January 9, The Honorable Spencer Cox Utah Lieutenant Governor s Office Utah State Capitol Building, Suite 220 Salt Lake City, UT 84114

Transcription

1

2

3

4 January 9, 2018 The Honorable Spencer Cox Utah Lieutenant Governor s Office Utah State Capitol Building, Suite 220 Salt Lake City, UT RE: Keep My Voice Citizens Initiative Application Dear Lieutenant Governor Cox, As the sponsors of the Keep My Voice Citizens Initiative, we submit this application to your office to commence circulating a statewide initiative petition. The purpose of the Keep My Voice initiative is to: 1) safeguard the right of the people of Utah to associate freely with the political party of their choosing, 2) protect the people s and their political parties rights in nominating and selecting the candidates and leaders of their choosing, and 3) insure that the right of the people to meaningfully assemble in their local communities and neighborhood caucuses is preserved. These fundamental rights have already been significantly diminished with the passage of Utah Senate Bill 54 in 2014 and are further put in jeopardy by its Direct Primary companion initiative sponsored by Count My Vote. The damage that has already been done to Utah s historic neighborhood caucus system, that is driven so heavily by neighborhood elected delegates, disenfranchises thousands of grassroots participants and voters who have willingly and diligently engaged in that political process for almost a century. For these and the following reasons, Keep My Voice feels impelled to introduce the Freedom of Association Initiative.

5 CAUCUSES ARE A FUNDAMENTALLY AMERICAN METHOD OF PRESERVING REPUBLICAN GOVERNMENT Alexander Hamilton, in a speech urging ratification of the U.S. Constitution, boldly challenged any notion that America was intended to be a direct democracy. He remarked that, [i]t has been observed that a pure democracy if it were practicable would be the most perfect government. Experience has proved that no position is more false than this. The ancient democracies in which the people themselves deliberated never possessed one good feature of government. Their very character was tyranny; their figure deformity. 1 Supporting this repudiation of direct democracy, Benjamin Franklin, after the Constitutional convention, famously remarked to the attendant crowd that America was [a] Republic, if you can keep it. 2 Caucuses and conventions, as historic methods of representative selection, go hand in hand with our Republic and are older than the United States herself. Author and historian William Hogeland observed that American founders such as Samuel Adams and John Adams used caucuses to organize local governing bodies that the governor could not to shut down. 3 These same caucuses would be used to organize the American Revolution itself. 4 Town and neighborhood caucuses would become woven into the very fabric of American political organization. After his presidency, Thomas Jefferson made it his political goal and passion to divide the nation into small wards. He reflected that when each person shared in the direction of his ward-republic they would let the heart be torn out of his body sooner than his power be wrested from him by a Caesar or Bonaparte. 5 By wards, Jefferson was not thinking in LDS congregational terms but of a politically empowered system of mini-republics within every American community. Not coincidentally, the LDS people were similarly committed to this type of political organizing and after arriving in the Salt Lake valley quickly set up a system of town and local caucuses. 6 1 Moore, Frank. New York: D. Appleton and Company, Print. 2 The Records of the Federal Convention of 1787, ed. Max Farrand, vol. 3, appendix A, p. 85 (1911, reprinted 1934). 3 Hogeland, William. New York: Simon & Schuster, Print. 4 Id. 5 The Writings of Thomas Jefferson. Edited by Andrew A. Lipscomb and Albert Ellery Bergh. 20 vols. Washington: Thomas Jefferson Memorial Association, Whitney, Orson F. Salt Lake City: George Q. Cannon & Sons Co., vol. 4, p. 302 (1904. Print).

6 Utah has ever been a caucus state except for one historical lapse when for approximately a decade the state shifted to a direct primary system. After twice running and losing his party nomination then state Senator Herbert Maw promoted legislation that mandated direct primaries. Not coincidentally, he subsequently won the nomination for Governor of Utah. 7 Within a decade of the implementation of this direct primary experiment in the 1940 s, cries arose for its repeal. The Deseret News editorial board lamented that the cost of primary runoffs was high and voter participation had dropped to a historic low. 8 They further observed that the direct primary system had made it possible for political machines to select candidates who do not adequately represent the party whose standards they bear. 9 Without some form of caucus and convention system the state risked crooks and rogues being swept into office. 10 SB 54 AND COUNT MY VOTE WOULD ELIMINATE UTAH S HISTORICAL CAUCUS TRADITION Despite Utah s and America s deep foundation in the caucus system there are those who seek to replay Utah s failed affair with direct primaries. A group calling themselves Count My Vote ( CMV ) has lobbied heavily for the elimination of Utah s historic caucus system and seeks to once again implement a direct primary. Count My Vote (also going by the name of Alliance for Good Government, CMV PAC and Friends of Count My Vote) is a veritable who s who list of political power brokers and high dollar political donors. CMV has tried to convince Utah, contrary to historical experience, that their efforts would increase voter participation. 11 They have also tried to package their effort as expansive of party and voter choice rather than as a restrictive mandate. 7 Sobel, Robert, and John Raimo, eds. Biographical Directory of the Governors of the United States, , Vol. IV. Westport, CT: Meckler Books, vols. 8 Our Primary Law is Like the Weather, Deseret News, Salt Lake City, 22 August Id. 10 Id. 11 Leavitt, Michael, Matheson, Norma, Miller, Gail. "Count My Vote citizen s initiative petition." Letter to The Honorable Spencer Cox. 8 Nov MS. Salt Lake City, Utah.

