a county office candidate shall disburse the amount of the contribution to:

(a) the treasurer of the state or a political subdivision for deposit into the state's or political subdivision's general fund;

or (b) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

(10) Candidates for elective office in any county, and candidates for local school board office, who are eliminated at a primary election shall file a signed campaign financial statement containing the information required by this section not later than 30 days after the primary election.

(11) (a) A candidate seeking appointment to fill a midterm vacancy in a county office or local school board office shall:

(i) comply with Subsections (5) and (9);

and (ii) file a signed campaign financial statement with the county clerk no later than the deadline described in Subsection (2)(g).

(b) Upon receipt of the campaign financial statement described in Subsection (11)(a)(ii), the county clerk shall immediately submit a copy of the statement to the county legislative body.

(12) Any individual who fails to comply with this section is guilty of an infraction.

- 10 - SB0194 compared with SB0194S06 (13) (a) Counties may, by ordinance, enact requirements that:

(i) require greater disclosure of campaign contributions and expenditures;

and (ii) impose additional penalties.

(b) The requirements described in Subsection (13)(a) apply to a local school board office candidate who resides in that county.

(14) If a candidate fails to file an interim report due before the election, the county clerk:

(a) may send an electronic notice to the candidate and the political party of which the candidate is a member, if any, that states:

(i) that the candidate failed to timely file the report;

and (ii) that, if the candidate fails to file the report within 24 hours after the deadline for filing the report, the candidate will be disqualified and the political party will not be permitted to replace the candidate;

and (b) impose a fine of $100 on the candidate.

(15) (a) The county clerk shall disqualify a candidate and inform the appropriate election officials that the candidate is disqualified if the candidate fails to file an interim report described in Subsection (14) within 24 hours after the deadline for filing the report.

(b) The political party of a candidate who is disqualified under Subsection (15)(a) may not replace the candidate.

(c) A candidate who is disqualified under Subsection (15)(a) shall file with the county clerk a complete and accurate campaign finance statement within 30 days after the day on which the candidate is disqualified.

(16) If a candidate is disqualified under Subsection (15)(a), the election official:

(a) shall:

(i) notify every opposing candidate for the county office that the candidate is disqualified;

(ii) send an email notification to each voter who is eligible to vote in the county election office race for whom the election official has an email address informing the voter that the candidate is disqualified and that votes cast for the candidate will not be counted;

(iii) post notice of the disqualification on the county's website;

and - 11 - SB0194 compared with SB0194S06 (iv) if practicable, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to voters;

and (b) may not count any votes for that candidate.

(17) An election official may fulfill the requirement described in Subsection (16)(a) in relation to a mailed ballot, including a military or overseas ballot, by including with the ballot a written notice directing the voter to the county's website to inform the voter whether a candidate on the ballot is disqualified.

(18) A candidate is not disqualified if:

(a) the candidate files the interim reports described in Subsection (14) no later than 24 hours after the applicable deadlines for filing the reports;

(b) the reports are completed, detailing accurately and completely the information required by this section except for inadvertent omissions or insignificant errors or inaccuracies;

and (c) the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.

(19) (a) A report is considered timely filed if:

(i) the report is received in the county clerk's office no later than midnight, Mountain Time, at the end of the day on which the report is due;

(ii) the report is received in the county clerk's office with a United States Postal Service postmark three days or more before the date that the report was due;

or (iii) the candidate has proof that the report was mailed, with appropriate postage and addressing, three days before the report was due.

(b) For a county clerk's office that is not open until midnight at the end of the day on which a report is due, the county clerk shall permit a candidate to file the report via email or another electronic means designated by the county clerk.

(20) (a) Any private party in interest may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of this section or any ordinance adopted under this section.

(b) In a civil action filed under Subsection (20)(a), the court shall award costs and attorney fees to the prevailing party.

- 12 - SB0194 compared with SB0194S06 (21) Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, the county clerk shall:

(a) make each campaign finance statement filed by a candidate available for public inspection and copying no later than one business day after the statement is filed;

and (b) make the campaign finance statement filed by a candidate available for public inspection by:

(i) posting an electronic copy or the contents of the statement on the county's website no later than seven business days after the day on which the statement is filed;

and (ii) in order to meet the requirements of Subsection 20A-11-103(4)(b)(ii), providing the lieutenant governor with a link to the electronic posting described in Subsection (21)(b)(i) no later than two business days after the day the statement is filed.

{Section 3.

}20A-1-102 20A-1-102..

(3)(3)(a) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote.

(a)- an2 opinion- questionEnrolled specificallyCopy authorizedS.B. by the Legislature;

194 (a) an opinion question specifically authorized by the Legislature;

- 13 - SB0194 compared with SB0194S06 (5) "Bind," "binding," or "bound" means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper.

(17) "Counting room" means a suitable and convenient private place or room for use by the poll- workers3 and- countingS.B. judges to count ballots.

194 Enrolled Copy poll workers and counting judges to count ballots.

(20) "Documentary"Elected proofofficial" of United States citizenship" means:

(a) a Utahperson driverelected licenseto numberan thatoffice verifiesunder UnitedSection States20A-1-303 citizenship;or[ Chapter 4, Part 6,] , before the pilot project was repealed, the Municipal Alternate Voting Methods Pilot Project;

- 14 - SB0194 compared with SB0194S06 (b) a Utah state identification card number that verifies United States citizenship;

(c) a legible copy of an individual's birth certificate that verifies United States citizenship;

(d) a legible copy of the pages of an individual's United States passport that identify the individual and the individual's passport number;

(e) an alien registration number that verifies United States citizenship;

(f) a legible copy of the voter's United States naturalization documents;

(g) a Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number;

(h) a legible copy of a certificate of degree of Indian blood or a Bureau of Indian Affairs affidavit of birth;

(i) verification of citizenship from the Systematic Alien Verification for Entitlements program, operated by the United States Department of Homeland Security;

or (j) other documents or methods of proving United States citizenship that are established in accordance with the Immigration Reform and Control Act of 1986.

[(20)] (21) "Elected official" means:

(a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;

[(21)](21) (22) "Election" means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election.

[(22)](22) (23) "Election Assistance Commission" means the commission established by the Help America Vote Act of 2002, Pub.

[(23)](23) (24) "Election cycle" means the period beginning on the first day on which individuals are eligible to file declarations of candidacy and ending when the canvass is completed.

[(24)](24) (25) "Election judge" means a poll worker that is assigned to:

-(25) 15 - SB0194 compared with SB0194S06 [(25)] (26) "Election material" includes:

and (ii)- the4 batch- logEnrolled describedCopy inS.B. Subsection 20A-3a-401.1(5);

194 (ii) the batch log described in Subsection 20A-3a-401.1(5);

[(26)](26) (27) "Election officer" means:

- 16 - SB0194 compared with SB0194S06 (i) a school district ballot and election;

[(27)](27) (28) "Election official" means any election officer, election judge, or poll worker.

[(28)](28) (29) "Election results" means:

or (b) for bond elections, the count of those votes cast for and against the bond proposition plus- any5 or- allS.B. of the election returns that the board of canvassers may request.

[(29)]194 (30)Enrolled "ElectionCopy resultsplus database"any meansor all of the followingelection informationreturns generatedthat bythe votingboard equipment:of canvassers may request.

(29) "Election results database" means the following information generated by voting equipment:

[(30)](30) (31) "Election returns" means:

[(31)](31) (32) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

-(32) 17"Holiday" - SB0194 compared with SB0194S06 (33) "Federal ballot" means a ballotlegal thatholiday includesdescribed only the federal races that are to be presented for a vote in aSubsections particular63G-1-301(1) election.and (2).

[(32)](33) (34)"Inactive "Holiday"voter" means a legalregistered holidayvoter describedwho inis Subsectionslisted 63G-1-301(1)as andinactive (2).by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii).

[(33)](34) (35)"Judicial "Inactiveoffice" voter" means athe registeredoffice voterfilled who is listed as inactive by aany countyjudicial clerkofficer. under Subsection 20A-2-505(4)(c)(i) or (ii).

[(34)](35) (36) "Judicial office"officer" means theany officejustice filledor byjudge of a court of record or any judicialcounty officer.court judge.

[(35)](36) (37)"Local "Judicialelection" officer" means anya justiceregular orcounty judgeelection, ofa regular municipal election, a courtmunicipal ofprimary recordelection, ora anylocal countyspecial courtelection, judge.a special district election, and a bond election.

[(36)](37) (38) "Local election"political subdivision" means a regularcounty, county election, a regularmunicipality, municipal election, a municipalspecial primarydistrict, election,or a local- special6 election,- aEnrolled specialCopy districtS.B. election, and a bond election.

[(37)]194 (39) "Local political subdivision" means a county, a municipality, a special district, or a local school district.

[(38)](38) (40) "Local special election" means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote.

[(39)](39) (41) "Manual ballot" means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument.

[(40)](40) (42) "Mechanical ballot" means a record, including a paper record, electronic record, or mechanical record, that:

[(41)](41) (43) "Municipal executive" means:

[(42)](42) (44) "Municipal general election" means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202.

[(43)](43) (45) "Municipal legislative body" means the council of the city or town in any form of municipal government.

[(44)](44) (46) "Municipal office" means an elective office in a municipality.

[(45)](45) (47) "Municipal officers" means those municipal officers that are required by law to be elected.

-(46) 18 - SB0194 compared with SB0194S06 [(46)] (48) "Municipal primary election" means an election held to nominate candidates for municipal office.

[(47)](47) (49) "Municipality" means a city or town.

[(48)](48) (50) "Official ballot" means the ballots distributed by the election officer for voters to record their votes.

[(49)](49) (51) "Official endorsement" meansmeans[ ] the information on the ballot that identifies:

and (c)(c)(i) (i) for a ballot prepared by an election officer other than a county clerk, the facsimile[ signature- required7 by- SubsectionS.B. 20A-6-401(1)(a)(iii);

or194 (ii)Enrolled forCopy afacsimile ballotsignature prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii).20A-6-401(1)(a)(iii);

[(50)]or] (52)applicable "Official register" means the official record furnished to election officials by the election officer that contains the information requireddescribed byin: Section 20A-5-401.

[(51)](A) (53)Subsection "Political20A-6-401(1)(a)(iii) party"or means(iv); an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures.

[(52)](B) (54)Subsection (a)20A-6-401.1(1)(d)(iii) "Poll worker" means a person assigned by an election official to assist with an election, voting, or counting(iv); votes.

or (C) Subsection 20A-6-402(2)(a)(iii) or (iv);

or (ii) for a ballot prepared by a county clerk, the [words required by] applicable statement described in Subsection 20A-6-301(1)(b)(iii) or (iv).

(50) "Official register" means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401.

(51) "Political party" means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures.

(52)(a) "Poll worker" means a person assigned by an election official to assist with an election, voting, or counting votes.

[(53)](53) (55) "Pollbook" means a record of the names of voters in the order that the voters appear to cast votes.

[(54)](54) (56) "Polling place" means a building where voting is conducted.

[(55)](55) (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice.

[(56)](56) (58) "Presidential Primary Election" means the election established in Chapter 9, Part 8, Presidential Primary Election.

[(57)](57) (59) "Primary convention" means the political party conventions held during the year of the regular general election.

[(58)](58) (60) "Protective counter" means a separate counter, which cannot be reset, that:

- 19 - SB0194 compared with SB0194S06 (a) is built into a voting machine;

[(59)](59) (61) "Provider election officer" means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400.1.

[(60)](60) (62) "Provisional ballot" means a ballot voted provisionally by a person:

(b)- whose8 legal- rightEnrolled toCopy voteS.B. is challenged as provided in this title;

194 (b) whose legal right to vote is challenged as provided in this title;

[(61)](61) (63) "Provisional ballot envelope" means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote.