7 While CMV s marketing efforts have been silent about the desire to narrowly craft Utah s laws to restrict free association of parties they have not been shy about their method of doing so, i.e. seeking to implement through legislation or initiative a direct primary election. 12 Count My Vote has found friends in the Utah Legislature to help them implement their direct primary plan. In 2014, as a direct result of the efforts of CMV, the Utah Legislature passed Senate Bill 54 (SB 54) 13. Not coincidentally, the sponsor of that bill, in one year alone, received $ directly from Count My Vote s political action committee and $18, total from their financial backers. 14 Many of the political parties in Utah have leveled legal challenges at SB 54 as violative of their freedom of association. Particularly, the Utah Republican Party (the Utah GOP ) is locked in a legal battle with the State of Utah before the United States Tenth Circuit Court of Appeals over the constitutionality of SB 54. The Utah GOP argues that SB 54 is unconstitutional and that it has burdened its rights by imposing a candidate-selection procedure that contradicts the URP s established procedures. 15 CMV s false pretense of increased choice quickly fell away under legal scrutiny. After the adoption of SB 54 government lawyers from the State of Utah affirmatively represented to the US District Court that parties could choose between a nomination convention or a primary petition method but later argued the exact opposite admitting that the purpose of SB 54 was forced compliance into one system and one system only. 16 The U.S. District Court of Utah and the Utah Supreme Court have both acknowledged that SB 54 did mandate compliance from Utah s political parties. The U.S. District Court stated 12 Birkenstock, Joseph M., Kirk L. Jowers, and Bryson B. Morgan. "Initiative to Reform Utah s Process for Selecting Party Nominees to Appear on the General-Election Ballot." Letter to The Honorable Gregory S. Bell. 25 Sept MS. Washington D.C., Washington D.C. 13 Elections Amendments, S.B. 54, General Session, 60 th Leg. State of Utah (2014). 14 Lieutenant Governor's Office - Public Search. State of Utah: State of Utah, 5 Jan. 2018, Adisclosures.utah.gov/Search/PublicSearch/FolderDetails/ Brief of Plaintiff-Apellant at 28-29, Utah Republican Party, et. al v. Spencer J. Cox, No (10 th Cir. Dec. 13, 2016). 16 Utah Republican Party v. Gary R. Herbert, et. al. No. 2:16-cv U.S. District Court, District of Utah (Central). 9 December The qualified political party let me go back to that under 12(d), has to permit the member to do one or both of the petition method or nomination through the convention method. So, if they only permit nomination by convention, they would be a QPP under 12(d). 19 To which Defendants counsel answered: Yes, later confirming: You can be a QPP by providing either of those methods or both. 20 (20. Id. at 35:23, 36:8-10. Defendants counsel stated that he viewed 101(d) as conflicting with another provision from SB54, 20A-9-406(3), which he argued, reaffirm[ed] the right of the individual, 20 explaining how he anticipated that would be the next lawsuit. Id. at 35:4-15, 35:24-36:5.

8 that a Utah political party must permit its members to seek its nomination by either or both the convention and the signature process. Utah Republican Party v. Cox, 2016 UT 17, 4, 373 P.3d 1286, 1287 (emphasis added). This acknowledgment by the Court of this mandate is no surprise to anyone who has followed the less than public workings of Count My Vote or read their current proposed initiative that further exacerbates the problems of SB 54 with even more heavy handed and opportunistic mandates including provisions that are likely unconstitutional when viewed in light of the most recent United States Supreme Court rulings. // // COUNT MY VOTE HAS CAUSED UNPRECEDENTED DIVISIVENESS, CONFUSION AND SEEKS TO STIFLE FIRST AMENDMENT RIGHTS CMV s hallmark thus far has been divisiveness and discord. Not only does it uproot a fundamental aspect of American representative democracy, but it has created unprecedented discord among the organizations it claims to want to help. It has touted publicly its desire to provide more choice for political parties and candidates and to enhance candidate access to the ballot but their latest initiative pushes over the line into impermissible intrusions into the constitutional rights of free associations while also creating an entirely new and costly election between the primary and the general election called a runoff election. This is an unnecessary waste of taxpayer money. The CMV initiative eliminates the substantive participation of Utah s neighborhood delegates via the historic caucus system that was first set up as part of the territorial governance of Utah by early Latter Day Saint leaders. Specifically, it forces an elections officer to prevent any candidate from listing their party s endorsement unless that candidate has been nominated under the CMV direct primary system. Under CMV s initiative, Utah s historic neighborhood caucus system will be rendered meaningless as the traditional state and county delegates will no longer serve any practical function in screening and selecting candidates. State and county delegate driven nominating conventions, for accessing the general election ballot, are neither recognized nor allowed under CMV s proposed law. To add insult to injury, CMV s latest initiative seeks also to force government elections officers to designate a certain individual as a member of a political party even if the political