[(62)](62)(a) (64) (a) "Public figure" means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety.

[(b)(b) "Public figure" does not include an individual:]individual: [(i) elected to public office;

or](i) [(ii) appointed to fill a vacancy in an elected public office.] (b) "Public figure" includes an individual who is elected to public office,office; appointed to fill a vacancy in an elected public office, or employed by a government entity if, in relation to the individual's service in public office or employment as an employee of a government entity, the individual has received a threat of harm to a person or property.

[(63)] (65) "Qualify" or "qualified"(ii) meansappointed to takefill thea oathvacancy ofin officean andelected beginpublic performingoffice. the duties of the position for which the individual was elected.

[(64)](63) (66)"Qualify" "Receivingor judge""qualified" means theto polltake workerthe thatoath checksof theoffice voter'sand namebegin inperforming the officialduties registerof atthe aposition pollingfor placewhich and provides the voterindividual withwas aelected. ballot.

[(65)](64) (67)"Receiving "Registrationjudge" form" means athe formpoll byworker whichthat anchecks individualthe mayvoter's name in the official register toat votea underpolling thisplace title.and provides the voter with a ballot.

[(66)](65) (68)"Registration "Regularform" ballot" means a ballotform thatby iswhich notan aindividual provisionalmay ballot.register to vote under this title.

-(66) 20 - SB0194 compared with SB0194S06 [(67)] (69) "Regular generalballot" election" means thea electionballot heldthat throughoutis thenot statea onprovisional theballot. first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201.

[(68)](67) (70) "Regular primarygeneral election" means the election,election held throughout the state on the datefirst specifiedTuesday inafter Sectionthe 20A-1-201.5,first toMonday nominatein candidatesNovember of politicaleach partieseven-numbered andyear candidates for nonpartisanthe localpurposes schoolestablished boardin positionsSection to20A-1-201. advance to the regular general election.

[(69)](68) (71)"Regular "Resident"primary election" means athe personelection, whoheld resideson withinthe adate specificspecified votingin precinctSection in20A-1-201.5, Utah.to nominate candidates of political parties and candidates for nonpartisan local school board positions to advance to the regular general election.

[(70)](69) (72)"Resident" "Return envelope" means thea envelope,person describedwho inresides Subsectionwithin 20A-3a-202(4), provided to a voterspecific withvoting aprecinct manualin ballot:Utah.

(70) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:

[(71)](71) (73) "Sample ballot" means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405.

[(72)](72) (74) "Special district" means a local government entity under Title 17B, Limited Purpose Local- Government9 Entities - SpecialS.B. Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act.

[(73)]194 (75)Enrolled "SpecialCopy districtLocal officers"Government meansEntities those- Special Districts, and includes a special service district boardunder membersTitle who17D, areChapter required1, bySpecial lawService toDistrict beAct. elected.

[(74)](73) (76) "Special election"district officers" means anthose electionspecial helddistrict asboard authorizedmembers who are required by Sectionlaw 20A-1-203.to be elected.

[(75)](74) (77)"Special "Spoiledelection" ballot" means eachan ballotelection that:held as authorized by Section 20A-1-203.

(75) "Spoiled ballot" means each ballot that:

(78)(76) "Standard"Statewide ballot"special election" means a ballotspecial thatelection includescalled allby racesthe andgovernor ballotor propositionsthe thatLegislature arein towhich beall presentedregistered forvoters a vote in aUtah particularmay election.vote.

[(76)](77) (79)"Tabulation "Statewidesystem" special election" means a specialdevice electionor calledsystem bydesigned for the governorsole orpurpose theof Legislaturetabulating invotes whichcast allby registered voters inat Utahan mayelection. vote.

[(77)](78) (80)"Ticket" "Tabulation system" means a devicelist orof: system designed for the sole purpose of tabulating votes cast by voters at an election.

[(78)](a) (81)political "Ticket"parties; means a list of:

- 21 - SB0194 compared with SB0194S06 (a) political parties;

[(79)](79) (82) "Transfer case" means the sealed box used to transport voted ballots to the counting center.

[(80)](80) (83) "Vacancy" means:

(a) except as provided in Subsection [(80)(b)](80)(b), (83)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause;

[(81)](81) (84) "Valid voter identification" means:

or (B)- a10 branch,- department,Enrolled orCopy agencyS.B. of the United States;

194 (B) a branch, department, or agency of the United States;

or (c) two forms of identification not listed under Subsection [(81)(a)(81)(a) or (b)] (84)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:

(i)[(i) before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election;election;] [(ii) before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election;] [(iii)] (i) a certified birth certificate;

-[(iv)] 22 - SB0194 compared with SB0194S06 (ii) before January 1, 2029, an original or copy of a bankvalid orsocial othersecurity financialcard; account statement, dated no more than 90 calendar days before the date of the election;

[(v)] (iii) an original or copy of a certifiedcheck birthissued certificate;by the state or the federal government, dated no more than 90 calendar days before the date of the election;

[(vi)] (iv) an original or copy of a validpaycheck socialfrom securitythe card;voter's employer, dated no more than 90 calendar days before the date of the election;

[(vii)] (v) an original or copy of a checkcurrently issuedvalid byUtah thehunting state or thefishing federallicense; government, dated no more than 90 calendar days before the date of the election;

[(viii)] (vi) ancertified originalnaturalization ordocumentation; copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election;

[(ix)] (vii) a currently valid Utahlicense huntingissued orby fishingan license;authorized agency of the United States;

[(x)] (viii) a certified naturalizationcopy documentation;of court records showing the voter's adoption or name change;

[(xi)] (ix) a currently valid licenseMedicaid issuedcard, byMedicare ancard, authorizedor agencyElectronic ofBenefits theTransfer United[Card] States;card;

[(xii)] (x) a certifiedcurrently copyvalid ofidentification courtcard recordsissued showingby: the voter's adoption or name change;

(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer [Card] card;

(xii) a currently valid identification card issued by:

or (C) a college, university, technical school, or professional school located within the- state;11 - S.B.

or194 (xiii)Enrolled aCopy currentthe Utahstate; vehicle registration.

[(82)]or (85)[(xiii)] "Valid(xi) write-in candidate" means a candidatecurrent whoUtah hasvehicle qualifiedregistration. as a write-in candidate by following the procedures and requirements of this title.

[(83)](82) (86)"Valid "Votewrite-in bycandidate" mail" means toa vote,candidate usingwho ahas manualqualified ballotas thata iswrite-in mailedcandidate toby following the voter,procedures by:and requirements of this title.

(83) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:

[(84)](84) (87) "Voter" means an individual who:

[(85)](85) (88) "Voter registration deadline" means the registration deadline provided in Section 20A-2-102.5.

-(86) 23 - SB0194 compared with SB0194S06 [(86)] (89) "Voting area" means the area within six feet of the voting booths, voting machines, and ballot box.

[(87)](87) (90) "Voting booth" means:

[(88)](88) (91) "Voting device" means any device provided by an election officer for a voter to vote a mechanical ballot.

[(89)](89) (92) "Voting precinct" means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.

[(90)](90) (93) "Watcher" means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election.

[(91)](91) (94) "Write-in ballot" means a ballot containing any write-in votes.

[(92)](92) (95) "Write-in vote" means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title.

Section 2.

Section 20A-1-104 is amended to read:

20A-1-104 .

Computation of time.

(1) Time is computed in this title as provided in this section.

(2) Except as provided in Subsection (3), or as otherwise expressly provided in this title:

(a) if a provision describes a time period in terms of a certain number of calendar days:

- 12 - Enrolled Copy S.B.

194 (i) the time period is calculated by consecutive days;

and (ii) the beginning and ending day of the time period is the calendar day on which the time period begins or ends;

(b) if a provision describes a time period in terms of a certain number of business days, only the business days are included in the calculation;

and (c) if a provision describes a time period in terms of a certain number of days rather than calendar days or business days, the days referred to mean calendar days.

(3) A time period that relates to filing an action or document in court is calculated as provided in court rule.

(4) Except in relation to the following chapters, if a deadline described in this title ends on a weekend or holiday, the deadline is extended to the next business day:

(a) Chapter 19, Utah Independent Redistricting Commission and Standards Act;

and (b) Chapter 20, Utah Independent Redistricting Commission.

Section 3.

Section 20A-1-106 is amended to read:

20A-1-106 .

Duties of a clerk -- Prohibited action.

(1) As used in this section, "clerk" means an election officer other than the lieutenant governor.

(2) A clerk shall:

(a) comply with all of the following in relation to elections:

(i) federal and state law;

(ii) federal and state rules;

and (iii) the policies and direction of the lieutenant governor;

and (b) diligently learn and become familiar with the law, rules, policies, and direction described in Subsection (2)(a).

(3) A clerk may not alter election procedures or processes to favor, or discriminate against, the following with respect to an election that the clerk is involved in administering:

(a) a candidate;

(b) an individual seeking candidacy;

(c) a ballot measure;

or (d) a proposed ballot measure.

Section 420A-1-109 is enacted to read:

20A-1-109.20A-1-109 .

(1) The lieutenant governor shall, before August 31, 2026, create a written conflict of interest- risk13 avoidance- planS.B. that:

194 Enrolled Copy interest risk avoidance plan that:

and - 24 - SB0194 compared with SB0194S06 (ii) an explanation of why the type of decision or action does not constitute a conflict of interest or the appearance of a conflict of interest.

and (b) if requested by the chairs of the Government Operations Interim Committee, present the plan to the committee at a meeting of the committee specified by the chairs of the committee.committee;

Sectionand 1.(c) keep a copy of the plan available for public review on the lieutenant governor's website.

Section(3) 20A-1-201.5Beginning ison amendedJanuary to1, read:2029, when a new lieutenant governor first takes office, the lieutenant governor shall, within 90 days after first taking office:

20A-1-201.5.(a)(i) adopt the written conflict of interest risk avoidance plan used by the previous lieutenant governor;

Primaryor election(ii) dates.create a new written conflict of interest avoidance plan in accordance with the requirements described in Subsection (1);

(1)(b) Theforward regulara primarycopy electionof shall be held throughout the stateplan ondescribed the fourth Tuesday of June of each even numbered year as provided in SectionSubsection 20A-9-403[,](3)(a) or 20A-9-407, [or 20A-9-408, ]as applicable, to nominatethe personsGovernment forOperations national,Interim state,Committee; school board, and county offices.

(2)(c) Aif municipalrequested primaryby electionthe shallchairs beof held,the ifGovernment necessary,Operations onInterim theCommittee, secondpresent Tuesday following the firstplan Mondayto inthe Augustcommittee beforeat thea regularmeeting municipalspecified electionby tothe nominatechairs personsof for:the committee;

(a)and municipal(d) offices;keep a copy of the plan available for public review on the lieutenant governor's - 14 - Enrolled Copy S.B.

or194 (b)website. local school board office for a new school district or a reorganized new school district under Section 53G-3-302.

(3)(4) AIf, presidentialat primaryany electiontime shallduring bethe heldlieutenant throughoutgovernor's theterm stateof onoffice, the firstlieutenant Tuesdaygovernor inrevises March in the yearwritten inconflict whichof ainterest presidentialavoidance electionplan, willthe belieutenant held.governor shall:

Section(a) 2.forward a copy of the revised plan to the Government Operations Interim Committee;

Section(b) 20A-1-502if isrequested amendedby the chairs of the Government Operations Interim Committee, present the revised plan to read:the committee at a meeting specified by the chairs of the committee;

20A-1-502.and (c) keep a copy of the revised plan available for public review on the lieutenant governor's website.