9 party disagrees. 17 This is where CMV most expressly pushes the bounds of legality under the First Amendment. By forcing election officers to list non-party selected candidates with the party name on the ballot, the proposed law fails to clearly convey that the listed candidates and their preferred parties are not necessarily associated. This strikes against the Supreme Court s recent decision in Washington State Grange v. Washington State Republican Party, 128 S. Ct (2008). The Respondents in Washington State Grange (the Washington State Republican Party) asserted that under a CMV-like candidate party preference scheme, voters would assume that candidates on the ballot were the party s preferred nominee; or that the voters would assume that the parties associate with, and approve of, the nominees. Id at Justice Thomas, delivering the opinion of the Court, indicated that such a concern was not ripe, it was still speculative but in their concurrence Justices Roberts and Alito observed that [i]f the ballot is designed in such a manner that no reasonable voter would believe that the candidates listed there are nominees or members of, or otherwise associated with, the parties the candidates claimed to prefer, the I 872 primary system would likely pass constitutional muster. However, if the ballot merely lists the candidates' preferred parties next to the candidates' names, or otherwise fails clearly to convey that the parties and the candidates are not necessarily associated, the I 872 system would not survive a First Amendment challenge. Id at The CMV initiative, stacked upon SB 54, creates this very quandary discussed above and fails to protect the first amendment rights of Utah s citizens and free associations. Utah need not invite any further divisiveness in this regard. Government mandates that override a citizen s free participation in a political party, and the oxymoronic regulation of the free association of political parties themselves is not new in the American political arena. Ever since the early mid twentieth century, when the Progressive Party exerted its influence (so aptly seen in California) to use direct primaries as a vital weapon in their battle against traditional caucuses and conventions, states like California have slipped further and further into the type of direct democracy so abhorred by our Founding Fathers Leavitt, Michael, Matheson, Norma, Miller, Gail. "Count My Vote citizen s initiative petition." Letter to The Honorable Spencer Cox. 8 Nov MS. Salt Lake City, Utah. 18 Lightfoot v. Eu, 964 F.2d 865, (9th Cir. 1992), as amended (July 6, 1992)

10 Such meddling is not in accord with Utah s history, Utah s respect for original constitutional republicanism, or with longstanding constitutional principles. THE KEEP MY VOICE INITIATIVE WILL RESTORE AND SAFEGUARD FREE ASSOCIATION AND ALLOW FOR THE CONTINUANCE OF MEANINGFUL NEIGHBORHOOD CAUCUSES Keep My Voice seeks to restore Utah s ability to meaningfully gather in their political associations and neighborhood meeting without undue government mandates and influence. Because the legislature has not acted to correct their error and instead has combined with large money special interest donors to diminish our constitutionally protected rights to freely assemble and associate with the political organizations of our choice, we believe it is imperative to repeal SB 54, which is the purpose of this initiative. Sincerely, Dave Bateman Jonathan Johnson Chris Herrod Jacqueline Smith Mac Sims

11 FREEDOM OF ASSOCIATION INITIATIVE LONG TITLE General Description: This bill amends provisions relating to elections. Statement of Intent: For generations Utah communities have gathered every two years in their local neighborhood caucus meeting to discuss, deliberate and vote for the delegates who will accept the responsibility to serve their local community in thoroughly reviewing candidates for elected office. The neighborhood caucus system requires candidates to speak directly to voters and assures that political party nominees are sufficiently vetted and supported by people not special interest. In direct primary elections candidates are required to reach tens of thousands of people in a very short period. This is impossible and so candidates are forced to raise large sums of money, primarily from lobbyists and special interest groups, which in turn spawns impersonal campaigns that focus on television ads, automated phone calls and junk mail instead of on direct contact between real people. The result is a system of special interest and election profiteering. Government should not be in the business of dictating how constitutionally protected organizations and associations govern their membership and process. Utah citizens should remain free to choose how they participate in their political party of choice, how they govern their party and in turn the method by which they select their candidates for elected office. The people and their political parties should not be forced to choose how their candidates will access the primaryelection ballot. This initiative will allow the people of Utah, in their respective political parties, to determine how their party s nomination for elective office may be sought. It will also remove the forced provision that members of registered political parties must allow the political party s nomination to be obtained by signature collection. Utah s neighborhood caucus system is a civic tradition that has served our state well in producing responsible government and maximizing grassroots citizen participation. It merits protection and preservation and the citizens of this state will make their voice heard on this Utah tradition through this initiative.