{(Effective(5) 05/06/26)}MidtermThe vacancylieutenant ingovernor officeshall comply with the written conflict of Unitedinterest Statesavoidance senator.plan adopted or created by the lieutenant governor under this section.

(1) Except as provided in Subsections (2) and (3), when a vacancy occurs in the office of United States senator, the governor shall, within seven calendar days after the day on which the vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy that:

(a) sets a date for a primary congressional special election, and a later date for a general congressional special election, on the same day as one of the following elections:

(i) a municipal general election;

(ii) a presidential primary election;

(iii) a regular primary election;

or (iv) a regular general election;

- 25 - SB0194 compared with SB0194S06 (b) sets the date of the primary congressional special election on the same day as the next election described in Subsections (1)(a)(i) through (iv) that is more than 90 calendar days after the day on which the governor issues the proclamation;

(c) sets the date of the general special congressional election on the same day as the next election described in Subsection (1)(a) that is more than 90 calendar days after the primary special congressional election described in Subsection (1)(b);

[(d) provides each registered political party that is not a qualified political party at least 21 calendar days, but no more than 28 calendar days, to select one candidate, in a manner determined by the registered political party, as a candidate for the registered political party;] [(e)] (d) [for each qualified political party, ]provides at least 21 calendar days, but no more than 28 calendar days[:] [(i)] for [the qualified] a registered political party to select one candidate, using the convention process described in Section 20A-9-407, as a candidate for the [qualified] registered political party;[ and] [(ii) for a member of the qualified political party to submit signatures to qualify as a candidate for the qualified political party using the signature-gathering process described in Section 20A-9-408;] [(f)] (e) consistent with the requirements of this section, establishes the deadlines, time frames, and procedures for filing a declaration of candidacy, giving notice of an election, and other election requirements;

and [(g)] (f) requires an election officer to comply with the requirements of Chapter 16, Uniform Military and Overseas Voters Act.

(2) (a) The governor may set a date for a primary special congressional election or a general special congressional election on a date other than a date described in Subsection (1)(a) if:

(i) on the same day on which the governor issues the proclamation described in Subsection (1) the governor calls a special session for the Legislature to appropriate money to hold the election on a different day;

or (ii) if the governor issues the proclamation described in Subsection (1) on or after January 1, but before the end of the general session of the Legislature, and requests in the proclamation described in Subsection (1) that the Legislature appropriate money to hold the election on a different day.

- 26 - SB0194 compared with SB0194S06 (b) If the Legislature does not, under Subsection (2)(a), appropriate money to hold the election on a different day, the proclamation described in Subsection (1) is void and the governor shall, within seven calendar days after the day on which the Legislature declines to appropriate money to hold the election on a different day, issue a proclamation, in accordance with Subsection (1), that sets the special congressional primary and general elections on dates described in Subsections (1)(a)(i) through (iv).

(3) A special congressional election to fill a vacancy in the office of United States senator will not be held if:

(a) the next regular general election that occurs after the day on which the vacancy occurs is the regular general election that occurs immediately before the six-year term for the senate office ends;

and (b) the vacancy occurs after August 1 of the year before the regular general election described in Subsection (3)(a).

(4) (a) The governor shall appoint an individual to temporarily fill a vacancy in the office of United States senator from one of three individuals nominated by the Legislature, each of whom {[is a member of the political party of which the prior officeholder was a member at the time the prior officeholder was elected.{]} meets the qualifications for the office, as follows:} {(i) if the prior officeholder was a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, the individuals nominated by the Legislature shall be members of the registered political party of which the prior officeholder was a member when last elected or appointed;

or} {(ii) if the prior officeholder was not a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, the individuals nominated by the Legislature may be members of any registered political party or unaffiliated with a registered political party.} (b) The individual appointed under Subsection (4)(a) shall serve as United States senator until the earlier of the day on which:

(i) the vacancy is filled by election under Subsection (1) or (2);

or (ii) the six-year term for the senate office ends.

(5) An individual elected to fill a vacancy under this section shall serve until the end of the current term in which the vacancy filled by the election occurs.

- 27 - SB0194 compared with SB0194S06 (6) A vacancy in the office of United States senator does not occur unless the senator:

(a) has left the office;

or (b) submits an irrevocable letter of resignation to the governor or to the president of the United States Senate.

Section 3.

Section 20A-1-502.5 is amended to read:

20A-1-502.5.

Midterm vacancy in office of United States representative.

(1) Except as provided in Subsections (2) and (4), when a vacancy occurs in the office of United States representative, the governor shall, within seven calendar days after the day on which the vacancy occurs, issue a proclamation calling a special congressional election to fill the vacancy that:

(a) sets a date for a primary congressional special election, and a later date for a general congressional special election, on the same day as one of the following elections:

(i) a municipal general election;

(ii) a presidential primary election;

(iii) a regular primary election;

or (iv) a regular general election;

(b) sets the date of the primary congressional special election on the same day as the next election described in Subsections (1)(a)(i) through (iv) that is more than 90 calendar days after the day on which the governor issues the proclamation;

(c) sets the date of the general special congressional election on the same day as the next election described in Subsection (1)(a) that is more than 90 calendar days after the primary special congressional election described in Subsection (1)(b);

[(d) provides each registered political party that is not a qualified political party at least 21 calendar days, but no more than 28 calendar days, to select one candidate, in a manner determined by the registered political party, as a candidate for the registered political party;] [(e)] (d) [for each qualified political party, ]provides at least 21 calendar days, but no more than 28 calendar days[:] [(i)] for [the qualified] a registered political party to select one candidate, using the convention process described in Section 20A-9-407, as a candidate for the qualified political party;

[and] [(ii) for a member of the qualified political party to submit signatures to qualify as a candidate for the qualified political party using the signature-gathering process described in Section 20A-9-408;] - 28 - SB0194 compared with SB0194S06 [(f)] (e) consistent with the requirements of this section, establishes the deadlines, time frames, and procedures for filing a declaration of candidacy, giving notice of an election, and other election requirements;

and [(g)] (f) requires an election officer to comply with the requirements of Chapter 16, Uniform Military and Overseas Voters Act.

(2) The governor may set a date for a primary special congressional election or a general special congressional election on a date other than a date described in Subsection (1)(a) if:

(a) on the same day on which the governor issues the proclamation described in Subsection (1) the governor calls a special session for the Legislature to appropriate money to hold the election on a different day;

or (b) if the governor issues the proclamation described in Subsection (1) on or after January 1, but before the end of the general session of the Legislature, and requests in the proclamation described in Subsection (1) that the Legislature appropriate money to hold the election on a different day.

(3) If the Legislature does not, under Subsection (2), appropriate money to hold the election on a different day, the proclamation described in Subsection (1) is void and the governor shall, within seven calendar days after the day on which the Legislature declines to appropriate money to hold the election on a different day, issue a proclamation, in accordance with Subsection (1), that sets the special congressional primary and general elections on dates described in Subsections (1)(a)(i) through (iv).

(4) A special congressional election to fill a vacancy in the office of United States representative will not be held if the vacancy occurs fewer than 180 calendar days before the next regular general election.

(5) An individual who fills a vacancy under this section shall serve until the end of the current term in which the vacancy occurs.

(6) A vacancy in the office of United States representative does not occur unless the representative:

(a) has left the office;

or (b) submits an irrevocable letter of resignation to the governor or to the speaker of the United States House of Representatives.

Section 4.

Section 20A-1-503 is amended to read:

20A-1-503.

{(Effective 05/06/26)}Midterm vacancies in the Legislature.

(1) As used in this section:

- 29 - SB0194 compared with SB0194S06 (a) "Filing deadline" means the final date for filing:

(i) a declaration of candidacy as provided in Section 20A-9-202;

and (ii) a certificate of nomination as provided in Section 20A-9-503.

(b) "Party liaison" means the political party officer designated to serve as a liaison with the lieutenant governor on all matters relating to the political party's relationship with the state as required by Section 20A-8-401.

(2) When a vacancy occurs for any reason in the office of representative in the Legislature, the governor shall fill the vacancy {[by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior representative.{]} as follows:} {(a) if the prior officeholder was a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, by immediately appointing the individual whose name is submitted by the party liaison of the same registered political party of which the prior officeholder was a member when last elected or appointed, if the individual meets the qualifications for office;

or} {(b) if the prior officeholder was not a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, by immediately appointing one of three individuals, who meet the qualifications for office, nominated by the House of Representatives, regardless of whether the individual is a member of a particular registered political party or is unaffiliated with a registered political party.} (3) (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in the office of senator in the Legislature, {[it{]} the vacancy} shall be filled for the unexpired term at the next regular general election.

(b) The governor shall fill the vacancy until the next regular general election {[by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.{]} as follows:} {(i) if the prior officeholder was a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, by immediately appointing the individual whose name is submitted by the party liaison of the same registered political party of which the prior officeholder was a member when last elected or appointed, if the individual meets the qualifications for office;

or} - 30 - SB0194 compared with SB0194S06 {(ii) if the prior officeholder was not a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, by immediately appointing one of three individuals, who meet the qualifications for office, nominated by the Senate, regardless of whether the individual is a member of a particular registered political party or is unaffiliated with a registered political party.} (4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but before August 31 of an even-numbered year in which the term of office does not expire, the lieutenant governor shall:

(i) establish a date and time, which is before the date for a candidate to be certified for the ballot under Section 20A-9-701 and no later than 21 calendar days after the day on which the vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant office shall file:

(A) a declaration of candidacy;

or (B) a certificate of nomination;

and (ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):

(A) on the lieutenant governor's website;

and (B) to each registered political party.

(b) A person intending to obtain a position on the ballot for the vacant office shall:

(i) before the date and time specified in Subsection (4)(a)(i), file a declaration of candidacy or certificate of nomination according to the procedures and requirements of Chapter 9, Candidate Qualifications and Nominating Procedures;

and (ii) run in the regular general election if:

(A) nominated as a party candidate;

or (B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate Qualifications and Nominating Procedures.

(c) If a vacancy described in Subsection (3)(a) occurs after the deadline [described in Subsection 20A-9-202(1)(b)] for filing a declaration of candidacy and before August 31, of an even-numbered year in which the term of office does not expire, a party liaison from each registered political party may submit a name of a person described in Subsection (4)(b) to the lieutenant governor before 5 p.m.

no later than August 30 for placement on the regular general election ballot.

- 31 - SB0194 compared with SB0194S06 (5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an even-numbered year in which a term does not expire, the governor shall fill the vacancy for the unexpired term {[by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.{]} in accordance with Subsection (3)(b).} (6) (a) Except as provided in Subsection (6)(b), an individual seeking appointment to fill a vacancy described in this section shall, no later than the deadline for the individual to file an interim report under Subsection 20A-11-303(3)(a), make a complete conflict of interest disclosure on the website described in Section 20A-11-1602.5.

(b) An individual described in Subsection (6)(a) is not required to comply with Subsection (6)(a) if the individual:

(i) (A) currently holds the office of senator and is seeking appointment as a representative;

or (B) currently holds the office of representative and is seeking appointment as a senator;

(ii) already, that same year, filed a conflict of interest disclosure for the office described in Subsection (6)(b)(i), in accordance with Section 20A-11-1604;

and (iii) no later than the deadline described in Subsection (6)(a), indicates, in a written statement, that the conflict of interest disclosure described in Subsection (6)(b)(ii) is updated and accurate as of the date of the written statement.

(7) The lieutenant governor shall make each conflict of interest disclosure made by an individual described in Subsection (6)(a) available for public inspection in accordance with Subsection 20A-11-1603(4).