12 Highlighted Provisions: This initiative: - defines terms and modifies defined terms; - Modifies a severability clause; - modifies dates and provisions relating to notice of election; - allows a ballot or ballot sheet to indicate that a candidate may be associated with a political party; - changes dates relating to the publication of the master ballot position list; - removes provisions relating to qualified political parties; - permits members of registered political parties to seek the registered political party s nomination for elective office by seeking the nomination through the convention process; - repeals the forced provision that members of registered political parties must allow the political party s nomination to be obtained by signature collection; - modifies provisions and dates relating to a declaration of candidacy; - repeals forced provision that candidates for elective office shall be nominated in direct primary elections - modifies provisions relating to the conduct of a primary election; - repeals provisions regarding petition requirements for appearing on a primary election ballot for nomination as a candidate for a political party; - repeals rulemaking authority; - describes duties of the election officers in relation to the provisions of this bill; and - repeals requirements and exceptions for a qualified political party. Money Appropriated in this Initiative: None Other Special Clauses: None Utah Code Sections Affected:

13 AMENDS: 20A-1-103, as last amended by Laws of Utah 2015, Chapter A , as last amended by Laws of Utah 2015, Chapters 296 and A-1-501, as last amended by Laws of Utah 2016, Chapter 16 20A-5-101, as last amended by Laws of Utah 2017, Chapters 251 and A-6-301, as last amended by Laws of Utah 2016, Chapter 66 20A-6-302, as last amended by Laws of Utah 2014, Chapter 17 20A-6-303, as last amended by Laws of Utah 2016, Chapter 66 20A-6-304, as last amended by Laws of Utah 2016, Chapter 66 20A-6-305, as last amended by Laws of Utah 2017, Chapter A-8-103, as last amended by Laws of Utah 2017, Chapter 91 20A-9-101, as last amended by Laws of Utah 2016, Chapter 16 20A-9-202, as last amended by Laws of Utah 2017, Chapter 63 20A-9-403, as last amended by Laws of Utah 2017, Chapter 91 20A as last amended by Laws of Utah 2015, Chapter 296 REPEALS: 20A-9-405, as last amended by Laws of Utah 2014, Chapter 17 20A-9-406, as last amended by Laws of Utah 2017, Chapter 91 20A-9-407, as last amended by Laws of Utah 2017, Chapter 91 20A-9-408, as last amended by Laws of Utah 2017, Chapter 91 20A , as last amended by Laws of Utah 2015, Chapter A-9-409, as last amended by Laws of Utah 2017, Chapters 54 and 91 20A-9-410, as last amended by Laws of Utah 2014, Chapter 17 20A-9-411, as last amended by Laws of Utah 2015, Chapter 296 Be It enacted by the People of the State of Utah: Section 1. Section 20A is amended to read:

14 A Severability clause. If any provision of [Laws of Utah 2014, Chapter 17] this Freedom of Association Initiative, or the application of any provision of [Laws of Utah 2014, Chapter 17] this Freedom of Association Initiative, to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of [Laws of Utah 2014, Chapter 17] this Freedom of Association Initiative, shall be given effect without the invalid provision or application. The provisions of [Laws of Utah 2014, Chapter 17] this Freedom of Association Initiative, are severable. Section 2. Section 20A is amended to read: 20A Primary election dates. (1) A regular primary election shall be held throughout the state on the fourth Tuesday of June of each even numbered year as provided in Section 20A-9-403[, 20A-9-407,] or [20A-9-408,] as applicable, to nominate persons for: (a) national, state, school board, and county offices; and (b) offices for a metro township, city, or town incorporated under Section 10-2a-404. (2) A municipal primary election shall be held, if necessary, on the second Tuesday following the first Monday in August before the regular municipal election to nominate persons for municipal offices. (3) If the Legislature makes an appropriation for a Western States Presidential Primary election, the Western States Presidential Primary election shall be held throughout the state on the first Tuesday in February in the year in which a presidential election will be held. Section 3. Section 20A is amended to read: 20A Candidate vacancies -- Procedure for filling. (1) The state central committee of a political party, for candidates for United States senator, United States representative, governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for legislative candidates whose legislative districts encompass more than one county, and the county central committee of a political party, for all other party candidates seeking an office elected at a regular general election, may certify the name of another candidate to the appropriate election officer if:

15 (a) for a registered political party that will have a candidate on a ballot in a primary election, after the close of the period for filing a declaration of candidacy and continuing through the day before the day on which the lieutenant governor [provides the list] makes the certification described in Subsection 20A-9-403[(4)(a)](2)(c): (i) only one or two candidates from that party have filed a declaration of candidacy for that office; and (ii) one or both: (A) dies; (B) resigns because of acquiring a physical or mental disability, certified by a physician, that prevents the candidate from continuing the candidacy; or (C) is disqualified by an election officer for improper filing or nominating procedures; (b) for a registered political party that does not have a candidate on the ballot in a primary, but that will have a candidate on the ballot for a general election, after the close of the period for filing a declaration of candidacy and continuing through the day before the day on which the lieutenant governor makes the certification described in Section 20A-5-409, the party s candidate: (i) dies; (ii) resigns because of acquiring a physical or mental disability as certified by a physician; (iii) is disqualified by an election officer for improper filing or nominating procedures; or (iv) resigns to become a candidate for president or vice president of the United States; or (c) for a registered political party with a candidate certified as winning a primary election, after the deadline described in Subsection (1)(a) and continuing through the day before that day on which the lieutenant governor makes the certification described in Section 20A-5-409, the party s candidate: (i) dies; (ii) resigns because of acquiring a physical or mental disability as certified by a physician; (iii) is disqualified by an election officer for improper filing or nominating procedures; or (iv) resigns to become a candidate for president or vice president of the United States. (2) If no more than two candidates from a political party have filed a declaration of candidacy for an

16 office elected at a regular general election and one resigns to become the party candidate for another position, the state central committee of that political party, for candidates for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for legislative candidates whose legislative districts encompass more than one county, and the county central committee of that political party, for all other party candidates, may certify the name of another candidate to the appropriate election officer. (3) Each replacement candidate shall file a declaration of candidacy as required by Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy. (4)(a) The name of a candidate who is certified under Subsection (1)(a) after the deadline described in Subsection (1)(a) may not appear on the primary election ballot. (b) The name of a candidate who is certified under Subsection (1)(b) after the deadline described in Subsection (1)(b) may not appear on the general election ballot. (c) The name of a candidate who is certified under Subsection (1)(c) after the deadline described in Subsection (1)(c) may not appear on the general election ballot. (5) A political party may not replace a candidate who is disqualified for failure to timely file a campaign disclosure financial report under Title 20A, Chapter 11, Campaign and Financial Reporting Requirements, or Section Section 4. Section 20A is amended to read: 20A Notice of election. (1) On or before [November 15] February 1 in [the year before] each regular general election year, the lieutenant governor shall prepare and transmit a written notice to each county clerk that: (a) designates the offices to be filled at the next year s regular general election; (b) identifies the dates for filing a declaration of candidacy[, and for submitting and certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407, and 20A-9-408] for those offices; (c) includes the master ballot position list for the current year and the next year [and the year following] as established under Section 20A-6-305; and

17 (d) contains a description of any ballot propositions to be decided by the voters that have qualified for the ballot as of that date. (2)(a) No later than seven business days after the day on which the lieutenant governor transmits the written notice described in Subsection (1), each county clerk shall: (i) publish a notice: (A) once in a newspaper published in that county; and (B) as required in Section ; or (ii)(a) cause a copy of the notice to be posted in a conspicuous place most likely to give notice of the election to the voters in each voting precinct within the county; and (B) prepare an affidavit of that posting, showing a copy of the notice and the places where the notice was posted. (b) The notice required by Subsection (2)(a) shall: (i) designate the offices to be voted on in that election; and (ii) identify the dates for filing a declaration of candidacy for those offices. (3) Before each election, the election officer shall give printed notice of the following information, or printed notice of a website where the following information can be obtained: (a) the date of election; (b) the hours during which the polls will be open; (c) the polling places for each voting precinct, early voting polling place, and election day voting center; (d) the address of the Statewide Electronic Voter Information Website and, if available, the address of the election officer s website, with a statement indicating that the election officer will post on the website any changes to the location of a polling place and the location of any additional polling place; (e) a phone number that a voter may call to obtain information regarding the location of a polling place; and (f) the qualifications for persons to vote in the election. (4) To provide the printed notice described in Subsection (3), the election officer shall:

18 (a) publish the notice at least two days before election day: (i) in a newspaper of general circulation common to the area to which the election pertains; and (ii) as required in Section ; or (b) mail the notice to each registered voter who resides in the area to which the election pertains at least five days before election day. Section 5. Section 20A is amended to read: 20A Paper ballots -- Regular general election. (1) Each election officer shall ensure that: (a) all paper ballots furnished for use at the regular general election contain: (i) no captions or other endorsements except as provided in this section; [(ii) no symbols, markings, or other descriptions of a political party or group, except for a registered political party that has chosen to nominate its candidates in accordance with Section 20A-9-403; and (iii) no indication that a candidate for elective office has been nominated by, or has been endorsed by, or is in any way affiliated with a political party or group, unless the candidate has been nominated by a registered political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5).] (b)(i) the paper ballot contains a ballot stub at least one inch wide, placed across the top of the ballot, and divided from the rest of ballot by a perforated line; (ii) the ballot number and the words Poll Worker s Initial are printed on the stub; and (iii) ballot stubs are numbered consecutively; (c) immediately below the perforated ballot stub, the following endorsements are printed in 18 point bold type: (i) Official Ballot for County, Utah ; (ii) the date of the election; and (iii) the words Clerk of County or, as applicable, the name of a combined office that includes the duties of a county clerk; (d) the party name or title is printed in capital letters not less than one-fourth of an inch high;

19 (e) unaffiliated candidates, candidates not affiliated with a registered political party, and all other candidates for elective office who were not nominated by a registered political party in accordance with Subsection 20A-9-202(4) or Subsection 20A-9-403(5), are listed with the other candidates for the same office in accordance with Section 20A-6-305, without a party name or title, and with a mark referencing the following statement at the bottom of the ticket: This candidate is not affiliated with, or does not qualify to be listed on the ballot as affiliated with, a political party. ; (f) each ticket containing the lists of candidates, including the party name and device, are separated by heavy parallel lines; (g) the offices to be filled are plainly printed immediately above the names of the candidates for those offices; (h) the names of candidates are printed in capital letters, not less than one-eighth nor more than onefourth of an inch high in heavy-faced type not smaller than 10 point, between lines or rules three-eighths of an inch apart; and (i) on a ticket for a race in which a voter is authorized to cast a write-in vote and in which a write-in candidate is qualified under Section 20A-9-601: (i) the ballot includes a space for a write-in candidate immediately following the last candidate listed on that ticket; or (ii) for the offices of president and vice president and governor and lieutenant governor, the ballot includes two spaces for write-in candidates immediately following the last candidates on that ticket, one placed above the other, to enable the entry of two valid write-in candidates. (2) Each election officer shall ensure that: (a) each person nominated by any [registered] political party or group of petitioners under Subsection 20A-9-202(4) or Subsection 20A-9-403(5), and no other person, is placed on the ballot: (i) under the [registered political party s] party name, if any; or (ii) under the title of the [registered political] party or group as designated by them in their certificates of nomination or petition, or, if none is designated, then under some suitable title;

20 (b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot; (c) the names of the candidates for president and vice president are used on the ballot instead of the names of the presidential electors; and (d) the ballots contain no other names. (3) When the ballot contains a nonpartisan section, the election officer shall ensure that: (a) the designation of the office to be filled in the election and the number of candidates to be elected are printed in type not smaller than eight point; (b) the words designating the office are printed flush with the left-hand margin; (c) the words, Vote for one or Vote for up to (the number of candidates for which the voter may vote) extend to the extreme right of the column; (d) the nonpartisan candidates are grouped according to the office for which they are candidates; (e) the names in each group are placed in the order specified under Section 20A with the surnames last; and (f) each group is preceded by the designation of the office for which the candidates seek election, and the words, Vote for one or Vote for up to (the number of candidates for which the voter may vote), according to the number to be elected. (4) Each election officer shall ensure that: (a) proposed amendments to the Utah Constitution are listed on the ballot in accordance with Section 20A-6-107; (b) ballot propositions submitted to the voters are listed on the ballot in accordance with Section 20A-6-107; and (c) bond propositions that have qualified for the ballot are listed on the ballot under the title assigned to each bond proposition under Section Section 6. Section 20A is amended to read: 20A Paper ballots -- Placement of candidates names.

21 (1) Each election officer shall ensure, for paper ballots in regular general elections, that: (a) each candidate is listed by party, [if nominated by a registered political party under Subsection 20A (4) or Subsection 20A-9-403(5)]; (b) candidates surnames are listed in alphabetical order on the ballots when two or more candidates names are required to be listed on a ticket under the title of an office; and (c) the names of candidates are placed on the ballot in the order specified under Section 20A (2)(a) When there is only one candidate for county attorney at the regular general election in counties that have three or fewer registered voters of the county who are licensed active members in good standing of the Utah State Bar, the county clerk shall cause that candidate s name and party affiliation, if any, to be placed on a separate section of the ballot with the following question: Shall (name of candidate) be elected to the office of county attorney? Yes No. (b) If the number of Yes votes exceeds the number of No votes, the candidate is elected to the office of county attorney. (c) If the number of No votes exceeds the number of Yes votes, the candidate is not elected and may not take office, nor may the candidate continue in the office past the end of the term resulting from any prior election or appointment. (d) When the name of only one candidate for county attorney is printed on the ballot under authority of this Subsection (2), the county clerk may not count any write-in votes received for the office of county attorney. (e) If no qualified person files for the office of county attorney or if the candidate is not elected by the voters, the county legislative body shall appoint the county attorney as provided in Section 20A (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the two consecutive terms immediately preceding the term for which the candidate is seeking election, Subsection (2)(a) does not apply and that candidate shall be considered to be an unopposed candidate the same as any other unopposed candidate for another office, unless a petition is filed with the county clerk before the date of that year s primary election that: (i) requests the procedure set forth in Subsection (2)(a) to be followed; and

22 (ii) contains the signatures of registered voters in the county representing in number at least 25% of all votes cast in the county for all candidates for governor at the last election at which a governor was elected. (3)(a) When there is only one candidate for district attorney at the regular general election in a prosecution district that has three or fewer registered voters of the district who are licensed active members in good standing of the Utah State Bar, the county clerk shall cause that candidate s name and party affiliation, if any, to be placed on a separate section of the ballot with the following question: Shall (name of candidate) be elected to the office of district attorney? Yes No. (b) If the number of Yes votes exceeds the number of No votes, the candidate is elected to the office of district attorney. (c) If the number of No votes exceeds the number of Yes votes, the candidate is not elected and may not take office, nor may the candidate continue in the office past the end of the term resulting from any prior election or appointment. (d) When the name of only one candidate for district attorney is printed on the ballot under authority of this Subsection (3), the county clerk may not count any write-in votes received for the office of district attorney. (e) If no qualified person files for the office of district attorney, or if the only candidate is not elected by the voters under this subsection, the county legislative body shall appoint a new district attorney for a four-year term as provided in Section 20A (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the two consecutive terms immediately preceding the term for which the candidate is seeking election, Subsection (3)(a) does not apply and that candidate shall be considered to be an unopposed candidate the same as any other unopposed candidate for another office, unless a petition is filed with the county clerk before the date of that year s primary election that: (i) requests the procedure set forth in Subsection (3)(a) to be followed; and (ii) contains the signatures of registered voters in the county representing in number at least 25% of all votes cast in the county for all candidates for governor at the last election at which a governor was elected. Section 7. Section 20A is amended to read:

23 A Regular general election -- Ballot sheets. (1) Each election officer shall ensure that: (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in approximately the same order as paper ballots; (b) the ballot sheet or any pages used for the ballot label are of sufficient number to include, after the list of candidates: (i) the names of candidates for judicial offices and any other nonpartisan offices; and (ii) any ballot propositions submitted to the voters for their approval or rejection; (c) the office titles are printed immediately adjacent to the names of candidates so as to indicate clearly the candidates for each office and the number to be elected; (d) the party designation of each candidate [who has been nominated by a registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5)] is printed immediately adjacent to the candidate s name; and (e)(i) if possible, all candidates for one office are grouped in one column or upon one page; (ii) if all candidates for one office cannot be listed in one column or grouped on one page: (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of candidates is continued on the following column or page; and (B) approximately the same number of names shall be printed in each column or on each page. (2) Each election officer shall ensure that: (a) proposed amendments to the Utah Constitution are listed in accordance with Section 20A-6-107; (b) ballot propositions submitted to the voters are listed in accordance with Section 20A-6-107; and (c) bond propositions that have qualified for the ballot are listed under the title assigned to each bond proposition under Section Section 8. Section 20A is amended to read: 20A Regular general election -- Electronic ballots. (1) Each election officer shall ensure that:

24 (a) the format and content of the electronic ballot is arranged in approximately the same order as paper ballots; (b) the titles of offices and the names of candidates are displayed in vertical columns or in a series of separate display screens; (c) the electronic ballot is of sufficient length to include, after the list of candidates: (i) the names of candidates for judicial offices and any other nonpartisan offices; and (ii) any ballot propositions submitted to the voters for their approval or rejection; (d) the office titles are displayed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected; (e) the party designation of each candidate [who has been nominated by a registered political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5)] is displayed adjacent to the candidate s name; and (f) if possible, all candidates for one office are grouped in one column or upon one display screen. (2) Each election officer shall ensure that: (a) proposed amendments to the Utah Constitution are displayed in accordance with Section 20A-6-107; (b) ballot propositions submitted to the voters are displayed in accordance with Section 20A-6-107; and (c) bond propositions that have qualified for the ballot are displayed under the title assigned to each bond proposition under Section Section 9. Section 20A is amended to read: 20A Master ballot position list -- Random selection -- Procedures -- Publication -- Surname - - Exemptions -- Ballot order. (1) As used in this section, master ballot position list means an official list of the 26 characters in the alphabet listed in random order and numbered from one to 26 as provided under Subsection (2). (2) The lieutenant governor shall: (a) within 30 days after the candidate filing deadline in each even-numbered year, conduct a random selection to create a master ballot position list for all elections in accordance with procedures established under Subsection (2)(c);