(8) A vacancy in the office of senator or representative of the Legislature does not occur unless the senator or representative:

(a) has left the office;

or (b) submits an irrevocable letter of resignation to:

(i) for a senator, the president of the Senate;

or (ii) for a representative, the speaker of the House of Representatives.

{Section 7.

Section 20A-1-504 is amended to read:

} 20A-1-504.

Midterm vacancies in the offices of attorney general, state treasurer, state auditor, State Board of Education member, and lieutenant governor.

- 32 - SB0194 compared with SB0194S06 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the unexpired term at the next regular general election.

[(b) The governor shall fill the vacancy until the next regular general election by:] [(i) appointing a person who meets the qualifications for the office from three persons nominated by the state central committee of the same political party as the prior officeholder;

or] [(ii) for a State Board of Education vacancy, if the individual who is being replaced:] [(A) was elected at a nonpartisan State Board of Education election, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications and residency requirements for filling the vacancy described in Section 20A-14-103;] [(B) was elected at a partisan State Board of Education election, but is not a member of a political party, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications and residency requirements for filling the vacancy described in Section 20A-14-103;

or] [(C) was elected at a partisan State Board of Education election, and is a member of a political party, by appointing an individual who meets the qualifications for the office from three persons nominated by the state central committee of the same political party as the prior officeholder.] (b) The governor shall fill a vacancy described in Subsection (1)(a) until the next general election, as follows:

(i) if the prior officeholder was a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, by immediately appointing the individual whose name is submitted by the party liaison of the same registered political party of which the prior officeholder was a member when last elected or appointed, if the individual meets the qualifications for office;

or (ii) if the prior officeholder was not a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications for office, regardless of whether the individual is a member of a particular registered political party or is unaffiliated with a registered political party.

- 33 - SB0194 compared with SB0194S06 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the advice and consent of the Senate, appoint a person to hold the office until the next regular general election at which the governor stands for election.

(3) (a) Except as provided in Subsection (3)(b), an individual seeking appointment to fill a vacancy described in this section shall make a complete conflict of interest disclosure on the website described in Section 20A-11-1602.5:

(i) for a vacancy in the office of lieutenant governor, attorney general, state treasurer, or state auditor, no later than the deadline for the individual to file an interim report under Subsection 20A-11-204(3)(a);

or (ii) for a vacancy in the office of State Board of Education member, no later than the deadline for the individual to file an interim report under Subsection 20A-11-1303(2)(a).

(b) An individual described in Subsection (3)(a) is not required to comply with Subsection (3)(a) if the individual:

(i) currently holds an office described in Subsection (1)(a) or (2);

(ii) already, that same year, filed a conflict of interest disclosure for the office described in Subsection (3)(b)(i), in accordance with Section 20A-11-1604;

and (iii) no later than the deadline described in Subsection (3)(a), indicates, in a written statement, that the conflict of interest disclosure described in Subsection (3)(b)(ii) is updated and accurate as of the date of the written statement.

(4) The lieutenant governor shall make each conflict of interest disclosure made by an individual described in Subsection (3)(a) available for public inspection in accordance with Subsection 20A-11-1603(4).

(5) A vacancy in an office described in Subsection (1)(a) or (2) does not occur unless the individual occupying the office:

(a) has left the office;

or (b) submits an irrevocable letter of resignation to the governor.

{Section 8.

Section 20A-1-508 is amended to read:

} 20A-1-508.

Midterm vacancies in county elected offices -- Temporary manager -- Interim replacement.

(1) As used in this section:

- 34 - SB0194 compared with SB0194S06 (a) (i) "County offices" includes the county executive, members of the county legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor, the county recorder, the county surveyor, and the county assessor.

(ii) "County offices" does not include the office of county attorney, district attorney, or judge.

(b) "Party liaison" means the political party officer designated to serve as a liaison with each county legislative body on all matters relating to the political party's relationship with a county as required by Section 20A-8-401.

(2) (a) Except as provided in Subsection (2)(d), until a county legislative body appoints an interim replacement to fill a vacant county office under Subsection (3), or the governor appoints an interim replacement under Subsection (4), the following shall temporarily discharge the duties of the county office as a temporary manager:

(i) for a county office with one chief deputy, the chief deputy;

(ii) for a county office with more than one chief deputy:

(A) the chief deputy with the most cumulative time served as a chief deputy for the county office;

or (B) notwithstanding Subsection (2)(a)(ii)(A), if, before the vacating county officer vacates the office, the county officer files with the county clerk a written statement designating one of the county officer's chief deputies to discharge the duties of the county office in the event the county officer vacates the office, the designated chief deputy;

or (iii) for a county office without a chief deputy:

(A) if one management-level employee serving under the county office has a higher-seniority management level than any other employee serving under the county office, that management-level employee;

(B) if two or more management-level employees serving under the county office have the same and highest-seniority management level, the highest-seniority management-level employee with the most cumulative time served in the employee's current position;

or (C) notwithstanding Subsection (2)(a)(iii)(A) or (B), if, before the vacating county officer vacates the office, the county officer files with the county clerk a written statement designating one of the county officer's employees to discharge the county officer's duties in the event the county officer vacates the office, the designated employee.

- 35 - SB0194 compared with SB0194S06 (b) Except as provided in Subsection (2)(c), a temporary manager described in Subsection (2)(a) who temporarily discharges the duties of a county office holds the powers and duties of the county office until the county legislative body appoints an interim replacement under Subsection (3) or the governor appoints an interim replacement under Subsection (4).