25 (b) publish the master ballot position list on the lieutenant governor s election website no later than 15 days after creating the list; and (c) establish written procedures for: (i) the election official to use the master ballot position list; and (ii) the lieutenant governor in: (A) conducting the random selection in a fair manner; and (B) providing a record of the random selection process used. (3) In accordance with the written procedures established under Subsection (2)(c)(i), an election officer shall use the master ballot position list for the current year to determine the order in which to list candidates on the ballot for an election held during the year. (4) To determine the order in which to list candidates on the ballot required under Subsection (3), the election officer shall apply the randomized alphabet using: (a) the candidate s surname; (b) for candidates with a surname that has the same spelling, the candidate s given name; (c) the surname of the president and the surname of the governor for an election for the offices of president and vice president and governor and lieutenant governor; and (d) if the ballot provides for a ticket or a straight party ticket, the registered political party name. (5) Subsections (1) through (4) do not apply to: (a) an election for an office for which only one candidate is listed on the ballot; or (b) a judicial retention election under Section 20A (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall appear separately, in the following order: (a) a straight party ticket, where the voter may, with one mark, vote for all candidates of one political party; (b) for federal office: (i) president and vice president of the United States;

26 (ii) United States Senate office; and (iii) United States House of Representatives office; (c) for state office: (i) governor and lieutenant governor; (ii) attorney general; (iii) state auditor; (iv) state treasurer; (v) state Senate office; (vi) state House of Representatives office; and (vii) State Board of Education member; (d) for county office: (i) county executive office; (ii) county legislative body member; (iii) county assessor; (iv) county or district attorney; (v) county auditor; (vi) county clerk; (vii) county recorder; (viii) county sheriff; (ix) county surveyor; (x) county treasurer; and (xi) local school board member; (e) for municipal office: (i) mayor; and (ii) city or town council member; (f) elected planning and service district council member;

27 (g) judicial retention questions; and (h) ballot propositions not described in Subsection (6)(g). (7)(a) A ticket for a race for a combined office shall appear on the ballot in the place of the earliest ballot ticket position that is reserved for an office that is subsumed in the combined office. (b) Each ticket, other than a ticket described in Subsection (6)(g), shall list: (i) each candidate in accordance with Subsections (1) through (4); and (ii) except as otherwise provided in this title, the party name, initials, or title following each candidate s name. Section 10. Section 20A is amended to read: 20A Petition procedures -- Criminal penalty. (1) As used in this section, the proposed name or emblem of a registered political party is distinguishable if a reasonable person of average intelligence will be able to perceive a difference between the proposed name or emblem and any name or emblem currently being used by another registered political party. (2) To become a registered political party, an organization of registered voters that is not a continuing political party shall: (a) circulate a petition seeking registered political party status beginning no earlier than the date of the statewide canvass held after the last regular general election and ending no later than November 30 of the year before the year in which the next regular general election will be held; (b) file a petition with the lieutenant governor that is signed, with a holographic signature, by at least 2,000 registered voters on or before November 30 of the year in which a regular general election will be held; and (c) file, with the petition described in Subsection (2)(b), a document certifying: (i) the identity of one or more registered political parties whose members may vote for the organization s candidates; (ii) whether unaffiliated voters may vote for the organization s candidates[; and]. [(iii) whether, for the next election, the organization intends to nominate the organization s candidates in

28 accordance with the provisions of Section 20A ] (3) The petition shall: (a) be on sheets of paper 8-1/2 inches long and 11 inches wide; (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line blank for the purpose of binding; (c) contain the name of the political party and the words Political Party Registration Petition printed directly below the horizontal line; (d) contain the word Warning printed directly under the words described in Subsection (3)(c); (e) contain, to the right of the word Warning, the following statement printed in not less than eightpoint, single leaded type: It is a class A misdemeanor for anyone to knowingly sign a political party registration petition signature sheet with any name other than the individual s own name or more than once for the same party or if the individual is not registered to vote in this state and does not intend to become registered to vote in this state before the petition is submitted to the lieutenant governor. ; (f) contain the following statement directly under the statement described in Subsection (3)(e): POLITICAL PARTY REGISTRATION PETITION To the Honorable, Lieutenant Governor: We, the undersigned citizens of Utah, seek registered political party status for (name); Each signer says: I have personally signed this petition with a holographic signature; I am registered to vote in Utah or will register to vote in Utah before the petition is submitted to the lieutenant governor; I am or desire to become a member of the political party; and My street address is written correctly after my name. ; and (g) be vertically divided into columns as follows: (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be headed with For Office Use Only, and be subdivided with a light vertical line down the middle;