(c) The temporary manager described in Subsection (2)(a) who temporarily discharges the duties of a county office:

(i) may not take an oath of office for the county office as a temporary manager;

(ii) shall comply with Title 17, Chapter 63, Fiscal Authority and Processes, and the county's budget ordinances and policies;

(iii) unless approved by the county legislative body, may not change the compensation of an employee;

(iv) unless approved by the county legislative body, may not promote or demote an employee or change an employee's job title;

(v) may terminate an employee only if the termination is conducted in accordance with:

(A) personnel rules described in Subsection 17-75-602(2) that are approved by the county legislative body;

and (B) applicable law;

(vi) unless approved by the county legislative body, may not exceed by more than 5% an expenditure that was planned before the county office for which the temporary manager discharges duties was vacated;

(vii) except as provided in Subsection (2)(c)(viii), may not receive a change in title or compensation;

and (viii) if approved by the county legislative body, may receive a performance award after:

(A) the county legislative body appoints an interim replacement under Subsection (3) or the governor appoints an interim replacement under Subsection (4);

and (B) the interim replacement is sworn into office.

(d) This Subsection (2) does not apply to a vacancy in the office of county legislative body member.

(3) (a) Until a replacement is selected as provided in this section and has qualified, the county legislative body shall appoint an interim replacement to fill the vacant office by following the procedures and requirements of this Subsection (3) through Subsection (5).

- 36 - SB0194 compared with SB0194S06 (b) In addition to this Subsection (3), or Subsection (4) as applicable, an interim replacement appointed to the office of county auditor in a county of the first class is subject to the requirements described in Section 17-69-202.

(c) [(i)] To appoint an interim replacement, the county legislative body shall, within 10 calendar days after the day on which the vacancy occurs, give notice of the vacancy[ to]:

[(A)] (i) to the county clerk;

and [(B) the party liaison of the same political party of the prior office holder.

] (ii) if the prior officeholder was a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, to the party liaison of that registered political party.

[(ii)] (d) [The] If the prior officeholder was a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section:

(i) the county legislative body shall invite the party liaison described in Subsection [(3)(c)(i)(B)] (3)(c) (ii) to submit the name of an individual to fill the vacancy[.] ;

[(iii)] (ii) [The] the party liaison described in Subsection (3)(c)(ii) shall, no later than 5 p.m.

on the first business day that is at least 30 calendar days, after the day on which the party liaison receives the notice described in Subsection [(3)(c)(i)(B)] (3)(c)(ii), or if the party liaison does not receive the notice, no later than 5 p.m.

on the first business day that is at least 40 calendar days after the day on which the vacancy occurs, submit to the county legislative body the name of an individual who the party selects in accordance with the party's constitution or bylaws, and who meets the qualifications for the office, to serve as the interim replacement[.] ;

and [(iv)] (iii) [The] the county legislative body shall, no later than seven calendar days after the day on which a party liaison submits the name of [the] an individual who meets the qualifications for office to serve as the interim replacement, appoint the individual to serve out the unexpired term.

(e) If the prior officeholder was not a member of a registered political party when the prior officeholder last took office, either by election or by appointment under this section, the county legislative body shall, no later than 5 p.m.

on the first business day that is at least 30 calendar days after the day on which the county legislative body provides the notice described in Subsection (3)(c)(i), appoint an individual who meets the qualifications for the office to serve as the interim replacement, regardless - 37 - SB0194 compared with SB0194S06 of whether the individual is a member of a particular registered political party or is unaffiliated with a registered political party.

[(d)] (4) [(i)] If the county legislative body fails to appoint an interim replacement to fill the vacancy in accordance with Subsection [(3)(c)(iv), ] (3)(d) or (e), as applicable:

(a) the county clerk shall, no later than seven calendar days after the day of the deadline described in Subsection [(3)(c)(iv)] (3)(d)(iii) or (e), as applicable, send to the governor a letter that:

[(A)] (i) informs the governor that the county legislative body has failed to appoint a replacement within the statutory time period;[ and] (ii) states whether the prior officeholder is an officeholder described in Subsection (3)(d) or (e);

and [(B)] (iii) [contains] if the prior officeholder is an officeholder described in Subsection (3)(d), states the name of the individual submitted by the party liaison to fill the vacancy[.] ;

and [(ii)] (b) [The] the governor shall, within 10 calendar days after the day on which the governor receives the letter described in Subsection [(3)(d)(i),] (4)(a):

(i) if the prior officeholder is an officeholder described in Subsection (3)(d), appoint the individual named by the party liaison as an interim replacement to fill the vacancy[.] , if the individual meets the qualifications for office;

or (ii) if the prior officeholder is an officeholder described in Subsection (3)(e), appoint an individual who meets the qualifications for the office to serve out the unexpired term, regardless of whether the individual is a member of a particular registered political party or is unaffiliated with a registered political party.

[(e)] (5) An individual appointed as interim replacement under [this Subsection (3)] Subsection (3) or (4) shall hold office until a successor is elected and has qualified.

[(4)] (6) (a) The requirements of this Subsection [(4)] (6) apply to all county offices that become vacant if:

(i) the vacant office has an unexpired term of two years or more;

and (ii) the vacancy occurs after the election at which the officeholder was elected, or after the officeholder was appointed under this section, but before the first day of the declaration of candidacy filing period described in Section 20A-9-201.5.

(b) - 38 - SB0194 compared with SB0194S06 (i) When the conditions described in Subsection [(4)(a)] (6)(a) are met, the county clerk shall as soon as practicable, but no later than 180 calendar days before the next regular general election, notify the public and each registered political party that the vacancy exists.

(ii) An individual intending to become a party candidate for the vacant office shall file a declaration of candidacy in accordance with:

(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;

and (B) for a county commission office, Subsection 17-62-201(6) or 17-62-202(6), if applicable.

(iii) An individual who is nominated as a party candidate, who qualifies as an unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates not Affiliated with a Party, or who qualifies as a write-in candidate for the vacant office under Chapter 9, Part 6, Write-in Candidates, shall run in the regular general election.

[(5)] (7) (a) The requirements of this Subsection [(5)] (7) apply to all county offices that become vacant if:

(i) the vacant office has an unexpired term of two years or more;

and (ii) the vacancy occurs on or after the first day of the declaration of candidacy filing period described in Section 20A-9-201.5, but more than 75 calendar days before the regular primary election.